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FEBRUARY 22, 2011 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELLITTO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeST EPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large .LAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK -- RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 22 FEBRUARY 2011 I. CITY COUNCIL BRIEFING -Conference Room - A. REAL ESTATE ASSESSOR'S ANNUAL REPORT Jerry Banagan, Real Estate Assessor II. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com B. ROBIN HOOD FOREST NEIGHBORHOOD SSD DREDGING PROJECT David L. Hansen, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:30 PM 5:OOPM I V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Thomas Conant Pastor Christian Chapel Assembly of God 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 February 08, 2011 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 1646 Princess Anne Road 2. VIRGINIA BEACH BOULEVARD SIDEWALK IMPROVEMENTS PROJECT Acquisition by Agreement or Condemnation 3. REAL and PERSONAL PROPERTY TAX EXEMPTIONS Operation Smile I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Laura Frances Tillman, Trustee, in the amount of $199,316 at 1646 Princess Anne Road DISTRICT 7 — PRINCESS ANNE K. 2. Ordinance to AUTHORIZE the major design features for the Virginia Beach Boulevard sidewalk improvements and AUTHORIZE the acquisition of all necessary rights-of-way and temporary and permanent easements, either by agreement of condemnation 3. Ordinance to DESIGNATE Operation Smile EXEMPT from Real and Personal Property Taxes 4. Resolution to AUTHORIZE the City Manager to EXECUTE, on behalf of the City, an Intergovernmental Agreement between the Virginia Department of Agriculture, Consumer Services and the City of Virginia Beach re the purchase of Agricultural Reserve Program (ARP) easements 5. Resolution to DIRECT the City Manager prepare an Ordinance re the City/School Revenue Sharing Formula and the School Risk Management Internal Service Fund and to work with the City Attorney to evaluate a consolidation of Risk Management 6. Ordinance to DONATE the VBAM radio equipment to the Virginia Department of Transportation (VDOT) 7. Ordinance to APPROPRIATE $75,000 from the General Fund as a five year interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re the purchase of a replacement ambulance 8. Ordinance to TRANSFER funds within the School Operating Fund re technology related equipment a. $136,687 from the Instruction Classification b. $ 20,540 from the Administration, Attendance and Health Classification C. $ 48,567 from the Operations and Maintenance Classification d. $ 25,000 from the Instruction Classification to the Operations and Maintenance Classification e. $ 33,527 from the Technology Fund to the Operations and Maintenance Classification PLANNING 1. Applications re Street Closures for portions of unimproved, unnamed alleys in Croatan re incorporating the alley with existing single-family residential lots DISTICT 6 - BEACH a. James F. III and Carol Skarbek b. John J. and Susan W. Ross c. Keith C. and Karen E. O'Neil d. Paul A. Filion RECOMMENDATION 808 Surfside Avenue 607 Vanderbilt Avenue 609 Vanderbilt Avenue 611 Vanderbilt Avenue APPROVAL 2. Application of CHURCH OF CHRIST/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suites 101 and 102. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL L M N. 11 3. Application of FAITH FOR DELIVERANCE/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suite 203. DISTRICT 2 — KEMPSVILLE RECOMMENDATION Evaila"TOINM 4. Application of TIDEWATER SEVENTH -DAY ADVENTIST CHURCH/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suites 201 and 202. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 5. Ordinance to AMEND Sections 203 and 236 of the City Zoning Ordinance (CZO) re off- street parking requirements. RECOMMENDATION 6. Ordinance to AMEND the City's Landscaping Guide by inclusion of amendments re bicycle parking and permeable paving system RECOMMENDATION APPOINTMENTS BOARD OF ZONING APPEALS COMMUNITY MEDICAL ADVISORY COMMISSION ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION REVIEW AND ALLOCATION COMMITTEE THE PLANNING COUNCIL TIDEWATER YOUTH SERVICES COMMISSION UNFINISHED BUSINESS NEW BUSINESS ADJOURNMENT APPROVAL If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2011-2012 RESOURCE MANAGEMENT PLAN "BUDGET" March 15 School Board votes on School Budget March 29 City Manager presents Proposed Budget to City Council April 6 Open House - (Convention Center) April 21 Public Hearing (Green Run High School) April 26 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption I. CITY COUNCIL BRIEFING -Conference Room- 3:30 PM A. REAL ESTATE ASSESSOR'S ANNUAL REPORT Jerry Banagan, Real Estate Assessor II. CITY MANAGER'S BRIEFINGS A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance B. ROBIN HOOD FOREST NEIGHBORHOOD SSD DREDGING PROJECT David L. Hansen, Deputy City Manager II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - S:OOPM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Thomas Conant Pastor Christian Chapel Assembly of God 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 February 08, 2011 G. FORMAL SESSION AGENDA H. PUBLIC HEARINGS 1. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 1646 Princess Anne Road 2. VIRGINIA BEACH BOULEVARD SIDEWALK IMPROVEMENTS PROJECT Acquisition by Agreement or Condemnation 3. REAL and PERSONAL PROPERTY TAX EXEMPTIONS Operation Smile rvx �� crata� aw+rt Q €'b fA NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execution and delivery of Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 29.66+/- acres of land located at 1646 Princess Anne Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of $199,316. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on February 22, 2011, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon Ad: Feb. 6 & 13, 2011 22190546 D PUBLIC HEARING CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition by agreement or condemnation of certain property and easements necessary for the improvements for Virginia Beach Boulevard Sidewalk Improvements Project, CIP 2-178.001, Tuesday, February 22, 2011, at 6:00 PM., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "Virginia Beach Boulevard Sidewalk Improvements Project, CIP 2-178.001" and are on file in the Public Works Department, Engineering Division, Building #2 at the Municipal Center. The purpose of this Hearing will be to obtain public input regarding authorizing condemnation, if necessary, for certain parcels in this project. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay — Telephone Device for the Deaf). Any questions concerning this Hearing should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center, (757) 385-4161. Ruth raser, MMC City I r Beacon: Feb. 13, 2011 NOTICE OF PUBLIC HEARING Proposed Exemption from Real and Personal Property Taxation By Designation On Tuesday, February 22, 2011 at 6:00 PM in the Council Chamber on the second floor of the City Hall building, Municipal Center, Virginia Beach, Virginia, the City Council of the City of Virginia Beach will hold a Public Hearing on an ordinance to exempt the following entity from local real and personal property taxes: Operation Smile Tangible Personal Property Assessment: $ 0.00 Tangible Personal Property Taxes Due: $ 0.00 Real Estate Property Assessment: $2,343,200.00 Real Estate Property Taxes Due: $ 20,854.48 A copy of the proposed ordinance is on file in the office of the City Clerk. All interested persons are welcome to appear at the Hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at 1-800- 828-1120. Ruth Hodges Fraser, MMC City Clerk Beacon: Feb. 13, 2011 I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Laura Frances Tillman, Trustee, in the amount of $199,316 at 1646 Princess Anne Road DISTRICT 7 — PRINCESS ANNE 2. Ordinance to AUTHORIZE the major design features for the Virginia Beach Boulevard sidewalk improvements and AUTHORIZE the acquisition of all necessary rights-of-way and temporary and permanent easements, either by agreement of condemnation 3. Ordinance to DESIGNATE Operation Smile EXEMPT from Real and Personal Property Taxes 4. Resolution to AUTHORIZE the City Manager to EXECUTE, on behalf of the City,. an Intergovernmental Agreement between the Virginia Department of Agriculture, Consumer Services and the City of Virginia Beach re the purchase of Agricultural Reserve Program (ARP) easements 5. Resolution to DIRECT the City Manager prepare an Ordinance re the City/School Revenue Sharing Formula and the School Risk Management Internal Service Fund and to work with the City Attorney to evaluate a consolidation of Risk Management 6. Ordinance to DONATE the VBAM radio equipment to the Virginia Department of Transportation (VDOT) 7. Ordinance to APPROPRIATE $75,000 from the General Fund as a five year interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re the purchase of a replacement ambulance 8. Ordinance to TRANSFER funds within the School Operating Fund re technology related equipment a. $136,687 from the Instruction Classification b. $ 20,540 from the Administration, Attendance and Health Classification C. $ 48,567 from the Operations and Maintenance Classification d. $ 25,000 from the Instruction Classification to the Operations and Maintenance Classification e. $ 33,527 from the Technology Fund to the Operations and Maintenance Classification yy �u •m :� S) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $199,316 (Property of Laura Frances Tillman, Trustee) MEETING DATE: February 22, 2011 ■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eight (8) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City, s interests, and other standard contingencies. ■ Considerations: The subject property consists of one (1) parcel of land having approximately 29.66 acres outside of marshland or swampland. It is owned by Laura Frances Tillman, Trustee of the Laura Frances Tillman Declaration of Trust, dated September 17, 2001. Under current development regulations, there is a total development potential of five (5) single-family dwelling building sites, two (2) of which will be reserved for future development as 3 -acre building sites. The parcel, which is shown on the attached Location Map, is located at 1646 Princess Anne Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $199,316. This price is the equivalent of approximately $6,720 per acre. W The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.019% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.019% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney, s Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department ,f%f City Manager: % V 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $199,316 (LAURA FRANCES TILLMAN, TRUSTEE) 6 7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 9 presented to the City Council a request for approval of an Installment Purchase Agreement 10 (the form and standard provisions of which have been previously approved by the City 11 Council, a summary of the material terms of which is hereto attached, and a true copy of 12 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 13 (as defined in the Installment Purchase Agreement) on certain property located in the City 14 and more fully described in Exhibit B of the Installment Purchase Agreement for a 15 purchase price of $199,316; and 16 17 WHEREAS, the aforesaid Development Rights shall be acquired through the 18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 19 compliance with, the requirements of the Ordinance; and 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 3.019% per annum or 34 the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 6.019% unless the approval of the City Council by 37 resolution duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 47 Manager or his designee to execute and deliver the Installment Purchase Agreement in 48 substantially the same form and substance as approved hereby with such minor 49 modifications, insertions, completions or omissions which do not materially alter the 50 purchase price or manner of payment, as the City Manager or his designee shall approve. 51 The City Council further directs the City Clerk to affix the seal of the City to, and attest 52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 53 incurrence of the indebtedness represented by the issuance and delivery of the Installment 54 Purchase Agreement. 55 56 4. The City Council hereby elects to issue the indebtedness under the Charter 57 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 58 the indebtedness a contractual obligation bearing the full faith and credit of the City. 59 60 Adoption requires an affirmative vote of a majority of all members of the City 61 Council. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 64 , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r VW4� Agriculture Department City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: (;I-fivrl- � Director of Finance ` CA11688 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D008\P011\00051174.DOC R-1 Date: February 8, 2011 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2010-112 SUMMARY OF MATERIAL TERMS SELLER: TILLMAN, Laura Frances, Trustee of the Laura Frances Tillman Declaration of Trust dated September 17, 2001 PROPERTY LOCATION: 1646 Princess Anne Road PURCHASE PRICE: $199,316 EASEMENT AREA: 29.66 acres, more or less DEVELOPMENT POTENTIAL: 5 single-family dwelling sites (3 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fundpurchase price, but not less than 3.019% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.019% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. a� Q. 0 ^L LL co Co oi N JJ VW CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving the Major Design Features for the Virginia Beach Boulevard Sidewalk Improvements project (CIP 2-178.001), and Authorizing the Acquisition of all Necessary Right -of -Way and Temporary and Permanent Easements either by Agreement or Condemnation. MEETING DATE: February 22, 2011 ■ Background: The Virginia Beach Boulevard Sidewalk Improvements project (CIP 2-178.001, VDOT Project Number 0058-134-710, UPC 86504) (the "Project') was approved by the Virginia Department of Transportation (VDOT) for Highway Safety Improvement Program (HSIP) funding. This project is for the construction of an eight (8) -foot sidewalk on the south side of Virginia Beach Boulevard between North Oceana Boulevard and Birdneck Road. The Project is needed to provide east -west pedestrian connectivity and improve pedestrian safety along the south side of Virginia Beach Boulevard. The sidewalk will serve to connect two (2) Strategic Growth Areas (SGA), Hilltop SGA and the Resort Area SGA, and support the City of Virginia Beach in providing pedestrian -friendly infrastructure. ■ Considerations: An ordinance authorizing acquisition is required for the Federal Highway Administration (FHWA) to allow the right-of-way phase of the project to commence. The design phase is complete and plats are being finalized to begin right- of-way acquisition. Right-of-way and easements are required from one (1) parcel. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. ■ Public Information: A Willingness to Hold a Public Hearing for the Project was posted and expired September 20, 2010. There were no requests to have a Public Hearing. Alternatives: Do not adopt the Ordinance and risk loss of HSIP funding and delay of the Project. ■ Recommendations: Approve the design features of the Project. Approve the request for authority to acquire, by agreement or condemnation, the property and easements (temporary and permanent) associated with the Project. ■ Attachments: Ordinance, Location Map Recommended Action: Adopt Ordinance Submitting Department/Agency: Public Works/Engineering N City Manage . % V, "�� 1 AN ORDINANCE APPROVING THE DESIGN 2 FEATURES FOR THE VIRGINIA BEACH 3 BOULEVARD SIDEWALK IMPROVEMENTS 4 PROJECT (CIP 2-178.001), AND AUTHORIZING 5 THE ACQUISITION OF ALL NECESSARY RIGHT - 6 OF -WAY AND TEMPORARY AND PERMANENT 7 EASEMENTS, EITHER BY AGREEMENT OR e CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation within the City and for other related public purposes for the preservation 13 of the safety, health, peace, good order, comfort, convenience, and for the welfare of 14 the people in the City of Virginia Beach; 15 16 WHEREAS, a "Notice of Willingness to Hold a Public Hearing" was posted for the 17 purpose of considering the design features for the Virginia Beach Boulevard Sidewalk 18 Improvements Project, CIP #2-178.001, VDOT Project Number 0058-134-710, UPC 19 86504 (the "Project') in the City of Virginia Beach; and 20 21 WHEREAS, all inquiries were satisfactorily answered, so that a public hearing is 22 not required; 23 24 WHEREAS, this Project is included in the Urban Construction Initiative (UCI) 25 program; and 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That the major design features of VIRGINIA BEACH BOULEVARD 31 SIDEWALK IMPROVEMENTS PROJECT (CIP 2-178.001) (VDOT Project: 0058-134- 32 710, UPC 86504) as presently designed are hereby approved. 33 34 2. That the City Council authorizes the acquisition by purchase or 35 condemnation of all that certain real property in fee simple, including temporary and 36 permanent easements and entire tracts upon which such rights-of-way or easements 37 shall be located, within the limitations and conditions of Section 33.1-91 of the Code of 38 Virginia of 1950, as amended (collectively, the "Property"), as shown on the plans 39 entitled VIRGINIA BEACH BOULEVARD SIDEWALK IMPROVEMENTS, CIP 2- 40 178.001, VDOT PROJECT NUMBER 0058-134-710, UPC 86504" (the "Project') and 41 more specifically described on the acquisition plats for the Project (plats and plans 42 collectively referred to as the "Plans"), the Plans being on file in the Engineering 43 Division, Department of Public Works, City of Virginia Beach, Virginia. 44 45 3. That the City Manager is hereby authorized to make or cause to be made 46 on behalf of the City of Virginia Beach, to the extent that funds are available, a 47 48 49 50 51 52 53 54 55 56 reasonable offer to the owners or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said Property. 4. That the Director of Public Works is hereby authorized to execute on behalf of the City of Virginia Beach, all the necessary utility agreements required in conjunction with acquiring such rights-of-way. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. CA 11686 R-1 2/10/11 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d014\p009\00002050.doc APPROVED AS TO CONTENT tk,Nva- Department of Public Works APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney's O ice fro i `4�Vw`i✓ Jj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate Operation Smile as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: February22, 2011 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: Operation Smile, an international charity, volunteers their medical expertise to provide safe, effective and free cleft lip and cleft palate repair surgery for children all over the world. The City of Virginia Beach has dedicated approximately 9.4 acres to Operation Smile and will offset a portion of their site improvement costs. In return, Operation Smile will build their worldwide headquarters in the Princess Anne Commons area of the City adjacent to the Health Professions Center of Tidewater Community College. The effective date of the tax exemption has been designated as September 28, 2010, which is the date the property for the Operation Smile worldwide headquarters was conveyed from the City to Operation Smile. The Commissioner has reviewed the application, and he finds Operation Smile qualifies for exemption from real and personal property taxes. ■ Public Information: A public hearing for this item will be held on February 22, 2011 at the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinance; City Council Policy on Tax Exemption by Designation; and Commissioner of Revenue Summary of Operation Smile's Application Recommended Action: Approval Submitting Department/Agency: Office of the City Manager City Manager: S k 1 AN ORDINANCE TO DESIGNATE OPERATION SMILE 2 AS BEING EXEMPT FROM LOCAL REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to OS HQ LLC, a Virginia Limited 8 Liability Company wholly-owned by Operation Smile, Inc. ("Operation Smile"). 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Operation Smile as a charitable organization within the context of § 6(a)(6) of Article X of 15 the Constitution of Virginia. 16 17 2. That real and personal property owned by Operation Smile located within the 18 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis 19 is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Operation Smile for exclusively charitable 24 purposes; 25 26 (b)that each July 1, Operation Smile shall file with the Commissioner of the 27 Revenue a copy of its most recent federal income tax return, or, if no such 28 return is required, it shall certify its continuing tax exempt status to the 29 Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2012, Operation Smile shall file 32 an exemption application with the Commissioner of the Revenue as a 33 requirement for retention of the exempt status of the property; and 34 35 (d) that Operation Smile cooperate fully with the Commissioner of the Revenue 36 with respect to audit of its financial records, compliance with the terms of this 37 ordinance. 38 39 4. That the effective date of this exemption shall be September 28, 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2011. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: 0 W.- - - -- Commis loner of fhedAenue CA11777 R-1 January 10, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic ENTITY NAME Operation Smile Inc / OS HQ, LLC 6435 Tidewater Drive Norfolk, VA 23509 Website: http://www.operationsmile.org/ Property Location: 3641 Faculity Boulevard (GPIN 14857460060000) Virginia Beach, VA 23453 SUMMARY OF NONPROFIT BUSINESS ACTIVITY Operation Smile is a 501(c) 3 charity organization that heals children's smiles, and making the world a better place. As a children's charity, they measure themselves by the joy they see on all of the faces they help. At Operation Smile, they're more than a charity organization. They're a mobilized force of medical professionals and caring hearts that provide safe, effective reconstructive surgery for children born with facial deformities such as cleft lip and cleft palate. MISSION STATEMENT Operation Smile mobilizes a world of generous hearts to heal children's smiles and transform lives across the globe. We believe that all children deserve to live their lives with dignity. And for those suffering from cleft lip, cleft palate or other facial deformities, dignity begins with a smile. Driven by our universal compassion for children, we work worldwide to repair childhood facial deformities by delivering safe, effective surgical care directly to patients. The global partnerships we create, the knowledge we share and the infrastructure we build leave a legacy that lives well beyond our medical missions, making a lasting difference in our world. Our impact is felt not just through the children we heal, but through the daily transformation of donors, volunteers and staff as we fulfill our shared vision and see immediate, life - changing results. Note: The property in question was acquired by deed of gift from the city of Virginia Beach. The organization is constructing its new 65,000 square feet Global World Headquarters, upon completion the headquarters will be furnish with equipment, business property and other fixtures consistent with Operation Smile's mission and purpose. TAX IMPACT Business Property: Assessment: None at this time, but in the future. Tax: Personal Property Assessment: None at this time, but in the future. Tax Real Property Assessment: $2,343,200.00 Tax $20,854.48 RELEVANT INFORMATION IRS Granted 501 (c) 3 status — March 29, 1999 Philip J. Kellam Commissioner January 13, 2011 City Hall Virginia Beach, VA 23456-9002 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Subject: Initial Report on Applicant for Exemption from Property Taxes Dear Mayor and Council Members: Vl3gov.com/cor Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation from personal and real property taxes'. The City Council accepted this authority and ordained a policy utilizing the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemptioir. On May 6, 2008 the City Council revised and re -ordained the process providing for the Commissioner of the Revenue to review and report to City Council on such applications;. The Commissioner's Office has received 1 application in this reporting period. The following applicant qualifies for exemption from personal property and real property taxation: Operation Smile Inc / OS HQ, LLC I am available if you have questions or concerns regarding the recommendations. Sincerely, Philip J. Kellam Commissioner of the Revenue Enclosures ' Code of Virginia 58.1-3651 ORD -2798I 3 ORD -3009K City Council Policy Orr$rnal Pro M& Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Dare of Adoption February 3, 2004 Dares of Revisions: May 6, 2008 Page 2 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January I, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playgroundpurposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the Property 2.0 Policv The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting. tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: r! . Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from Iocal property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local. property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the. Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: Febntary 3, 2004 Daces of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Resl2onsibili1y and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for. the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: City Ccuncil Polity Regarding Applications for Tax Exemption by Desigmition Date of Adoption: .-February 3, 2044 Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PR DPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. b.d S eci'fiC Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shalt include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution authorizing and directing the City Manager to execute, on behalf of the City, an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach regarding the purchase of Agricultural Reserve Program Easements MEETING DATE: February 22, 2011 ■ Background: In 2010, the Virginia Department of Agriculture and Consumer Services (VDACS) determined that the City is eligible for additional State funding over the next two years in the maximum cumulative amount of $12,500.00, as reimbursement for certain costs incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program (ARP). The City previously approved to receive funding from VDACS on June 24, 2008, January 27, 2009 and February 23, 2010. Subject to the approval of the City Council, the City Staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (IA) providing for the additional funding. ■ Considerations: The agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easement; (2) the cost of one appraisal; (3) attorney's fees; (4) the cost of one survey; (5) title insurance fees; and (6) public notice costs. The IA also allows the City to be reimbursed for certain other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The IA also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 100% of the costs listed above, up to the maximum cumulative amount of $12,500.00. A Summary of Material Terms is included in the agenda package for this item. ■ Public Information: No special advertising is required. ■ Recommendations: Adoption of Resolution and Ordinance ■ Attachments: Ordinance, Resolution and Summary of Material Terms Recommended Action: Approval of the Ordinance and Resolution Submitting Department/Agency: Agriculture Department City Manager: i V '"�53 lot 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE, ON BEHALF OF THE 3 CITY, AN INTERGOVERNMENTAL AGREEMENT 4 BETWEEN THE VIRGINIA DEPARTMENT OF 5 AGRICULTURE AND CONSUMER SERVICES AND THE 6 CITY OF VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 10 WHEREAS, the City of Virginia Beach adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing a comprehensive program 12 (the "Agricultural Reserve Program") for the preservation of agricultural lands within the 13 City; and 14 15 WHEREAS, since its inception of the Agricultural Reserve Program, 16 approximately 8,621 acres of land have been placed under easements restricting 17 development of the land to agricultural uses; and 18 19 WHEREAS, the General Assembly, by Chapter 874 of the 2010 Acts of 20 Assembly, has appropriated $100,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; and 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes VDACS' Office of 26 Farmland Preservation to develop methods and sources of revenue for allocating funds 27 to localities to purchase agricultural conservation easements; and 28 29 WHEREAS, VDACS has determined that the City of Virginia Beach is eligible to 30 receive contributions of funds from VDACS in reimbursement for certain costs the City of 31 Virginia Beach incurs in the course of purchasing Agricultural Reserve Program 32 easements; and 33 34 WHEREAS, the City and VDACS desire to enter into an agreement pursuant to 35 which VDACS will reimburse the City for certain costs incurred by the City in the course 36 of purchasing ARP easements, up to a cumulative maximum amount of $12,500, for a 37 period of two (2) years from the date of the agreement; and 38 39 WHEREAS, the complete agreement between the City and VDACS is set forth in 40 that certain document entitled "INTERGOVERNMENTAL AGREEMENT Between 41 Virginia Department of Agriculture and Consumer Services and The City of Virginia 42 Beach," dated December 31, 2010, a true copy of which agreement is on file in the City 43 Clerk's Office; and 44 45 WHEREAS, a Summary of Material Terms of the said agreement is appended 46 hereto; and 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 8811 83 84 85 WHEREAS, the City Council finds that the terms of the said agreement are fair and reasonable and would be of significant benefit to the City and its citizens by providing an additional source of funds for the purchase of Agricultural Reserve Program easements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute the aforesaid agreement, and any modifications to the aforesaid agreement, on behalf of the City and to take such measures as are necessary or advisable to implement such agreement according to its terms. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council hereby expresses its appreciation to the Governor, the General Assembly and the Virginia Department of Agriculture and Consumer Services for their continued commitment to the preservation of agriculture within the Commonwealth and the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. Approved as to Content: o� Agriculture Department CA -11680 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d008\p009\00000982.doc R-1 January 6, 2011 2 Approved as to Legal Sufficiency: City Attorney's Office Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach Summary of Material Terms Background: City of Virginia Beach is eligible to receive an additional $12,500 in State funds to purchase agricultural preservation easements through the City's Agricultural Reserve Program (ARP). The City of Virginia Beach was previously approved to receive $403,219.75 from the Virginia Department of Agriculture and Consumer Services (VDACS) on June 24, 2008, $49,900.00 on January 27, 2009 and $93,932.19 on February 23, 2010. Parties: The City of Virginia Beach and the Virginia Department of Agriculture and Consumer Services (VDACS). VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $12,500. Reimbursable costs include: • the purchase price of any Treasury STRIPS acquired to fund the purchase price of the conservation easement; • cost of title insurance; • cost of one appraisal; • one physical survey; • reasonable attorney's fees; • cost of public notices Note: Other costs are reimbursable but are not incurred by the City in the course of ARP transactions as presently structured. Maximum reimbursement for a single purchase is equal to 50% of sum of the purchase price of the easement and reimbursable costs, excluding costs of STRIPS. City of Virginia Beach Responsibilities: Cost: Utilize state funds to further protect working agricultural lands by purchasing development rights. Submit a progress report each year that the agreement is effective or a subsequent agreement is in effect to (i) describe any prospective properties and the status of any negotiations, (ii) estimate the timeframes that agreements could possibly be executed, (iii) maintain a public outreach program designed to educate various stakeholders, (iv) develop and maintain a monitoring program, and (v) continually evaluate the effectiveness of the program. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to VDACS' contribution toward the total reimbursable cost of acquiring the ARP easement. • No associated costs are incurred by the City Duration and Termination: • Initial term is two years from the date of the agreement or December 31, 2012. • This agreement shall be merged with the previous agreement approved on February 23, 2010, so there are no inconsistencies. • City may be recertified as eligible for future funding, but not guaranteed. • The agreement may be terminated if the City fails to perform any of its obligations under the terms of this agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other PDR programs. 2 �iu�a�apgc ,. t i ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the City/School Revenue Sharing Formula and the School Risk Management Internal Service Fund MEETING DATE: February 22, 2011 ■ Background: Recently, members of City Council and the School Board have engaged in discussions regarding both the City/School Revenue Sharing Formula ("formula") and the accumulated fund balance in numerous funds created for the School Board, including the School Risk Management Internal Service Fund. As a result of those discussions, the School Board has offered to support the transfer of $14.5 million from the School Risk Management Internal Service Fund to the City General Fund to help City Council balance the City budget in the upcoming fiscal year, and the School Board has requested that $5.5 million of the fund be appropriated to pay -go School Capital Improvement Projects. As part of the proposal, City Council would agree not to change the formula for FY 2012. ■ Considerations: This resolution directs the City Manager to prepare an appropriation ordinance in line with the School Board proposal detailed above. No other appropriations would be made to a City fund from the other School reserve/restricted funds in either FY 2011 or FY 2012. The resolution also directs the City Manager and City Attorney to evaluate consolidation of the risk management funds and functions of the City and the School Board. At least one additional joint meeting of the two bodies will be held prior to City Council's adoption of the FY 2012 budget. Finally, the resolution provides that no change shall be made to the formula for the FY 2012 budget, and the use of categorical funding will continue, pending joint School Board -Council discussions. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by Mayor Sessoms and Councilmembers Bellitto and Davis REQUESTED BY MAYOR SESSOMS AND COUNCILMEMBERS BELLITTO AND DAVIS 1 A RESOLUTION REGARDING THE CITY/SCHOOL 2 REVENUE SHARING FORMULA AND THE SCHOOL 3 RISK MANAGEMENT INTERNAL SERVICE FUND 4 WHEREAS, in recent months, members of City Council and the School Board 5 have engaged in multiple discussions regarding both the City/School Revenue Sharing 6 Formula and the accumulated fund balance in numerous funds created for and utilized 7 by the School Board, including the School Risk Management Internal Service Fund; and 8 9 WHEREAS, at the recent joint retreat, the City Council and the School Board 10 recognized the need for enhanced communication, including the utilization of working 11 groups consisting of members of both bodies as well as regularly scheduled meetings 12 involving all members of both bodies; and 13 14 WHEREAS, as a result of these discussions, the School Board has offered to 15 support the transfer of $14.5 million from the School Risk Management Internal Service 16 Fund to the City General Fund to help City Council balance the City budget in the 17 upcoming fiscal year, and the School Board has requested that $5.5 million of the 18 internal service fund be appropriated to pay -go School Capital Improvement Projects, 19 with the understanding that the City will assume the risk above the resulting fund 20 balance of $6.1 million; and 21 22 WHEREAS, as part of this proposal, City Council would agree not to change the 23 Revenue Sharing Formula for FY 2012 but would instead jointly discuss the issue with 24 the School Board this summer, with an eye toward the FY 2013 budget; and 25 26 WHEREAS, it is the expectation of City Council that representatives of City 27 Council and the School Board will meet to discuss the formula for FY 2013, as well as 28 the method of appropriation and the use of fund reserves, commencing no later than 29 May 15 and concluding no later than September 15. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That, with the recognition of the existing legal obligation of the City to fund 35 the needs of the School Board, the City Manager is directed to prepare an ordinance for 36 City Council's consideration that would appropriate $14.5 million of the fund balance of 37 the School Risk Management Internal Service Fund to the City General Fund and $5.5 38 million of the fund balance to pay -go School Capital Improvement Projects. 39 40 2. That the City Manager and the City Attorney are directed to take the steps 41 necessary to evaluate a consolidation of risk management funds and functions of the 42 City and the School Board. 43 44 3. That there shall be at least one additional joint meeting of the City Council 45 and the School Board prior to City Council's adoption of the FY 2012 budget. 46 47 4. That no other appropriations shall be made to a City fund from the other 48 School reserve/restricted funds in either FY 2011 or FY 2012. 49 50 5. That no change shall be made to the City/School Revenue Sharing 51 Formula for the FY 2012 budget. 52 53 6. That the use of categorical funding for the School Board budget will 54 continue, pending the joint discussions referenced above. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2011. APPROVED AS TO LEGAL SUFFICIENCY: 4 City Attorney's Office CA11793 R-9 February 16, 2011 S� 4£�' sypHLy x CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate Radio Equipment to the Virginia Department of Transportation MEETING DATE: February 22, 2011 ■ Background: The City of Virginia Beach operated a low power AM radio station (VBAM), AM1680, for the purpose of providing information to the community during periods of emergency. During normal operations the station relayed NOAA weather radio signals. The system received little utilization but needed to be maintained 24 hours a day, seven days a week to ensure it was functioning in the event of an emergency. The low power AM radio signals were available to vehicle radios (highway advisory style reception) but did not offer sufficient penetration to reach into homes. Funds to purchase the system were provided by a grant, which did not include funding for repair or maintenance. In 2010, two of the four transmitter locations required substantial repairs to continue operation. After review and consideration by the City Manager's Office, Communications and Information Technology (ComIT), and Emergency Communications and Citizen Services, the system was turned off due to unfunded costs for repairs and/or replacement and due to the ongoing manpower requirements to operate the system. ■ Considerations: ComIT has concluded that the private demand for this equipment in its current state of repair is poor. Attached is a donation justification memorandum from ComIT to the City's Purchasing Agent. The Virginia Department of Transportation (VDOT) has expressed interest in this equipment. VDOT operates similar systems throughout the state and could use the equipment to supplement their systems or to use the parts to maintain existing equipment. Additionally, ComIT anticipates VDOT will dismantle and transport the equipment, which reduces the City's demolition costs. ■ Public Information: Advertisement will be as part of the City Council agenda. ■ Alternatives: Surplus the equipment for sale to the general public. ■ Recommendations: Donate the VBAM radio equipment to VDOT ■ Attachments: Ordinance, Asset Disposition Form, Donation Justification Memorandum from ComIT to Bill Davis Recommended Action: Approval Submitting Department/Agency: Communications and Information Technology City Manager: S V 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO DONATE RADIO EQUIPMENT TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION WHEREAS, pursuant to Virginia Code § 15.2-953(8), the City may donate personal property to another governmental entity; WHEREAS, the radio equipment used for the City's low power AM radio (VBAM) no longer serves a useful purpose; WHEREAS, the Virginia Department of Transportation (VDOT) has expressed interest in acquiring this equipment; and WHEREAS, VDOT currently operates radio systems using similar equipment throughout the state. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the VBAM radio equipment, set forth in further detail in the attached asset disposition form, is hereby donated to VDOT. Adopted by the Council of the City of Virginia Beach, Virginia on the day of )2011. APPROVED AS TO CONTENT Communications and Information Technology CA11794 R-2 February 7, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Form NO. D.F. 30-5 (Rev. 3/94) Citgo of Virginia Beach, Virginia Asset Disposal Form Department and Bureau Code: 21010 Bureau or Department Name: ComIT Inventory No. 142973 Description of the Capital Asset (including name of manufacturer, model number, serial number, model year, etc) Highway Advisory Radio system (VBAM 4 transmitter sites, 1 message authoring site) Highway Information Systems: 4 of the following: DRTXM3; DR1500AM; DRPSMI; EAS receiver; Black Max; DCCT; GPS1; ANTMOD; installation, etc. 1 each of following: DR2000; TS100SC; installation, etc.; numerous serial numbers; 2005 Asset Type: F7X Capital Asset a Non -Capital Asset Recommended Action: E]Junked FIDonate to VDOT FlUsed For Parts 71 Loan To: 0 Transfer to: 1-1 Trade In: (Dept/Bureau Code) (DeptAureau (Details) Recommended Salvage Value: Value: $ 0 Asset Has No Salvage Value Comments: see purchasing donation justification memo; City Council will formally approve donation; VDOT contact Neil Reid; Finance inventory account cost: $ 116,978.40; contact: Richard Dyer 385-1862 anus t,apxtat Asset is no longer Useful for our op February 7, 2011 Kevin Fai rley Date I Action Taken: ores, end I rAcomxnnd that it be disposed of as indicated. Department Head or FOR PURCHASING DIVISION USE Y I Storage Location: Not currently stored; equipment is located at originally installed sites Disposal Date: I Authorized Signature: COMMUNICATIONS AND INFORMATION TECHNOLOGY MULTIMEDIA SERVICES DIVISIONNBTV (757)385-4121 FAX (757)368-5617 TDD(757)427-4305 City- of_ Virginia S cacti INTER -OFFICE MEMORANDUM DATE: February 4, 2011 TO: Bill Davis, Finance/Purchasing FROM: Richard Dyer, ComIT/Multimedia Services SUBJECT: Highway Advisory Radio (VBAM) Donation Justification VBgov com 1800 COLLEGE CRESCENT ROOM H161 VIRGINIA BEACH, VA23453-1902 Considering the poor condition of the Highway Advisory Radio (HAR) components, high cost to maintain, and market demand, it is in the City's best interest to donate the six year old equipment, verses solicit private bids. A private entity would be reluctant to bid on this system which requires numerous component repairs and software upgrades. By equipment and FCC program design, most HAR systems were built for government transportation and emergency agency needs, further reducing commercial demand. Past attempts, of even soliciting interest in commercially compatible equipment, have resulted in minimum to no bids. We anticipate that VDOT will utilize its substantial local resources to dismantle and transport the equipment, further reducing the City demolition cost. VDOT also could utilize the components as parts to maintain existing systems. Commercial interest, if any, would likely come from outside the local area, further reducing bid values. If I can provide any further information or assistance, please contact me at 385-1862 or at rdyer _vbgov.com c: Kevin Fairley, ComIT r>1`i�'cy yl ro CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest -Free Loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc., for the Purchase of a Replacement Ambulance MEETING DATE: February22, 2011 ■ Background: The Chesapeake Beach Volunteer Fire and Rescue Department, Inc. is requesting a no -interest loan from the City for an ambulance that will replace their 1997 model ambulance that has over 140,000 miles on the odometer, and has been out of service for several months with system electrical issues that are cost prohibitive to repair. The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the Volunteer Rescue Squads, such as providing standard equipment for the ambulances; physical facilities and spaces to house and support equipment and personnel; paying utility bills for buildings and facilities housing a rescue squad, including those owned by a rescue squad; providing or paying for property and liability insurance for any building, facility or real property used to operate the volunteer emergency medical transport service; providing or paying for fuel for ambulances, zone cars and other emergency service vehicles; providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads; providing adequate staff and budget for volunteer EMS recruitment and retention programs; providing initial and continued training and education of volunteers; and providing shift supervision. Also, the City of Virginia Beach has historically provided short term, no interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The cost of a new ambulance routinely exceeds $140,000, without consideration of the medical equipment, supplies or personnel. ■ Considerations: The attached letter from Chesapeake Beach Volunteer Fire and Rescue Department, Inc. has been received by the Department of Emergency Medical Services requesting a no interest loan in the amount of $75,000 payable in five equal annual payments of $15,000 each. The first payment would commence February 2012. The Chesapeake Beach Volunteer Fire and Rescue Department, Inc. is requesting a loan for the full value of the replacement ambulance as the unit is a pre- owned ambulance sold and backed by an emergency vehicle distributer, which has been inspected and recommended to be added to fleet by the City Garage. This purchase is approximately half the price of a similar new vehicle. ■ Public Information: Information will be disseminated through the regular Council agenda notification process. ■ Alternatives: The alternative to this request could include pursuit of a business loan from a private financial institution, which will be costlier and will cause the rescue squad to further delay purchase of the replacement ambulance. ■ Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. ■ Attachments: Ordinance, Loan Agreement, Promissory Note, Letter from Chesapeake Beach Volunteer Fire and Rescue Department, Inc. Requesting a No Interest Loan Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager. �1�, 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE CHESAPEAKE BEACH 3 VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC., FOR 4 THE PURCHASE OF A REPLACEMENT AMBULANCE 5 6 WHEREAS, the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. 7 has requested an interest free loan of $75,000 to purchase a pre -owned replacement 8 ambulance with estimated cost of $75,000. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1. $75,000 is hereby appropriated from the fund balance of the General Fund 14 for an interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, 15 Inc. for the purchase of a replacement ambulance, contingent upon execution of the 16 attached agreement; and 17 18 2. This loan is to be repaid by Chesapeake Beach Volunteer Fire and Rescue 19 Department, Inc. over five (5) years, pursuant to the terms of the attached promissory note. 20 21 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 22 , 2011 Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _�) " a - bAA"-") Management Services City Attorney's Office CA11792 R-1 February 4, 2011 PROMISSORY NOTE $75,000 Virginia Beach, Virginia February 22, 2011 FOR VALUE RECEIVED, Chesapeake Beach Volunteer Fire and Rescue Department, Inc., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SEVENTY-FIVE THOUSAND DOLLARS ($75,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before February 1, 2012 - $15,000 On or before February 1, 2013 - $15,000 On or before February 1, 2014 - $15,000 On or before February 1, 2015 - $15,000 On or before February 1, 2016 - $15,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. 2/4/2011 \\vbgov.com\DFS I\Applications\CityLawProd\cycom32\Wpdocs\D004\P009\00005171. DOC WITNESS the following signature(s). CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC. (SEAL) By: NAME, Director 2/4/2011 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\Wpdocs\D004\P009\00005171.DOC Agreement Between the City of Virginia Beach and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. THIS AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The 1 Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: City Clerk APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager CHESAPEAKE BEACH FIRE AND RESCUE INC. I: Title: 41 VOLUNTEER DEPARTMENT, APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office January 11, 2011 Chesapeake Beach Volunteer Fire and Rescue Department, Inc. Brittany Coutcher President CBVRS 2444 Pleasure House Rd Virginia Beach, VA 23455 Chief Edwards, P.O. Box 5674 Virginia Beach, Virginia 23455 • Tel. 460-7509 The Chesapeake Beach Volunteer Fire and Rescue Dept needs to replace unit 421. Unit 421 is a 1997 Boardman. This unit is the oldest active unit in the system.421 is currently at the city garage out of service for electrical issues for the past few months. Unit 421 will be sold as not to be used as an emergency vehicle, The squad intends to purchase a 2005 Chevy 4500 Horton ambulance with 25,OOOmiles on it from Fq�co enwxgency vehicles. The purchase of the unit will cost $75,OOO.We would like to purchasethis unw as soon as possible once funding is approved. The Chesapeake Beach Volun*r Fire .' Rescue Department. Requests a no interest loan from the city for the full ,purchase amount for a term of 5 years paid at $15,000.00 a year. At this time there are no outsta. cling city loans to our squad. Thaii]Cyou in advance for your consideration. .1 Respectfully, -z. Brittany Coutcher President CBVRS �u Bic IO M•y�'�TT pi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds within the FY 2010-11 School Operating Budget MEETING DATE: February 22, 2011 ■ Background: At their February 15th meeting, the School Board adopted a resolution requesting that City Council transfer appropriations within the School Operating Fund and between the School Operating Fund and the Technology Fund. The School Operating Fund (Fund 115) contains four major classifications: Administration, Attendance, and Health; Instruction; Operations and Maintenance; and Pupil Transportation. The School Technology Category Fund (Fund 106) was formerly part of the School Operating Fund, but it currently is a separate fund in the Budget. Because the requested transfers are between the major classifications, City Council approval is required. ■ Considerations: The purpose of the transfers is to provide the School Board with technology related equipment such as computer equipment, software, technical services, distance learning supplies, scanners, and a security screening system. The breakdown of the requested transfer by major classification is as follows: • $136,687 from the Instruction Classification of the Operating Fund to the Technology Fund; • $20,540 from the Administration, Attendance, and Health Classification of the Operating Fund to the Technology Fund; • $48,567 from the Operations and Maintenance Classification of the Operating Fund to the Technology Fund; • $25,000 from the Instruction Classification of the Operating Fund to the Operations and Maintenance Classification of the Operating Fund; and • $33,527 from the Technology Fund to the Operations and Maintenance Classification of the Operating Fund. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Attachments: Ordinance, School Board Resolution Recommended Action: Submitting Department/Agency: City Manager: k Management Servi s c� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE FY 2010-11 SCHOOL OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds within the FY 2010-11 School Operating Budget are herby transferred in the following amounts: 1. $136,687 from the Instruction Classification of the Operating Fund (115) to the Technology Fund (106); 2. $20,540 from the Administration, Attendance, and Health Classification of the Operating Fund (115) to the Technology Fund (106); 3. $48,567 from the Operations and Maintenance Classification of the Operating Fund (115) to the Technology Fund (106); 4. $25,000 from the Instruction Classification of the Operating Fund (115) to the Operations and Maintenance Classification of the Operating Fund (115); and 5. $33,527 from the Technology Fund (106) to the Operations and Maintenance Classification of the Operating Fund (115). Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT Q_ Management Services CA11795 R-2 February 14, 2011 APPROVED AS TO LEGAL SUFFICIENCY: s ice VRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E School Administration Building - 2512 George Mason Drive - P.O. Box 6038 • Virginia Beach, VA 23456-0038 RESOLUTION REGARDING FY 2010-11 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS SCHOOL BOARD WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year Daniel D. Edwards Chairman appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and District 1 — Centerville 1513 Beachview Drive VA WHEREAS, The Code of Virginia §22.1-115, as amended, requires that technology related expenditures be 5-3551 (h) 717-0 495-3551 (h) • 717-0259 (c) made in a separate Fund or Category; and William J.'Bill"Brunke,IV Vice -Chairman istrict 7 — Princess Anne 44099 Foxwood Drive, Ste 106 WHEREAS, the School Administration has determined that a number of schools/departments should purchase 23462 4(w) � orical/fund technology In order to meet the spending needs of the schools/de artments and that categorical/fund p g 222.01 -2A -2772 222.0734 (w) • 286-2772 (c) required p g q gY transfers are required to enable those purchases; and Todd C. Davidson At -Large 1861 'vVA Beach, MaybVA ry 23456 WHEREAS, the following budget transfers are recommended by the School Administration: 427 -3330(w)•285 -9409(c) *Total of $136,687 from Operating Fund 115- Instruction to Technology Fund 106 Emma 5.Lynnhaven Dais $20,540 from Operating Fund 115 -Admin., Attendance & Health to Technology Fund 106 District 5 — Lyn 1125 Michaelwood Drive .Total of *Total of $48, 567 from Operating Fund 115 -Operations & Maintenance to Technology Fund 106 VA 0 8911 (jA 23452 340-8911 *Total of $25,000 from Operating Fund 115- Instruction to Operations and Maintenance Dorothy M. "Dottie" Holtz *Total of $33, 527 from Technology Fund 106 to Operating Fund 115 -Operations & Maintenance At -Large 1304 Downs Lane VA Beach, VA 23455 WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of 4 460-2440 (h) such funds by the School Board. Brent Mckenzie District 3 — Rose Hall 1400 Brookwood Place VA Beach, VA 23453 Now therefore, be it 816-2736 (c) Ashley K. McLeod RESOLVED: That the School Board rescinds the Resolution adopted on February 1, 2011 and entitled At -Large 5508 Del Park Avenue Resolution Regarding FY2010-11 Budget and Request for Categorical/Fund Transfers; and be it VA Beach, VA 23455 552-0348 (h) Samuel G."Sam"Reid FURTHER RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and be it 1533ct Beach B 1533 VA Beach Blvd. � VA Beach, VA 23454 284-1067 (c) 284-1067 (c) FURTHER RESOLVED: That the School Board requests that the City Council approve the budget Patrick At -Large categorical/funds transfers shown above; and be it 2233 Creeks Edge Drive VA Beach, VA 23451 620-2141 (c) FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Sandra Smith -Jones Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each District 2 — Kempsville 705 Rock Creek Court member of the City Council, the City Manager, and the City Clerk. VA Beach, VA 23462 490-6167 (h) Carolyn D. Weems Adopted by the School Board of the City of Virginia Beach this 15th day of February 2011, District 4 —Bayside 1420 Claudia DriveVA Beach, 464-6674 (h)A 23455 �J S E A L , l JC" Q Daniel D. Edwards, Chairman SUPERINTENDENT ATTEST: James G.Menrill, ' /� • - �Q /� , �O 2512 George Masonn Drive � VA Beach, VA 23456 Dianne P. Alexander, Clerk of the Board 263-1007 School Administration Building - 2512 George Mason Drive - P.O. Box 6038 • Virginia Beach, VA 23456-0038 K. PLANNING 1. Applications re Street Closures for portions of unimproved, unnamed alleys in Croatan re incorporating the alley with existing single-family residential lots DISTICT 6 - BEACH a. James F. III and Carol Skarbek b. John J. and Susan W. Ross c. Keith C. and Karen E. O'Neil d. Paul A. Filion RECOMMENDATION 808 Surfside Avenue 607 Vanderbilt Avenue 609 Vanderbilt Avenue 611 Vanderbilt Avenue APPROVAL 2. Application of CHURCH OF CHRIST/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suites 101 and 102. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of FAITH FOR DELIVERANCE/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suite 203. DISTRICT 2 — KEMPSVILLE RECOMMENDATION Iwo M]%M1 4. Application of TIDEWATER SEVENTH -DAY ADVENTIST CHURCH/EMMANUEL E. HENRY for a Conditional Use Permit re a religious use (church) at 404 South Parliament Drive, Suites 201 and 202. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 5. Ordinance to AMEND Sections 203 and 236 of the City Zoning Ordinance (CZO) re off- street parking requirements. RECOMMENDATION APPROVAL 6. Ordinance to AMEND the City's Landscaping Guide by inclusion of amendments re bicycle parking and permeable paving system RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, February 22, 2011, at 6:00 p.m. The following applications will be heard: CITY OF VIRGINIA BEACH Ordinance to amend Sections 203 and 236 of the City Zoning Ordinance pertaining to off-street parking requirements. Ordinance to amend the City Landscaping Guide by inclusion of amendments pertaining to bicycle parking and permeable paving system. BEACH DISTRICT James F. Skarbek, III and Carol Skarbek Application: Street Closure at Maryland Avenue. Paul A. Filion Application: Street Closure for a 15 -foot alley behind 611 Vanderbilt Avenue. Karen E. and Keith C. O'Neil Application: Street Closure for an alley behind 609 Vanderbilt Avenue. Susan and John J. Ross Application: SVeet Closure for an alley at 607 Vanderbilt Avenue. KEMPSVILLE DISTRICT Church Of Christ / Emmanuel E. Henry Application: Conditional Use P rmi for a religious use - church at 404 S. Parliament Suite 101 and 102 Drive (GPIN 1466592346). Faith for Deliverance / Emmanuel E. Henry Application: Conditional Use Permit for a religious use - church at 404 S. Parliament Drive (GPIN 1466592346). Tidewater 71" Day Adventist Church / Emmanuel E. Henry Application: Conditional Use Permit for a religious use - church at 404 S. Parliament Drive, Suite 201 (GPIN 1466592346). 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 httD�//www.vbgQv com/Dc 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 OFFICE at 385- 4303. 864303. BEACON: FEB 6 & 13, 2011 22147392 i w °Et Hyp S 7.y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of James F. Skarbek, III and Carol Skarbek for the closure of a portion of the unimproved, unnamed alley adjacent to Lot 8, Block 13, 808 Surfside Avenue in Croatan. DISTRICT 6 - BEACH MEETING DATE: February 22, 2011 ■ Background: James F. Skarbek, III and Carol Skarbek (the "Applicant") request the discontinuance, closure and abandonment of the western 7.5 foot wide portion of the unimproved alley adjacent to their property at 808 Surfside Avenue for the purpose of incorporating this area into their existing single-family residential lot. ■ Considerations: The City Council has a policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public accesses to the beach in the Croatan area. The Viewers have determined closure and abandonment of a portion of the unimproved alley will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. The Planning Commission placed this item on the consent agenda because the closure will not result in public inconvenience, the request is consistent with the City Council's policy to dispose of undeveloped alleys in the Croatan community, and there was no opposition to the request. Staff notes that the Staff Report and Planning Commission Minutes show 5 conditions for the street closure. Condition #5 was incorporated into Condition #2, thus leaving 4 conditions. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. James F. Skarbek, III and Carol Skarbek Page 2 of 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department/! City Manager: V , " BEACH Map M11 a James F Skarbek, III and Carol Skarbek 2 January 12, 2011 Public Hearing APPLICANT: JAMES F. SKARBEK, III & CAROL SKARBEK STAFF PLANNER: Leslie Bonilla REQUEST: Discontinuance, closure and abandonment of a portion of unimproved alley located at the rear property line of Lot 8, Block 13, Croatan Beach (808 Surfside Avenue). ADDRESS / DESCRIPTION: Property located at a 7.5 foot wide unimproved alley between 808 Surfside Avenue and 809 Vanderbilt Avenue. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to property at: BEACH 375 square feet 65 to 70 dB DNL 24263757080000 Sub -Area 2 SUMMARY OF REQUEST The applicant requests the closure, discontinuance and abandonment of a 7.5 foot wide portion of an unimproved alley for the purpose of incorporating the right-of-way into their adjoining single-family residential lot. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Portion of an undeveloped alley JAMES F. SKARBEK, III & CAROL SKARBEK Agenda Item 2 Page 1 SURROUNDING LAND North: . Single-family homes/ R-10 Residential District USE AND ZONING: South: . Single-family homes/ R-10 Residential District East: . Single-family homes / R-10 Residential District West: . Single-family homes / R-10 Residential District NATURAL RESOURCE AND There are no known significant cultural or natural features associated CULTURAL FEATURES: with this site. IMPACT ON CITY SERVICES PUBLIC WORKS: A plat providing a private drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review. PUBLIC UTILITIES (WATER & SEWER): No objection. PRIVATE UTILITES: Private utility companies indicate they have no facilities in the area designated for closure. EVALUATION AND RECOMMENDATION The portion of the alley proposed for closure is part of an undeveloped alley that runs north and south along the entire block. Over the past 15 years, other street closure requests similar to this request have been granted to homeowners within the same block. The zoning history map provided within this report identifies specific properties between the 800 block of Surfside Avenue and Vanderbilt Avenue that were previously granted street closures. In addition, the Viewers evaluated this request and have no objection to the closure. It should be noted that City Council adopted a policy aimed at disposing of undeveloped rights-of-way to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. Overall, Staff finds that the proposed street closure should not negatively affect the surrounding community and recommends for approval of the request with conditions provided on the following page. JAMES F. SKARBEK, III & CAROL SKARBEK Agenda Item 2 Page 2 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. A plat providing a private drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. JAMES F. SKARBEK, III & CAROL SKARBEK Agenda Item 2 Page 3 S. Maryland Ave.1-4 Ila ]Now-- co Now'p All .0 LEGEND o zv INDICATES PORTON OF ALLEY aq TO BE CLOSED(375 SO. FT /0.009 AC.) c 2 `ktD;Ak 000 SO ,q CROA VAN RD Cc06 , POI,NA. OF T t- t714ArE- Yq 'T S)'S!EM,k PLA* CtJfS S�GK*70..77' zN. ASLf; {kv FrEr,S S iSITE --�'- CROATAN BEACH N.A. 24 D 377)) LOCATION MAP 9:CGK '3 19 18A 17A M.B. 24 R. 37 1_14 20050'180007867 GRN:2425-37-6725 GPX 2426-37-6815 G:)IN:2426-37-69'0 '.N 2G0707-2000939220 yp�C 1+ f ED REMAIN'.N, 7,5' POR`10N 7.5 PURL'C 0 '5• AL,-Ev— DRANAa EASFMEN' 15 PUBLIC ]RAINAGL EASEMENT An (7 2a P 37' A- 2u15:'1800G7867) -- N 20070712000939220) ��-�--- T . T— - —'1.-' w.,9UC DRANAGE- EXISTING R/W - RrMNIONG 7 b' uCR-10N EASEMEN' i;N 200904280004156480) LINE TO BE --- Or 15' AL -E' VACATED UPON (M.©. 24 P. 37% R/W CLOSURE iv i z LOT 8 9A '� a 7 ;,.....,N.2426-37-5708 '"-- LN.2CO904260C0456480 - �� C°1N:2426-37-5723 GPIN: 2426-37-5802 °' c o?f 'M.B. 24 P 37) v SP G:\10-156resub.dwg N 12"5'42" W SURFSIDE AVENUE �50' R/W) ;FORMERLY LAKE A",'E., (N.c. 24 P, 37, PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 8 - BLOCK 13 CROATAN BEACH M.9. 24 P. 37 TO BE CLOSED VIRGINIA BEACH, VIRGINIA SCALE: 1"-30' SEPTEMBER 13, 2010 GAP SURVEYORS t ENGINEERS. LTD. Nj Msl 0MCKA . RCIU ARCM (75KAIX U454 ALLEY CLOSURE EXHIBIT JAMES F. SKARBEK, III & CAROL SKARBEK Agenda Item 2 Page 5 ZONING HISTORY JAMES F. SKARBEK, III & CAROL SKARBEK Agenda Item 2 Page 6 BEACH Map to gay James F Skarbek, III and Carol Skarbek A AR�NppV� S "0 WA �RfD 1 r ✓%f/f J r r r 0 AVO Zoning with Condit ons,Yrorters, Open Space Promotion or PM -2 Overlays Street Closure # DATE REQUEST APPLICANT ACTION 1 10/26/2004 Street Closure Gregory & Christie Harris Granted 11/08/1971 Rezoning James N. D'Orso Denied 2 09/23/2003 Street Closure Steven and Judith Pa ariello Granted 3 11/25/2008 Street Closure Thomas & Nancy Coghill Granted 4 01/31/2006 Street Closure Bryce L. Harlow & Sue K. Harlow Granted & Yvonne H. Die Bu 5 02/28/2006 Street Closure Timothy B. Tania Oldfield Granted 01/22/2008 Street Closure William G. & Joy M. Goss Granted 6 02/27/2007 Street Closure Richard C. & Kimberly C. Granted McCullough 7 05/22/2007 Street Closure I Harry R. Purke , Jr. Granted 8 05/27/2008 Street Closure R. Timothy Tepper, Jr. & Kimberly Granted W. Tepper 9 01/23/2007 Street Closure Timothy H. Hankins Granted ZONING HISTORY JAMES F. SKARBEK, III & CAROL SKARBEK Agenda Item 2 Page 6 Fe cin 0 a U DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Jamse F. Skarbek, III & Carol Skarbek �♦ 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant (Attach list if necessary) ❑ Check here if the property owner is NOTa corporation, partnership, firm, business, or other unincorporated organization. & z See next page for footnotes Street Closure Application Page 12 of 13 Revised 9/1/2o04 DISCLOSURE STATEMENT JAMES F. SKARBEK, III & CAROL SKARBEK Agenda Item 2 Page 7 DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Gallup Surveyors & Engineers, Ltd. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means `a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 _ CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the eduled I h ring according to the instructions in this package. '— James F. Skarbek, III licanrs/Property Owner's Sign ture Print Name Carol Skarbek ApplicanrarProperty Owners Signature Print Name SVeel Q08M Application Page 13 or 13 Revised 9112064 z 0 V a O a U EM1111114 PQ E11111111111114 DISCLOSURE STATEMENT JAMES F. SKARBEK, III & CAROL SKARBEK Agenda Item 2 Page 8 Item #2 James F. Skarbek & Carol Skarbek Discontinuance, closure and abandonment Lot 8, Block 13, Croatan Beach (808 Surfside Avenue) District 6 Beach January 12, 2011 CONSENT An application of James F. Skarbek and Carol Skarbek for a discontinuance, closure and abandonment of a portion of unimproved alley located in the rear property line of Lot 8, Block 13, Croatan Beach (808 Surfside Avenue), District 6, Beach. GPIN: adjacent to property 242637575080000. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. A plat providing a drainage easement shall be reviewed and approved by the City of Virginia Beach Public Works Department during detailed site plan review. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE Item #2 James F. Skarbek & Carol Skarbek Page 2 RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the board approved agenda item 2 for consent. Eddie Bourdon appeared on behalf of the applicant. 1 ORDINANCE APPROVING APPLICATION OF 2 JAMES F. SKARBEK, III AND CAROL SKARBEK 3 FOR THE CLOSURE OF A PORTION OF THE 4 UNIMPROVED, UNNAMED ALLEY ADJACENT TO 5 LOT 8, BLOCK 13, 808 SURFSIDE AVENUE IN 6 CROATAN 7 8 WHEREAS, James F. Skarbek, III and Carol Skarbek (the "Applicant") 9 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 10 described alley discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said alley be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described alley be discontinued, closed and vacated, 22 subject to certain conditions being met on or before one (1) year from City Council's 23 adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, designated and 27 described as "Indicates Portion of Alley To Be Closed (375 28 SQ. FT./0.009 AC.)," shown as the hatched area on that 29 certain plat entitled: "PLAT SHOWING PORTION OF 15' 30 ALLEY ADJACENT TO LOT 8 - BLOCK 13 CROATAN 31 BEACH M.B. 24 P. 37 TO BE CLOSED VIRGINIA BEACH, 32 VIRGINIA" Scale: 1" = 30', dated SEPTEMBER 13, 2010, 33 prepared by Gallup Surveyors & Engineers, LTD., a copy of 34 which is attached hereto as Exhibit A. 35 36 37 38 39 40 41 42 43 44 GPIN:2426-37-5708-0000 1 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right -of - 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before February 21, 79 2012, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before February 21, 2012, the date of 83 final closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. a 89 90 SECTION IV 91 92 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 93 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 94 OF VIRGINIA BEACH as "Grantor" and JAMES F. SKARBEK, III and CAROL 95 SKARBEK, as "Grantee." 96 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this 98 day of , 2011. CA11671 R-1 February 4, 2011 3 APPROVED Plannind, bei TO CONTENT: ent APPROVED AS TO LEGAL SUFFICIENCY: City Attorney EXHIBIT "A" LEGEND o INDICATES PORTION OF ALLEY i -se TO BE CLOSED(375 SO. FT./0.009 AC.) HEMERIDIPANECO AN SOURC qCOpRDINA ERDI ACTS SHOWN rS10U L T lS 8gSE0 p RD ARE EXPREssEp q� U.s %199N T�IE 3R�ty STA TE SURVEY FEET SITE —� CROATAN BEACH (M.B. 24 P. 37) LOCATION MAP BLOCK 13 19 18A M.B. 24 P. 37 I.N. 200501180007867 GPIN: 2426-37-6815 I GPIN: 2426-37-6810 REMAINING 7.5' PORTION I 7.5' PUBLIC DRAINAGE EASEMENT OF 15' ALLEY (I.N. 200501180007867) (M.B. 24 P. 37) V o S 12'15'42" E o\ 500 \ o 7.5' PUBLIC DRAINAGE-' R/W EASEMENT (I.N. 20090428000456480) LINE TO BE VACATED UPON (f) R/W CLOSURE D Z W N D v Im "--N U1 0 9A z LOT 8 I.N.20090428000456480 GPIN: 2426-37-5708 GPIN: 2426-37-5802 o o m � o v O O o_ O � o — v. S LOCKHf-ED SCALE: 1"=10 17A GPIN: 2426-37-6725 I.N. 20070712000939220 100.00' 50.00' I N 12'15'42" W SURFSIDE AVENUE (50' (FORMERLY LAKE AVE.) (M.B. 24 P. 37) 7.5' PUBLIC DRAINAGE EASEMENT —(I.N. 20070712000939220) REMAINING 7.5' PORTION OF 15' ALLEY (M.B. 24 P. 37) 7 GPIN: 2426-37-5723 (M.B. 24 P. 37) R /W) PLAT SHOWING :Sj OF PORTION OF o�� Df 15' ALLEY ADJACENT TO LOT 8 - BLOCK 13 BRUCE, LUP a CROATAN BEACH 0. ��1484 �O M.B. 24 P. 37 9�1� TO BE CLOSED �qNo suR�Ey VIRGINIA BEACH, VIRGINIA SCALE:1 "=30' SEPTEMBER 13, 2010 GALLUP W,FSUR\V/'EY0RS & ENGINEERS, LTD. 23 FIRST COLONIAL ROADAGINIA BEACH. VIRGINIA 23454 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: A) Ordinance Approving Application of Paul A. Filion for the closure of a portion of the unimproved, unnamed alley adjacent to Lot 19, Block 18, 611 Vanderbilt Avenue in Croatan. DISTRICT 6 - BEACH B) Ordinance Approving Application of Keith C. O'Neil and Karen E. O'Neil for the closure of a portion of the unimproved, unnamed alley adjacent to Lot 20, Block 18, 609 Vanderbilt Avenue in Croatan. DISTRICT 6 - BEACH C) Ordinance Approving Application of John J. Ross and Susan W. Ross for the closure of a portion of the unimproved, unnamed alley adjacent to Lot 21, Block 18, 607 Vanderbilt Avenue in Croatan. DISTRICT 6 - BEACH MEETING DATE: February 22, 2011 ■ Background: Paul A. Filion, Keith C. O'Neil and Karen E. O'Neil, and John J. Ross and Susan W. Ross (the "Applicants") request the discontinuance, closure and abandonment of the western 7.5 foot wide portion of the unimproved alley adjacent to their respective properties at 611, 609 and 607 Vanderbilt Avenue for the purpose of incorporating this area into their respective existing single-family residential lots. ■ Considerations: The City Council has a policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public accesses to the beach in the Croatan area. The Viewers have determined closure and abandonment of a portion of the unimproved alley will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. The Planning Commission placed this item on the consent agenda because the closure will not result in public inconvenience, the request is consistent with the City Council's policy to dispose of undeveloped alleys in the Croatan community, and there was no opposition to the request. Staff notes that the Staff Report and Planning Commission Minutes show 5 conditions for the street closure. Condition #4 on the Staff Report (erroneously numbered Condition #9 on the Planning Commission Minutes) was incorporated into Condition #2 (erroneously numbered Condition #7 on the Planning Commission Minutes), thus leaving 4 conditions. Paul A. Filion, Keith C. O'Neil, Karen E. O'Neil, John J. Ross and Susan W. Ross Page 2of2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into their adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The applicants shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicants shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Manager. Planning Department Item #10A, B, C (A) Paul A. Filion (B) Karen F. & Keith C. O'Neil (C) Susan W. & John J. Ross A. Discontinuance, closure and abandonment Eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 611 Vanderbilt Avenue (Lot 19, Block 18, Plat of Croatan Beach) B. Eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 609 Vanderbilt Avenue (Lot 20, Block 18, Plat of Croatan Beach) C. Eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 607 Vanderbilt Avenue (Lot 21, Block 18, Plat of Croatan Beach) District 6 Beach January 12, 2011 CONSENT A). An application of Paul A. Filion for a discontinuance, closure and abandonment of a portion of an alley located adjacent to 611 Vanderbilt Avenue, Lot 19, Block 18, Plat of Croatan Beach. GPIN: (A) Adjacent property to the east; 24263838940000; B) An application of Karen F. & Keith C. O'Neil for a discontinuance, closure and abandon of portion of an alley located adjacent property to 609 Vanderbilt Avenue, Lot 20, Block 18, Plat of Croatan Beach east; 24263838980000; C) An application of Susan W. & John J. Ross for a discontinuance, closure and abandonment of a portion of an alley located adjacent to 607 Vanderbilt Avenue, Lot 21, Block 18, Plat of Croatan Beach east; 24263849030000. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The applicant shall provide a public drainage easement and public utility easement on the final subdivision plat. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Item #10 A, B, C Page 2 AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Board approved item 10A, 10B, 10C for consent. Robert Beamon appeared on behalf of each of the applicants. 1 ORDINANCE APPROVING APPLICATION OF JOHN 2 J. ROSS AND SUSAN W. ROSS FOR THE 3 CLOSURE OF A PORTION OF THE UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO LOT 21, BLOCK 5 18, 607 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, John J. Ross and Susan W. Ross (the "Applicant") applied to 8 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 9 alley discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said alley be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virginia Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described alley be discontinued, closed and vacated, 21 subject to certain conditions being met on or before one (1) year from City Council's 22 adoption of this ordinance: 23 24 All that certain piece or parcel of land situate, lying and being 25 in the City of Virginia Beach, Virginia, designated and 26 described as the 7.50' X 50.00' portion of the hatched area, 27 described as "Indicates Portion Of Alley To Be Closed (1125 28 sq. ft./0.026 acres)", adjacent to Lot 21, in Block 18, Croatan 29 Beach, said lot also identified as "C" and "607", as shown on 30 that certain plat entitled: "PLAT SHOWING PORTION OF 31 15' ALLEY ADJACENT TO LOTS 19, 20 & 21, BLOCK 18 32 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 33 VIRGINIA BEACH, VIRGINIA" Scale: 1" = 50', dated 34 AUGUST 30, 2010, prepared by Gallup Surveyors & 35 Engineers, LTD., a copy of which is attached hereto as 36 Exhibit A. 37 38 39 40 41 42 43 44 GPIN:2426-38-4903-0000 1 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right -of - 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before February 21, 79 2012, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before February 21, 2012, the date of 83 final closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. `a *1 90 SECTION IV 91 92 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 93 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 94 OF VIRGINIA BEACH as "Grantor" and JOHN J. ROSS and SUSAN W. ROSS, as 95 "Grantee." 96 97 Adopted by the Council of the City of Virginia Beach, Virginia, on this 98 day of , 2011. CA11661 R-1 February 4, 2011 APPRO EDA T CONTENT: a i Planning ` ° epartment APPROVQD AS TO LEGAL SUFFICIENCY: W6"j-t1w City Attorney 3 f< H PC, H x W �c pCEpN ATS 5 AnAN� 10 W O J c 00 0 0 N pW� J U —j Z M O n a m UQ �aM In Z N Q o mm< Z �. J- W w a " N > m'O w- 2" aZaooD MUp� O w 0 J Z o N C. 0 = U -1 0SN J N�a�Z"mow � a Uia C�F-w� wm 0- Q •- cd M o�m� a a -j < >Nz Q O O DMQ N z F F- N/y 5 s WU o U Q Q 03 V) Q Q O V' 0 +1O Q Z H � A m 03 CROATAN ROAD (50' RAW) (CAROLINA AVE. - M.B. 24 P. 3)) � N W Zao eNv pp i0 S R] C6 � Y (10101),09101 3 .9t.0.99 N _ pO 7.50' X-001. V1 d 2N S) `N� s M O 8 of �/ � � 00 v Q N � � co W m N N (10101),09101 3 .94 S4 S9 N 0 ^ —. 'L ,00'001 o O ^° �i 1_ Ci .-� W M LLI Jw J Q N Off Sy1 w 1gi W �J LL. y '--' (PI-1),OS'LOl 3 ,Gf'G 9 N � � m Q r Q _ M OS'L 100'OOl rn " Q w N Q�� Ori : Z � Q � uj i� ^ N p ��/_� p C7� W/ 1i NN 0 W a 0 05 L 00 001 Yip —3 LU U — (@101).OS'LOl M ,S�,S�.S9 S _..I z ¢w Qm ,� 'a C O = O � M ^ i Z N N to N CD 00 Z w W OcL {� m N Z ^m J N CcD 6 C<� Q V// 4) 08 C Z LL i U Q WO 4) N On ; CL Y� Q m CU o i 0 BEACH A. r1111 -V IL[0N Mun \I-8 B. - Iw..REN & AE[TH C'. O'NEIL „,'.„ C.-SITSANW 701IN J. RUNS �R10 � R1�} ls11R10 t� f ' R10 RIO RIP— A *s„ Ria 1 RIO- 1 1 STREET CLOSURE 10 January 12, 2011 Public Hearing APPLICANT / PROPERTY OWNER: A) PAUL A. FILION B) KAREN & KEITH C. O'NEIL C) SUSAN W. & JOHN J. ROSS STAFF PLANNER: Karen Prochilo REQUEST: AZ Discontinuance, closure and abandonment of a portion of an alley located adjacent to 611 Vanderbilt Avenue, Lot 21, Block 18, Plat of Croatan Beach. Discontinuance, closure and abandonment of a portion of an alley located adjacent to 609 Vanderbilt Avenue, Lot 20, Block 18, Plat of Croatan Beach. C� Discontinuance, closure and abandonment of a portion of an alley located adjacent to 607 Vanderbilt Avenue, Lot 19, Block 18, Plat of Croatan Beach. ADDRESS / DESCRIPTION: A) Property located on the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 611 Vanderbilt Avenue (Lot 21, Block 18, Plat of Croatan Beach). B) Property located on the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 609 Vanderbilt Avenue (Lot 20, Block 18, Plat of Croatan Beach). C) Property located on the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 607 Vanderbilt Avenue (Lot 19, Block 18, Plat of Croatan Beach). GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: A) Adjacent property to the BEACH 375 square feet 65 dB to 70 dB DNL east: 24263838940000 Sub -Area 2 B) Adjacent property to the east: 24263838980000 C) Adjacent property to the east: 24263849030000 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 1 SUMMARY OF REQUEST Each of the three applicants request discontinuance, closure and abandonment of a 7.5 foot wide portion of an unimproved alley adjacent to their respective lots. The applicants will incorporate each right-of-way into their adjoining single-family residential lot. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Portion of an undeveloped alley between residential lots SURROUNDING LAND North: . Single-family dwellings/ R-10 Residential District USE AND ZONING: South: . Single-family dwellings / R-10 Residential District East: . Single-family dwellings / R-10 Residential District West: . Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND Each of the sites do not have any known significant cultural, historical or CULTURAL FEATURES: environmental features. IMPACT ON CITY SERVICES PUBLIC WORKS — STORMWATER MANAGEMENT: A drainage easement must be retained to insure proper drainage through this and adjacent lots. A drainage easement for review and approval by the City of Virginia Beach Public Works Department is to be included on the subdivision plat. WATER and SEWER: Thew a 16 OnGh ..wt. I. ` IGGated :th: the nrenesed Street GIGS Fe WhiGh Will ss will be Fequired within the easement. The developer nPAdr tn hp R&ised Re eRGr49aGhF:neRt6 i.e. cStFUGtai96will he permitter! Within the easement. No objections. PRIVATE UTILITES: The applicant must verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 2 EVALUATION AND RECOMMENDATION The portion of right-of-way proposed for each closure is part of an undeveloped alley that runs north to south along the entire block. Over the years, other street closure requests similar to this request have been granted to homeowners within this area. City Council adopted a policy aimed at disposing of undeveloped rights-of-way to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. The Viewers (comprised of three staff members to review proposed street closures) reviewed each of the three alley closure requests and determined that there is no current or future public need for these three rights-of-way and closure of the right-of-way will not result in any public inconvenience: therefore, they recommend closure of the rights-of-way with a drainage and utility easement for each property. Staff finds that the proposed alley closures should not negatively affect the surrounding community and recommends approval of each of the proposed three alley closure requests with the following conditions. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The applicant shall provide a public drainage easement and publiG utility easemeRt on the final subdivision plat. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 4 7;f 'Alan ; Anc OCEAO S �n�°c c W a r A � U m U gx �3br O v NQ 0aN K�< W a41 k' cd Z i- — n N O m JZ�S � O O �n Z�Z _j y F Q Z N 4' .Sv N Nw ✓� _ , �4mmQ �99mt� 1. .00'DDl Z a° o Q O z Eli b � p O5 ins S� Q � N ; Q 1p1A O pp'001 ; O N F.7 CROATAN ROAD (50' R/W) W1 P v m 00 ALLEY CLOSURE EXHIBIT FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 6 0 m� cd �n _ , P1oI.OS'LOl 3 S 1. .00'DDl n Q ; w 'C pp'001 ; m N Plot)XI01 i .SI Q 001 U m PMl AS'LOl p W1 P v m 00 ALLEY CLOSURE EXHIBIT FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 6 BEACH A. - PAUL A. FILION Map M-8 B. - KAREN & KEITH C. O'NEIL n QTTV n NTXV rnuiv i DnCC # I DATE STREET CLOSURE No Zoning History to report in this vicinity. ZONING HISTORY FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 7 P� F�'—," (o« 'iwr " DISCLOSURE STATEMENT NMV4 F -MM! OMNI a. 0 a V F=4 PQ 11111111111114 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) w k 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) No.e� Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. list the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 011+ 2. List all businesses that have a parent -subsidiary' or affiliated business entiv relationship with the applicant: (Attach list if necessary) ,R' Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No ate' of t If yes, what is the name he official or employee and the nature of their interest? sbeetclowo Apdicew Pape 10 of 11 Revlaed MA7 DISCLOSURE STATEMENT FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 8 (Olt V ft* o Q4%Wr h -C DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) K. S Nv4'fff& ZZ — ^--TAW;" 1%4. sJvTTIAfOr Lidsnfe;.� ;A ZZZ. r__MW2M. PAi9k k e- 5wre ZOiro y��'+►Nr4, Jot Z'�4G2 i S? -487 75rii� ' 'Parent -subsidiary relatlonship' mean's relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2'Affiliated business entity relationship' means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (it) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or them is otherwise a dose working relations hip between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the Iniormadon contained herein is tare and accurate. I understand that, upon rec W of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing aceoMing to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. I I Q. ; ��r,4 z -- pil,) �- 't� - V—� Applicant's Signature Print Name Property Owner's Signature (if different than appfic aM) Print Name S"M aware AppkWw Page 11 of 11 Revised 713107 z 0 H FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 9 u(j,�, if v ZDISCLOSURE STATEMENT N w COD OAPPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list ff necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entlty2 relationship with the applicant (Attach list if necessary) r Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the properly owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below. (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business enW relationship with the applicant., (Attach list if necessary) L9 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 z See next page for footnotes —J Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes_ No If yes, what is the name of the official or employee and the nature of their interest? SVM CIMUM APPHC M Peps 10 of t 1 ReVISM MMI FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal I 'Pauent-subsidiary relationship' means 'a relationship that a Asts when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (wt) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same parson or substantially the some person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Vs. Code § 2.2-3101. CERTIFICATION: I cer* that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ApOlk3WW$ Sigrhature Print Name Property Owner's Signature (if different than applicant) Print Name street Cimuue AA*C8bW Pee 11 of 11 RevhW TrM7 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) WCheck here If the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, oomplete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list ff necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach fist If necessary) C"Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Street Man Apppmlbn Pape 10 of 11 Rav6W 7!3/07 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 12 -&� � 5 . 4 4 ss DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list N necessary) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2.3101. Y "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (11) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities'. there are common or commingled funds or assets, the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. d _ �f->x. �+� ' 6 , ,: i .• 1�� : ? �,,. is l ff. si I1canPs Signature Print Name I Property Owner's Signature (if different than applicant) Print Name Street Closrae ApOftbon Page 11 of 11 ReviW 7/3!07 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 13 - % . rX111. A MION \Ian \LE S. - K.AI2EN & KEITH C. O"NEIL STREETcLOSURE 10 January 12, 2011 Public Hearing APPLICANT / PROPERTY OWNER: A) PAUL A. FILION B) KAREN & KEITH C. O'NEIL C) SUSAN W. & JOHN J. ROSS STAFF PLANNER: Karen Prochilo REQUEST: A) Discontinuance, closure and abandonment of a portion of an alley located adjacent to 611 Vanderbilt Avenue, Lot 21, Block 18, Plat of Croatan Beach. B) Discontinuance, closure and abandonment of a portion of an alley located adjacent to 609 Vanderbilt Avenue, Lot 20, Block 18, Plat of Croatan Beach. C) Discontinuance, closure and abandonment of a portion of an alley located adjacent to 607 Vanderbilt Avenue, Lot 19, Block 18, Plat of Croatan Beach. ADDRESS / DESCRIPTION: A) Property located on the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 611 Vanderbilt Avenue (Lot 21, Block 18, Plat of Croatan Beach). B) Property located on the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 609 Vanderbilt Avenue (Lot 20, Block 18, Plat of Croatan Beach). C) Property located on the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 607 Vanderbilt Avenue (Lot 19, Block 18, Plat of Croatan Beach). GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: A) Adjacent property to the BEACH 375 square feet 65 dB to 70 dB DNL east: 24263838940000 Sub -Area 2 B) Adjacent property to the east: 24263838980000 C) Adjacent property to the east: 24263849030000 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 1 BEACH SUMMARY OF REQUEST Each of the three applicants request discontinuance, closure and abandonment of a 7.5 foot wide portion of an unimproved alley adjacent to their respective lots. The applicants will incorporate each right-of-way into their adjoining single-family residential lot. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Portion of an undeveloped alley between residential lots SURROUNDING LAND North: . Single-family dwellings/ R-10 Residential District USE AND ZONING: South: . Single-family dwellings / R-10 Residential District East: . Single-family dwellings / R-10 Residential District West: . Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND Each of the sites do not have any known significant cultural, historical or CULTURAL FEATURES: environmental features. IMPACT ON CITY SERVICES PUBLIC WORKS — STORMWATER MANAGEMENT: A drainage easement must be retained to insure proper drainage through this and adjacent lots. A drainage easement for review and approval by the City of Virginia Beach Public Works Department is to be included on the subdivision plat. WATER and SEWER: Them ;s a 16 iRGh wateF .atei...e leGated WithiR the nr n _ed 6tFeet Gles m whirh will aGGe66 Will be Fequired within the easement. The developer need6tg be advi6ed no enGroaGhp;eRt i_ tFuGtuFes will hen mitted within the easement. No objections. PRIVATE UTILITES: The applicant must verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 2 EVALUATION AND RECOMMENDATION The portion of right-of-way proposed for each closure is part of an undeveloped alley that runs north to south along the entire block. Over the years, other street closure requests similar to this request have been granted to homeowners within this area. City Council adopted a policy aimed at disposing of undeveloped rights-of-way to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. The Viewers (comprised of three staff members to review proposed street closures) reviewed each of the three alley closure requests and determined that there is no current or future public need for these three rights-of-way and closure of the right-of-way will not result in any public inconvenience: therefore, they recommend closure of the rights-of-way with a drainage and -utility easement for each property. Staff finds that the proposed alley closures should not negatively affect the surrounding community and recommends approval of each of the proposed three alley closure requests with the following conditions. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The applicant shall provide a public drainage easement and publiG utility easement on the final subdivision plat. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 4 AERIAL OF SITE LOCATION FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 5 S ""Wnc 3b '0 F. of � � o X , rES, r Q AN N ggi Ldws g iti 'g�' om 0s �a65 —= N PW1.04'101 3 SiSt.S4 Y �$ uis- i < z N < CI'b h C �Nw 7.W a mm< 9E�m ry-FW 0,0 ~ S F V H il. M 2 _ _ ^ IA [L a or o Z� , F CROATAN ROAD (50' R/W) (CANOLMA AVE. - Y.B. 24 R M ALLEY CLOSURE EXHIBIT FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 6 , rES, 8 iti —= N PW1.04'101 3 SiSt.S4 Y Of i n yy 7.W X001 $ 1�105 ry`p'{ asW V M 2 _ _ ^ (P140.0S'LOl 3 st.9mv x — L , ,00'001 Wo Zg m� �m �' g Q r Zd Q Q 0it 6 a L .00=1 1010i M Sim J Z' .- ^ �n ,OS'LOL ,St,St.SB O w W C t O O WK x� =� Z LL Y a ca a Y (nn Q �U ALLEY CLOSURE EXHIBIT FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 6 BEACH A. - PAUL A. Fl LION Map M-8 B. - KAREN & KEITH C. O'NEIL !-+ OTTV A AT 1V TnuAT T DnQC # I DATE STREET CLOSURE No Zoning History to report in this vicinity. ZONING HISTORY FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 7 Ate. F� %-," (okk JA*tal tl.T Ave DISCLOSURE STATEMENT 1111111111111111114 can C) a V APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ri Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? SVM Cbeum AWlicobw Pepe to of 71 RevWW rrMr DISCLOSURE STATEMENT FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 8 vNi to, --W r 11,•E DISCLOSURE STATEMENT z ADDITIONAL DISCLOSURES 0 List all known contractors or businesses that have or will provide services with respect �y to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 2z7- dguru. PA,9k hg - 45 V% re Z010 yLQ-C►Na► &mtc. k Jar 234CT- 7_17-68'7.7SAa ' 'Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns sharp possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va Code § 2.2.3101. 2'Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ti) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained heroin is true and accurate. I understand that upon —'Pt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the retluired sign on the subject property at least 30 days prior to the scheduled public hearing accoroing to the instructions in this package. The undersigned also consents to entry upon the subject properly by employees of the Department of Phwing to photograph and /view the site for purposes of processing{a�nd evaluating this application. Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name $WOW Cinure Appica&m pa" 1roflt RevkW 71W7 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 9 16"1,4 a, -d- boq vdlb, A/- Ua DISCLOSURE STATEMENT 0000 1=4 PQ COID APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entlty2 relationship with the applicant: (Attach list /f necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from appikent. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following. 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ,3 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footrlotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes_ No If yes, what is the name of the official or employee and the nature of their interest? Stress Cbsun Apotaftn Pape 10 of 11 Revised 713107 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal R beffi Px-amun= ) ATMCiuf�)S Twent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. : "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or oommingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relations hip between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the Information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. i A l nYs Signature Print Name Property Owner's Signature (if different than applicant) Print Name Street Cbswe Appkstm Page I I of 1 f Revised VW z 0 V 0=4 Wp� 6 O V FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 11 6c7 V.- J- b; ( f- 4 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ["Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No 1-11 If yes, what is the name of the official or employee and the nature of their interest? Street CIM" APMft on Pape 10 of 1 t Reviud UM? FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 12 �� -,5-. 4- 9,, C,6 [ V/�.n I., G, 1L a 2 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) /nl I - f i L ♦ 2 Yom' ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (if) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the some offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I oertify that the information contained herein is We and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Iicaneg Signature I Print Name Property Owner's Signature (if different than applicant) Print Name street Closure ApplWatlon Page 11 of 11 Revised 7!3/07 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 13 Item #10A, B, C (A) Paul A. Filion (B) Karen F. & Keith C. O'Neil (C) Susan W. & John J. Ross A. Discontinuance, closure and abandonment Eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 611 Vanderbilt Avenue (Lot 19, Block 18, Plat of Croatan Beach) B. Eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 609 Vanderbilt Avenue (Lot 20, Block 18, Plat of Croatan Beach) C. Eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 607 Vanderbilt Avenue (Lot 21, Block 18, Plat of Croatan Beach) District 6 Beach January 12, 2011 CONSENT A). An application of Paul A. Filion for a discontinuance, closure and abandonment of a portion of an alley located adjacent to 611 Vanderbilt Avenue, Lot 19, Block 18, Plat of Croatan Beach. GPIN: (A) Adjacent property to the east; 24263838940000; B) An application of Karen F. & Keith C. O'Neil for a discontinuance, closure and abandon of portion of an alley located adjacent property to 609 Vanderbilt Avenue, Lot 20, Block 18, Plat of Croatan Beach east; 24263838980000; C) An application of Susan W. & John J. Ross for a discontinuance, closure and abandonment of a portion of an alley located adjacent to 607 Vanderbilt Avenue, Lot 21, Block 18, Plat of Croatan Beach east; 24263849030000. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The applicant shall provide a public drainage easement and publil utility easement on the final subdivision plat. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Item #10 A, B, C Page 2 By a vote of 11-0, the Board approved item 10A, 10B, 10C for consent. Robert Beamon appeared on behalf of each of the applicants. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved item 10A, 10B, 10C for consent. Robert Beamon appeared on behalf of each of the applicants. Val cc `r J 1 ORDINANCE APPROVING APPLICATION OF 2 KEITH C. O'NEIL AND KAREN E. O'NEIL FOR THE 3 CLOSURE OF A PORTION OF THE UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO LOT 20, BLOCK 5 18,609 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, Keith C. O'Neil and Karen E. O'Neil (the "Applicant") applied 8 to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 9 alley discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said alley be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virginia Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described alley be discontinued, closed and vacated, 21 subject to certain conditions being met on or before one (1) year from City Council's 22 adoption of this ordinance: 23 24 All that certain piece or parcel of land situate, lying and being 25 in the City of Virginia Beach, Virginia, designated and 26 described as the 7.50' X 50.00' portion of the hatched area, 27 described as "Indicates Portion Of Alley To Be Closed (1125 28 sq. ft./0.026 acres)", adjacent to Lot 20, in Block 18, Croatan 29 Beach, said lot also identified as "B" and "609", as shown on 30 that certain plat entitled: "PLAT SHOWING PORTION OF 31 15' ALLEY ADJACENT TO LOTS 19, 20 & 21, BLOCK 18 32 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 33 VIRGINIA BEACH, VIRGINIA" Scale: 1" = 50', dated 34 AUGUST 30, 2010, prepared by Gallup Surveyors & 35 Engineers, LTD., a copy of which is attached hereto as 36 Exhibit A. 37 38 39 40 41 42 43 44 GPIN:2426-38-3898-0000 1 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before February 21, 2012, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before February 21, 2012, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 3. In the event the City of Virginia Beach has any interest in the underlying fee, the City Manager or his designee is authorized to execute whatever documents, if any, that may be requested to convey such interest, provided said documents are approved by the City Attorney's Office. a 89 90 91 92 93 94 95 96 97 98 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and KEITH C. O'NEIL and KAREN E. O'NEIL, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2011. CA11662 R-1 February 4, 2011 3 APPROVED AS TO CONTENT: Planning lPbpartment APPROVgD AS TO LEGAL SUFFICIENCY: h � (-) /"& nt-kv� City Attorney Ei H PoM H x W oat ,"E OMAN nc NVE 5 XTU -� -rte 0 0 J 00 O U N r � �O � T 0 I m !� V M Q Na Z En aDo ocv XX¢ Z LL. >- °� W W Q n (n 5 WJZM 0. a¢ 5 o Lu Q J Z N0 n J = JZ�s� .-1 w 0 c0 _jV �FQ °iZNWm a a�-W Qac ��mm< < a O�o ?"'m oO +- 5 N �' s wV 03 CROATAN ROAD (50' R/W) a f� Q - 4 r � �O � x E- o , z I `15 A 03 CROATAN ROAD (50' R/W) (CAROLINA AVE. - M.B. 24 P. 37) 7 I M1 00 M t0 d N N C.7 oZy f S O] N C6 :E N 7 v (P100.09101 3 .99 S4.S8 N 7.50' ,00'00l . L N O C- O S V J S 0 00 a C7 I t0 N O mLLJ �_ w N (PPAOS101 3 .S4,S4.58 N a CN M1 — '1 00'001 v LL)O Upy 93 0) UJ a J Q Q a m °'N Sia .c uQi N w Z N rn, (PloA09101 3 .S4,Sti.SB N m z N a — os t ,00001 '� �' Q N o r o _ Q (� �: N � �1 `Q� 0 0 a (n () m 091 001 . f- ,OD (P101),OS'LOl M .S�,S�.S8 S w M1 m 0 MCC W 0 +� qqIn C) ry �Ew V)js> L a d i 08 a Y�U) Q mU 0 i 0 BEACH -%RXIII. A Iq. IN M.1, \49 B. - KAREN & KEITH C. O'NEIL STREETCLOSURE 10 January 12, 2011 Public Hearing APPLICANT / PROPERTY OWNER: A) PAUL A. FILION B) KAREN & KEITH C. O'NEIL C) SUSAN W. & JOHN J. ROSS STAFF PLANNER: Karen Prochilo REQUEST: A) Discontinuance, closure and abandonment of a portion of an alley located adjacent to 611 Vanderbilt Avenue, Lot 21, Block 18, Plat of Croatan Beach. B) Discontinuance, closure and abandonment of a portion of an alley located adjacent to 609 Vanderbilt Avenue, Lot 20, Block 18, Plat of Croatan Beach. C) Discontinuance, closure and abandonment of a portion of an alley located adjacent to 607 Vanderbilt Avenue, Lot 19, Block 18, Plat of Croatan Beach. ADDRESS / DESCRIPTION: A) Property located on the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 611 Vanderbilt Avenue (Lot 21, Block 18, Plat of Croatan Beach). B) Property located on the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 609 Vanderbilt Avenue (Lot 20, Block 18, Plat of Croatan Beach). C) Property located on the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 607 Vanderbilt Avenue (Lot 19, Block 18, Plat of Croatan Beach). GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: A) Adjacent property to the BEACH 375 square feet 65 dB to 70 dB DNL east: 24263838940000 Sub -Area 2 B) Adjacent property to the east: 24263838980000 C) Adjacent property to the east: 24263849030000 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 1 ('.-ShSAN P'. MN S. ROSS R10 � � t 1 R14— -i RIO { R10, RIO-, m1 M `✓�j A 16tt , �11I Rio.-:� I� RIU,��, ,4 l STREETCLOSURE 10 January 12, 2011 Public Hearing APPLICANT / PROPERTY OWNER: A) PAUL A. FILION B) KAREN & KEITH C. O'NEIL C) SUSAN W. & JOHN J. ROSS STAFF PLANNER: Karen Prochilo REQUEST: A) Discontinuance, closure and abandonment of a portion of an alley located adjacent to 611 Vanderbilt Avenue, Lot 21, Block 18, Plat of Croatan Beach. B) Discontinuance, closure and abandonment of a portion of an alley located adjacent to 609 Vanderbilt Avenue, Lot 20, Block 18, Plat of Croatan Beach. C) Discontinuance, closure and abandonment of a portion of an alley located adjacent to 607 Vanderbilt Avenue, Lot 19, Block 18, Plat of Croatan Beach. ADDRESS / DESCRIPTION: A) Property located on the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 611 Vanderbilt Avenue (Lot 21, Block 18, Plat of Croatan Beach). B) Property located on the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 609 Vanderbilt Avenue (Lot 20, Block 18, Plat of Croatan Beach). C) Property located on the eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 607 Vanderbilt Avenue (Lot 19, Block 18, Plat of Croatan Beach). GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: A) Adjacent property to the BEACH 375 square feet 65 dB to 70 dB DNL east: 24263838940000 Sub -Area 2 B) Adjacent property to the east: 24263838980000 C) Adjacent property to the east: 24263849030000 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 1 SUMMARY OF REQUEST Each of the three applicants request discontinuance, closure and abandonment of a 7.5 foot wide portion of an unimproved alley adjacent to their respective lots. The applicants will incorporate each right-of-way into their adjoining single-family residential lot. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Portion of an undeveloped alley between residential lots SURROUNDING LAND North: . Single-family dwellings/ R-10 Residential District USE AND ZONING: South: . Single-family dwellings/ R-10 Residential District East: . Single-family dwellings / R-10 Residential District West: . Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND Each of the sites do not have any known significant cultural, historical or CULTURAL FEATURES: environmental features. IMPACT ON CITY SERVICES PUBLIC WORKS — STORMWATER MANAGEMENT: A drainage easement must be retained to insure proper drainage through this and adjacent lots. A drainage easement for review and approval by the City of Virginia Beach Public Works Department is to be included on the subdivision plat. WATER and SEWER: GtFUGtUpes will be peFFAitte.d WithiR the easement- No objections. PRIVATE UTILITES: The applicant must verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 2 EVALUATION AND RECOMMENDATION The portion of right-of-way proposed for each closure is part of an undeveloped alley that runs north to south along the entire block. Over the years, other street closure requests similar to this request have been granted to homeowners within this area. City Council adopted a policy aimed at disposing of undeveloped rights-of-way to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. The Viewers (comprised of three staff members to review proposed street closures) reviewed each of the three alley closure requests and determined that there is no current or future public need for these three rights-of-way and closure of the right-of-way will not result in any public inconvenience: therefore, they recommend closure of the rights-of-way with a drainage and unity easement for each property. Staff finds that the proposed alley closures should not negatively affect the surrounding community and recommends approval of each of the proposed three alley closure requests with the following conditions. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The applicant shall provide a public drainage easement and PUbliG utility easement on the final subdivision plat. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 4 AERIAL OF SITE LOCATION FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 5 A A�nc �N 5 AnJ�°C AE W ' " o n r t Y A� gg iy�j o VN 3bYo Ams �1 Q Q z om o p1s� �iZ3 Q7> Q N W w ~s1A vN �F`�M< a o�s0 g l?IIA O F 4 .� A � F � O yr CROATAN ROAD (50' R/W) X03 (CAWMA AVE. - Y.B. 24 K 37) _ mA P7o7.O9101 3 S1 Sf.SQ k � i 7.W 00'001 R _ � O coo 00 N W Iri _ _ (PlW).OS'LOl 3 .Sf,S►.SB n a � L m ,00'00! II� 'M 8 W Q� �wZ r Q 0IL H .OS ,00'OOl a N LL so z� x to W O = D arca a Y tf Q mU ALLEY CLOSURE EXHIBIT FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 6 BEACH A. - PAUL A. FTLION Map M-8 B. - K-AREN & KEITH C. O'NEIL T STREET CLOSURE # DATE REQUEST ACTION No Zoning History to report in this vicinity. ZONING HISTORY FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 7 per. F� %-,04 .� DISCLOSURE STATEMENT O FEN4 PQ F11111111111111 COD aAPPLICANT DISCLOSURE �■■ j If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 1-4 • 2. List all businesses that have a parent -subsidiary' or affiliated business entityrz relationship with the applicant: (Attach list if necessary) _ Nous Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is drl Brent from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N�k jr( Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Street clwwe Appwbw Pepe 10 a t t rt.vaea MAT DISCLOSURE STATEMENT FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 8 Cola Vft* ,C"%V1 ME DISCLOSURE STATEMENT 4 ADDITIONAL DISCLOSURES 0 List all known contractors or businesses that have or will provide services with respect �y to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing mora than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va Code § 2.2-3101. i "Affiliated business entity relationship' means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (H) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entices. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand OWt. upon rept Of not ion (postcard) that the application has been scheduled for public hewing. l am responsible for obtaining and posting the required sign on the subject property at Waist 30 days prior to the scheduled pubic Fearing according to the instructions in this package. The undersigned also consents to entry upon the sutrjact property by employees of the Department of Plaming to photograph and view the site for purposes of processing and evaluating this application. P Appiarnrs Signature Print Name Property Owner's Signature (if different than applicant) Print Name SkIW CIMM Apprafm Page 11 of 11 RrAsed 7/3107 1=014 PQ cin FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 9 /(vim 0"- boq vdb, �f v DISCLOSURE STATEMENT 11111111= can 0 V w COD APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entlW relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is dn*rent from applicant. if the property owner is a corporation, partnership, fine, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) l9 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footrwtes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No of t If yes, what is the name he official or employee and the nature of their interest? SnM Omura App(kOm Pape 10 of 11 PA Whad 7/=7 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (bb) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be con sidered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 certify that the klforrrlstion contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hexing, I am responsible for obtaining and posting the required sign an the subject property at least 30 days prior to the scheduled public hearing according to the instruction in this package. The undersigned also kine is to entry upon the subject property by employees of the Department of Planning to photograph and vie/1 w/ the site for purposes of processiinng and evaluating this application. s Signature Print Name Property Owner's Signature (if different than applicant) Print Name Street Cimurn AppkeWn Pae* 11 of 11 RoviwW VM7 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 11 ZDISCLOSURE STATEMENT v APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) W'Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) QKChecic here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? street Gbeure AppiiCOM Pepe 10 of 11 Revised 7&07 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 12 ��„ .5 - 4o s,s 6, 0 7 �J, .J., G, 1 1- K z DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) _ / % I c . t F -- "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (H) a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. _ � Y licenrs Signature I Print Name Property Owner's Signature (if different then applicant) Print Name Street Clowm nppift6 n Page 11 of 11 Revised 7/3107 FILION - O'NEIL - ROSS Agenda Items 10 A, B & C Page 13 Item #10A, B, C (A) Paul A. Filion (B) Karen F. & Keith C. O'Neil (C) Susan W. & John J. Ross A. Discontinuance, closure and abandonment Eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 611 Vanderbilt Avenue (Lot 19, Block 18, Plat of Croatan Beach) B. Eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 609 Vanderbilt Avenue (Lot 20, Block 18, Plat of Croatan Beach) C. Eastern 7.5 feet of a 15 feet wide unnamed, unimproved alley adjacent to the rear property line of 607 Vanderbilt Avenue (Lot 21, Block 18, Plat of Croatan Beach) District 6 Beach January 12, 2011 CONSENT A). An application of Paul A. Filion for a discontinuance, closure and abandonment of a portion of an alley located adjacent to 611 Vanderbilt Avenue, Lot 19, Block 18, Plat of Croatan Beach. GPIN: (A) Adjacent property to the east; 24263838940000; B) An application of Karen F. & Keith C. O'Neil for a discontinuance, closure and abandon of portion of an alley located adjacent property to 609 Vanderbilt Avenue, Lot 20, Block 18, Plat of Croatan Beach east; 24263838980000; C) An application of Susan W. & John J. Ross for a discontinuance, closure and abandonment of a portion of an alley located adjacent to 607 Vanderbilt Avenue, Lot 21, Block 18, Plat of Croatan Beach east; 24263849030000. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The applicant shall provide a public drainage easement and public utility easement on the final subdivision plat. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Item #10 A, B, C Page 2 AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 0 By a vote of 11-0, the Board approved item 10A, 10B, 10C for consent. Robert Beamon appeared on behalf of each of the applicants. ladoddioppPR-11, s A� Ave t) OIL C4 j0- 1 ORDINANCE APPROVING APPLICATION OF PAUL 2 A. FILION FOR THE CLOSURE OF A PORTION OF 3 THE UNIMPROVED, UNNAMED ALLEY ADJACENT 4 TO LOT 19, BLOCK 18, 611 VANDERBILT AVENUE 5 IN CROATAN 6 7 WHEREAS, Paul A. Filion (the "Applicant") applied to the Council of the 8 City of Virginia Beach, Virginia, to have the hereinafter described alley discontinued, 9 closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said alley be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virginia Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described alley be discontinued, closed and vacated, 21 subject to certain conditions being met on or before one (1) year from City Council's 22 adoption of this ordinance: 23 24 All that certain piece or parcel of land situate, lying and being 25 in the City of Virginia Beach, Virginia, designated and 26 described as the 7.50' X 50.00' portion of the hatched area, 27 described as "Indicates Portion Of Alley To Be Closed (1125 28 sq. ft./0.026 acres)", adjacent to Lot 19, in Block 18, Croatan 29 Beach, said lot also identified as "A" and "611 ", as shown on 30 that certain plat entitled: "PLAT SHOWING PORTION OF 31 15' ALLEY ADJACENT TO LOTS 19, 20 & 21, BLOCK 18 32 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 33 VIRGINIA BEACH, VIRGINIA" Scale: 1" = 50', dated 34 AUGUST 30, 2010, prepared by Gallup Surveyors & 35 Engineers, LTD., a copy of which is attached hereto as 36 Exhibit A. 37 38 39 40 41 42 43 44 GPIN:2426-38-3894-0000 1 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right -of - 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before February 21, 79 2012, this Ordinance will be deemed null and void without further action by the City 80 Council. 81 82 2. If all conditions are met on or before February 21, 2012, the date of 83 final closure is the date the street closure ordinance is recorded by the City Attorney. 84 85 3. In the event the City of Virginia Beach has any interest in the 86 underlying fee, the City Manager or his designee is authorized to execute whatever 87 documents, if any, that may be requested to convey such interest, provided said 88 documents are approved by the City Attorney's Office. E 90 SECTION IV 91 92 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 93 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 94 OF VIRGINIA BEACH as "Grantor" and PAUL A. FILION, as "Grantee." 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this 97 day of , 2011. CA11663 R-1 February 4, 2011 3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r. City Attorney �pN •(1C An pN 5 A�NT1 U 0 3wo b�N� a; 2 F� O 1Q a� U 0 a U N CROATAN ROAD (500 R/W) (CAROLINA AVE. - H. 24 P. 37) 00 O ou M m 01 U � 0 mU M N N d Z� N Q _ Z En O� (rt (� yq W Q 53, W Q S Ix WJZM Z O LLI O W N O aZa�� zwoo �z0 gs� _j C14 Z LLI V? F Q a' N mLAJ QOir) a.- FN-�mmq oQ ppm M- CL Q 0 OZ f— O :) m N H 5 n s LLi d N Z N' 2-5013 CU Q r. 0 8 Ito 53 7 d � N Q CROATAN ROAD (500 R/W) (CAROLINA AVE. - H. 24 P. 37) N N zc Os C = 0 O wad 06 Y C1� M m CL 1 cn I ou M m 01 M 6 N d Z� 8 C _ N N M tp p S N m t. (ID101 ,0S•L0l 3 .9t.0.99 N r 7.50',00'041 .1 U d N Z N' 2-5013 of tN� 9 M " r. 0 8 Ito 53 O 00 Q N W m �_ "' N (W1o1),OS'LOl 3 ,St Sb.Sa N n r L 00'001 Z YS `6_ M N 1—, I' ^- m �NiS9MfJ Q / QO ' L 1 W M Q m cli o � N 4 9 ,t) b pp iA ql: w C N OD10 ),OS•L01 3 ,stsb.sa N r m Q _ M N QS'L ,00'001 Off N Q 0r/ p t +�/�. 25� p Ito 9 U m `o �Ty�{M•• S ,OS L ,QO OO I N J � M (wa�1),os•Lol rh .sb,stsa s �Q Y3 i w N m �N NV —co N I Q pz U c >. � w 10 N Z Q 5 F?PD N N zc Os C = 0 O wad 06 Y C1� M m CL 1 cn I r_ L. 9 A EL OI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHURCH OF CHRIST / EMMANUEL E. HENRY, Conditional Use Permit, religious use - church, 404 S. Parliament Suite 101 & 102 Drive (GPIN 1466592346). KEMPSVILLE DISTRICT. MEETING DATE: February 22, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow a religious use within two suites (896 square feet) of an existing office building. The applicant's representative indicates that the church occupied the space since 2008 and was unaware of the requirement for a Conditional Use Permit. Religious services are held on Sunday from 10:00 a.m. to 1:30 p.m. and from 5:00 p.m. to 7:00 p.m. Tuesday night bible study is from 7:30 p.m. to 9:30 p.m. The church has 13 members. Twenty-two parking spaces are provided south of the building and there is a 30 - foot non-exclusive easement for ingress and egress to allow access to this site from the property to the south. A variance to reduce the required parking by six parking spaces was approved on July 3, 1992. At that time 27 parking spaces were required by zoning and the variance reduced the required parking spaces down to 21 spaces. ■ Considerations: The church is compatible with other commercial and religious uses within the building and is not expected to negatively impact any neighboring properties. The Zoning Ordinance requires three spaces for a church with 13 seats. The site plan depicts 22 spaces. Two uses within the building are in operation on Sundays and no other uses are in operation during evening hours when this church has weekday evening service. The proposed Church of Christ and another church (Faith of Deliverance) operate on Sunday and, according to City Code, these uses combined require five parking spaces. On Tuesday and Thursday evenings, after 7:30 p.m., only the proposed Church of Christ is in operation. There would be a parking concern if all the uses within the building were operating at the same time; however, the uses within this building operate at CHURCH OF CHRIST/EMMANUEL E. HENRY Page 2of2 varying times. When hours of operation are taken into consideration, as is customary when considering and evaluating religious uses, at no one given time will the parking requirements for uses in operation exceed parking requirements established by the City's Zoning Ordinance. Overall, religious uses are typically found within our suburban neighborhoods and are consistent with the Comprehensive Plan's land use policies for this area. Staff, therefore, recommends approval of this request with the following conditions. 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: There shall be no more than 20 individuals, or the number of individuals approved by the building and Fire Marshal, whichever is less, attending any one given service. 2. Weekday services shall operate between 6:30 p.m. and 12:00 midnight. 3. No services shall be permitted on Saturday between 6:00 a.m. and 6:30 p.m. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official within 90 days of approval of this Use Permit. 5. This Conditional Use Permit is valid for three years from the date of adoption by Virginia Beach City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department, �v City Manager. , 1� AEN/PS F7LLE "`°P ° R Church of Christ Ma No: ! ak 82 k 7 B2 , B2 \�� CUP- Religious Use M-N6roNulx � REQUEST: Conditional Use Permit (religious use) 13 January 12, 2011 Public Hearing APPLICANT: CHURCH OF CHRIST PROPERTY OWNER: EMMANUEL E. HENRY STAFF PLANNER: Leslie Bonilla ADDRESS / DESCRIPTION: 404 S. Parliament Drive, Suites 100 and 101 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14665923460000 KEMPSVILLE 12,021 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a religious use within two suites of an existing 9,000 square foot office building. The total lease space for the church is 896 square feet. The applicant's representative indicates that the church occupied the space since 2008 and was unaware of the requirement for a Conditional Use Permit. Religious services are held on Sunday from 10:00 a.m. to 1:30 p.m. and from 5:00 p.m. to 7:00 p.m. Tuesday night bible study is from 7:30 p.m. to 9:30 p.m. The church has 13 members. The existing building is situated along the northern property line. Twenty-two parking spaces are provided south of the building and there is a 30 -foot non-exclusive easement for ingress and egress to allow access to this site from the property to the south. A variance to reduce the required parking by six parking spaces was approved on July 3, 1992. At that time 27 parking spaces were required by zoning and the variance reduced the required parking spaces down to 21 spaces. CHURCH OF CHRIST / EMMANUEL E. HENRY Agenda Item 13 Page 1 APPLICATION HISTORY: After hearing the application on December 8, 2010, Planning Commission deferred this application for 30 days in order to allow the applicant additional time to work with surrounding businesses and establish a parking agreement. The property owner of this site has contacted and obtained written permission from Wachovia Bank located at 5284 Princess Anne Road will allow customers visiting 404 S. Parliament Drive to use eight of their parking spaces on Saturday. Wachovia Bank is not open on Saturday; therefore there should be sufficient parking available either on-site or off- site to accommodate all uses within the building in accordance to the City's Zoning Ordinance. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office building with associated parking SURROUNDING LAND North: . Bank / B-2 Community Business District USE AND ZONING: South: . Retail center/ B-2 Community Business District East: . Bank and retail establishments / B-2 Community Business District West: . S. Parliament Drive • Across S. Parliament Drive are single-family homes / R-7.5 Residential District • Across S. Parliament Drive are offices and a gas station / 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 designates the subject property as being in the Suburban Area. The general planning policies for this area reinforce the suburban characteristics of our stable neighborhoods, including non-residential areas that make up the Suburban Area. These policies call for new uses to either maintain or enhancing the existing area, have a high quality and attractiveness of site and buildings, and be compatible with residential uses in respect to the type, size, and intensity of the proposed use. (pp. 3-1, 3-2) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Parliament Drive is a two-lane local street. It does not appear on the Master Transportation Plan Map and there are no CIP projects on it. CHURCH OF CHRIST / EMMANUEL E. HENRY Agenda Iten) 13 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic REQUIRED South Parliament Unknown 9,900 ADT (Level of Existing Land Use — 36 AREA SF Drive 30D-101 Service "D") Weekday ADT; 10 Sunday Religious (1/5 seats) 896 3 ADT Tu & Th (7:30p 9:30p) Proposed Land Use 3-10 Dentist Office Mon -Fri (9a -5p) Office (1/270sf) 448 Weekday ADT: 32 Sunday 102B Barber Shop Mon -Fri (10a — 5:30p); Personal Service ADT Average Daily Trips s as defined by 896 square feet of general office 3 as defined by 896 square feet of religious use WATER & SEWER: This site currently connects to City water and sanitary sewer. EVALUATION AND RECOMMENDATION The church is compatible with other commercial and religious uses within the building and is not expected to negatively impact any neighboring properties. The Zoning Ordinance requires three spaces for a church with 13 seats. The site plan depicts 22 spaces. Based on the fact that the proposed church has peak operational hours different from traditional business hours, staff finds that the site's 22 parking spaces are sufficient for this use, the commercial, and the other churches within the center. It should be noted that there are only two uses within the building that are in operation on Sundays and no other uses are in operation during evening hours when this church has weekday evening service. The proposed Church of Christ and another church (Faith of Deliverance) operate on Sunday and, according to City Code, these uses combined require five parking spaces. On Tuesday and Thursday evenings, after 7:30 p.m., only the proposed Church of Christ is in operation. A table is provided below with detailed information regarding parking requirements, hours of operation, and square footage of each use within the building. TABLE 1: DETAILED DESCRIPTION OF USES IN BUILDING SUITE BUSINESS HOURS USE CLASSIFICATION / LEASABLE REQUIRED PARKING REQUIREMENT AREA SF SPACES 30D-101 Church of Christ Su (10a -1:30p & Sp -7p); Religious (1/5 seats) 896 3 Tu & Th (7:30p 9:30p) 102A Dentist Office Mon -Fri (9a -5p) Office (1/270sf) 448 2 102B Barber Shop Mon -Fri (10a — 5:30p); Personal Service 448 2 Sat 9a-3:3 1/200sf 103 Tea Shop Tues -Sat (9a-5:30 Restaurant 1/10Dsf) 896 9 104A-3048 Alteration Shop Mon -Fri (9a -5:30p) Personal Service 896 4 (1/200sf) 201-202 Tidewater Seven Day Sat (9a -3p); Wed Religious (1/5 seats) 1870 9 Adventist Church (6:30p -8p); Fri (6:30p- 7:30 203 Faith for Deliverance Sun (9a -1p); Religious (1/5 seats) 550 2 Wed & Fri 7p 8:30p) 204 Barber Shop Tues -Sat (10a -6p) Personal service 1050 5 (1/200sf) CHURCH OF CHRIST / EMMANUEL E. HENRY Agenda Item 13 Page 3 There would be a parking concern if all the uses within the building were operating at the same time; however, the uses within this building operate at varying times. When hours of operation are taken into consideration, as is customary when considering and evaluating religious uses, at no one given time will the parking requirements for uses in operation exceed parking requirements established by the City's Zoning Ordinance. In addition, the proposed religious use is typically found within our suburban neighborhoods and is consistent with the Comprehensive Plan's land use policies for this area. Staff, therefore, recommends approval of this request with the following conditions. CONDITIONS 1. There shall be no more than 20 individuals, or the number of individuals approved by the building and Fire Marshal, whichever is less, attending any one given service. 2. Weekday services shall operate between 6:30 p.m. and 12:00 midnight. 3. No services shall be permitted on Saturday between 6:00 a.m. and 6:30 p.m. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official within 90 days of approval of this Use Permit. 5. This Conditional Use Permit is valid for three years from the date of adoption by Virginia Beach City Council. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CHURCH OF CHRIST / EMMANUEL E. HENRY Agenda Iten) 13 Page 4 4 y A-N o 9014 NE_ Q TM 18 TO CIRTDY TEAT 1. ON DSC. 4. MW S(1RVSYSD TU PROPERTY SUM D ON AND TW TU MW W= AND MIWAL DUWVZ U ARE AS BNORN MIME. THS II9PBOVUMU STAND BTWCUX WMW T= TMX LUM AND TSSRS An NO imm- ! Ot OTHZE NUUUNGS ZXCSPT AS =OWN. SWNXDtilGJio== NOE : 1) U# PW6 M IIOIN HOW= APPEMS 10 LE N 'IP FLOOD ZONE (ATEA TO F O K DAM MAP N6156.71�D SO A ) A00 _0IIOMOfl" i) 1MY5 WA VLY WAS PEI F MM VARK T IM SUM OF A I= RUMMT, AND MAY NOT SM MVIALL EASWO" A"WgND 1W PAOPFM PEARcm A 3 PARCEL 8 v 1 L� N� .$ t PHYSICAL SURVEY OF PART OF PARCEL A-3 SUBDDASION OF PARCEL A ON THE PLAT OF RESUBDIVISION OF LOTS 16-23, BLOCK GG; LOTS 14-17, BLOCK DO; t, LOTS 1-13, BLOCK P; LOTS 1-13, BLOCK 68 do st d LOTS 1-15, BLOCK CC CAROLANNE FARM OF SECTION FIVE PAPR� KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA l.r M FOR EMANUEL HENRY lo p SOUTH PARLIAMENT QRlVF i30' RIS p N I l CAM DEC. 4, 2= O1 mMrr M PLATT SM A MAL" NA01i VA. �'�,a-4-06& :SW;4V'�L LdND sc>o>P.C. YSS6 GRAM STSSS! NORIOLZ, VMW= 2.160' MANN ft DA 767-480-1250 PIq,ZCT N0. am, 7$7164 L PHYSICAL SURVEY CHURCH OF CHRIST / EMMANUEL E. HENRY Agenda Item 13 Page 6 PHOTOGRAPH OF BUILDING CHURCH OF CHRIST / EMMANUEL E. HENRY Agenda Item 13 Page 7 KEMPS 117LLE Nlap D-8 Church of Chrisl L v 7 - fi - oq � / v �r y P� 2 2 d Zoning with Conditions Proffers, Open Space Promotion or PDN -2 Overlays W - HistoricalKempsvige Overlay CUP- Religious Use # DATE REQUEST APPLICANT ACTION 1 02/28/1972 Use Permit (350 seat Terahp Ltd. Granted theater 2 11/23/2004 Use Permit (religious use) St. James Missionary Church Granted 12/11/2001 Use Permit (religious use) St. James Missionary Church Granted 02/13/2001 Use Permit (religious use) United Pentecostal Church of Granted Virginia Beach 05/25/1993 Use Permit (religious use Vineyard Christian Fellowship Granted 3 05/27/1997 Rezoning (R-7.5 & B-2 to Zimmer Development Co. of Granted Conditional B-1) VA, LP. ZONING ASTORY CHURCH OF CHRIST / EMMANUEL E. HENRY Agenda Item, 13 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) . 2. List all businesses that have a parent -subsidiary' or affi relatignslp frith the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relatigAppip with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, fine, business, or other unincorporated organization. 8 2See next page for footnotes Does an official or employee ofthe Virginia Beach have an interest in the subject land? Yes No :Cligr of / If yes, what is the name of the official or employee and the nature of their interest? conditional Use Permit Application Page 9 of 10 Revised 7x&2007 DISCLOSURE STATEMENT CHURCH OF CHRIST / EMMANUEL E. HENRY Agenda Item 13 Page 9 DISCLOSURE STATEMENT C> ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial servi accounting services, and legal services: (Attach list if necessary) .A 1 /� ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applica 1,Ye Print Nanye �N'�''-'''�— G—i�l� is7.s�.�e�tic L• Gam'• /�`L�[. Property Owner's Signature (if Print Name Conditional Use Permit Application Page 10 Of 10 Revised 7!312007 DISCLOSURE STATEMENT CHURCH OF CHRIST / EMMANUEL E. HENRY Agenda Item 13 Page 10 Item #13 Church of Christ Conditional Use Permit 404 S. Parliament Drive, Suites 100 and 101 District 2 Kempsville January 12, 2011 CONSENT An application of Church of Christ for a Conditional Use Permit (religious uses) on property located at 404 S. Parliament Drive, Suites 100 & 101, District 2, Kempsville. GPIN: 14665923460000. CONDITIONS 1. There shall be no more than 20 individuals, or the number of individuals approved by the building and Fire Marshal, whichever is less, attending any one given service. 2. Weekday services shall operate between 6:30 p.m. and 12:00 midnight. 3. No services shall be permitted on Saturday between 6:00 a.m. and 6:30 p.m. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy FOR THE Change of Use from the Building Official within 90 days of approval of this Use Permit. 5. This Conditional Use Permit is valid for three years from the date of adoption by Virginia Beach City Council. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. By a vote of 11-0, the Board approved item 13 for consent. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved item 13 for consent. 0 I • I I, . , _' .- y.I W-A� � /, / ,Z) Lty""yJ� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FAITH FOR DELIVERANCE / EMMANUEL E. HENRY, Conditional Use Permit, religious use - church, 404 S. Parliament Drive (GPIN 1466592346). KEMPSVILLE DISTRICT. MEETING DATE: February 22, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow a religious use within a suite (550 square feet) of an existing office building. Religious services are held on Sunday from 9:30 a.m. to 1:00 p.m., Wednesday from 7:00 p.m. to 8:30 p.m., and occasionally Friday from 7:00 p.m. to 8:30 p.m. The church has 7 members, however, nine seats are provided within the sanctuary. Twenty-two parking spaces are provided south of the building and there is a 30 - foot non-exclusive easement for ingress and egress to allow access to this site from the property to the south. A variance to reduce the required parking by six parking spaces was approved on July 3, 1992. At that time, 27 parking spaces were required by zoning and the variance reduced the required parking spaces down to 21 spaces. ■ Considerations: The church is compatible with other commercial and religious uses within the building and is not expected to negatively impact any neighboring properties. The Zoning Ordinance requires two spaces for a church with nine seats. The site plan depicts 22 spaces. Two uses within the building are in operation on Sundays and during evening hours when this church has evening service. The proposed Faith of Deliverance Church and another church (Church of Christ) operate on Sunday and, according to City Code, these uses combined require five parking spaces. On Wednesday and Friday evenings, after 6:30 p.m., only the proposed Faith of Deliverance church and another church (Tidewater 7th Day Adventist Church) are in operation and, according to City Code, these uses require 11 parking spaces. There would be a parking concern if all the uses within the building were operating at the same time; however, the uses within this building operate at varying times. When hours of operation are taken into consideration, as is FAITH FOR DELIVERANCE/EMMANUEL E. HENRY Page 2of2 customary when considering and evaluating religious uses, at no one given time will the parking requirements for uses in operation exceed parking requirements established by the City's Zoning Ordinance. Overall, religious uses are typically found and are consistent with the Comprehensive Staff, therefore, recommends approval conditions. There was no opposition to the request. within our suburban neighborhoods Plan's land use policies for this area. of this request with the following ■ 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. There shall be no more than 10 individuals, or the number of individuals approved by the building and Fire Marshal, whichever is less, attending any one given service. 2. Weekday services shall operate between 6:30 p.m. and 12:00 midnight. 3. No services shall be permitted on Saturday between 6:00 a.m. and 6:30 p.m. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official within 90 days of approval of this Use Permit. 5. This Conditional Use Permit is valid for three years from the date of adoption by Virginia Beach City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department kri City Manager: �'�, KEMPS17LLE rich" Faith for Deliverance or.. CUP - Religious Use roc. nen«wiR.M.dr ower REQUEST: Conditional Use Permit (religious use) ADDRESS / DESCRIPTION: 404 S. Parliament, Suite 203 14 January 12, 2011 Public Hearing APPLICANT: FAITH FOR DELIVERANCE PROPERTY OWNER: EMMANUEL E. HENRY STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14665923460000 KEMPSVILLE 12,021 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a religious use within a suite of an existing 9,000 square foot office building. The lease space for the church is approximately 550 square feet. Religious services are held on Sunday from 9:30 a.m. to 1:00 p.m., Wednesday from 7:00 p.m. to 8:30 p.m., and occasionally Friday from 7:00 p.m. to 8:30 p.m. The church has 7 members, however, nine seats are provided within the sanctuary as shown on the submitted floor plan. The existing building is situated along the northern property line. Twenty-two parking spaces are provided south of the building and there is a 30 -foot non-exclusive easement for ingress and egress to allow access to this site from the property to the south. A variance to reduce the required parking by six parking spaces was approved on July 3, 1992. At that time, 27 parking spaces were required by zoning and the variance reduced the required parking spaces down to 21 spaces. FAITH FOR DELIVERANCE / EMMANUEL E. HENRY Agenda Item 14 Page 1 APPLICATION HISTORY: After hearing the application on December 8, 2010, Planning Commission deferred this application for 30 days in order to allow the applicant additional time to work with surrounding businesses and establish a parking agreement. The property owner of this site has contacted and obtained written permission from Wachovia Bank located at 5284 Princess Anne Road will allow customers visiting 404 S. Parliament Drive to use eight of their parking spaces on Saturday. Wachovia Bank is not open on Saturday; therefore there should be sufficient parking available either on-site or off- site to accommodate all uses within the building in accordance to the City's Zoning Ordinance. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office building with associated parking SURROUNDING LAND North: . Bank / B-2 Community Business District USE AND ZONING: South: . Retail center / B-2 Community Business District East: . Bank and retail establishments / B-2 Community Business District West: . S. Parliament Drive Across S. Parliament Drive are single-family homes / R-7.5 Residential District Across S. Parliament Drive are offices and a gas station / 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 designates the subject property as being in the Suburban Area. The general planning policies for this area reinforce the suburban characteristics of our stable neighborhoods, including non-residential areas that make up the Suburban Area. These policies call for new uses to either maintain or enhancing the existing area, have a high quality and attractiveness of site and buildings, and be compatible with residential uses in respect to the type, size, and intensity of the proposed use. (pp. 3-1, 3-2) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Parliament Drive is a two-lane local street. It does not appear on the Master Transportation Plan Map and there are no CIP projects on it. FAITH FOR DELIVERANCE / EMMAN6E' L E. HENRY Agenda Item 14 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic REQUIRED South Parliament Unknown 9,900 ADT (Level of Existing Land Use — 24 AREAS Drive 1OD-101 Service "D") Weekday ADT; 10 Sunday Religious (1/5 seats) 896 3 ADT Tu & Th (7:30p -9:30p) Proposed Land Use 3— 10 Dentist Office Mon -Fri 9a-5 Office 1/27 448 Weekday ADT; 20 Sunday 102B Barber Shop Mon -Fri (10a — 5:30p); Personal Service ADT Average Daily Trips 2 as defined by a 550 square foot general office building 3 as defined by a 550 square foot church WATER & SEWER: This site currently connects to City water and sanitary sewer. EVALUATION AND RECOMMENDATION The church is compatible with other commercial and religious uses within the building and is not expected to negatively impact any neighboring properties. The Zoning Ordinance requires two spaces for a church with nine seats. The site plan depicts 22 spaces. Based on the fact that the proposed church has peak operational hours different from traditional business hours, staff finds that the site's 22 parking spaces are sufficient for this use, the commercial, and the other churches within the center. It should be noted that there are only two uses within the building that are in operation on Sundays and during evening hours when this church has evening service. The proposed Faith of Deliverance Church and another church (Church of Christ) operate on Sunday and, according to City Code, these uses combined require five parking spaces. On Wednesday and Friday evenings, after 6:30 p.m., only the proposed Faith of Deliverance church and another church (Tidewater 7th Day Adventist Church) are in operation and, according to City Code, these uses require 11 parking spaces. A table is provided below with detailed information regarding parking requirements, hours of operation, and square footage of each use within the building. TABLE 1 - DETAILED DESCRIPTION OF USES IN BUILDING FAITH FOR DELIVERANCE / EMMANUEL E. HENRY Agenda Item 14 Page 3 USE CLASSIFICATION / LEASABLE REQUIRED SUITE BUSINESS HOURS PARKING REQUIREMENT AREAS SPACES 1OD-101 Church of Christ Su (10a -1:30p & 5p -7p); Religious (1/5 seats) 896 3 Tu & Th (7:30p -9:30p) 102A Dentist Office Mon -Fri 9a-5 Office 1/27 448 2 102B Barber Shop Mon -Fri (10a — 5:30p); Personal Service 448 2 Sat (9a -3:30p) (1/200sf) 103 Tea Shop Tues -Sat (9a -5:30p) Restaurant (1/100sf) 896 9 104A -104B Alteration Shop Mon -Fri (9a -5:30p) Personal Service 896 4 (1/200sfl 201-202 Tidewater Seven Day Sat (9a -3p); Wed Religious (1/5 seats) 1870 9 Adventist Church (6:30p -8p); Fri (6:30p- 7:30 203 Faith for Deliverance Sun (9a -1p); Religious (1/5 seats) 550 2 Wed & Fri (7p -8:30p) 204 Barber Shop Tues -Sat (10a -6p) Personal service 1050 5 (1/200sf) FAITH FOR DELIVERANCE / EMMANUEL E. HENRY Agenda Item 14 Page 3 There would be a parking concern if all the uses within the building were operating at the same time; however, the uses within this building operate at varying times. When hours of operation are taken into consideration, as is customary when considering and evaluating religious uses, at no one given time will the parking requirements for uses in operation exceed parking requirements established by the City's Zoning Ordinance. In addition, the proposed religious use is typically found within our suburban neighborhoods and is consistent with the Comprehensive Plan's land use policies for this area. Staff, therefore, recommends approval of this request with the following conditions. CONDITIONS 1. There shall be no more than 10 individuals, or the number of individuals approved by the building and Fire Marshal, whichever is less, attending any one given service. 2. Weekday services shall operate between 6:30 p.m. and 12:00 midnight. 3. No services shall be permitted on Saturday between 6:00 a.m. and 6:30 p.m. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official within 90 days of approval of this Use Permit. 5. This Conditional Use Permit is valid for three years from the date of adoption by Virginia Beach City Council. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. FAITH FOR DELIVERANCE / EMMANUEL E HENRY Agenda Itern 14 Page 4 If, AERIAL OF SITE LOCATION FAITH FOR DELIVERANCE / EMMANUEL E. HENRY Agenda Item 14 Page 5 THIS IS TO CERTIFY THAT I, ON DEC. 4, 2006, SURVEYED THE PROPERTY SHOWN HEREON AND THAT THE TITLE LUM AND PHYSICAL UIPROVBIMM ARE AS SHOWN HEREON. THE IMPROVEMENTS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACSME�N OF OTHER BUILDINGS EXCEPT AS SHORN. SIGNED: NOTES: 1) THE PROPERTY SHOWN HEREON APPEARS TO UE W -x- FLOOD ZONE (AREA DETERMINED TO BE OUTSMC S00 -YEAR FL00DPWN) ACCOROMIO TO F.E.M.A. MAP PANEL NO. 31WI-DO27E, REVISED DEC. S, 1905. 2) THIS SURVEY WAS PERFORMED NITMOUT THE BENEFIT OF A TITLE REPORT, AND MAY NOT SHOW ANY/ALL EASEMENTS AFFECTNC THE PROPERTY. REMAINDER PARCELA 3 9 S28 -59'45'w 64.69 . 24.4' '• �'n� 1.0'� YIi'g PARCEL B s S 'o fn V m 2STORY FRAME u / 404 - 1.fl' �8 PHYSICAL SURVEY OF PART OF PARCEL A-3 SUBDIVISION OF PARCEL A e : ON THE PLAT OF RESUBDIVISION OF NA o LOTS 16-23, BLOCK GG; LOTS 14-17, BLOCK DD; 10% h LOTS 1-13, BLOCK P; r'- N LOTS 1-13, BLOCK BB do Al 244' a LOTS 1-15, BLOCK CC CAROLANNE FARM PART OF Z SECTION FIVE PARCEL A-3 � ❑ KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA 1.7' IN FOR EMANUEL HENRY w "acd To P.1. OF N28 S8'3� L T� y SOUTH PARIJAM£NT DRIVE (50' R/W) ► OA1E: Mr. 4, 2000 WARD M. HOLMES W CUMFCXE Na 0 SCA, E 1' - 30' 1461 M NOTE: FOR PUTT SEE YIIrG11N MA.75 P0.1 .� VA. REACH, VA` WARD M. HOLMES ra v LAND SURVEYOR, P.C. SEi� 9226 GRANBY STREET NORFOLK, VLRGINU 23603 DRAWN BY: DA 767-480-1230 PROJECT NO. 002036 767 As4 PHYSICAL SURVEY FAITH FOR DELIVERANCE / EMMANUEL E. HENRY Agenda Item 14 Page 6 Men Restroom women Restroom.. __] &qpy Room i11 `LSli Il LIM 1 PODIUM 404 S PARLIAMENT DR, VA BEACH 23462 SUIT E 203 FLOOR PLAN -- KEMPS VILLE PLAZA SHOPPING CENTER - PROPOSED FLOOR PLAN FAITH FOR DELIVERANCE / EMMANUEL E. HENRY Agenda Item 14 Page 7 PHOTOGRAPH OF BUILDING FAITH FOR DELIVERANCE / EMMANUEL E. HENRY Agenda Item 14 Page 8 KEMPSULLE Nbp D-.8 Faith for neliverane 'Zoning with ConditionsProtters. Open Space Promotion or PDH -2 Overlays HK • HistorkaI Kemps vile Overby CUP - Religious Use # DATE REQUEST APPLICANT ACTION 1 02/28/1972 Use Permit (350 seat Terahp Ltd. Granted theater 2 11/23/2004 Use Permit (religious use) St. James Missionary Church Granted 12/11/2001 Use Permit (religious use) St. James Missionary Church Granted 02/13/2001 Use Permit (religious use) United Pentecostal Church of Granted Virginia Beach 05/25/1993 Use Permit (religious use Vineyard Christian Fellowship Granted 3 05/27/1997 Rezoning (R-7.5 & B-2 to Zimmer Development Co. of Granted Conditional B-1) VA, LP. ZONING HISTORY FAITH FOR DELIVERANCE / EMMANUEL E. HENRY Agenda Item 14 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that fiave a pai=ent-subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) .vv < �' /-,�' eCMOY' So GE en W <JE72 UR .47 s .5© t^ / Al l / r 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & ` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No _>-�— If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3@007 0 f� DISCLOSURE STATEMENT 1 11 1, FAITH FOR DELIVERANCE / EMMANUEL E. HENRY Agenda Iterm_ 14 Page 10 DISCLOSURE STATEMENT O ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's,agnature / Print Name Owner's Sfgnature (if different/than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 713/1007 DISCLOSURE STATEMENT FAITH FOR DELIVERANCE / EMMANUEL E. HENRY Agenda Item 14 Page 11 Item #14 Faith for Deliverance Conditional Use Permit 404 S. Parliament Drive, Suite 203 District 2 Kempsville January 12, 2011 CONSENT An application of Faith for Deliverance for a Conditional Use Permit (religious use) on property located at 404 S. Parliament Drive, Suite 203, District 2, Kempsville. GPIN: 14665923460000. CONDITIONS 1. There shall be no more than 10 individuals, or the number of individuals approved by the building and Fire Marshal, whichever is less, attending any one given service. 2. Weekday services shall operate between 6:30 p.m. and 12:00 midnight. 3. No services shall be permitted on Saturday between 6:00 a.m. and 6:30 p.m. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the Change of Use from the Building Official within 90 days of approval of this Use Permit. 5. This Conditional Use Permit is valid for three years from the date of adoption by Virginia Beach City Council. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved Item 14 for consent. ABS 0 ABSENT 0 C'O N 4� f� I s°vA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TIDEWATER 7T" DAY ADVENTIST CHURCH / EMMANUEL E. HENRY, Conditional Use Permit, religious use - church, 404 S. Parliament Drive, Suite 201 (GPIN 1466592346). KEMPSVILLE DISTRICT. MEETING DATE: February 22, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow a religious use within two suites (1,870 square feet) of an existing office building. Religious services are held on Saturday from 9:00 a.m. to 3:00 p.m., Wednesday from 7:00 p.m. to 8:00 p.m., and Friday from 6:30 p.m. to 7:30 p.m. The church has approximately 45 members and has been occupying this space for the past 13 years. Twenty-two parking spaces are provided south of the building and there is a 30 - foot non-exclusive easement for ingress and egress to allow access to this site from the property to the south. A variance to reduce the required parking by six parking spaces was approved on July 3, 1992. At that time 27 parking spaces were required by zoning and the variance reduced the required parking spaces down to 21 spaces. ■ Considerations: The church is compatible with other commercial and religious uses within the building and is not expected to negatively impact any neighboring properties. The Zoning Ordinance requires nine parking spaces for a church with 45 seats. The site plan depicts 22 parking spaces. Four uses within the building are in operation on Saturday and two uses are in operation on Wednesday and Friday evenings. The proposed Tidewater 7th Day Adventist Church, two barbershops, and tea shop, are all open on Saturday and, according to City Code, these uses combined require 25 parking spaces. Staff has thus recommended a condition that requires the applicant to obtain at least eight additional off-site parking spaces to accommodate the proposed use. A parking agreement regarding this site and an adjacent property was provided. . Overall, religious uses are typically found within our suburban neighborhoods and are consistent with the Comprehensive Plan's land use policies for this area. TIDEWATER SEVENTH -DAY ADVENTIST CHURCH/EMMANUEL E. HENRY Page 2 of 2 Staff, therefore, recommends approval of this request with the conditions provided on the following page. 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: There shall be no more than 45 individuals, or the number of individuals approved by the building and Fire Marshal, whichever is less, attending any one given service. 2. The applicant shall obtain and maintain written permission to use a minimum of eight off-site parking spaces from adjacent properties. Said written permission must be submitted to the Planning Department / Current Planning Division within 30 days from the date of approval by City Council. 3. Weekday services shall operate between 6:30 p.m. and 12:00 midnight. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official within 90 days of approval of this Use Permit. 5. This Conditional Use Permit is valid for three years from the date of adoption by Virginia Beach City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. SEMPSi7I.L Map n -s Tidewater 7th Dai' Adventist Church Ms Nat 7a „Cep 4 _.Br F E2 B2; a2, . ss 'Z_Mv. C�.P ft. op. CUP• Religious Use sv..• v, o, v�wa ow�ay. IK NktoNulNvmpvlh Overby REQUEST: Conditional Use Permit (religious use) 15 January 12, 2011 Public Hearing APPLICANT: TIDEWATER SEVENTH -DAY ADVENTIST CHURCH PROPERTY OWNER: EMMANUEL E. HENRY STAFF PLANNER: Leslie Bonilla ADDRESS / DESCRIPTION: 404 S. Parliament, Suites 201 and 202 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14665923460000 KEMPSVILLE 12,021 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a religious use within two suites of an existing office building approximately 9,000 square foot in size. The total lease space for the church is 1,870 square feet. Religious services are held on Saturday from 9:00 a.m. to 3:00 p.m., Wednesday from 7:00 p.m. to 8:00 p.m., and Friday from 6:30 p.m. to 7:30 p.m. The church has approximately 45 members and has been occupying this space for the past 13 years unaware of the requirement of a Conditional Use Permit. The existing building is situated along the northern property line. Twenty-two parking spaces are provided south of the building and there is a 30 -foot non-exclusive easement for ingress and egress to allow access to this site from the property to the south. A variance to reduce the required parking by six parking spaces was approved on July 3, 1992. At that time 27 parking spaces were required by zoning and the variance reduced the required parking spaces down to 21 spaces. TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY Agenda Item 15 Page 1 APPLICATION HISTORY: After hearing the application on December 8, 2010, Planning Commission deferred this application for 30 days in order to allow the applicant additional time to work with surrounding businesses and establish a parking agreement. The property owner of this site has contacted and obtained written permission from Wachovia Bank located at 5284 Princess Anne Road will allow customers visiting 404 S. Parliament Drive to use eight of their parking spaces on Saturday. Wachovia Bank is not open on Saturday; therefore there should be sufficient parking available either on-site or off- site to accommodate all uses within the building in accordance to the City's Zoning Ordinance. The parking agreement regarding this site is provided at the end of the report. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Office building with associated parking SURROUNDING LAND North: . Bank / B-2 Community Business District USE AND ZONING: South: . Retail center / B-2 Community Business District East: • Bank and retail establishments / B-2 Community Business District West: • S. Parliament Drive • Across S. Parliament Drive are single-family homes / R-7.5 Residential District Across S. Parliament Drive are offices and a gas station / 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 designates the subject property as being in the Suburban Area. The general planning policies for this area reinforce the suburban characteristics of our stable neighborhoods, including non-residential areas that make up the Suburban Area. These policies call for new uses to either maintain or enhancing the existing area, have a high quality and attractiveness of site and buildings, and be compatible with residential uses in respect to the type, size, and intensity of the proposed use. (pp. 3-1, 3-2) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Parliament Drive is a two-lane local street. It does not appear on the Master Transportation Plan Map and there are no CIP projects on it. TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY Agenda Item 15 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic REQUIRED South Parliament Unknown 9,900 ADT (Level of Existing Land Use — 60 AREA SF) Drive 100-101 Service "D") Weekday ADT and 10 Religious (1/5 seats) 896 3 Sunday ADT Tu & Th (7:30p -9:30p) Proposed Land Use 3-18 Dentist Office Mon -Fri 9a-5 Office 1/27 448 Weekday ADT and 68 102B Barber Shop Mon -Fri (30a — 5:30p); Personal Service Sunda ADT Average Daily Trips las defined by 1,870 square feet of general office building 3 as defined by a 1,870 square foot church WATER & SEWER: This site currently connects to City water and sanitary sewer. EVALUATION AND RECOMMENDATION The church is compatible with other commercial and religious uses within the building and is not expected to negatively impact any neighboring properties. The Zoning Ordinance requires nine parking spaces for a church with 45 seats. The site plan depicts 22 parking spaces. Four uses within the building are in operation on Saturday and two uses are in operation on Wednesday and Friday evenings. The proposed Tidewater 7th Day Adventist Church, two barbershops, and tea shop, are all open on Saturday and, according to City Code, these uses combined require 25 parking spaces. On Wednesday and Friday evenings, after 6:30 p.m., only the proposed Tidewater 7 t Day Adventist Church and Faith of Deliverance church are open and according to City Code, these uses combined require 11 parking spaces. A table is provided below with detailed information regarding parking requirements, hours of operation, and square footage of each use within the building. TABLE 1: DETAILED DESCRIPTION OF USES IN BUILDING TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY Agenda Item 15 Page 3 USE CLASSIFICATION / LEASABLE REQUIRED SUITE BUSINESS HOURS PARKING REQUIREMENT AREA SF) SPACES 100-101 Church of Christ Su (10a -1:30p & 5p -7p); Religious (1/5 seats) 896 3 Tu & Th (7:30p -9:30p) 102A Dentist Office Mon -Fri 9a-5 Office 1/27 448 2 102B Barber Shop Mon -Fri (30a — 5:30p); Personal Service 448 2 Sat (9a -3:30p) (1/200sf) 103 Tea Shop Tues -Sat (9a-5:30) Restaurant (1/100sf) 896 9 104A-3048 Alteration Shop Mon -Fri (9a -5:30p) Personal Service 896 4 (1/200sf) 201-202 Tidewater Seven Day Sat (9a -3p); Wed Religious (1/5 seats) 1870 9 Adventist Church (6:30p -8p); Fri (6:30p- 7:30 203 Faith for Deliverance Sun (9a -1p); Religious (1/5 seats) 550 2 Wed & Fri (7p -8:30p) 204 Barber Shop Tues -Sat (10a -6p) Personal service 1050 5 (1/200sf) TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY Agenda Item 15 Page 3 While small religious facilities are typically good uses within a multi -unit building because religious uses generally operate when other businesses are not in operation; the proposed religious facility operates on Saturday, when many other users in the building are in operation. According to City Code, there is not sufficient parking on-site to accommodate a religious use with 45 seats and other users within the building, even when hours of operation are taken into consideration. Staff has thus recommended a condition that requires the applicant to obtain at least eight additional off-site parking spaces to accommodate the proposed use. This condition helps ensure that there is sufficient parking according to the City's Zoning Ordinance to accommodate all uses on this site. It should be noted that when hours of operation is taken into consideration, this site requires three additional off-site spaces to allow the proposed use, however due to concern from the surrounding community, staff is recommending that eight additional off-site spaces be provided. Eight parking spaces will ensure that sufficient parking is provided even if all other uses in the building are open on Saturday. Overall, religious uses are typically found within our suburban neighborhoods and are consistent with the Comprehensive Plan's land use policies for this area. Staff, therefore, recommends approval of this request with the conditions provided on the following page. CONDITIONS 1. There shall be no more than 45 individuals, or the number of individuals approved by the building and Fire Marshal, whichever is less, attending any one given service. 2. The applicant shall obtain and maintain written permission to use a minimum of eight off-site parking spaces from adjacent properties. Said written permission must be submitted to the Planning Department / Current Planning Division within 30 days from the date of approval by City Council. 3. Weekday services shall operate between 6:30 p.m. and 12:00 midnight. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official within 90 days of approval of this Use Permit. 5. This Conditional Use Permit is valid for three years from the date of adoption by Virginia Beach City Council. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY Agenda Item 15 Page 4 TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY Agenda Item 15 Page 5 P AERIAL OF SITE LOCATION'. TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY Agenda Item 15 Page 6 THIS IS TO CERTIFY THAT I, ON DEC. 4, 8000, SURVEYED THE PROPERTY SHORN HEREON AND THAT THE TPITS LINES AND PHYSICAL OIPROVnMNT8 ARE AS SHORN HEREON. THE IMPROVXbMNTS STAND STRICTLY RITHIN THE TITLE LINES AND THERE ARE NO ENCROA ILDGS OF OTHER BUINEXCEPT AS SHOWN. SIGNED: AG�a��"pC��p NOTES: 1) THE PROPERTY SHoJAN HEREON APPEARS TO UE w 'X' 8.000 ZONE (AREA OEIERNINW TO BE OUISTOE 500-YEAR FLOODPLAIN) ACCORONIC TO F.E.M.A. MAP PANEL NO. 510531-O027E, RENSFD DEC. S, INN. Z) THIS SURVEY WAS PERFORMED MATHOUT TME BEINEnT OF A TITLE REPORT, AND MAY NOT SHOW ANY/ALL EASEMENTS AFFECTING THE PROPERTY. REMAINDER PARCELA 3 526'39'45'W 9 ""F) q P) ..24.4' PARCEL B m fA N iY co W /404 d' PHYSICAL SURVEY OF PART OF PARCEL A-3 SUBDIVISION OF PARCEL A b - ON THE PLAT OF RESUBDIVISION OF 0 c LOTS 16-23, BLOCK GG; # LOTS 14-17, BLOCK DD; in LOTS 1-13, BLOCK P; 24,4, >? - N LOTS 1-13, BLOCK BB do a1 a LOTS 1-15, BLOCK CC CAROLANNE FARM PART OF Z SECTION FIVE PARCEL A-3TR°Ao❑ KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA 1.7` IN ;l: FOR # EMANUEL HENRY BOO' TO P.I. OF NZ8 59'3 E PRWCE55 AN RD. .5ourH PARLjAM£NT DRI V£ (50' R/W) st y rQ W,Fm M. rrou�s D OATS OEC. 4, 2001 CBnVrJJL NL w SCALL. 1' - 30 1403 r NOTE: FOR RAT SEE Vices M.B.75 PQ1 VA BEACH, VA WARD M. HOLMES �a••F - v e LAND SURVEYOR. P.C. X440 SOX18, 0226 GRAM STREET NORFOLK, VIRGINIA 29603 DRAWN B"• DJB 767-480-1290 PROJECT NO. OB2030 7a716+ Z.2 PHYSICAL SURVEY`± TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY > Agenda Item 15 R Page 7 i PHOTOGRAPH OF BUILDING TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY Agenda Item 15 Page 8 # DATE REQUEST APPLICANT ACTION 1 02/28/1972 Use Permit (350 seat Terahp Ltd. Granted theater 2 11/23/2004 Use Permit (religious use) St. James Missionary Church Granted 12/11/2001 Use Permit (religious use) St. James Missionary Church Granted 02/13/2001 Use Permit (religious use) United Pentecostal Church of Granted Virginia Beach 05/25/1993 Use Permit (religious use Vineyard Christian Fellowship Granted 3 05/27/1997 Rezoning (R-7.5 & B-2 to Zimmer Development Co. of Granted Conditional B-1 VA, LP. ZONING_ HISTORY TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY Agenda Item 15 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) - ;`it�c: �✓�'l i-Elo, J;Fy,r> 7,e/- DAY Ji, y&&/.lj Hc�ri2Ct/ 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) /I,PUc-r�/Tict?'.f' ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary, ) i 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) O Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY Agenda Item 15 Page 10 C) DISCLOSURE STATEMENT lel ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. VpIican1;"Ign.0dre Print Name than Conditional Use Permit Application Pape 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY Agenda Item 15 Page 11 Community Accommodation December 20, 2010 By this, the Manager of the Wachovia bank (Kempsville branch) authorizes the owner of 404 S. Parliament Drive, VA Beach, VA 23462 to use on Saturdays when the bank is closed, 8 parking spots located next (parallel) to Parliament Drive for the purpose of accommodating some Church members, if needed. No other area in the Wachovia parking lot is allowed for this accommodation. Wachovia and Wachovia Insurance are not responsible for damages, breaking of any vehicle, personal items of the driver/owner, and any other mishap that may occur. It is the responsibility of the vehicle's owner/driver, the Church, and the owner of 404 S. Parliament Drive to address any such issue. Furthermore, the Manager of this Wachovia branch, at his/her sole discretion and at any time, can terminate this accommodation with or without the consent of the other party. A verbal notice to stop is sufficient. anager Em/anuerZHenryv Owner 404 S. Parliament Drive WACHOVIA BANK PARKING AGREEMENT TIDEWATER SEVENTH -DAY ADVENTIST CHURCH / EMMANUEL E. HENRY z Agenda Item 15 p Page 12 azo Item #15 Tidewater Seventh -day Adventist Church Conditional Use Permit 404 S. Parliament Drive, Suites 201 & 202 District 2 Kempsville January 12, 2011 CONSENT An application of Tidewater Seventh -day Adventist Church for a Conditional Use Permit (religious use) on property located at 404 S. Parliament Drive, Suites 201 and 202, District 2, Kempsville. GPIN: 14665923460000. CONDITIONS 1. There shall be no more than 45 individuals, or the number of individuals approved by the building and Fire Marshal, whichever is less, attending any one given service. 2. The applicant shall obtain and maintain written permission to use a minimum of eight off-site parking spaces from adjacent properties. Said written permission must be submitted to the Planning Department / Current Planning Division within 30 days from the date of approval by City Council. 3. Weekday services shall operate between 6:30 p.m. and 12:00 midnight. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Change of Use from the Building Official within 90 days of approval of this Use Permit. 5. This Conditional Use Permit is valid for three years from the date of adoption by Virginia Beach City Council. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 11 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved item 15 for consent. ABS 0 ABSENT 0 NU 6E�� L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH —PARKING AMENDMENTS, An Ordinance to amend Sections 203 and 236 of the City Zoning Ordinance pertaining to off-street parking requirements. MEETING DATE: February 22, 2011 ■ Background: The Green Ribbon Implementation Committee developed directives for Staff to research techniques to improve water quality throughout Virginia Beach. Several of these specific directives included: modifying excess parking requirements, setting both minimum and maximum number of parking spaces, facilitating shared and offsite parking, establishing motorcycle and bicycle parking requirements, and increasing the number of compact parking spaces available. Recommendations were developed with input from stakeholders including representatives from the Virginia Beach Chamber of Commerce, the Retail Alliance, the Tidewater Builders Association, Virginia Beach Vision, the Resort Advisory Committee, the Virginia Beach Economic Development Authority and Lynnhaven River NOW. The goal of these amendments is to minimize impervious surfaces in parking lots, reduce stormwater management needs for new projects, decrease heat generated on a site and reduce development costs. The major revisions include the adoption of parking requirements as a set amount of parking, allowing only 50 percent more parking than required. The revisions also include new requirements for motorcycle parking and bicycle spaces for certain uses. The use of parking agreements to encourage shared parking where feasible is encouraged by the proposed amendments. ■ Considerations: Staff recommends approval of these amendments. The amendments are the result of extensive work over the past year with stakeholders and the public, and provide an update to the City's development regulations that reflect a more sustainable approach toward parking. There was no opposition to the request. ■ Recommendations: CITY OF VIRGINIA BEACH- PARKING AMENDMENTS Page 2of2 The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department.' City Manager: I,�. , 8 January 12, 2011 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTIONS 203 AND 236 - PARKING REQUEST: An Ordinance to amend Sections 203 and 236 of the City Zoning Ordinance pertaining to off-street parking requirements. SUMMARY OF AMENDMENT The Green Ribbon Implementation Committee developed directives for Staff to research techniques to improve water quality throughout Virginia Beach. Several of these specific directives included: modifying excess parking requirements, setting both minimum and maximum number of parking spaces, facilitating shared and offsite parking, establishing motorcycle and bicycle parking requirements, and increasing the number of compact parking spaces available. Recommendations were developed with input from stakeholders including representatives from the Virginia Beach Chamber of Commerce, the Retail Alliance, the Tidewater Builders Association, Virginia Beach Vision, the Resort Advisory Committee, the Virginia Beach Economic Development Authority and Lynnhaven River NOW. The goal of these amendments is to minimize impervious surfaces in parking lots, reduce stormwater management needs for new projects, decrease heat generated on a site and reduce development costs. The major revisions include the adoption of parking requirements as a set amount of parking, allowing only 50 percent more parking than required. The revisions also include new requirements for motorcycle parking and bicycle spaces for certain uses. The use of parking agreements to encourage shared parking where feasible is encouraged by the proposed amendments. RECOMMENDATION Staff recommends approval of these amendments. The amendments are the result of extensive work over the past year with stakeholders and the public, and provide an update to the City's development regulations that reflect a more sustainable approach toward parking. CITY OF VIRGINIA BEACH — PARKING AMENDMENTS Agenda Item 8 Page 1 1 REVISED—PLANNING COMMISSION 2 AN ORDINANCE TO AMEND SECTIONS 203 AND 236 OF 3 THE CITY ZONING ORDINANCE PERTAINING TO OFF- 4 STREET PARKING REQUIREMENTS 5 6 Sections Amended: §§ 203 and 236 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 203 and 236 of the City Zoning Ordinance are hereby amended 15 and ordained to read as follows: 16 17 Article 2. General Requirements and Procedures Applicable to All Districts 18 19 A. Regulations Relating to Lots, Yards, Heights, Off -Street Parking and Off- 20 Street Loading 21 22 .... 23 24 Sec. 203. Off-street parking requirements. 25 26 (a) The following specified uses shall comply with the off-street parking requirements 27 designated therefore: 28 29 (1) Animal hospitals, business studios, eleemosynary and philanthropic 30 institutions, veterinary establishments, commercial kennels, animal 31 pounds and shelters, wholesaling and distribution operations, finaesiat 32 , laboratories other than medical, passenger 33 transportation terminals and broadcasting studios: At least one One space 34 per four hundred (400) square feet of floor area; 35 36 (2) AuditeFiums, -assembly halls and UROGA IIs; GGFnmeFGial F GFeatien 37 faGilities Assembly uses, except religious uses: At least nne One space 38 per one hundred (100) square feet of floor area or at least one space per 39 five (5) fixed seats, whichever is greater; 40 41 (3) Banks, credit unions, savings and loans, 42 +nets: At least one One space per two hundred seventy (270) Gn6 43 hundFed twenty five (125) square feet of floor area; 44 1 45 (4) Botanical and zoological gardens: At least e% One space per ten 46 thousand (10,000) square feet of lot area; 47 48 (5) Bowling alleys: At leas Three 3 ) spaces per alley; 49 50 (6) Child care centers and child care education centers: At 'east one One 51 space per three hundred (300) square feet of floor area; 52 53 (7) Re-seFved. 54 55 gh-{8) College or university: As specified by the Conditional Use Permit At least 56 erne canape per five (6) seats in the mai i a di+eriu m OF five (5) spaGes nor 57 Glassreem, whiGh ter-, 58 59 (8) Commercial recreation facility—indoor: One space per two hundred (200) 60 square feet of floor area; 61 62 (8.1) Commercial recreation facility—outdoor: As specified by the Conditional 63 Use Permit; 64 65 (9) Country inns: At least a One space per room provided for lodging 66 transients; 67 68 (10) Drive-in eating and drinking establishments: At least „ne One space per 69 fifty (50) square feet of floor area; 70 71 (11) Dwellings, single-family, semidetached, duplex and attached: At lea:;e 72 Two (2) spaces per dwelling unit; 73 74 (12) Dwellings, multifamily: At least twG Two (2) spaces per dwelling unit for 75 the first fifty (50) units located on a zoning lot and at -east one and three 76 quarters (1 3/4) spaces per dwelling unit for all units in excess of fifty (50) 77 units; 78 79 (13) Reserved. 80 81 (14) Eating and drinking establishments accessory to a hotel: At least GFIe One 82 space for each three hundred (300) square feet of floor area in dining 83 area; 84 FA 85 (15) Fraternity or sorority house, student dormitory: At least one One space per 86 two (2) lodging units or one space per three (3) occupants, whichever is 87 greater; 88 89 (16) Furniture or appliance stores, machinery equipment, automotive and boat 90 sales and service: At least one One space per nine hundred (900) square 91 feet of floor area; 92 93 (17) Golf courses: At least fide Five (5) spaces per hole in the main course; 94 95 (18) Greenhouses and plant nurseries: At least one One space per one 96 thousand (1,000) square feet of selling area; 97 98 (19) Hospitals: At least twe Two and one-half (2.5) spaces per patient bed; 99 100 (20) Lodging units: At least one One space per lodging unit; 101 1022( 0.1) Medical offices: One space per two hundred seventy (270) square feet of 103 floor area; 104 105 (21) Meeting rooms and convention hall facilities accessory to a hotel: At leas 106 eee One space per twenty (20) seating capacity; 107 108 (22) Museums and art galleries: Not less than ten Ten (10) spaces and one 109 additional space for each three hundred (300) square feet of floor area or 110 fraction thereof in excess of one thousand (1,000) square feet; 111 112 (23) Nurses homes and similar housing for institutional employees: At least 113 one One space per four (4) occupants; 114 115 (24) Offices: At least o One space per three hundred thirty (330) tws 116 hu.,. Fed seventy (27-0 square feet of floor area; 117 118 (25) Personal service establishments: At least o„e One space per two hundred 119 fifty 250 {299} square feet of floor area; 120 121 (26) PFORting and publiShIRg establishments� At least ene spare per one 122 ; 123 3 124 (27) Private clubs and lodges, social centers, athletic clubs and GGmMeFGial 125 FeGFeation faGilities atheF than bowling alleys- At. lemic+ ene One space per 126 one hundred (100) square feet of floor area; 127 128 (28) Public buildings and funeral homes: At least 9% One space per five 129 hundred (500) square feet of floor area; 130 131 (28.1) Religious uses: At least one One space per five (5) seats or bench seating 132 space in the main auditorium; 133 134 (29) Retail establishments, including beverage manufacturing shops, flea 135 markets, ti^air establishments, plumbing and heating estab'061;++. Ats ..Rd 136 eewise-establishments - etheF thaRpersonal 6eF iGe-ec+ shme nts: At 137 least one One space per two hundred fifty 250 (280) square feet of floor 138 area; 139 140 (30) Restaurants other than drive-in eating and drinking establishments: At 141 lenrst vire One space per one hundred (100) square feet of floor area, and 142 one space per one hundred (100) square feet of additional area 143 encompassed by decks, patios and other areas in which seating is 144 provided and food or beverages are consumed; 145 146 (31) Sanitariums: At least one One space per four (4) patient beds; 147 148 (32) Service or repair establishments, motion picture studios, utility 149 installations, manufacturing, industrial, processing, packaging, fabricating, 150 research or testing labs, warehouse establishments, printing, publishing, 151 and plumbing and heating establishments: At least one One space per 152 employee on maximum working shift; 153 154 (33) (i) Shopping GeRteFS GORtaining FnGFe thaR eight (9) iRdividual uses G 155 businesses and IGGated OR a zening lat five (5) to ten (10) aGFe6 156 soz . 157 158 159 .SW l I II uses evnen+ rectaran+c reliniel l uses and th..ateFs, M11 M , 160 161 b. One spare per hve hundred (200) square feet of floor aFea ef 162 4 163 (10) peFGeRt OF less of the total f'GGF aFea Of the she. 164 165 166 G. GRe spaGe�ne_F se"enta_five (75) square foot of floor aFea .aF 167 rectauFaRtc- in evnecac thereof• nr) c�.vc�.,-a-rcr��r-rn,a 168 169 170 of theaters in evness thereof; 171 172 173 b Icaine6ses anr) Ionated nn a `onOno lot ten (1 0) to thirty (ill) aGFes— V...vvvvv aw. ,a. ,vvuay., v, , aw v, ,� Iva aV11 � . 174 iR size shall have a total of, 175 176 177 all uses evnent reetaUFantsI Ilreligious cec anr) theater.a•, 178 179 h i•lne ner tWO hURdFerl (200) sq Dare feet of floor Mre/+ spaGe r- �_ ..� ....�........� ..�.�.... ......... . a..a., of 180 res#aeraRts and theateFs-essUPY+Rg, iR the ag9,gate,TeR 181 (10) peFGeRt OF less of the tatal fle-er area of the she. 182 183 184 G. GResnane per seventy fide (75) square feet of floor aFe�a of �r awvV MV. VV •V..a� /,�V \I V' Va.'aAM,V IVV1 185 TFeec+rauraRt in a :Voe�iac7a�ZTh'reFe. ef�f, aiv 186 187 d. One-SFaGe p "� c ie-rhrundFed (100) square feet of floor area 188 of theaters in eVness thereof; 189 190 191 businesses and Ionated on Zoning Int greater than thirty (39 n aw„v ,vvaa avaa 192 !e eh.all have a total of-. 193 194 One sanane ner t.�,_ hN�nrlrer) (2Illi\ sans ate feet of floor re of -- One �r^_- r- .. ��....� ..y..........,..a.,a ... ,,..V, ulvz. yr 195 all I ben evnent rental IrantS religious uses and tLae ater/+. 196 197 b. One C sq�•a s �.atwoGe ner to hund Fe •�! /7nm Ire feet oma, f�F 198 r �, an 199 /1 El nernent or less of tkptrit:il flnnr :1rp i cif +hie ch z Ivr vclvcy� v1 _ _ 200 se#eF 201 Rl 202 G. GRe snaGe per seventy five (75) f squaFe feet of�7rrivvi area of `11`"' 203 • en restaurant� in evneec thereof, r) 204 205 d. GRe spaGe peF eRe huRdFed (100) squaFe feet of floor area 206 of theaters in eVeess thereof; 207 208 },.' ��, },,,, y� y� iu__ `� ehvithstandiRg the–f F g the vent the total. �J 209 210 is less +h, + ;-ahara�requir-ed–K UFSuaR ) aF (ii) heFeinabove, the 211 leaser requirement shall apply, 212 213 (y) any nreyis+enr—torn the —sotFaFRttw+thsfa g, the 214 rpCL�rt f remr nre,,F sha g �itGYs FneFe thT^CJii-five huRdFe 215 ho (500,000) square feet Of OFOSS leasable aFea shall be fGt+F 216 and eRe-ha#(4.5) spaees per-eee thous Rd -(1,000) -square feet 217 gfess leasable-afea,-regaFdless of theme-ofuses withiR-t"e 218 6heppiRg GeRter, 219 220 a. The shoppiRg GenteF in its eRtirety *6 ZGRedeither B 2, B 3, 221 or B 3A; 222 223 b. T.he gFess-leasable area -to-whiGh this-: es#i„n applies m 224 e0theF he all on the samezeRing lot eF all iRene nentin„o„a 225 building; and 226 227 s The nine enter mus over) by Fnass +r�+nai+ �f�ppmg 6�rrtc,--n-ru��-ba-S�v-ccr-v�--n-ra�� �rarrirr. 228 229 (33) Shopping centers containing at least one (1) acre or more than four L1 230 tenants: One space per two hundred fifty (250) square feet of floor area 231 provided that in shopping centers where restaurants with seating for fifty 232 (5O) or more patrons comprise fifty percent (50%) or more of the total floor 233 area, parking shall be one (1) space per one hundred (100) square feet of 234 floor area; 235 236 (34) Vocational, technical, industrial and trade schools: One space per two (2) 237 seats of designated classroom space or as specified by the Conditional 238 Use Permit ; 239 240 (35) Uses permitted pursuant to a conditional use permit shall comply with the 241 off-street parking requirement specified in the conditional use permit; M 242 provided, however, that if no such requirement is specified therein, the 243 applicable requirement shall be as set forth in this section. 244 245 (b) General standards. The following requirements shall apply to all off-street parking 246 spaces: 247 248 (1) Any off-street parking space, 249 , shall have minimum dimensions of eight and one half 250 (8 Y2) Rene -(9) feet by eighteen (18) feet, and a maximum dimension of 251 nine (9) feet by eighteen (18) feet unless otherwise permitted under 252 section 203 (3) below, except that in parking garages and parking 253 structures, minimum dimensions shall be eight (8) feet, nine (9) inches by 254 eighteen (18) feet and minimum dimensions for all parallel parking spaces 255 shall be nine (9) feet by twenty-two (22) feet. Where the width of a 256 parking space abuts a street frontage landscaping strip or interior 257 landscaped areas, the length of the parking space may be reduced by one 258 and one-half (1.5) feet; 259 260 (2) In any parking structure or parking garage with -greater than twenty five 261 (25) spaces, the Planning Director may allow a maximum of fi-�„e- 262 perseet thepercent3�.0%)_of the total number of spaces within a parking 263 garage or structure to be compact car spaces if he finds that (i) the 264 unusual shape, size, configuration or other building condition of the 265 parking structure or parking garage precludes the efficient layout of 266 parking spaces meeting the dimensional requirements of this section, thus 267 resulting in residual space within such parking structure or parking garage; 268 and (ii) the use of compact car spaces would not substantially reduce the 269 overall safety, ease of ingress and egress, or efficiency of the layout of 270 parking spaces; 271 272 (3) Within a parking lot not serving a use in the apartment or residential 273 districts and larger than twenty five (25) spaces, a maximum of thirty 274 twenty.five (25) percent3( 0%) of the spaces provided may be designated 275 for compact cars, provided that (i) the minimum dimensions shall be eight 276 (8) by seventeen (17) feet for regular compact car spaces or eight (8) by 277 twenty (20) feet for parallel compact car spaces and (ii) all such compact 278 car spaces shall be clearly marked with the wording "Compact Cars Only." 279 280 stFip or interieF landSGaped aFeas, the length of the parking spaee Fnay be 281 ; QWN 283 (4) Each space shall be unobstructed, have access to a street and be so 284 45--59 arranged that any automobile may be moved without moving another, 285 except in the case of parking for one- and two-family dwellings and in the 286 case of parking for employees on the premises. In parking garages and 287 parking structures, structural encroachments into a maximum of thirty (30) 288 percent of the spaces may protrude into the front portion of a parking 289 space not more than one (1) foot as measured perpendicularly to the drive 290 aisle; 291 292 4.1 Within a parking lot, parking garage, or parking structure not serving a use 293 in the apartment or residential districts, one (1) space per every thirty (30) 294 spaces shall be designated motorcycle spaces to accommodate 295 motorcycles, motor scooters, or other licensed vehicles, with dimensions 296 of four (4) by eight (8) feet and shall be clearly marked as motorcycle 297 spaces; 298 299 (5) Parking surfaces shall be constructed of concrete, asphalt or other 300 suitable material approved by the Planning Director; All spaGe6 shall 301 remply with the Speriftatiens and- Standards of the DepaFtn;eRt of PU 302 VVeFks, and where surh SpeGiftatiORs and StandaFds do net apply, 303 paFking suFfaGes shall be pFevided and maintained with an all weatheF 304 sur#ac;e-. Where parking areas are illuminated, all sources of illumination 305 shall be so shielded as to prevent any direct reflection toward adjacent 306 premises in residential, apartment, or hotel districts; 307 308 (6) Parking areas for three (3) or more automobiles shall have individual 309 spaces marked, except in the case of parking for one- and two-family 310 detached dwellings, and spaces shall be so arranged that no maneuvering 311 directly incidental to entering or leaving a parking space shall be on any 312 public street, alley, or walkway; and 313 314 (7) Minimum aisle width required for parking areas shall be according to the 315 following table: 316 317 TABLE INSET: 318 Parking Angle (in degrees) Aisle Width (in feet) 0--44 12 45--59 13.5 q 319 60--69 18.5 70--79 19.5 322 80--89 21 (18) feet shall be at least twenty-three (23) feet in width. Aisle width shall 90 22 319 320 321 In addition, in any parking garage or parking structure a drive aisle 322 adjacent to a parking space which is less than nine (9) feet by eighteen 323 (18) feet shall be at least twenty-three (23) feet in width. Aisle width shall 324 not exceed twenty four (24) feet unless required for emergency access or 325 off street loading per Section 204. Only areas necessary for parking and 326 safe vehicular maneuvering shall be impervious; 327 328 (8) In the business, apartment and office districts the number of off street 329 parking spaces shall not exceed the required number by more than fifty 330 percent (50%). Fractions shall be rounded up to the closest whole 331 number. Such maximum parking requirements shall not apply to uses in 332 the business, apartment or office districts whose off-street parking 333 requirements are allocated within a parking structure; 334 335 (9) The Planning Director may authorize additional parking spaces above the 336 maximum for uses in the business, apartment and office districts, provided 337 that all of the following conditions are met: 338 339 (i) Justification submitted by the applicant for the number of parking 340 spaces proposed based upon estimates of parking demands in 341 accordance with the Institute of Transportation Engineers parking 342 data or other industry specific data or operation specific data. The 343 justification shall document the source of data used to develop the 344 number of parking spaces proposed; 345 346 ii The applicant demonstrates that no other parking alternatives exist 347 including, but not limited to: shared parking opportunities with 348 neighboring properties or businesses, public transit within one 349 quarter (1/4) of a mile, carpooling, public structured parking within 350 one thousand (1,000) feet, staggered work shifts/hours of operation 351 and telecommutinq opportunities; and 352 353 iii Parking spaces above the maximum shall be constructed with a 354 permeable paving system, as described in the City of Virginia 355 Beach Landscaping Guide as revised, or stormwater runoff from 356 those parking spaces above the maximum or the equivalent runoff 357 from an equal area of impervious cover elsewhere on the site shall 358 drain directly to a stormwater management facility that provides a 359 reduction in runoff for the site. Stormwater runoff as described 360 above shall be equal to the volume produced by one (1) inch of rain 361 on the impervious area. 362 363 (10) Parking, including for bicycles, may be shared among two (2) or more 364 uses that typically experience peak parking demands at different times 365 and are located on the same parcel or on separate parcels at a distance 366 no greater than five hundred (500) feet. 367 368 (i) For two (2) or more uses on the same parcel, the total number of 369 minimum required spaces may be reduced by the use of shared parking. 370 To qualify for shared parking, a current parking study shall be submitted to 371 the zoning administrator, who shall determine the final shared parking 372 ratio. A ten (10) vear shared parking agreement in a form approved by the 373 city attorney shall be recorded with the clerk of the circuit court: 374 375 ii For two (2) or more uses on separate parcels within five hundred 376 (500) feet of the main pedestrian entry to a building the total number of 377 required spaces may be reduced by the use of shared parking. To qualify 378 for shared parking, a current parking study shall be submitted to the 379 zoning administrator, who shall determine the final shared parking ratio 380 under the following conditions: Orli 382 (a) A ten (10) year shared parking agreement in a form 383 approved by the city attorney shall be recorded with the clerk of the 384 circuit court, which shall maintain the designated number of parking 385 spaces:and 386 387 (b) Pedestrian access shall be provided from the off-site parking 388 to the user, and shall be designated on the submitted site plan 389 subiect to the approval of the zoning administrator; and 390 391 (c) Shared parking on both sites will not be detrimental to the 392 sites or surrounding properties: and 393 394 10 395 Bicycle Parking Requirement (d) No parking required by a use may be used as off-site 396 staff and students above grade three (3) level parking for another use, unless approved by the zoning 397 Equal to six percent (6%) of the classroom administrator in accordance with this section. 398 required by Section 203 b (12), whichever is rg eater 399 11 The minimum required parking may be reduced upon the submittal of a 400 Public Transit Station parking study to the zoning administrator that indicates a substantial 401 minimum of twenty (20), whichever is greater, number of patrons of the use are pedestrian or arrive by means of public 402 transportation or by bicycle. The zoning administrator shall determine the 403 final parking ratio or reduction in the minimum required parking. 404 405 (12) All development in the apartment, office or business districts requiring 406 twenty five (25) or more parking spaces shall have a minimum of five (5) 407 bicycle spaces within two hundred (200) yards of the building, in a visible 408 area. Each additional fifty (50) parking spaces above the first twenty five 409 (25) shall require one (1) additional bicycle space. 410 411 (13) Bicycle spaces shall be required as follows in all districts for the following 412 uses: 413 414 415 416 417 Use Bicycle Parking Requirement Primary or Secondary School Equal to five percent (5%) of the all building staff and students above grade three (3) level College or University instructional Equal to six percent (6%) of the classroom building capacity of each building, or the amount required by Section 203 b (12), whichever is rg eater Dormitories or Residence Halls One (1) space per three (3) students, or the amount required by Section 203 b (121 whichever is greater Public Transit Station Thirty five percent (35%) of the required number of automobile parking spaces or a minimum of twenty (20), whichever is greater, or the amount required by Section 203 b (121 whichever is greater 11 418 419 420 421 422 423 Recreation Centers, Community Twelve percent (12%) of the required number Centers, Fitness Centers, etc. (public or of automobile parking spaces, or the amount private) required by Section 203 b (12), whichever is rg eater Parks and ball fields Minimum of ten (10) spaces, or the amount required by Section 203 b (12), whichever is rg eater 14 For parking lots with three hundred (300) spaces or more, at least fifty percent (50%) of the required bicycle spaces shall be indoors or covered in accordance with the City of Virginia Beach Landscaping Guide, with the exception of parks and ball fields. 424 (c) Parking for Accessory Uses. Unless otherwise specified in the district 425 regulations, accessory uses shall conform to the parking requirements applicable to 426 such uses, which requirements shall be in addition to any parking required of the 427 principal use. 428 429 .... 430 431 B. Conditional Uses and Structures 432 433 .... 434 435 Sec. 236. Marinas, commercial, noncommercial and community boat docks. 436 437 (a) Location and site requirements. Commercial marinas, noncommercial marinas 438 and community boat docks shall be so located as to be accessible from major roads 439 without creating traffic congestion on minor streets through residential, apartment or 440 hotel districts. 441 442 (b) Parking requirements. 0.50 one -off-street parking space per boat 443 slip shall be required, provided that where wheel launching ramps adjoin the parking 444 area, the parking spaces all have a minimum dimension of twelve (12) feet by forty (40) 445 feet. Where appropriate and conditions warrant, city council may modify the number of 446 required parking spaces. 447 448 .... 12 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 COMMENT These amendments to the City's vehicular parking requirements are intended to decrease the amount of impervious surface used for parking areas in accordance with the recommendations of the Green Ribbon Committee. The major revisions include the adoption of parking requirements as a set amount of parking, allowing only 50% more parking than required. The Planning Director can modify this amount with certain justifications. (Lines 328-361) There is also a requirement for bicycle parking for certain uses. (Lines 411-418) Parking agreements for shared parking are also encouraged. (Lines 375-397) Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA -11350 R-13 January 26, 2011 . Ld a - I I City Attorney's Office 13 Item #8 & 9 City of Virginia Beach Amendment to Sections 203 and 236 — Parking Amendment to Landscaping Guide January 12, 2011 APPROVED SUMMARY OF AMENDMENT (Item 8) The Green Ribbon Implementation Committee developed directives for Staff to research techniques to improve water quality throughout Virginia Beach. Several of these specific directives included: modifying excess parking requirements, setting both minimum and maximum number of parking spaces, facilitating shared and offsite parking, establishing motorcycle and bicycle parking requirements, and increasing the number of compact parking spaces available. Recommendations were developed with input from stakeholders including representatives from the Virginia Beach Chamber of Commerce, the Retail Alliance, the Tidewater Builders Association, Virginia Beach Vision, the Resort Advisory Committee, the Virginia Beach Economic Development Authority and Lynnhaven River NOW. The goal of these amendments is to minimize impervious surfaces in parking lots, reduce stormwater management needs for new projects, decrease heat generated on a site and reduce development costs. The major revisions include the adoption of limits to parking to as a set amount of parking, allowing 50 percent more parking than the minimum required. The revisions also include new requirements for motorcycle parking and bicycle spaces for certain uses. The use of parking agreements to encourage shared parking where feasible is encouraged by the proposed amendments. RECOMMENDATION (Item 8) Staff recommends approval of these amendments. The amendments are the result of extensive work over the past year with stakeholders and the public, and provide an update to the City's development regulations that reflect a more sustainable approach toward parking. SUMMARY OF AMENDMENT (Item 9) The proposed amendments to the off-street parking regulations provided in Sections 203 of the City Zoning Ordinance include requirements for bicycle parking and permeable paving systems. Specifically, amendments refer in Sections 203(b)(9) to the use of permeable paving systems and in Section 203(b)(14) to covering of bicycle spaces. In both instances, the amendments direct the reader to the Landscaping Guide of the City of Virginia Beach for detailed guidance regarding the type of permeable paving systems and bicycle space shelters that are acceptable. Amendments to the Landscaping Guide, therefore, are needed to provide such guidance, and are attached to this report. RECOMMENDATION (Item 9) Approval of the amendments to the Landscaping Guide is recommended. The amendments do not change any of the current guidance in the Landscaping Guide regarding landscape plantings or screening. The purpose is only to provide new guidance for acceptable permeable paving systems and covered bicycle parking referenced in the proposed amendments regulating off-street parking. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE Item #8 & 9 City of Virginia Beach — Parking and Landscape Guide Page 2 HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved items 8 & 9, on item 8 with the removal of "Parking Garage in the block" on line 417 of the amendment. Item 9 approved as submitted. Carolyn Smith presented this item before the Board. Robert Miller and Eddie Bourdon spoke in support of the amendment. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH —LANDSCAPING GUIDE, An Ordinance to amend the City Landscaping Guide by inclusion of amendments pertaining to bicycle parking and permeable paving system. MEETING DATE: February 22, 2011 ■ Background: The proposed amendments to the off-street parking regulations provided in Sections 203 of the City Zoning Ordinance include requirements for bicycle parking and permeable paving systems. Specifically, amendments refer in Sections 203(b)(9) to the use of permeable paving systems and in Section 203(b)(14) to covering of bicycle spaces. In both instances, the amendments direct the reader to the Landscaping Guide of the City of Virginia Beach for detailed guidance regarding the type of permeable paving systems and bicycle space shelters that are acceptable. Amendments to the Landscaping Guide, therefore, are needed to provide such guidance, and are attached to this report. ■ Considerations: Approval of the amendments to the Landscaping Guide is recommended. The amendments do not change any of the current guidance in the Landscaping Guide regarding landscape plantings or screening. The purpose is only to provide new guidance for acceptable permeable paving systems and covered bicycle parking referenced in the proposed amendments regulating off-street parking. There was 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. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. q ' Submitting Department/Agency: Planning Department City Manager: . 9 January 12, 2011 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO LANDSCAPING GUIDE REQUEST: An Ordinance to amend the Landscape Guide by the inclusion of amendments pertaining to bicycle parking and permeable paving systems. SUMMARY OF AMENDMENT The proposed amendments to the off-street parking regulations provided in Sections 203 of the City Zoning Ordinance include requirements for bicycle parking and permeable paving systems. Specifically, amendments refer in Sections 203(b)(9) to the use of permeable paving systems and in Section 203(b)(14) to covering of bicycle spaces. In both instances, the amendments direct the reader to the Landscaping Guide of the City of Virginia Beach for detailed guidance regarding the type of permeable paving systems and bicycle space shelters that are acceptable. Amendments to the Landscaping Guide, therefore, are needed to provide such guidance, and are attached to this report. RECOMMENDATION Approval of the amendments to the Landscaping Guide is recommended. The amendments do not change any of the current guidance in the Landscaping Guide regarding landscape plantings or screening. The purpose is only to provide new guidance for acceptable permeable paving systems and covered bicycle parking referenced in the proposed amendments regulating off-street parking. CITY OF VIRGINIA BEACH - LANDSCAPE GUIDE Agenda item 9 Page 1 1 AN ORDINANCE TO AMEND THE 2 LANDSCAPE GUIDE BY THE INCLUSION OF 3 AMENDMENTS PERTAINING TO BICYCLE 4 PARKING AND PERMEABLE PAVING 5 SYSTEMS 6 7 WHEREAS, on June 9, 2010, the Planning Commission held a public hearing 8 concerning the amendment of the Landscape Guide to include provisions pertaining to 9 bicycle parking and permeable paving systems, as set forth in the attached Exhibit 1, 10 and at the conclusion of such public hearing, recommended that the Landscape Guide 11 be so amended, and 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 19 That the Landscape Guide of the City of Virginia Beach be, and hereby is, 20 amended and reordained to incorporate the amendments set forth in the attached 21 Exhibit 1. 22 23 COMMENT 24 25 The ordinance amends the Landscape Guide to include provisions pertaining to bicycle 26 parking and permeable paving systems. 27 28 Adopted by the Council of the City of Virginia Beach on this day of 29 , 2011. CA 11506 R-2 January 4, 2011 APPROVED AS TO LEGAL SFFICIEN Y: /;ZN City Attorney's Office Item #8 & 9 City of Virginia Beach Amendment to Sections 203 and 236 — Parking Amendment to Landscaping Guide January 12, 2011 APPROVED SUMMARY OF AMENDMENT (Item 8) The Green Ribbon Implementation Committee developed directives for Staff to research techniques to improve water quality throughout Virginia Beach. Several of these specific directives included: modifying excess parking requirements, setting both minimum and maximum number of parking spaces, facilitating shared and offsite parking, establishing motorcycle and bicycle parking requirements, and increasing the number of compact parking spaces available. Recommendations were developed with input from stakeholders including representatives from the Virginia Beach Chamber of Commerce, the Retail Alliance, the Tidewater Builders Association, Virginia Beach Vision, the Resort Advisory Committee, the Virginia Beach Economic Development Authority and Lynnhaven River NOW. The goal of these amendments is to minimize impervious surfaces in parking lots, reduce stormwater management needs for new projects, decrease heat generated on a site and reduce development costs. The major revisions include the adoption of limits to parking to as a set amount of parking, allowing 50 percent more parking than the minimum required. The revisions also include new requirements for motorcycle parking and bicycle spaces for certain uses. The use of parking agreements to encourage shared parking where feasible is encouraged by the proposed amendments. RECOMMENDATION (Item 8) Staff recommends approval of these amendments. The amendments are the result of extensive work over the past year with stakeholders and the public, and provide an update to the City's development regulations that reflect a more sustainable approach toward parking. SUMMARY OF AMENDMENT (Item 9) The proposed amendments to the off-street parking regulations provided in Sections 203 of the City Zoning Ordinance include requirements for bicycle parking and permeable paving systems. Specifically, amendments refer in Sections 203(b)(9) to the use of permeable paving systems and in Section 203(b)(14) to covering of bicycle spaces. In both instances, the amendments direct the reader to the Landscaping Guide of the City of Virginia Beach for detailed guidance regarding the type of permeable paving systems and bicycle space shelters that are acceptable. Amendments to the Landscaping Guide, therefore, are needed to provide such guidance, and are attached to this report. RECOMMENDATION (Item 9) Approval of the amendments to the Landscaping Guide is recommended. The amendments do not change any of the current guidance in the Landscaping Guide regarding landscape plantings or screening. The purpose is only to provide new guidance for acceptable permeable paving systems and covered bicycle parking referenced in the proposed amendments regulating off-street parking. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE Item #8&9 City of Virginia Beach — Parking and Landscape Guide Page 2 HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved items 8 & 9, on item 8 with the removal of "Parking Garage in the block" on line 417 of the amendment. Item 9 approved as submitted. Carolyn Smith presented this item before the Board. Robert Miller and Eddie Bourdon spoke in support of the amendment. L. APPOINTMENTS BOARD OF ZONING APPEALS COMMUNITY MEDICAL ADVISORY COMMISSION ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION REVIEW AND ALLOCATION COMMITTEE THE PLANNING COUNCIL TIDEWATER YOUTH SERVICES COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2011-2012 RESOURCE MANAGEMENT PLAN "BUDGET" March 15 School Board votes on School Budget March 29 City Manager presents Proposed Budget to City Council April 6 Open House - (Convention Center) April 21 Public Hearing (Green Run High School) April 26 Public Hearing (Council Chamber) May 3 Reconciliation Workshop (Conference Room 234) May 10 Adoption CITY OF VIRGINIA BEACH CITY MANAGER'S BRIEFING: SUMMARY OF COUNCIL ACTIONS WASTE MANAGEMENT PROGRAM Dave Hansen, DATE: 2/8/2011 B Deputy City PAGE: 1 E D S Manager L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D I CITY MANAGER'S BRIEFING: WASTE MANAGEMENT PROGRAM Dave Hansen, Deputy City Manager II/1 CITY COUNCIL DISCUSSION: FUNDING: Virginia Beach City Public Schools III/IV/V/VI CERTIFICATION OF CLOSED NO CLOSED /VII/E SESSION SESSION HELD F/ G/ MINUTES —January 25, 2010 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y H/1 PUBLIC HEARING NO SPEAKERS LEASE OF CITY PROPERTY— deWitt Cottage 1113 Atlantic Avenue J/1 Ordinance to AUTHORIZE lease ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y renewal with Back Bay Wildfowl Guild CONSENT for the deWitt Cottage at 1113 Atlantic Avenue 2 Ordinance to AMEND FY 2010-11 ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y �r Budget/AUTHORIZE CONSENT transfers/appropriations withinFederal Housing Assistance Grant of Housing and Neighborhood PreservationAMEND Annual Funding Plan for the Use of Federal Funds". K-1 ROBERT L. NELSON/BARBARA N. DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y GRAY T/A WEST LANDING INDEFINITELY, MARINE Modification ofCondition re BY CONSENT watercraft at 2748 West Landing Road (DISTRICT 7- PRINCESS ANNE) 2 GMJ INVESTMENTS, APPROVED AS 10-0 Y Y Y Y Y Y Y A Y Y Y LLC/WIZARD SERVICES, INC. at PROFFERED/ 300/301 Centre Point Drive (DISTRICT 2 CONDITIONED BY — KEMPSVILLE) CONSENT Modification of Proffers Nos. 1/2 (approved 6/19/94) Request forCUP to allowprivate colleges/universities CITY OF VIRGINIA BEACH TAILWIND DEVELOPMENT APPROVED AS 10-0 Y Y Y Y Y Y Y A SUMMARY OF COUNCIL ACTIONS Y Y GROUP, LLC/CITY OF VIRGINIA PROFFERED, BY DATE: 2/8/2011 B BEACH COZ from PD -Hl to 0-2 at CONSENT PAGE: 2 E D S Independence Boulevard/Princess Anne 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 N T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D 3 TAILWIND DEVELOPMENT APPROVED AS 10-0 Y Y Y Y Y Y Y A Y Y Y GROUP, LLC/CITY OF VIRGINIA PROFFERED, BY BEACH COZ from PD -Hl to 0-2 at CONSENT Independence Boulevard/Princess Anne Road (DISTRICT 3— ROSE HALL) 4 Resolution toAUTHORIZE ADOPTED AS 9-1 Y Y Y Y Y N Y A Y Y Y MILITARY AVIATION MUSEUM to REQUESTED BY erect Roadside Guide Signs along APPLICANT Occana Boulevard/General Booth 7 ROADSIGNS Boulevard/ (DISTRICT 6) Princess Anne 2 WARNING Road, (DISTRICT 7) SIGNS 5 Ordinance to EXTEND date for ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y BONNEY G. BRIGHTto satisfy CONSENT Conditions 2/3/4 (approved 2/9/10) for closure of portion of Pocahontas Club Road (DISTRICT 7— PRINCESS ANNE) 6 Ordinance of CITY to AMEND Section ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y 111 of CZO re bar/nightclub CONSENT requirements L. APPOINTMENTS: BOARD OF ZONING APPEALS RESCHEDULED B Y C O N S E N S U S COMMUNITY MEDICAL ADVISORY COMMISSION ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION RESORT ADVISORY COMMISSION TIDEWATER YOUTH SERVICES COMMISSION M/N/0 ADJOURNMENT 6:35PM PUBLIC COMMENT 6:36-6:41PM I SPEAKERS