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JANUARY 10, 2012 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WlLLIAIvI D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside -District -1 GLENN R. DAMS, Rose Hall -District 3 WLL/./AM R. DeSTEPH, At-Large HARKY E. D/ELFI„ Kemprville -District 2 ROBERT M. DYIiR, Centerville -District / BARBARA M. HL'NLEY, Princess Anne -District 7 JOHN D. MOSS: At-/,arge .IOHN E. UHRlti', Beach -District 6 ROSF,MARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE C/TYA7TORNliY-MARK D. STILES CITY ASSESSOR -JF,RALD D. BANAGAN CITY AUD/TOR - LYNDON S. RIiMIAS CITY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 10 JANUARY 2012 CITY HALL BUILDIA 2401 COURTHOUSE DR/! VIRG/NIA BEACH, VIRGINIA 23456-80~ PHONE: (757) 385-43 FAX (757) 385-56 E-MAIL: Ctycncl@vbgov.cc I. CITY MANAGER'S BRIEFINGS -Conference Room- 3:00 PM A. COMPARATIVE INDICATORS TO OTHER HAMPTON ROADS CITIES David Bradley, Management Services Administrator -Management Services B. LYNNHAVEN ENVIRONMENTAL RESTORATION Clay Bernick, Environment and sustainability Administrator -Planning II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 4:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA December 13, 2011 H. MAYOR'S PRESENTATIONS 1. RESOLUTION OF RECOGNITION a. PLAZA VOLUNTEER FIRE AND RESCUE - 50th Anniversary William J. Walker, Captain 2. VICTIM WITNESS PROGRAM OF THE YEAR AWARD Mary Ware, Director -Virginia Criminal Injuries Compensation Fund Harvey Bryant, Commonwealth's Attorney 3. IIMC DESIGNATION -Master Municipal Clerk Sandi Thompson -Deputy City Clerk II I. CONSENT AGENDA ORDINANC E S/RE S OLUTI ON Ordinances to AMEND the City Code: a. Sections 16-44, 16-45, 16-47, 16-48, 16-49, 16-51 and 16-54 re definitions, eligibility requirements, initial sales, discounts, maximum prices and resales of Workforce Housing units b. Section 21-407 re charges for towing and storage of vehicles 2. Ordinance re SALE of School Board property for the Thalia Transfer Station and ALLOW the School Board to retain the sale proceeds in a capital improvement fund Ordinance to RESCIND Ordinance 2898A (approved October 11, 2005) re authorized acquisition of property by agreement or condemnation for expansion of the City's landfill 4. Resolution to REQUEST the Director of Department of Environmental Quality (DEQ) to DESIGNATE the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, the Counties of Isle of Wight and Southampton and the Towns of Boykins, Branchville, Capron, Courtland, Ivor, Newsoms, Smithfield and Windsor as the Regional Solid Waste Management Unit and DESIGNATE the Hampton Roads Planning District Commission (HRPDC) as the Regional Solid Waste Management Unit Agency Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned right-of- way, known as Lake Wesley, for DAVID I. ANSELL to maintain an existing wood fence and fixed pier, construct and maintain a boat life, mooring piles, float, access ramp and a fixed pier at the front and/or rear of 517 Virginia Dare Drive 6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $230,500 from the Department of Homeland Security to the Police Department re equipment to enhance the response capabilities of their Marine Unit b. $206,828 from the Virginia Department of Health, Office of Emergency Medical Services, to EMS re additional rescue equipment medical supplies c. $97,000 from the Commonwealth of Virginia and $108,426 from the General Fund Reserve for Contingencies to the General Registrar to fund the March 2012 Presidential Primary Election d. Funds within the FY 2011-12 School Budget 1) $213,203 from Instruction to Technology 2) $172,803 from Administration to Technology 3) $ 8,264 from Operations and Maintenance to Technology 4) $ 8,157 from Technology to Operations and Maintenance e. Donation of $54,000 in medical supplies and equipment from the Hampton Roads Planning District Commission (HRPDC) to convert an existing mass casualty vehicle of Emergency Medical Services (EMS) to a disaster medical support unit K. PLANNING Application of STEVE'S TOWING, INC./W. CECIL CARPENTER FAMILY TRUST for a Conditional Use Permit re bulk storage of motor vehicles at 5890 Thurston Avenue. DISTRICT 4 -BAYSIDE RECOMMENDATION .APPROVAL 2. Applications of ARAGONA CHURCH OF CHRIST at 527 North Witchduck Road. DISTRICT 4 -BAYSIDE a. Change of Zoning District Classification from R-7.5 Residential to Conditional PD- H2 Planned Unit Development Overlay with underlying A-12 Apartment b. Conditional Use Permit re a religious use STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION DENIAL APPROVAL Application of LBH, LLC/VIRGINIA BEACH ASSOCIATES, L.C. for a Change of Zoning District Classification from I-1 Industrial to Conditional A-36 Apartment at 400 and 402 Military Highway DISTRICT 1 - CENTERVILLE STAFF RECOMMENDATION DEFERRAL 4. Application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC. for a Modification of Proffers on Conditional Change of Zoning at Princess Anne Road Village B, South side of Ashville Park DISTRICT 7 -PRINCESS ANNE RECOMMENDATION DEFERRAL Application of NEW CINGULAR WIRELESS, LLC - T/A AT&T for a Modification of Condition No. 2 on a Conditional Use Permit (approved April 13, 2010) re a wind loading requirement at 408 Sandbridge Road DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 6. Ordinance to AMEND Sections 2100 and 2102 of the City Zoning Ordinance (CZO) pertaining to the purpose and intent of Article 21 (Workforce Housing) re definitions and eligibility requirements RECOMMENDATION APPROVAL L. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD PARKS AND RECREATION COMMISSION PLANNING COMMISSION SOCIAL SERVICES ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL JANUARY 2012 GOAL SETTING WORKSHOP LOCATION: SANDLER CENTER DATES: TUESDAY/WEDNESDAY, JANUARY 17 -18 8:30AM-5PM 2012 CITY HOLIDAYS Monday, January 16 Martin Luther King, Jr. Day Monday, May 28 Memorial Day Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day Agenda O1/10/2012gw I. CITY MANAGER'S BRIEFINGS -Conference Room- 3:00 PM A. COMPARATIVE INDICATORS TO OTHER HAMPTON ROADS CITIES David Bradley, Management Services Administrator -Management Services B. LYNNHAVEN ENVIRONMENTAL RESTORATION Clay Bernick, Environment and sustainability Administrator -Planning II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 4:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi Israel Zoberman Beth Chaverim Synagogue 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 December 13, 2011 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATIONS RESOLUTION OF RECOGNITION a. PLAZA VOLUNTEER FIRE AND RESCUE - 50th Anniversary William J. Walker, Captain 2. VICTIM WITNESS PROGRAM OF THE YEAR AWARD Mary Ware, Director -Virginia Criminal Injuries Compensation Fund Harvey Bryant, Commonwealth's Attorney 3. IIMC DESIGNATION -Master Municipal Clerk Sandi Thompson -Deputy City Clerk II l/~ 1LJ~ ®~ lL.d~ 1L JL ®1 ~Y yY3l~'R~.~.5; Plaza Yolunteer,~'ire Company arulRescue Squadwas originally establrshedas the "Lynnhaven YolunteerJ'ire Company"in February 1962 6y twenty-three men of the Bow Creek Presbyterian Ch'urch' an~f6ecame incorporate<lin .~pring62 in name only, with nofire or rescue equ~ent,• 1.1'3l~'R~.~5; In late 1962, the name was changedto Plaza YolunteerJ'ire Company to minimize confusion with the London Bri~ e andOceanaFire Companies an~lin r~larcli Ig63 theypurchaseda Ig46Fordr'Ylaxim Pumper 7ruckfor ssoo that was kept in the driveway f the Fire Chiefon .~ppian avenue. In .~prillg63 they were a6l topurchase a 1938 G~ICSkid Pum• p 2"ruck that was kit in another Volunteers driveway,' 1•f'3l~R.~.~ 5; In S~tember 1g6,3, the fiYSt 6ui~ng was comp! tedto !rouse the equ~ent, boil on landdonatedbyJohn .s~ragona at the corner fSilina Drive and Rosemont Roa~an~ in .s'iugust Ig6.s a 6-year-olifCadzllac amdulancejoinedthefleet and seriousfirst aidtraining began due to the rise in rescue calls,' 7Y31~"R.~S, In Ig6~ they movedto the current quarters bztil on land~natedbyJohn .~ragona andothers in the community andchangedtheir name to Plaza YolunteerFire Company andRescue Squaw ~l'.71~'R~.f15; day, there are ninetyfouractive ~erationalandadminrstrative members operatingfourstate-of-the-art.~dvancedl'ife Support ambulances andone 3leavy/?eclznical7Zescue Squad~ruc,~ .r'~temberslioldcert~'cations rangingfrom ~~12'Basic to ~.r'1~I~Paramedc. each perationalmemberprovufs aminimum f48 hours of volunteer serviceper mont`y ~3'3l~'R~.f7_S; Ofthe approximately33,ooo annualCitywi~ ~'.r'~IScallrforservice, Plaza volunteers routinely hand! approximately.s, o00 of these relining in approximately 4 000 transports to l calemergency rooms, averaging seventeen callrfor serviceper day, and nearly 16 0 ofallCitywuf calGforservice,• and ~f'3l~'RBs1S, Virginia Beach leas the largest Volunteer Rescue Squadsystem in the ZlnitedStates with ten all=volunteersquadr comprised foverlooo members wlioprovi~ emergency care to moo, ooopermanent resi~nts andmillons of visitors at no cast to the patient. .91r0~1; ?3l~'R.~FOR.~; B~' I2" R,~S01'Y~'D By ~31~' COZL~CIl OF ?3l~' CI?l~ OF YIRCI.r'YZ~ BE.AC9i; YIRCjL9VI~ that Plaza YolunteerFire Company and Rescue Squad•is hereby commend dforF~y years of invaluable service to the Citizens andvrsitors of the City andcongratulates them on this; theirF~ietfi •~rcniversary cel6ratum. C~'iven and r our hands this 3 d day oflanuary, aolz !'mmn/mnn r;laaxt m. Davis CaunciG~`Wi!liam R; 'Bil! DeStepk f` ~~ ' S' ``~` MARY VAIL WARE ;} _ r ``.;;~>>v,:,a DIRECTOR Criminal Injuries © Cc~mpensatian fund Easing the Barden for Crme Victims Post Office Box 26927 Richmond, VA 23261 800.552.4007 877.349.1719 (Fax) November 22, 2011 Mr. James K. Spore, City Manager City of Virginia Beach Municipal Center Building 1, Room 234 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Mr. Spore: Please allow me to introduce myself. My name is Mary Vail Ware and I am the Director of the Virginia Criminal Injuries Compensation Fund (CICF). am pleased to advise you that Virginia Beach's Victim and Witness Assistance Program was recently recognized by the Fund as its Program of the Year. This award is presented annually by CICF at the Virginia Network of Victims and Witnesses to Crime conference. The Program of the Year Award is presented to a victim witness program that: 1) has a high number of applications to the Fund on behalf of victims of violent crime relative to the local population and crime rate, 2) monitors the CICF process to ensure that information is exchanged so claims can be paid quickly, and 3) is clearly engaged in the recovery of victims within the community. I would be very happy to travel to Virginia Beach to present this award to the Victim/Witness Program in the presence of the Virginia Beach City Council should you wish for this program to receive recognition for their good work locally. .~~ I offer congratulations and thanks to the City of Virginia Beach for supporting such a valuable program for its citizenry. Please do not hesitate to contact me should you have any questions or wish to make arrangements for local presentation of the award. Sincerely, ary Vail Ware, MSW Director cc: The Honorable Harvey L. Bryant III, Commonwealth's Attorney Corey J. Burdin, Virginia Beach Victim/Witness Assistance Program /ns~in ~~ co -~ ..... Hereby Confers The Designation of Masten Municipal CLeRk Upon Sandra Thompson, MMC In Fulfillment Of Requirements Prescribed By The International Institute Of Municipal Clerks. ii December Zo» Certified This Day Of t~t,~' rTr„t ~..o ~,aonr IIMC Directar of E ucatiun I. CONSENT AGENDA ORDINANCES/RESOLUTION Ordinances to AMEND the City Code: a. Sections 16-44, 16-45, 16-47, 16-48, 16-49, 16-51 and 16-54 re definitions, eligibility requirements, initial sales, discounts, maximum prices and resales of Workforce Housing units b. Section 21-407 re charges for towing and storage of vehicles 2. Ordinance re SALE of School Board property for the Thalia Transfer Station and ALLOW the School Board to retain the sale proceeds in a capital improvement fund 3. Ordinance to RESCIND Ordinance 2898A (approved October 11, 2005) re authorized acquisition of property by agreement or condemnation for expansion of the City's landfill 4. Resolution to REQUEST the Director of Department of Environmental Quality (DEQ) to DESIGNATE the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, the Counties of Isle of Wight and Southampton and the Towns of Boykins, Branchville, Capron, Courtland, Ivor, Newsoms, Smithfield and Windsor as the Regional Solid Waste Management Unit and DESIGNATE the Hampton Roads Planning District Commission (HRPDC) as the Regional Solid Waste Management Unit Agency 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned right-of- way, known as Lake Wesley, for DAVID I. ANSELL to maintain an existing wood fence and fixed pier, construct and maintain a boat life, mooring piles, float, access ramp and a fixed pier at the front and/or rear of 517 Virginia Dare Drive 6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $230,500 from the Department of Homeland Security to the Police Department re equipment to enhance the response capabilities of their Marine Unit b. $206,828 from the Virginia Department of Health, Office of Emergency Medical Services, to EMS re additional rescue equipment medical supplies c. $97,000 from the Commonwealth of Virginia and $108,426 from the General Fund Reserve for Contingencies to the General Registrar to fund the March 2012 Presidential Primary Election d. Funds within the FY 2011-12 School Budget 1) $213,203 from Instruction to Technology 2) $172,803 from Administration to Technology 3) $ 8,264 from Operations and Maintenance to Technology 4) $ 8,157 from Technology to Operations and Maintenance e. Donation of $54,000 in medical supplies and equipment from the Hampton Roads Planning District Commission (HRPDC) to convert an existing mass casualty vehicle of Emer~ency Medical Services (EMS) to a disaster medical support unit ~ ~HU:~~ h~~ F~ ~,,~ f si '~~~ ~~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Amend Sections 16-44, 16-45, 16-47 16-48, 16-49, 16-51 and 16-54 of the City Code, Pertaining to Definitions, Eligibility Requirements, Initial Sales, Discounts, Maximum Prices and Resales of Workforce Housing Units MEETING DATE: January 10, 2012 Background: Since the City Council originally adopted the Workforce Housing Program ordinances in 2007, the Department of Housing and Neighborhood Preservation staff have identified potential City Code amendments that that would either conform the program to current conditions or change the program to work more effectively. Considerations: The proposed amendments would make the following changes in the program: 1. Lower the minimum eligible income level for renters applying to rent housing units developed under the rental component of the WFH program. The proposal is to lower the minimum income allowable under the program from sixty (60) percent to forty (40) percent of Area Median income (AMI). This change is recommended in order to allow developers who are utilizing Federal low income housing tax credits (LIHTC), HOME funds, or any other affordable housing funding source for the development of affordable housing units to qualify for the WFH program. A chart illustrating the current and proposed income limits adjusted for household size is attached (Attachment A). Also provided (Attachment 6) is a list of actual current employees of major area employers who would qualify under the new proposed limit. 2. Reduce the amount due to the city from developers when units cannot be sold to eligible buyers and are allowed to be sold at market rate. Currently, in the event an eligible buyer is not found to purchase any WFH unit within the time frame prescribed in the ordinance, developers are allowed to sell the unit on the open market, and pay the city the value of the workforce housing discount. The current ordinance does not take into consideration the costs to the developer for having to sell a WFH unit on the open market. Requiring the developer to pay the WFH discount, plus an additional sales commission and closing costs, imposes an unanticipated financial burden on the developer. The attached chart illustrates the cost to the developer when a WFH unit is sold on the open market under the current ordinance and under the proposed ordinance (Attachment C). 3. Allow the city's WFH deed of trust to be in third position only when a first and second deed of trust are both held by the Virginia Housing Development Authority (VHDA). In order for an eligible buyer of a WFH unit to obtain an FHA Plus loan Workforce Housing Program Page 2 of 2 from the VHDA, the city's WFH deed of trust would have to be recorded in third position. 4. Allow for the inclusion of a mortgage insurance premium in the definition of "affordable" as well as in the factors that the maximum sales prices of WFH units are based upon. Due to changes in both the housing market and lending industry, all FHA loans with aloan-to-value, or combined-loan-to-value ratio greater than seventy-eight (78) percent, now require mortgage insurance for five (5) years. 5. Terminate the resale restrictions when an owner of a WFH unit is permitted to sell the unit on the open market. In the event of the resale of a WFH unit, if the City decides not to exercise its right to purchase, or cannot provide an eligible buyer from the waiting list, the owner then has the right to sell the unit on the open market to any person or entity. Obviously, the city's resale restrictions would not carry forward to the new owner; however, the ordinance does not clearly state that the resale restrictions terminate. 6. Allows the Director of Housing and Neighborhood Preservation to approve maximum rents that are higher than those established by the Workforce Housing Advisory Board if those rents are required by the affordable housing funding source. The current LIHTC rents are either lower than the Workforce Housing rents, or not more than one dollar higher. The Workforce Housing Advisory Board recommended adoption of the proposed amendments at its September 19, 2011 meeting. Public Information: The ordinance will be advertised as a normal agenda item of the City Council. Alternatives: The ordinance presented today represents the consensus of the WFHAB and city staff regarding the aforementioned amendments. The amendments are needed to: (1) allow developers utilizing affordable housing funding sources to participate in the WFH program, or (2) prevent an unanticipated financial burden for developers when an eligible buyer cannot be found to purchase a WFH unit, or (3) conform the program to current housing financing conditions. Recommendations: Adoption of the ordinance. Attachments: Ordinance, Income Guidelines (Attachment A), List of Actual Current Employees at 40%-60% AMI (Attachment B), Cost to Developer if WFH Unit Sold on Open Market (Attachment C). Recommended Action: Approval Submitting Department/Agency: ~ artment of Housing and Neighborhood Preservation City Manager: f 1 AN ORDINANCE TO AMEND SECTIONS 16-44, 16-45, 16- 2 47, 16-49, 16-51 AND 16-54 OF THE CITY CODE, 3 PERTAINING TO DEFINITIONS, ELIGIBILITY 4 REQUIREMENTS, INITIAL SALES, DISCOUNTS, 5 MAXIMUM PRICES AND RESALES OF WORKFORCE 6 HOUSING UNITS 7 8 Sections Amended: City Code Sections 16-44, 16-45, 16- 9 47, 16-49, 16-51 and 16-54 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 h 4 That Sections 16-44, 16-45, 16-47, 16-49, 16-51 and 16-54 of the Code of the 15 City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: 16 17 DIVISION 1. GENERAL PROVISIONS 18 .... 9 Sec. 16-44. Definitions, explanatory material. 20 As used in this article, the following terms shall have the meanings set forth in 21 this section. Where explanatory material is provided, such terms shall be construed in a 22 manner consistent with such material: 23 24 Affordable. Housing is generally considered affordable if no more than 25 approximately thirty (30) percent of the annual gross income of the purchaser or renter 26 is spent on direct housing costs. For purchasers, such costs include mortgage principal, 27 interest, taxes and homeowner's insurance, mortgage insurance premiums, mandatory 28 homeowners' association dues and condominium fees, but do not include utilities or 29 other related housing costs. With respect to rentals, such costs include rent payments 30 and an allowance for tenant-paid utilities other than cable television and telephone 31 service but do not include other related housing costs. r32 .... 33 Eligible renter. A household whose workforce housing application has been 34 approved and who meets the requirements of section 16-51. Such requirements 35 include, among other things, the household's gross annual income, financial assets, and 36 location in which an adult, non-dependent household member lives and works. In order 37 to qualify to rent a workforce housing unit, a household's annual gross income must 38 generally be between ~d~9} fort 40 percent and ninety (90) percent of AMI or, 39 where the building contains an elevator, between sNd~A3 fort 40 percent and one 40 hundred (1~ percent of AMI. 41 .... 42 43 Net appreciation. The amount of the resale price of a workforce housing unit, 44 less the total amount of: (i) the original principal amount of the first mortgage loan on the 45 unit, (ii) the principal amount of the workforce housing deed of trust note and of 46 VHDA-held second deed of trust note if VHDA also holds the first deed of trust on the 47 unit, (iii) closing costs actually paid by the eligible buyer in connection with the purchase 48 of the unit, (iv) the eligible buyer's down payment, (v) the appraised value of any capital 49 improvements approved by the director of housing and neighborhood preservation, and 50 (vi) the reasonable and customary sales commission paid by the eligible buyer. 51 52 .... 53 54 Workforce housing or workforce housing unit. Dwellings or dwelling units, 55 whether single-family dwellings, duplexes, semi-detached dwellings, townhouses or 56 multiple-family dwelling units, approved by the city council pursuant to article 21 of the 57 city zoning ordinance. Such housing is generally affordable to households with working 58 members who live or work in the City of Virginia Beach. `^~~+" r°~^°^+ +n hnm° 59 60 61 62 , 63 64 65 66 Workforce housing deed of trust. A deed of trust securing the repayment of the 67 loan made by the city to an eligible buyer, representing the workforce housing discount, 68 plus the shared net appreciation of the unit. 69 70 , 71 72 73 COMMENT 74 75 The amendment to the term "affordable" changes the definition of the term to include 76 mortgage insurance premiums as one of the expense items that are included in determining 77 affordability. 78 2 79 The amendment to the term "eligible renter" reduces the threshold income for eligibility for 80 rentals of workforce housing from 60% of Area Median Income (AMn to 40% of AMI. There is 81 one other stylistic change in the definition that is not substantive in nature. 82 83 The amendments to the definitions "workforce housing or workforce housing unit" and 84 "workforce housing deed of trust" delete language that is unnecessary to define those terms, as the 85 same language appears elsewhere in Chapter 16 . 86 87 88 DIVISION 2. SALE AND OWNERSHIP OF WORKFORCE HOUSING 89 90 Sec. 16-45. Initial sales of workforce housing units. 91 (a) The city shall have the right to purchase workforce housing units offered 92 for initial sale as follows: 93 (1) The city shall have an exclusive right to purchase any workforce 94 housing unit, not to exceed a total of one-third (1/3) of the 95 workforce housing units for sale within a development, by so 96 notifying the developer of the unit within thirty (30) days from the 97 date on which the city is notified that the workforce housing unit is 98 available for initial sale. If the city does not timely exercise its right 99 to purchase the unit, it may be sold to an eligible buyer. 100 (2) Any workforce housing unit the city has not elected to purchase 101 shall be offered for sale exclusively to eligible buyers for a period of 102 sixty (60) days from the date on which the city's right to purchase 103 the unit expires. Upon the expiration of such time, any such unit not 104 sold to the city or to an eligible buyer may be offered for sale 105 without restriction, provided, that when such a unit is sold, the 106 developer shall pay to the city the difference between the actual 107 sales price and the price as reduced by the amount of the 108 workforce housing discount, less any additional sales commission 109 actually paid by the developer up to a maximum of two (2) percent 110 of the sales price and any closing cost assistance actually paid on 111 behalf of the buyer up to a maximum of three (3) percent of the 112 purchase price. 113 (b) The procedure for initial sales of workforce housing units to be purchased 114 by an eligible buyer shall be as follows: 115 (1) A developer who has reached an agreement with an eligible buyer 116 to sell a specific workforce housing unit to such eligible buyer as an 117 initial sale shall notify the city that the developer and eligible buyer 3 118 have reached an agreement regarding the purchase of the unit. 119 The city shall, either before or after it receives such notification, 120 verify the eligible buyer's continued eligibility under section 16-46 121 (2) In the event the eligible buyer continues to meet such 122 requirements, the developer and city shall enter into an agreement 123 pursuant to which the developer agrees to sell the unit to the 124 eligible buyer at a price incorporating the workforce housing 125 discount (the "discounted sales price"). The developer shall not be 126 entitled to receive any portion of the monies representing the 127 workforce housing discount. 128 (3) The city and eligible buyer shall also enter into an agreement 129 pursuant to which the city will finance, by means of a workforce 130 housing deed of trust, the difference in value between the fair 131 market value of the workforce housing unit and the discounted 132 sales price. Such agreement shall further provide, among other 133 things, that that the city shall have the right to repurchase the unit 134 upon resale, or to assign such right to an eligible buyer, in 135 accordance with the provisions of section 16-49 136 (4) The workforce housing deed of trust shall: (i) secure repayment to 137 the city of the workforce housing discount, plus the shared net 138 appreciation; iii) carry a zero percent interest rate; {+~) iii be 139 subordinate only to the lender's first deed of trust or, in the event 140 the property is financed by means of first and second deeds of trust 141 held by the Virginia Housing Development Authority (VHDA), to 142 such deeds of trust; and {+i+ iv) provide that the eligible buyer shall 143 make no payments of principal on the indebtedness secured by the 144 workforce housing deed of trust until the eligible buyer sells or 145 otherwise divests his or her interest in the workforce housing unit. 146 147 COMMENT 148 149 The amendment to Subsection (a) (2) provides that a developer who sells a workforce 150 housing unit that the City has elected not to purchase is entitled to certain deductions from the 151 amount he is required to pay the City. The added deductions are the additional sales commission 152 paid by the developer, up to a maximum of 2% of the sales price, and any closing cost assistance 153 paid on behalf of the buyer up to a maximum of 3% of the purchase price. 154 155 The amendment to Subsection (b)(4) provides that the City's Workforce Housing Deed of 156 Trust is subordinate to a purchase money first deed of trust and, if the VHDA has financed the 4 157 purchase of the property by taking first and second deeds of trust on the property, the WFH Deed 158 of Trust would be subordinate to both of those deeds of trust. 159 .... 160 161 Sec. 16-47. Workforce housing pricing. 162 163 (a) Workforce housing shall be priced so as to be affordable for purchase by a 164 household with a gross annual income between eighty (80) percent and one hundred 165 twenty (120) percent of area median income, adjusted for household size. Semi- 166 annually, the workforce housing advisory board shall establish maximum sales prices 167 for workforce housing units based upon current area median income, prevailing 168 mortgage interest rates in the area, real estate tax rates, homeowner's insurance rates, 169 housing ratios, mortgage insurance premiums, condominium and homeowners' 170 association fees and other costs and fees as dictated by the housing market, and the 171 size of targeted households. In determining whether to grant approval pursuant to 172 article 21 of the city zoning ordinance of a proposed development that includes 173 workforce housing, the city council shall determine whether the proposed pricing of the 174 workforce housing within such development meets the requirements of this section. 175 176 (b) The department of housing and neighborhood preservation shall make 177 available to prospective developers of workforce housing a spreadsheet planning tool to 178 assist in determining if a specific development meets the requirements of this section. 179 COMMENT 180 181 The amendment adds the underlined items to the factors to be considered by the Workforce 182 Housing Advisory Board in determining the maximum sales price of workforce housing units in the 183 City. 184 Sec. 16-49. Resale of workforce housing units. 185 (a) Prior to offering a workforce housing unit for resale, the owner shall notify 186 the city of the owner's intent to sell the unit. The city shall notify the unit owner of its 187 intention to purchase the unit within thirty (30) days from the date on which the owner's 188 notice of intent to sell was received by the city. In the event the city determines to 189 purchase the unit upon resale, it shall have the right to assign the contract to an eligible 190 buyer. 191 (b) The city shall tender to the unit owner an offer to purchase such unit at its 192 fair market value. The fair market value shall be determined by appraisal. Such 193 appraisals shall be performed by licensed Virginia real estate appraisers selected by the 194 city as follows: 5 195 The city and workforce housing unit owner shall attempt to agree upon an 196 appraiser, who shall determine the fair market value of the workforce housing unit 197 as of the date of the actual or anticipated sale. If the parties are unable to agree 198 upon an appraiser within ten (10) days, the parties shall each have an appraisal 199 made by an appraiser of its choice to establish the fair market value. If the two 200 competing appraisals are within ten (10) percent of each other, the midpoint 201 between the two shall be considered the fair market value. If the two appraisals are 202 not within ten (10) percent of each other, the parties shall agree on a third 203 appraiser, and such appraiser's valuation shall be controlling as to fair market 204 value. If the parties cannot agree on a third appraiser, the city shall have the right 205 to appoint a qualified appraiser and such appraisal shall be controlling as to fair 206 market value. The parties shall share equally in the cost of joint appraisals and 207 shall be solely responsible for the cost of any other appraisals. 208 (c) In the event the city decides not to purchase or assign its right to purchase 209 the unit, it shall so notify the owner in writing, who shall thereafter have the right to sell 210 the unit to any other person or entity. In such event, the provisions of this section shall 211 not thereafter apply to any subsequent resale of the unit. 212 (d) In the event the city purchases or assigns its right to purchase a workforce 213 housing unit from the owner of such unit, it shall make such unit available for sale to 214 another eligible buyer for a period of at least ninety (90) days. The city shall notify the 215 eligible buyers on its prescreened list of the availability of the unit. 216 (e) In the event an eligible buyer enters into a contract to purchase the unit 217 within the ninety-day period, the city shall determine whether such eligible buyer 218 continues to so qualify. If such eligible buyer continues to meet the eligibility 219 requirements of section 16-46, the owner of the unit shall enter into a contract with the 220 city and, if applicable, the city's assignee, to purchase the unit at the fair market value 221 thereof, as determined pursuant to subsection (b). The contract shall further provide 222 that: (i) the amount of the workforce housing discount, plus the shared net appreciation 223 of the unit, shall be repaid to the city upon resale of the unit; and (ii) that the city shall 224 have the right to repurchase the unit, or to assign such right to an eligible buyer, in 225 accordance with the provisions of this section. 226 (f) At settlement, the principal amount of the outstanding workforce housing 227 deed of trust note, plus the shared net appreciation of the unit, as defined in section 16- 228 44, shall be repaid to the city from the proceeds of the resale of the unit. All such 229 monies shall be deposited into the workforce housing revolving fund. 230 ~ The city shall finance a portion of the purchase price equal to the amount 231 of the new workforce housing discount by means of a note secured by a workforce 232 housing deed of trust. 6 233 COMMENT 234 235 The amendment to Subsection (b) makes a technical amendment and has no substantive 236 effect on the ordinance. 237 238 The amendment to Subsection (c) makes it clear that, once the City declines to repurchase a 239 workforce housing unit or to assign its right to purchase the unit to an eligible buyer, the resale 240 restrictions set forth in the section no longer apply to any subsequent resales of the property. 241 242 The language contained in Subsection (g) is unchanged, but has been designated as a new 243 subsection. 244 .... 245 246 DIVISION 3. RENTAL OF WORKFORCE HOUSING 247 248 Sec.16-51. Eligibility requirements for renters of workforce housing units; 249 verification. 250 (a) In order to be deemed an eligible to rent a workforce housing unit, a household shall meet the following criteria: 251 (1) At least one adult, non-dependent member of the household 252 occupying the unit shall, at the time of application to the workforce 253 housing program, live or work full-time in the City of Virginia Beach, 254 or must have a bona fide offer of full-time employment within the 255 City of Virginia Beach commencing within three (3) months of the 256 time of application; 257 (2) No member of the household shall own or have a controlling 258 interest in any other real property; 259 (3) The household's gross annual income shall, at the time of 260 application, be between ~~ fort 40 percent and ninety (90) 261 percent of area median income, or, where the building contains an 262 elevator, between forty (40) percent and one hundred (100) percent 263 of Area Median Income, adjusted for household size; and 264 (4) The net worth of the household shall not exceed fifty (50) percent of 265 the total of rent payments for a period of twelve (12) months. The 266 following items shall not be included in determining the net worth of 267 a household: 268 a. The present value of insurance policies, retirement plans, 7 269 furniture or household goods; and 270 b. Any income-producing assets needed as a source of income 271 to meet the minimum qualifying requirements for eligible 272 renter status. COMMENT The amendment adjusts the percentage of Area Median Income (AMI) that a prospective renter must have in order to qualify for a workforce housing rental unit. DIVISISION 4. ADDITIONAL PROVISIONS. Sec. 16-54. -Workforce housing advisory board established; membership; duties 273 (a) Established. The workforce housing advisory board is hereby established. 274 (b) Term. There shall be at least ten (10) members of the board, who shall be 275 appointed by the city council for terms of four (4) years; provided, however, that the 276 initial terms of two (2) members shall be one (1) year, the initial terms of three (3) 277 members shall be two (2) years, and the initial terms of three (3) members shall be 278 three (3) years. 279 (c) Membership. Two (2) members, both of whom shall have extensive 280 experience in practice in the City of Virginia Beach, shall be either land planners or civil 281 engineers or architects licensed by the Virginia Board for Architects, Professional 282 Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; one 283 (1) member shall be a real estate salesperson or broker licensed by the Virginia Real 284 Estate Board; one (1) member shall be a representative of a lending institution that 285 finances residential development in the City of Virginia Beach; one (1) member shall be 286 a member of the city council; one (1) member shall be a builder with extensive 287 experience in the construction of single-family detached and attached dwelling units; 288 one (1) member shall be builder with extensive experience in the construction of 289 multiple-family dwelling units; one (1) member shall be a current employee of the 290 department of public works or department of planning; one (1) member shall be a 291 representative of a nonprofit housing organization which provides services in the City of 292 Virginia Beach; and the remaining members shall be citizens of the city. 293 (d) Duties. It shall be the duty of the board to: 8 296 income, as defined in section 16-44, and shall be adjusted semi- 297 annually; provided, however, that maximum rental prices in excess 298 of those established by the board shall be allowed if such prices are 299 consistent with the requirements of affordable housing funding 300 sources and are approved by the director. 301 (2) Advise the city council on all aspects of the city's workforce housing 302 program, including recommendations for modifications of the 303 requirements of the program; and 304 (3) Report annually to the city council on the production of workforce 305 housing units, participation in the workforce housing program, and 306 achievement of program goals. 307 COMMENT 308 The amendment to subsection (d) provides that the Director of Housing and Neighborhood 309 Preservation may establish maximum prices for rental housing that are higher than those 310 established by the Workforce Housing Advisory Board if those prices are consistent with 311 requirements of affordable housing funding sources. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIEN Y: ~' City Attorney's Office 9 CA-11870 R-5 January 3, 2012 Q H Z W 2 Q H Q H Z ~ .~. J N H Z v W ~ ~ ~ ~ t0 ~ ~ N ~ W 1p Z i J Q p O ~ o (~ O W ~ ~ C ~ ~ U Z c ~ ~ Z_ ~ ~ ~ ~ O O "' _ °1 C W 'y ~ O ~ ~ LL Y a N ~ N O ~ O ~ ~ ~ O Cfl •- I~ N 00 p ~ M ~ I~ ~ O r M ~ • `" O M O~ N oO N l~ N c0 ~- ~ ~ ~ ~ EA ffl fR ER EA EA O ~t 00 N CO O V Cfl I~ O O ~ M ~ p <} W O N ~ ti O ~-- ~ ~ 0 0 0 0 0 0 O O r O ~ ~ M ER d9 Efl EA b9 f!3 EA ~ r ~ ~ r ~ ~ N Cp ~ r 00 Cfl M O p M N O OO ~ M ~ a7 N M M ~ ~ Cfl CO ~' ~ 00 h CO tf•) d' M EA EA fA K3 EA b4 Ef3 CO 00 r M Cfl OD O ~• h O V I~ O M B ~ N (O O M CO O M CO O o0 O O N M ~ 00 I~ O O ~ '7 M EA d9 Efl EA b4 Efl EA ' 00 f~ Cfl ~ ~ ~ M a ~ O p ~ O ~ rn N co ~1' t~ CO co a0 tn O ~ N t " a0 t~ c0 l!•) ~ ~ M d Ef3 ffl b4 EA Ef3 E>3 Efl w 3 O = N M ~t ~ ~ CO I~ ~ ~ rn v rn v rn v rn _ ,L ~ ~ ~ O M O N ~ r ' ~ ~' ~ f~ I~ Cfl O CO N ~ t[) ~t ~ M O M ~ b9 EA EA EA EA EA tf3 7 ' Z 0 0 0 0 0 0 0 O r N M ~ ~ Cfl 0 0 0 0 0 0 0 (O Cfl ~ ~ ~Y M N u EA Ef3 ffl EA EA Efl EA o rn oo ti co ~n ~t .- ~ N M ~ ~ CO M O) O O M O ~ ~ ~ O N ~ ~ ~ M N C O M ~ ~ ~ ~ ~ ~ ~ ~ O 00 (O ~ N O 00 N N M ~ ~ CO CO N N O M 1~ ~ ~ O M O ~ ~ ~ M M N N ER ER Efl K3 EA EA EA O ~ ~ r- OO ~ N M M ~ ~ to CO I~ I~ O O ~ N M ~ ~ ~ p o0 ~t O ~ O ~ O ~ ~ M M N N fA EA E~ Efl Ef) EA EA Cd L d w ~ Q Q Q Q Q Q o o O~ U O o 0 0 0 0 0 ° fU 0 0 0 0 0 0 0 ~L ~ O O ~ O Ln ~ L O W N d C O N w C O V p C .~ s r w 0 p O Q O 0 O Q1 C f6 0 O <O C d d 3 d N 0 t d ffJ 7 O s N d N N A C d L L CV G O a` w Attachment B VBCDC Clients at 40% to 60% of Area Median Income a/o October 13, 2011 Client Current Family # Dependents Total Rent /P i i l Number income size ° /O AMI under 18 Paid t on Emp oyer os 26 $24,961 3 40% 2 $465 Private Family -Nanny 1 $19,427 1 40% 0 $587* Va Beach Public Schools- Custodian 14 $22,206 2 40% 1 $414 Wal Mart, Sales Assoc. 28 $25,280 3 40% 2 $1202* Atria -Resident Services Assistant 25 $25,504 3 40% 2 $1093 * VA Beach. Dept of Health - Admin Asst 23 $25,522 3 41% 0 $415 Sentara - Admin Assistant 7 $22,728 2 41% 0 $602 Sam's Club/AARP SCSEP 35 $28,674 4 41% 2 $1129* CHKD, Medical Records Clk 40 $31,000 5 41 % 3 $762 St. Brides State Prison -Correctional Officer 15 $23,376 2 42% 1 $740 Sentara- Lab Technician 34 $26,322 3 42% 2 $653 W. Tidewater CSB/MR Tech 39 $29,284 4 42% 2 $680 HRT - Bus Operator 13 $23,662 2 42% 1 $646* SSUChild Support 61 $26,683 3 42% 2 $891 HPR Med Svcs/CNA 21 $23,894 2 43% 0 $876 Yellow Cab Dispatcher 10 $23,942 2 43% 0 $486* Social Security Disability 38 $30,172 4 43% 3 $1042* Gastroenterology Consultants -Med Asst 44 $27,320 3 43% 2 $1150* Apple One- Medical CNA 42 $33,027 5 44% 3 $646 Memory Ctr/Health Care Aide 37 $30,694 4 44% 2 $649 VB Public Schools -Sub. Teacher 60 $27,689 3 44% 1 $787* Chic-Fil-A -Disabled 18 $24,747 2 44% 1 $646 Maury High School -Teaching Asst. 33 $28,038 3 45% 2 $979* Hampton Roads Transit -Bus Driver 32 $28,080 3 45% 2 $646 Partners in Dental Health -Receptionist 20 $25,000 2 45% 0 $502 Social Security 19 $25,126 2 45% 0 $824 Appointment Specialist Hpt. Rds App Ctr 24 $28,367 3 45% 2 $1076* Health Horizons - Care Asst 36 $31,850 4 46% 2 $719 City of VA Beach CIT -Call Taker 22 $25,623 2 46% 1 $623 Acct Temps -Bookkeeper 27 $28,977 3 46% 2 $792* City of Norfolk - Admin Asst 30 $28,993 3 46% 2 $741 Sentara -Patient Care Rep 16 $25,880 2 46% 1 $907* ABC Termite Pest Control - Admin Asst. 31 $29,120 3 46% 2 $1030* Portfolio Recovery Assoc. -Collector 4 $23,092 1 47% 0 $716* HOPE House -Support Asst 2 $23,101 1 47% 0 $586 FGI, .Quality Control Spec 17 $26,571 2 47% 0 $683 City of VA Beach -Human Svcs Elig. Worker 6 $23,424 1 48% 0 $834* Disabled 41 $36,468 5 48% 3 $952 Toys R US -Retail Sales $ $27,101 2 48% 1 $610 Computer Imaging Ref. Sys. -Lab Tech 3 $23,731 1 48% 0 $787 Norfolk Public Schools -Custodian 5 $23,905 1 49% 0 $598 PCSI, Housekeeper 43 $39,638 6 49% 2 $889 City of VB Public Wks -Meter Reader 11 $27,706 2 49% 1 $889 Paradigm Inc -Tech Support 57 $27,851 2 50% 1 $645 Sentara -Secretary 65 $35,025 4 50% 2 $719 Norfolk Public School -Secretary 48 $25,163 1 51% 0 $562 Admin Clk CBN/SSUPension 55 $29,018 2 52% 1 $646 Ayron Staffing Temp -Admin Asst 53 $29,071 2 52% 1 $677 social Sec/Workmen's Comp 52 $29,093 2 52% 0 $740 Westminster Canterbury/Med Aide 51 $29,120 2 52% 1 $708 Aerotek -Collector 12 $29,320 2 52% 1 $916 Michael Wayne Investments 62 $36,709 4 53% 2 $596 Kohls Cashier/Private Duty Nurse 9 $29,774 2 53% 0 $646* Social Security Disability 66 $43,878 6 54% 4 $1,038 Central Parking Systems/SS Disability 64 $37,828 4 54% 1 $925 Church Pastor 56 $30,780 2 55% 1 $725 Norfolk State U. -Admin Spec 29 $34,631 3 55% 2 $1067* EVMS-Finan. Svcs Admin Asst. 47 $26,936 1 55% 0 $781 Wal Mart, Cust. Svc. Mgr; Sales Assoc. 66 $38,928 4 56% 2 $650 VBCDC Maintenance Technician 59 $31,759 2 57% 1 $884 CASMG/Residential Care Specialist 54 $32,000 2 57% 0 $809 STIHL -Laborer 45 $28,080 1 57% 0 $570 HSBC Customer Svc Supervisor 49 $28,428 1 58% 0 $929* Social Security/VA Retirement Benefits 46 $28,656 1 58% 0 $646 City of Va Beach -Kindergarten Asst 50 $32,907 2 59% 0 $994* City of Norfolk -Teacher's Asst 63 $41,080 4 59% 3 $712 Sleepmed Therapy, Inc - Med Tech Totals 173 78 Clients Demographics Number of Households: 66 *Denotes residents with a rent subsidy therefore VBCDC Number of Working Households: $7 recieves fair market rent. All others pay 30% of their Number of Retired Housholds: 3 adjusted gross income. Number of Disabled Households: 6 Types of Employment: Municipal Employees (teachers, court clerks/guards, Human 13 services workers, Public works, etc.) Private Healthcare Workers 18 Clerical/Retail/Food Service/Gust 26 Service/Technicians U H Z W 2 U a Q C U f0 f0 O ~ O 0 0 4J o 0 0 a, te 00 N O 0 .~ a ., Cr I~ N 0 lD ~ ~ t/~ a -+ N w ~ ~ ~ t ~ ~ a` L a ~ o ~ N ° o ~, ~^ - 3 0 v ~ v ~ ~ o a, ~ ~ N ~ ~ o 0 O ° ~ ~ U o\° m O t N ~ C N ,F+ N •X (O Y t ' ~ L L to +- ~ ~ 0 c~ ° V L ~ a 47I O ~ +j O d ~+ ~ t ~ 7 N ~ ~ O ~ V C O v i -C O v> ~'' 'a 4-- ~ ~ = o _ L.L O O O LL ~ O O O = > ~ O O O ti > O v N l0 ~ ~ L .. 0 +' i/} i/~ t/} f6 +~ 0 7 ~ ~ H O _ *' ~ X ++ ~ ~ ~ O O ~ ~ ~ N ~ ~ L co ~ ~ C ~ N ~+ fC ~ ~ +., ~ _O ~, N C Ln U d .` ~ f0 O N ~L ~ N ~ , } ~ ~ N Gl *' ~ to ~ - ~ ~ cn ~ Q o v ~ N V N a ~ ~ ~ c ~ ~ c o ° ~ ° c ~ ~ ~ n o ~ p •~ ~ c O ~ ~ v ~ ~ O N v O ~ ~ 0 L ~ O 3 U a ° ~ t t ~ t ~ ~ ++ ++ O 0 ~ L ~ L ~ N ° ~ ~ ~ ~ > > f0 v a, a s ° +~ v ~ G1 "O >., ±+ s ~ ~ ~ N ~ O O ^ .O ++ ++ _ ~ C ~ d 3 3 0 ~_ *' T p ~ ~a x u ~y ~ c ~~3 c ~ °o 0 3 ° +, O ~ s +~ a 3 o ~ a ~ a L r ° d ~ O O ~ Q ~ O s ++ > ~ ~ •- G1 y s •~ o ~ ,_ V Q ++ ~ ~ ~; 3 ~ ~ 3 3 0 +, o p ~ _ u io j c +, ~ °o o O f° o Y 3 ~ ~ ~ i/1~ ~ s L 3 3 U ~ d t ~ ++ ~ O O 0 0 0 0 0 0 0 0 0 a oo ni o ~ ~ ~ ~ 00 ON O N f~ O fY'I t11 t/? lD t/? i/T 0 0°00 o\° ui ~ N ~ i/? t/} 0 0 O 0 lD ~_ ~ d V a O *' n > ,O O d co U p a ~ c ~ ° +~ o ~ o -O U a a O H O O O O O O 0 ~ lD r-I 1~ O O O o O N N m ~ ~ ~ V} i/? O O O 0 00 00 o ~ ~f N lD L} l0 t/~ t/~ ~_ ~ a~ ~ ~- o +' N > ~ O G! fC U p ~", ~ ++ C O O +' O !_' O -a U a a +° O f"~ fJ}?,~r.n1~A ht ~.k .' ~~ ~~ ~' {~ i >~ C .,,t,5 ..,~ -, ~t CITY OF VI~.RGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 21-407 of the City Code Pertaining to Charges for Towing and Storage of Vehicle MEETING DATE: January 10, 2012 ^ Background: State law authorizes City Council, by ordinance, to regulate the fees charged for towing services in the City. State law requires, however, that a local towing advisory board advise City Council prior to the adoption or amendment of any towing ordinance. In the summer of 2001, the City's Towing Advisory Board recommended fee increases. City Council authorized an increase, but at an amount lower than the one requested by the Board. The Towing Advisory Board recommended a rate increase again in the fall of 2001, but Council declined to enact the recommended increase. In June 2006, at the Towing Advisory Board's request, City Council increased the towing fee to $125. ^ Considerations: Information provided by local towing companies shows a 35.7°/a average increase in fuel costs from 2006 until 2011. There also have been increases in insurance costs, equipment maintenance and replacements, and manpower. The Towing Advisory Board recommends the following rate increases for nonconsensual tows from private property: 1) increase towing rate from $125 to $135; 2) increase the daily storage fee from $20 to $25; and 3) increase from $50 to $75 the fee charged by operators to determine the registered owner and lien holder of any vehicle not claimed within 72 hours of being towed. ^ Public Information: Council was briefed on this proposed ordinance by the Towing Advisory Board on January 3, 2012. The ordinance will be advertised in the same manner as other agenda items. ^ Attachments: Ordinance Requested by the Towing Advisory Board 1 AN ORDINANCE TO AMEND SECTION 21- 2 407 OF THE CITY CODE PERTAINING TO 3 CHARGES FOR TOWING AND STORAGE OF 4 VEHICLE 5 g SECTION AMENDED: § 21-407 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 21-407 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-407. Charges for towing and storage of vehicle; receipt required. 15 16 (a) No tow truck service or operator operating within the City shall, at any 17 time, charge a basic towing fee greater than the fees set forth below: 18 TABLE INSET: 19 20 Gross weight of vehicle Maximum fee 21 11,000 pounds or less $~.-9A 135.00 22 11,001 pounds or more 285.00 23 24 The basic fee shall be inclusive of any additional towing services such as the use 25 of a dolly. This subsection shall apply only when a vehicle is moved or towed without 26 the prior consent and agreement of the owner or custodian of the vehicle. 27 28 (b) No tow truck service or operator shall assess any charges for storage for 29 the initial twenty-four (24) hours, nor charge more than twenty-five dollars ($~9:~9 30 25.00) per twenty-four-hour period thereafter, for any vehicle with a gross weight of 31 eleven thousand (11,000) pounds or less removed from private property without the 32 consent of the owner or custodian of the vehicle, whether such tow originates in this 33 City or any other jurisdiction. For vehicles with a gross weight of more than eleven 34 thousand (11,000) pounds, a storage fee not to exceed twenty-five dollars ($~9:~8A 35 25.00) per twenty-four-hour period may be assessed after the first twenty-four (24) 36 hours. Delays caused by storage yard personnel shall not be included when computing 37 storage charges. 38 39 (c) If any vehicle is not redeemed within seventy-two (72) hours after it is 40 towed, the tow truck service shall be entitled to recover an additional fee, not to exceed 41 seventh--five dollars ($a9-99 75.00), as payment for the cost of any search 42 conducted to determine the registered owner and lien holder, if any, of the vehicle. 43 44 (d) No tow truck service or operator shall charge any fee for mileage, or any 45 other fee in addition to the basic towing fee set forth in subsection (a) above. In order to 46 ensure that no tow truck service or operator collects more than the fees authorized by 47 this section, tow truck services and operators shall provide change for cash payments 48 made by any person whose vehicle has been towed or released after hook up. 49 50 (e) A monetary receipt for each and every fee collected must be given to 51 those persons whose vehicles have been towed by a tow truck service, or released after 52 hook up, upon release of the vehicle. The information on the receipt must be clearly 53 legible and include the time, date and place of the tow, the name of the tow truck 54 operator who made the tow, and the name of the tow truck service for which said 55 operator works. The receipt must also list the amount of money paid for the release of 56 the vehicle, any additional charges incurred in the tow, and the reason for said 57 additional charges. The following shall be printed conspicuously on every receipt: 58 "NOTICE: Virginia Beach City Code § 21-407(f) requires the tow company to offer you a 59 Survey and Comment Form with this receipt." A copy of the receipt must be retained by 60 the tow truck service for a period of one (1) year and shall be made available for 61 inspection by city police or the Commissioner of the Revenue during normal business 62 hours of the tow truck service owner. 63 64 (f) A survey and comment form, developed by the Towing Advisory Board, 65 shall be offered to those persons whose vehicles have been towed by a tow truck 66 service, or released after hookup, upon release of the vehicle. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .. - J;~ - Police Departm n City A ey' ffic CA11357 R-1 December 27, 2011 ~~~ ~~~`'~~~t w~~ ~~~ ~~ti.r+ CITY OF VIRGINIA BEACH AGENDA ITEM Item: An Ordinance Approving the Sale of School Board Property for the City's Thalia Transfer Station and Allowing the School Board to Retain the Sale Proceeds Meeting Date: January 10, 2012 ^ Background: The City of Virginia Beach (the "City") has proposed to purchase from the School Board of the City of Virginia Beach (the "School Board") certain real property comprised of a 30,995 sq. ft. portion of GPIN 1477-86-7494 and all of GPIN 1477-85-9618 (20,000 sq. ft.) located on the Thalia Elementary School site (the "Property"). The Property shall be used for the City's Neighborhood Channel Dredging Initiative. The City and the School Board have reached an agreement concerning sale of the Property, and the terms and conditions of the use of the Property once the transfer station has been established. ^ Considerations: Virginia Code §22.1-129 provides that whenever a school board determines it has no use for some of its real property, the school board may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body, and after the school board has held a public hearing on such sale and retention of proceeds. On December 20, 2011, the School Board adopted a Resolution affirming that it had no use for the Property, and agreed to sell it to the City for the appraised value of $252,800. The School Board further resolved to place the sale proceeds in a dedicated Capital Improvement Project fund to be used exclusively for new construction, renovation or major maintenance of schools. ^ Public Information: The School Board held a public hearing on October 18, 2011 to take public comment on the proposed sale of the Property to the City and retention of the proceeds therefrom. The actions to be taken by City Council will be handled through the normal agenda process. ^ Attachments: Ordinance, Location Map, School Board Resolution Recommended Action: Adoption of Ordinance Submitting Department/Agency: Public Works /Engineering ~(~, r~ ~~ ?~ City Manage . ~ /~ ~~ 1 AN ORDINANCE APPROVING THE SALE OF 2 SCHOOL BOARD PROPERTY FOR THE 3 CITY'S THALIA TRANSFER STATION AND 4 ALLOWING THE SCHOOL BOARD TO RETAIN 5 THE PROCEEDS 6 7 WHEREAS, the City of Virginia Beach (the "City") has proposed to purchase from 8 the School Board of the City of Virginia Beach (the "School Board") certain real property 9 located on the Thalia Elementary School site and identified as a 30,995 sq. ft. portion of 10 GPIN 1477-86-7494 and all 20,000 sq. ft. of GPIN 1477-85-9618 (together, the "Property") 11 for the City's Neighborhood Channel Dredging Program Initiative; 12 13 WHEREAS, Virginia Code §22.1-129 allows a school board to sell real property for 14 which the school board has no future use, and to retain the proceeds of such sale upon 15 approval of the local governing body and after the school board has held a public hearing 16 on such sale and retention of proceeds; 17 18 WHEREAS, the School Board held a public hearing on October 18, 2011 to take 19 public comment on the proposed sale of the Property to the City and retention of the 20 proceeds therefrom; 21 22 WHEREAS, the School Board adopted a Resolution on December 20, 2011 finding 23 no further use for the Property, determining that the Property may be sold, agreeing to sell 24 the Property to the City, and intending to retain the proceeds of the sale. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That the sale of the Property as shown on Exhibit A, attached hereto and 30 made a part hereof, from the School Board to the City is hereby approved; and 31 32 2. That the School Board may retain all of the proceeds of the sale, provided 33 such proceeds are placed in a capital improvement fund, which fund shall only be used for 34 new school construction, school renovation, and major school maintenance projects. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 37 , 2012. APPROVED AS TO CONTENT: Publi or /Engineering CA11979 1\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D029\P013\00053111.DOC R-1 December 29, 2011 APPROVED AS TO LEGAL SUFFICIENCY: ~~~ ~ City Attorney RGINIA BEACH CITY PUBLIC SCHCfOLS A H E A D O F T H E C U R V E RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY FOR THE CITY'S THALIA TRANSFER STATION SCHOOL BOARD the City has identified the need to purchase certain School Board real property located on the Thalia WHEREAS ' Daniel D. Edwards Chairman , s Neighborhood Elementary School site and identified as parcels GPIN 1477-86-7494 and GPIN 1477-85-9618 for the City District 1 -Centerville 1585 Lake James Drive Channel Dredging Program Initiative; and VA Beach, VA 23464 the City's Neighborhood Channel Dredging Program Initiative will reestablish use of navigable wa ers, WHEREAS 495-3551 (h) • 717-0259 (c) " " , improve water quality, increase property value, and be of benefit to the citizens of Virginia Beach; and Brunke, Iv BIII W{Illam J. Vice-Chairman the City has proposed purchasing such parcels to build the Thalia Transfer Station on the bank of Thalia WHEREAS District 7 -Princess Anne sniee toe 4099 Foxwood Drive , Creek on a portion of the Thalia Elementary School site and improve the existing road between the creek and Thalia Roa , , Virginia Beach, VA 23462 build anon-motorized watercraft launch facility with a pad for a future storage building, will construct improved parking 222-0134 (w) • 286-2772 (c) facilities behind the Thalia Fire Station, and will open the new launch and parking facilities to the public for use w en Todd C. bavidson At-Large tlredgin is not in r ress; and 9 p o9 1861 Mayberry Drive locating the Thalia Transfer Station at the proposed location will greatly improve the efficiency of the dredging WHEREAS VA Beach, VA 23456 427-3330 (w) . zes-9ao9 (~> , project and, minimize disruption and damage to the citizens' residences, and is a unique opportunity not available on other Emma L. "Em" Davis District 5 - Lynnhaven d Dnve h l Mi School Board property; and Virginia Code §22.1-129 allows the School Board to sell real property that it determines it has no uture use WHEREAS woo ae 1125 c VA Beach, VA 23452 , for and the School Board has held a public hearing on October 18, 2011 to take public comment on the proposed sale of 340-8911 (h) to the City and retention of the proceeds therefrom; and ert ro th Dorothy M. "Dottie" Hotta At-Large y p e p due to the unusual location of the proposed Thalia Transfer Station on the perimeter of the Thalia Elemen ary WHEREAS 1304 Downs Lane , School ro ert furthest awa from the school building, the wetlands designation of certain portions of such property as p P Y Y VA Beach, VA 23455 460-2440 (h) resource protection areas which make that portion of the property unusable to the School Board, the long-term, nominal i N R9 k rent existing lease of Thalia Fire Station to the Thalia Volunteer Fire Department, the benefits that the Thalia Transfer enz e . c Brent District 3-Rose Hall Station and proposed improvements to existing facilities will bring to the citizens of Virginia Beach, and the location of the 1400 Brookwood Place VA Beach, VA 23453 property away from residential areas and inclose proximity to major roadways, the School Board has identified a unique rovide lasting benefits to the citizens of Virginia Beach, t will t th 816-2736 (c) p a opportunity to partner with the City on a projec Ashley K. McLeod NOW THEREFORE BE IT RESOLVED, that At-Large 5508 Uel Park Avenue In accordance with Virginia Code §22.1-129, the School Board finds that, due to the unique nature of the parce s 1 VA Beach, VA 23455 552-0348 (h) . identified as GPIN 1477-86-7494 and GPIN 1477-85-9618, the history of the School Board's use of such parcels, " R~,d "S the important benefits that will be enjoyed by the citizens of Virginia Beach if the Thalia Transfer Station and am Samuel G. District6-beach related improvements are built, and the unique opportunity to partner with the City on a project that will have 1533 VA Beach Blvd. VA 23454 h lasting benefits to the quality of life in Virginia Beach, that therefore, the School Board finds that it does not ave , VA Beac 2841067 (c) further use for such real property and determines that it is may be sold. Patrick S. Salyer The School Board agrees to sell a 40,955 sq. ft. portion of GPIN 1477-86-7494 and all of GPIN 1477-85-9618 2 District 2 - Kempsville 4849 Haymarket Drive , 000 sq. ft.) to the City for the appraised value of Two Hundred Fifty-Two Thousand Eight Hundred Do ars (20 VA Beach, VA 234b2 , ($252,800) and that such funds will be placed in a dedicated Capital Improvement Project to be used exclusive y 620-2141 (c) for new construction, renovation or major maintenance of schools in the City of Virginia Beach. Carolyn D. Weems Disirict4-Bayside Additionally, the School Board and the City have reached agreement concerning conditions and terms of the use 3 1420 Claudia Drive VA 23455 B h , of these properties and the impact to the operation and use of Thalia Elementary School and property. T e eac , VA 4sa-ss7a (n) agreement between the parties is memorialized in a letter that is attached to this Resolution as Exhibit A and the Vacant ' parties agree that the terms of this agreement will be implemented and any future issues concerning the impact Ai-Large to Thalia Elementary School will be cooperatively addressed by the parties. Adopted by the School Board this 20~ day of December 2011 SUPERINTENDENT Daniel D. wards, Chairman James G. Merdll, Ed.o. ATTEST: 2512 George Mason Driva VA Beach, VA 23456 263-1007 ~ j//~/ /~~ /j-'~ //i~ 'l^f F[ ~+7 f ~i/L` C~ls.~./j,'Y../_s // 1~~~.; C..{.. ~L ~?.'i t. <"3'Ll~i.-^'1... L Diane P. Alexander Clerk of School Board School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 ~ ~ ~ boa ""~~ '~ .~ tt Pr O1ry~ prnca of Tr+e Cm MAw~ooe (767) 660142 FAX (767) 4276010 'I`TV: 711 December 9, 2011 Tho Honorable William D. Sossoms, Jr., Mayor ar~d Members of City Council Subject: Thalla Transfer Station Lotter to Schools Dear Council Members; VBgOV.C0117 AAUWICUAL (iNlllJt BuI~DNro 1 2401 COUIITiK%A! OIw! VIROIMA 9(ACFI, VA 1&IQai001 After discussion with Schools, we have revised the letter to Dr. Merrill and the School Board that was sent on December 2, to include language to assure the Schools that trucks and other construction vehicles will not utilize Thalia Road to access the site during school bus arrival and departure times. In addition, due to the variables involved in school bus scheduling (early release, holidays, etc.), Schools have agreed to provide bus schedules to City staff (see the fourth bullet on page 2). A copy of the revised correspondence is attached for your information. Should you have any questions, please contact Dave or me. With Pride in Ow City, ~. J s Spore C M gar JKS/s amity of V1r~*-a~ a Seacl7i Attachment City of Virgi rzi a. B~a,ch VI3}wrvxom MuMaPA6C/Ri11 WNDIMO NtY1fA 1, ROOM 254 2401 Cd~MOwtDiwM NROMIAIIAON, VA25456i0M December 9, 2011 Chairman and Members of tho Virginia Heach School Board via Dr. James a. Merrill, Superintendent of Schools SUBJECT: Thalia Transfer Station Dear Dr. Merrill, Chairman Edwards and Members of the School Board, As a follow up to our staff presentation to the School Board regarding the City's request to acquire approximately 50,000 square feet of Thalia Elementary School property for the purpose of constructing amulti-use facility for dredge material transfer, public access to the Lynnhaven River, creating a volunteer firefighter museum and a canoeJkayak/rowing club launch facility, I am providing this confirmation of our commitments as extended by Deputy City Manager Dave Hansen during those briefings. Access drive: A two-lane, curbed, asphalt access drive designed to carry loadod trucks will be constructed from Thalia Road to the proposed transfer station. Because of the timing of the replacement for the Thalia Fire Station, this drive will be built in two phasos; the first phase will be constructed untnediately and will extend from tho rear of tho existing fire station to the transfer station; the second phase will include a concrete entrance apron at Thalia Road and will extend from Thalia Road to the beginning of the fast phase, and will be constructed once the existing fire station is replaced and the newer portion of the existing fire station is demolished. The drive will serve jointly as the access to the transfer station and for public use of the site. Landscaping: All trees on School Board property, outside of the acquisition area, will be protected and will remain. Additional landscaping will be provided between the edge of the existing wooded areas and Thalia Road, will provide screening of the roadway and the new Firefighter Museum rear parking lot. Our landscape services will coordinate with the school staff to design and install acceptable landscaping. Fire Mweum: Upon completion of the fire station replacement at Town Center, the newer wing lacated at the southern end of the Thalia fire station will be demolished, restoring the building to its original historic footprint. It is our understanding that anon-pmfit argamzatitian will renovate the interior of the fire building to create a firefighter's museum, OBI W OP TX~ CRY 5NIWIOR 7b7.310~4~42 FAX (767 47728 TDD (7b7) bbb~Ab06 Thalia Transfer Station December 9, 2011 Fags 2 The City will assume rosponsibility to manage tha base agreement with the Thalia Volunteer Fire Departznent, Inc. After the new Town Center fire station id built, it is anticipated that flu nonprofit will request a nominal rant lease of the remaining older portion of the building for use as a firefighter's museum. Any such lease will be subject to City Council approval and pursuant to all required procedures. This initiative, though not fully developed, has my initial support. Canoe Launch: Integrated into the improvements for the proposed transfer station will be the construction of a canoe/kayak launch, to be available for use by the public during periods when transfer operations are not underway. The facilities will include a 60 foot by 12 foot floating dock, accessed by a 70 foot aluminum gangway. Space for rowing teams: A building pad area will be reserved near the canoe launch for future construction of a crew club storage building. The construction of the storage building will be accomplished by the crew club. The club will have non-exclusive use of the small perking area near the launch. The construction of the storage building will require an agreement with the crow club, xhe terms of which will be subject to approval by Council and subject to compliance with state law procedures for the use of public property, Parking area: A small parking lot will be constructed Hoar the launch. In addition the parking lot behind the existing Sre station will be ropaved and striped far joint use between those visiting the firofightar's museum and the public using the canoe launch and the adjacent baseball field. Operations: • Transfer operations will occur only during daylight hovers • Work on weekends will be determined on a case by case basis • Flagmen will be utiliud as necessary to assure safety on Thalia Road • During school bus arrival and departure tunes at Thalia Elementary School, trucks and other construction vehicles will not utilize Thalia Road to access the site, schedules of school bus arrival and departure times will be provided. • Trucks will be no more fiequent, on average, than one every 15 minutes (two or three may arrive at once, at the beginning of the day, until loads are spaced out, but with no further traffic for 30 to 45 minutes) • Trucks will be watertight and will be covered • All trucks will be loaded to within legal load capacities • Awash rack will be provided to assure trucks leaving the site do not drop material on the roadways • Broom tractors will be utilized as necessary to keep the access drive and Thalia Road clean • Signs will be erected to announce that the canoe launch is tomporara~y closed to public use during operations The schedule of operations will be coordinated with the craw clubs Tixalia Tranaier Station December 9, 2011 Pagc 3 As ~ Dave indicated in his presentation the staff will, in advance of City Council discussions, notify your office of upcoming projects which would require the use of the dredged material transfer site so that you and the school staff will have an opportunity to provide comment and operational input for the City Council to consider in the approval process.' We sincerely believe that this is a wonderful opportunity to create amulti-use facility to further enhance our public's access to the Western Branch of the Lynnhaven River as well as provide the logistical node necessary to support our neighborhood's efforts to revitalize the value of their waterfront properkies. I have great confidonco in our City akatf s ability abide by our commitments and wish to reassuro you that this request is with my full endorsomont. Sincerely, ~, Jame K. spore ger JK.S/DLH/s Attachment c: Mayor William D. Sessoms, Jr. Members of City Council Mark Stiles, City Attorney Dave Hansen, Deputy City Manager Dale Holt, Assistant Superintendent ,~~, ~0 ---------- - -- w~_=-~ !~" ~y i ro ~ i 1 _,a ! ~ W „r ~i• ~~ .~ p . r ~ ~i i ~ 1~ s~ iI 1 ~ I ` .{I~ ~ ~~ ~ ' ~. ~, L ~ ~ ~~ ~r~ ; o _-` ~'~ i ~ _- = ~ ~~ t~~i "~;'~ Op r,. ~ ~` .1 ~ ~ ~~ -~ ~ s' t! ~ ` ` ~ ~ ~ i Z~ ~ Z ~ ~~ ~ ~ ~ ~ ~ ~ ~W M _ EI ~ ~'• A _ ~ ~~ ~I __ _--~.. Q ~C '~ ~ ` Y ~ o' , ~ f' ~ ~ ~ pN~~ ae s ! ~pllA s~ _ ~ ~ ( 7 ~ ~ ~ © ~ x `~ .~ji ~b ~, ~ ., •'' ~ , <. ~;~»~, ,,~.- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Rescinding Ordinance 2898A (October 11, 2005), Which Authorized Acquisition of Property By Agreement or Condemnation for Expansion of the City's Landfill MEETING DATE: January 10, 2012 ^ Background: On October 11, 2005, Council adopted Ordinance 2898A (the "Ordinance"), which Ordinance authorized the acquisition, by agreement or condemnation, of 64± acres of property then owned by Williams Holding Corporation, and 15.84 acres of property then owned by Tallwood, L.P. These parcels are adjacent to the City's existing landfill located in the Centerville District on Centerville Turnpike. In the intervening years since the Ordinance was adopted, the City's plans have changed, and the City has no immediate plans to acquire the property. ^ Considerations: The current owners of the 64-acre parcel would like to sell the property and requested the City to either purchase the property or rescind the Ordinance. ^ Public Information: Advertisement of City Council's Agenda. ^ Alternatives: Acquire subject properties. ^ Recommendations: Rescind the Ordinance ^ Attachments: Location map, Ordinance Recommended Action: Approve Submitting Department/Agency: Public Works 9.C~ ~}d /~ City Manager ~ ~ I"T~U ,~ 1 AN ORDINANCE RESCINDING ORDINANCE 2 2898A (OCTOBER 11, 2005), WHICH 3 AUTHORIZED ACQUISITION OF PROPERTY 4 BY AGREEMENT OR CONDEMNATION FOR 5 EXPANSION OF THE CITY'S LANDFILL 6 7 s WHEREAS, on October 11, 2005, the City Council adopted Ordinance 2898A (the 9 "Ordinance") authorizing acquisition of certain property from Williams Holding Corp. and io Tallwood L.P. and/or their successors and assigns, either by agreement or condemnation, ii which property was necessary to expand the City's existing landfill located in the Centerville 12 District on Centerville Turnpike; 13 14 WHEREAS, the City's plans have changed with respect to the expansion of the is landfill, and the City has no immediate plans to acquire the lands authorized to be acquired i6 in the Ordinance; and i~ is WHEREAS the Council desires to rescind the Ordinance and the authority granted i9 therein. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the City Council rescinds Ordinance 2898A of October 11, 2005, and rescinds 2s the authority granted therein. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2s , 2011. CA-11728 R-1 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d014\p011 \00023898.doc PREPARED: 12/14/11 APPROVED AS TO CONTENT f` , . ,, ``,, , ill X1'3- . ~' ~,JS~ LIC WORKS/REAL STATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~- C AT NEY . . .. • ("~ • Q ~~ ~~ ~O ~ ~Q ~ 1455-73-1702 '0~ 64.195 ACS. .~ ..• .. T S ~ *,~~, ~~ X '~`s.~ . ~~ ,~a~7 1455-62-6392 ACS T`'~~ • • • 5.305 ACS, LOCATION MAP PROPERTY OF WILLIAM HOLQING CORPORATI©N AND TALLWOOf~ if L, P. 1~L~ gyp, 1~1Pc,~ SCALE: 1" -- 400' ~~' -2s- Item V-J.6. ORDINAIVCES/RESOL UTIONS ITEM # 54497 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or condemnation, from Williams Holding Corporation and Tallwood L.P. re expansion of the City's landfill. Voting: 10-0 (By Consent) C°ouncil Members Voting Aye: Harry E. Diezel, Robert M. Dyer, V"ice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. l~illanueva and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: None Council Lady Wilson DISCLOSED andABSTAINED on Item J. 6 (Williams HoldingCorpomtion) Pursuant to Conf lict oflnterests Act ~ 2.2-311 S (E) her husband is a principal in the accounting ftrm of Goodman and Company and earns compensation which exceeds $10,000.00 annually. Williams Holding Corporation is a client of Goodman and Company. Council Lady Wilson's husband personally provides services to Williams Holding Corporation. Council Lady Wilson's letter of October 11, 2005, is hereby made a part of the record. October I1, 2005 .~~~,"'e~qc, •. c, , ~.F . ,,_~ +-~ ~.~ ~v ~i ~,`4., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Designating Regional Solid Waste Management Unit and Regional Solid Waste Management Unit Agency MEETING DATE: January 10, 2012 Background: Virginia's Solid Waste Planning and Recycling Regulations require the Director of the Department of Environmental Quality (DEQ) to designate solid waste planning units to submit solid waste management plans. If approved by the Director, the units may be comprised of a group of, rather than individual, jurisdictions. The regulations also require that a Solid Waste Management Planning Agency (RSWMPA) be designated. The agency is currently the Southeastern Public Service Authority (SPSA). In March 2010, however, SPSA and the Hampton Roads Planning District Commission (HRPDC) both determined that HRPDC should be the RSWMPA for region, and that determination is reflected in the recently-revised Solid Waste Management Plan completed in September 2011. Considerations: The Resolution requests the Director of DEQ to designate the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, the Counties of Isle of Wight and Southampton, and the Towns of Boykins, Branchville, Capron, Courtland, Ivor, Newsoms, Smithfield and Windsor as the Regional Solid Waste Planning Unit and to designate HRPDC as the region's Solid Waste Management Planning Agency Recommendations: Adoption of the resolution. Attachments: Resolution Recommended Action: Adoption of resolution Submitting DepartmentlAgency: Department of Public Works ~ ~~ City Manager: ~~ 1 A RESOLUTION REQUESTING THE DIRECTOR OF THE 2 DEPARTMENT OF ENVIRONMENTAL QUALITY TO 3 DESIGNATE THE AREA OF THE REGIONAL SOLID WASTE 4 PLANNING UNIT AND TO DESIGNATE THE HAMPTON 5 ROADS PLANNING DISTRICT COMMISSION AS THE g REGIONAL SOLID WASTE PLANNING AGENCY 7 8 9 WHEREAS, the Virginia Solid Waste Planning and Recycling Regulations (9 VAC 20- 10 130-10, et. seq.) (the "Regulations") require the Director of the Department of Environmental 11 Quality (the "Director") to designate solid waste planning units; and 12 13 WHEREAS, the Regulations allow a group of jurisdictions to petition the Director for 14 designation as a solid waste planning unit, and, if the proposed region meets the standards 15 established for designation, the Director shall approve the request; and 16 17 WHEREAS, the localities in Southeastern Virginia have a long history of cooperative 18 regional solid waste planning and management; and 19 20 WHEREAS, it is the sense of the City Council that the Cities of Chesapeake, Franklin, 21 Norfolk, Portsmouth, Suffolk and Virginia Beach, the Counties of Isle of Wight and 22 Southampton, and the Towns of Boykins, Branchville, Capron, Courtland, Ivor, Newsoms, 23 Smithfield and Windsor should be designated as, and constitute, the Regional Solid Waste 24 Planning Unit; and 25 26 WHEREAS, the Regulations also require the designation of a solid waste 27 management agency; and 28 29 WHEREAS, currently, the Southeastern Public Service Authority of Virginia ("SPSA") 30 is designated as the Regional Solid Waste Management Agency; and 31 32 WHEREAS, at their respective March, 2010 meetings, both the HRPDC and SPSA 33 determined that the HRPDS should more appropriately serve as the Regional Solid Waste 34 Management Agency; and 35 36 WHEREAS, under contract to SPSA, the HRPDC has completed a revised Regional 37 Solid Waste Management Plan to meet the requirements of the Regulations; and 38 39 WHEREAS, the revised Regional Solid Waste Management Plan, which was 40 approved by the HRPDC on September 15, 2011 and by SPSA on September 28, 2011, 41 designates the HRPDC as the Regional Solid Waste Management Agency; and 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 WHEREAS, the City of Virginia Beach concurs with the action taken by the Boards of the HRPDC and SPSA regarding the above designations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach hereby requests the Director of the Department of Environment Quality to: 1. Designate, as the Regional Solid Waste Planning Unit serving the Southeastern Virginia Region, the area encompassed by the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, the Counties of Isle of Wight and Southampton, and the Towns of Boykins, Branchville, Capron, Courtland, Ivor, Newsoms, Smithfield and Windsor; and 58 2. To designate the Hampton Roads Planning District Commission as the 59 Regional Solid Waste Planning Agency for the aforesaid area. 60 61 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 62 BEACH, VIRGINIA: 63 64 That the City Clerk shall forward a certified copy of this Resolution to David K. Paylor, 65 Director of the Department of Environmental Quality, and to John Oarlock, Deputy Executive 66 Director of the Hampton Roads Planning District Commission. 67 68 69 Adopted by the City Council of the City of Virginia Beach on the day of 70 , 2012. 71 72 73 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI NCY: 74 ~ ~ R ' 75 _.~ ` / / 76 I 6 ~ 77 Public orks Department Ci y Attorney's Office 78 79 80 CA-12096 81 December 19, 2011 82 R-1 2 x H 1 ~~~ „~. ~~, y~ : ~~ ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City right- . of-way known as Virginia Dare Drive and into a portion of City property known as Lake Wesley located at the front and rear of 517 Virginia Dare Drive, for property owner David I. Ansell MEETING DATE: January 10, 2012 ^ Background: David I. Ansell has requested permission to maintain an existing four (4) foot wood fence into a portion of City right-of-way known as Virginia Dare Drive and also maintain an existing wood fixed pier into a portion of City property known as Lake Wesley, and construct and maintain a boat lift, two (2) mooring piles, a float, access ramp (gangway), and a fixed pier, into a portion of City property known as Lake Wesley, all of which are located at the front and/or rear of 517 Virginia Dare Drive. There are similar encroachments which were approved by City Council in Lake Wesley, which is where David I. Ansell has requested to encroach. ^ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area is not required. The Department of Planning/Environmental Management Center has determined that the applicant shall make a SEVEN HUNDRED TWO DOLLAR ($702.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City-owned property. ^ Public Information: Advertisement of City Council Agenda ^ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ^ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ^ Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/~gency: Public Works/Real Estate ~~.~ City Manager: ~, ~~ 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY RIGHT-OF- 6 WAY KNOWN AS VIRGINIA DARE ~ DRIVE AND INTO A PORTION OF g CITY PROPERTY KNOWN AS LAKE g WESLEY LOCATED AT THE FRONT l0 AND REAR OF 517 VIRGINIA DARE 11 DRIVE, FOR PROPERTY OWNER 12 DAVID I. ANSELL 13 14 WHEREAS, David I. Ansell desires to maintain an existing four (4) foot wood 15 fence into a portion of City right-of-way known as Virginia Dare Drive and also maintain 16 an existing wood fixed pier into a portion of City property known as Lake Wesley, and 17 construct and maintain a boat lift, two (2) mooring piles, a float, access ramp (gangway), 18 and a fixed pier, into a portion of City property known as Lake Wesley, all of which are 19 located at the front and rear of 517 Virginia Dare Drive, in the City of Virginia Beach, 2 0 Virginia; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 2 4 City's property subject to such terms and conditions as Council may prescribe. 25 2 6 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 2 8 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2 9 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David I. Ansell, his heirs, 3 o assigns and successors in title are authorized to maintain an existing four (4) foot wood 31 fence and an existing wood fixed pier, and construct and maintain a boat lift, two (2) 32 mooring piles, a float, access ramp (gangway), and a fixed pier in a portion of the City's 33 property as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT 34 REQUEST -'EXHIBIT A' FOR DAVID I. ANSELL LOT 30, RESUBDIVISION OF PART 35 OF CROATAN BEACH PRINCESS ANNE CO., VA (M.B. 37, PG. 11) BEACH 36 DISTRICT DATE: JUNE 8, 2010 SCALE: 1" = 40'," a copy of which is on file in the 37 Department of Public Works and to which reference is made for a more particular 38 description; and 39 4 o BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 41 subject to those terms, conditions and criteria contained in the Agreement between the 4 2 City of Virginia Beach and David I. Ansell (the "Agreement"), which is attached hereto 4 3 and incorporated by reference; and 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 4 6 is hereby authorized to execute the Agreement; and 47 48 49 50 51 52 53 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as David I. Ansell and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. CA-11647 R-1 PREPARED: 12/06/11 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM /~ U~iLIC WORKS, REAL ESTATE ~.,,.K., . , .. , ..., . ~.., ASSIST T Y ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 2nd day of November, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID I. ANSELL, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 30" formerly VANDERBILT AVENUE as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA SCALE 1" = 100' JUNE, 1954, prepared by C A BAMFORTH, C L S PRINCESS ANNE CO VA," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 517 Virginia Dare Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing four (4) foot wood fence and an existing wood fixed pier, and construct and maintain a boat lift, two (2) mooring piles, a float, access ramp (gangway), and a fixed pier, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Virginia Dare Drive and City property known as Lake Wesley the "Encroachment Area"; and GPIN'S: (CITY RIGHT-OF-WAY ' NO GPIN REQUIRED OR ASSIGNED) 2427-20-6108-0000; (CITY PROPERTY KNOWN AS -LAKE WESLEY) 2427-20-9585-0000; (517 Virginia Dare Drive) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT REQUEST - `EXHIBIT A' FOR DAVID I. ANSELL LOT 30, RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO., VA (M.B. 37, PG: 11) BEACH DISTRICT DATE: JUNE 8, 2010 SCALE: 1" = 40'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be 2 2 removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the corstruction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") It is further expressly understood and agreed that the Grantee shall make a SEVEN HUNDRED TWO DOLLAR ($702.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15-foot-wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City-owned property. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Public Works Engineer's Office or the Department of Public Utilities Engineering Division. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property 4 tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, David I. Ansell, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2012, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2012, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: _ 6 (SEAL) By STATE OF v~ ~ ' , " c~- CITYff9H~ O ~.s -~11 , to-wit: The foregoing instrument was acknowledged before me this ~ ~;D day of i~,~, m~Q~. , 2011, by David I. Ansell. ` _ (SEAL) otary Public Notary Registration Number: `~ i ~ ~t5 y ~-! My Commission Expires: ~ ~ I;~~l i 2 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SI N TURE A ER, ~°" A T CITY ATTORNEY ~~ I~~~i~; ~s-~~ iv. DEPARTMENT 7 \N/F CITY OF VIRGINIA BEACH LAKE WESLEY ~ 427-20-6108 \ REF. M.B. 37 P. 11 \ (D. B. 2020, PG. 282) ~--FLOODS \ i EBB \ \ \ F qs \ \ Sr oF \ ~ r \ 22' 20' PROf~ \s~cr~y PROP. MP FLOAT ?s• \ cy ~SFj \q~yl, ~ ~, 19' \ \ \ PROP.~,y cr RAMP ' ' \cy ~ 4 6 18. ~ I 1 ~ q\ \ ~ PROP. ~ FIXED ~") N ' PIER ' I I 28 20 PROP BOAT 58 AppROX_ .. \ 0 0 ,~„~ LIFT 17 b 6' 35 ,~ ~ ~ ~06~08~2 ~~~ --- ~ - - - ~ ~ 1~ ~~~_ T^ MEAN_LO_W WATER _ _ . ` m ~~i ~ ~~L ~~u~~~ ~~ ~ m ~ • ~ ~\uI/L 11L y~ ~ \1~/L ~ ~~ - - - 1~ _ 1~ _ - M/~t-v IP IP EX. DECK ~ o LOT 29 0 o ~ 0 1-STY-FRM ~' ~ ~ N/F EDMUND RUFFIN ~ #517 WILLIAM A. GOOCH 1 w N ~ 2427-30-0414 (D.B. 3742, PG. 285) ~ #20090720000834870 n ~ 2427-20-9676 Q ~j D.B. 3267, P. 459 ~ Q a _ W p O ^ "~ ~ / ~ ~ a :~' CONCRETE ~ ~ ~^. ~ DRIVEWAY Q Q' ~ J "~ Z Z v z Lor 30 ~ ~° m ~ z GPIN: 2427-20-9585 ~ r;Q J IP 60.00' iP A= 00' iP ~ o ~, N 04'14'15" W R ~~• ~ 43~ 4, 9 v ~ 0.8' iv ~ 17.5' ~i z 20.3' OUT ~ 53.5' ~ 20.3' OUT ~ 4' WOODI FENCE PLAN VIEW W ~ VIRGINIA DARE DRIVE ww) ~- 40~ sa o (VANDERBIL7 AVE. -PLAT) I ENCROACHMENT REQUEST - 'EXHIBIT A' WATERFRONT FOR CONSULTING pgVID i. ANSELL INC. LOT 30, RESllBDIVISION OF PART OF CROATAN BEACH 1112 JENSEN DRIVE, sTE. 2os ~ PRINCESS ANNE CO., VA (M.B. 37, PG. 11) VIRGINIA BEACH, VA 23451 ' PH: (~s~)a2s-a2aa FAx: t~sn2~s-ssa~ BEACH DISTRICT DATE• JUNE 8 2010 517 Virginia Dare Drive Existing Wood Fence Existing Wood Pier *Ramp and floating pier to be demolished. ;, Prepaletl DY PYV1Eng:Erg ~~R~~6 pvdy 102G2C11 r'~ aEa~z ,roe ~r7 ~x; :~~ (-' _ Nr ' '.i >` `'. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Purchase Equipment to Prevent, Detect, and Respond to Potential Acts of Terrorism MEETING DATE: January 10, 2012 ^ Background: The Virginia Department of Emergency Management has awarded the Virginia Beach Police Department $230,500 in federal grant funds. The funds originate from the U.S. Department of Homeland Security as part of the National Preparedness Directorate through the 2011 Port Security Grant Program. The purpose of the grant is to enhance the ability to prevent, detect, respond to, and recover from attacks on the port systems. Specifically, this grant will fund the purchase of equipment to enhance the response capabilities of the Police Department's Marine Unit. The grant funding will provide personal locator beacons for officers and marine patrol aides, aside-scan sonar unit, ballistic floatation vests for marine officers, and six replacement engines for two Marine Unit vessels. The personal locater beacons and the floatation vests are items currently not provided by the Police Department. The sonar and replacement engines will replace obsolete equipment. ^ Considerations: These funds provide an opportunity to enhance police capacity. There is no local match requirement for this grant, and the City does not guarantee replacement of the equipment. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Recommendations: It is recommended that Council accept and appropriate the grant award of $230,500. ^ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department ~~ ~u ~~ City Manager: ~` 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE DEPARTMENT OF HOMELAND SECURITY TO 3 PURCHASE EQUIPMENT TO PREVENT, DETECT, AND 4 RESPOND TO POTENTIAL ACTS OF TERRORISM 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 9 10 11 12 13 14 That $230,500 is hereby accepted from the Department of Homeland Security through the Virginia Department of Emergency Management and appropriated, with estimated federal revenues increased accordingly, to the FY 2011-12 Operating Budget of the Police Department to purchase equipment that will enhance the response capabilities of the Marine Unit; and 2. The equipment purchased with these grant funds is not guaranteed to be replaced by the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~.~ ~ ,° ~ Management Services C e ' Office CA12102 R-1 December 27, 2011 G`~ n a~^. r4 -'' .'. ?,•7 rc; ~' .vss 4~~~~ - ., <- : , . ~~v fJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Purchase Additional Rescue Equipment and Medical Supplies MEETING DATE: January 10, 2012 ^ Background: The General Assembly established the Four-for-Life program to provide financial assistance to volunteer rescue squads and municipal EMS agencies. As required by Virginia Code 46.2-694, the Four-for-Life program collects four additional dollars on each state automobile license purchased annually. Twenty-five percent of these funds are returned to the municipality in which the vehicles are registered for enhanced training and equipment. In the FY 2010-11 Operating Budget, the City anticipated $284,197 in Four-for-Life funds. Because total funding provided by the Virginia Department of Health, Office of Emergency Medical Services exceeded the anticipated amount by $206,828, funds are available for emergency medical purposes. The Department of Emergency Medical Services recommends using these funds to purchase equipment and supplies to enhance rescue/medical capabilities that will be shared with volunteer rescue squads, career medics, and firefighters. Examples of items to be purchased include: ISTAT (blood analyzer) machines, glidescopes, medical supplies, protective apparel and pagers. ^ Considerations: Use of these funds is restricted by State Code and may only be used to purchase additional or enhanced equipment or training needs (and not to offset the cost of current services). ^ Public Information: Public information will be provided through the normal Council Agenda process. Funding distributions are announced in the Virginia Office of Emergency Medical Services and Tidewater Emergency Medical Services, Inc. newsletters. ^ Recommendations: It is recommended that Council accept and appropriate the additional $206,828 of State revenue for the purposes set forth above. ^ Attachment: Ordinance Recommended Action: Approval Submitting DepartmentlAg ncy: Department of Emergency Medic I ervices City Manage . 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO PURCHASE ADDITIONAL RESCUE EQUIPMENT AND MEDICAL SUPPLIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $206,828 is hereby accepted from the Virginia Department of Health, Office of Emergency Medical Services and appropriated, with estimated state revenues increased accordingly, to the FY 2011-12 Operating Budget of the Department of Emergency Medical Services to purchase additional rescue equipment and medical supplies. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~_,,~u w Management Services APPROVED AS TO LEGAL SUFFICIENCY: ,. ~- __ -C` -.8-°l~ ey's Office CA12095 R-1 December 19, 2011 -,. 4G,NIAB~`,tr1 l04.: " -. s. 7 ~.'.r ~ti~ `<a. "' _.. . , c~~~__ _° ',, ~J ~`~~Vyr CITY OF VIRGINIA BEACH , AGENDA ITEM ITEM: An Ordinance Appropriating State Revenue and Transferring Funds from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the General Registrar for the Presidential Primary Election MEETING DATE: January 10, 2012 ^ Background: A primary election has been ordered for March 6, 2012 in the City of Virginia Beach in accordance with §§ 24.2-515 and 24.2-517 of the Code of Virginia. State law requires each locality to pay the costs of a primary election. The FY 2011-12 Operating Budget for the General Registrar does not include funding for a primary election. ^ Considerations: The estimated total cost for the primary election is $232,901. The General Registrar's Office is capable of absorbing $27,475 within their FY 2011-12 Operating Budget. Based on previous elections, the General Registrar's Office is estimating that the State will reimburse the City for $97,000 of the expenses. To cover the remaining cost associated with the primary election, an additional $108,426 is required, and the attached ordinance would transfer these funds from the General Fund Reserve for Contingencies. If approved, the General Fund Reserve for Contingencies will have a remaining balance of $951,788. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Recommendations: Approval of the attached budget amendment providing the appropriation of estimated state funding and a transfer from the General Fund Reserve for Contingencies to pay for the primary election to be held on March 6, 2012. ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: General Registrar City Manager. ~ , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE APPROPRIATING STATE REVENUE AND TRANSFERRING FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2011-12 OPERATING BUDGET OF THE GENERAL REGISTRAR FOR THE PRESIDENTIAL PRIMARY ELECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $97,000 is hereby appropriated from the Commonwealth of Virginia, with state revenues increased accordingly, to the FY 2011-12 Operating Budget of the General Registrar; and 2. That $108,426 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the General Registrar to fund the March 2012 Presidential Primary Elections. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ~~ ~ 1 .~ ~~ ~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: -~ Ci _Att~""~ ~ e ' ice CA12101 R-1 December 22, 2011 ~B~ o J,~w • •4h~7 ~~r :~~;' ~~i~ :s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funding Within the FY 2011-12 School Operating Budget MEETING DATE: January 10, 2012 ^ Background: At their December 20t" meeting, the School Board adopted a resolution requesting that City Council adopt an ordinance transferring appropriations between the School's 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 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. The School Board's resolution requests a transfer of $213,203 from the Instruction Category of the Operating Fund to the Technology Fund, a transfer of $172,803 from the Administration Category of the Operating Fund to the Technology Fund, and $8,264 from the Operations and Maintenance Category of the Operating Fund to the Technology Fund. The resolution further requests a transfer of $8,157 from the Technology Fund to the Operations and Maintenance Category of the Operating Fund for a net transfer of $386,113 from the Operating fund to the Technology Fund. ^ Considerations: The School's total budget remains balanced, and this transfer will not change total appropriations in the School's FY 2011-12 Operating Budget. The School intends to use the funds for technology related purchases including contracted services, license renewals, computers, monitors, printers, laptops, computer supplies, and repair and maintenance supplies. ^ Public Information: Information will be disseminated to the public through the normal Council agenda process through the advertisement of the City Council agenda. ^ Attachments: School Board Resolution, Ordinance Recommended Action: Submitting DepartmentlAgency: Virginia Beach City Public Schools City Manage . `` IRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E SCHOOL BOARD Dmlel D. Edwards Chairman Dishict 1- Centervi0e 1585 Lake James lkive VA Beach,VA 23464 495.3551 (h) • 717-0259 (c) William J. °6111" Brunke, N Vice-Chairman Dishict 7 -Princess Anne 4099 Foxwood Drive, Suite 108 Virginia Beach, VA 23462 222-0134 (w- • 286.2772 (c) Todd C. Davidson At-Large 1861 Mayberry Ddve VA Beach, VA 23456 427-3330 (w) • 285.9409 (c) Emma L. "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Dorothy M. "Dottie" Holtz At-Large 1304 Downs Lane VA Beach, VA 23455 460-2440 (h) Brent N. Mckenzie DisUict 3 -Rose Hall 1400 Brookwood Place VA Beach, VA 23453 816-2736 (c) Ashley K. McLeod At-Large 5508 Del Park Avenue VA Beach, VA 23455 552-0348 (h) Samuel G. "Sam" Reid District 6 -Beach 1533 VA Beach Blvd. VA Beach, VA 23454 2841067 (c) Patrick S. Salyer District 2 - Kempsville 4849 Haymarket Drive VA Beach, VA 23462 620-2141 (c) Carolyn D. Weems District 4 - Bayside 1420 Claudia Drive VA Beach, VA 23455 464G674(h) Vacant At-Large SUPERINTENQENI James G. Mertill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 RESOLUTION REGARDING FY 2011-12 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, the Code of Virginia §22.1-115, as amended, requires that technology-related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schools/departments have technology-related and operating-related spending needs that require categorical/fund transfers to enable purchases such as: technology contracted services, license renewals, computers, monitors, printers, laptops, computer supplies, and repair and maintenance supplies; and WHEREAS, the following budget transfers are recommended by the School Administration: • Total of $213,203 from Operating Fund 115 -Instruction to Technology Fund 106 Total of $172,803 from Operating Fund 115 -Administration to Technology Fund 106 Total of $8,264 from Operating Fund 115 -Operations and Maintenance to Technology Fund 106; and • Total of $8,157 from Technology Fund 106 to Operating Fund 115 -Operations and Maintenance; WHEREAS, these transfers are also necessary to appropriately expense and account for technology-related expenses; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown above; and be it FINALLY RESOLVED: That the a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 20th day of December 2011. SEAL ATTEST: ~ f ianne P. Alexander, Clerk of the School Board 7 Daniel D. Edwards, Chairman School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 ~ ~ ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO TRANSFER FUNDING WITHIN THE FY 2011-12 SCHOOL OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds within the FY 2011-12 School Budget are hereby transferred in the amounts set forth below: 1. $213,203 from the Instruction Classification of the Operating Fund to the Technology Fund; 2. $172,803 from the Administration Classification of the Operating Fund to the Technology Fund; 3. $8,264 from the Operations and Maintenance Classification to the Technology Fund; and 4. $8,157 from the Technology Fund to the Operations and Maintenance Classification of the Operating Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ " ~ '~, Management Services f ~ -----'C`it tto ey s Office CA12100 R-1 December 27, 2011 ~~~~" ~~ r - s~> ~-= ~s~ t~x~,-.' ,., <<; , - ;:~ l`r~ !N ti~J ~~ rr:w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept the Donation of Medical Supplies and Equipment for a Disaster Medical Support Unit MEETING DATE: January 10, 2012 ^ Background: The Hampton Roads Planning District Commission (HRPDC) has purchased standardized Disaster Medical Support Units (DMSU) on behalf of Hampton Roads jurisdictions to support medical needs during mass casualty events or disasters using funds from Department of Homeland Security Urban Areas Securities Initiatives, Metropolitan Medical Response System (MMRS) grants and funds collected from the HRPDC jurisdictions. To date they have provided a complete cache to 10 localities at no cost. The host agencies each agreed to honor mutual aid requests from other Hampton Roads jurisdictions for use of the DMSU (when available) during mass casualty events or disasters that exceed the resources of the requesting party. A DMSU carries supplies to manage 50 or more patients. Each unit is configured the same to allow seamless interoperability across jurisdictional lines. Prior to inception of the program, the City of Virginia Beach Department of Emergency Medical Services (VBEMS) operated two conventional panel-style trucks purchased under Department of Homeland Security grants as mass casualty units. While these vehicles were very capable, they lacked the standard equipment and layout of the regional DMSU. In 2008, one of these trucks, callsign "MC12," was converted into a regional DMSU at no cost to the City. The enhanced equipment raised the standard of service and capacity of the truck. Since its conversion, MC12 has participated in a number of regional exercises as well as actual responses as far away as Suffolk. HRPDC/MMRS now has funds available to convert the City's second MCI truck as well. This not only will increase the City's disaster response capacity, but also will allow VBEMS to avoid the cost of replacing nearly $5,000 in expiring supplies in 2012. The converted truck will provide a higher level of care capability, including onboard generator, specialized airway kits and oxygen manifolds. Examples of other equipment and medical supplies include backboards, splints and bandage supplies, adult and pediatric patient assessment and treatment supplies, intravenous supplies, intubation kits, body bags, protective coveralls, decontamination kits, etc. The total value of the donated vehicle conversion and associated supplies is $54,000. ^ Considerations: Given the City's geographic size and diverse risk sites, there is a need for two mass casualty response vehicles deployed at strategic locations. Today one of these is stocked to the regional standard with the latest available equipment while the other has a less comprehensive inventory. The older supplies are aging with many items either at their expiration date or no longer serviceable for emergency use. The conversion will more than double the existing capabilities as well as provide for uniformity with the other disaster support units across the Hampton Roads region. This donation does not require the City to provide a local funding, and does not require a memorandum of understanding or written agreement. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Recommendations: Accept the donated supplies and equipment ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Department of Emergency Medi alc~' s City Manager: ~-- 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT THE DONATION OF MEDICAL SUPPLIES AND EQUIPMENT FOR A DISASTER MEDICAL SUPPORT UNIT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That disaster medical supplies and equipment valued at $54,000 is hereby accepted from the Hampton Roads Planning District Commission to convert an existing mass casualty vehicle in the Department of Emergency Medical Services to a disaster medical support unit for the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. APPROVED AS TO CONTENT ~ ~~ ~~' Management Services APPROVED AS TO LEGAL SUFFICIENCY: CA12097 R-1 December 21, 2011 K. PLANNING 1. Application of STEVE'S TOWING, INC./W. CECIL CARPENTER FAMILY TRUST for a Conditional Use Permit re bulk storage of motor vehicles at 5890 Thurston Avenue. DISTRICT 4 -BAYSIDE RECOMMENDATION APPROVAL 2. Applications of ARAGONA CHURCH OF CHRIST at 527 North Witchduck Road. DISTRICT 4 -BAYSIDE a. Change of Zoning District Classification from R-7.5 Residential to Conditional PD- H2 Planned Unit Development Overlay with underlying A-12 Apartment b. Conditional Use Permit re a religious use STAFF RECOMMENDATION DENIAL PLANNING COMMISSION RECOMMENDATION APPROVAL 3. Application of LBH, LLC/VIRGINIA BF,ACH ASSOCIATES, L.C. for a Change of Zoning District Classification from I-1 Industrial to Conditional A-36 Apartment at 400 and 402 Military Highway DISTRICT 1 - CENTERVILLE STAFF RECOMMENDATION DEFERRAL 4. Application of ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC. for a Modification of Proffers on Conditional Change of Zoning at Princess Anne Road Village B, South side of Ashville Park DISTRICT 7 -PRINCESS ANNE RECOMMENDATION DEFERRAL Application of NEW CINGULAR WIRELESS, LLC - T/A AT&T for a Modification of Condition No. 2 on a Conditional Use Permit (approved April 13, 2010) re a wind loading requirement at 408 Sandbridge Road DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 6. Ordinance to AMEND Sections 2100 and 2102 of the City Zoning Ordinance (CZO) pertaining to the purpose and intent of Article 21 (Workforce Housing) re definitions and eligibility requirements RECOMMENDATION APPROVAL N'^"D~c }S~ ti~ UO4 (( ~ S C;,~ r~j~ ~'~~ Neu. e...e+' 6° CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: STEVE'S TOWING, INC./W. CECIL CARPENTER FAMILY TRUST Conditional Use Permit, bulk storage, 5890 Thurston Avenue (GPIN 1459937553). BAYSIDE DISTRICT MEETING DATE: January 10, 2012 ^ Background: This is a request for a Conditional Use Permit to allow bulk storage of motor vehicles, specifically towed vehicles. The applicant wishes to occupy a portion (6,750 square feet) of a larger, industrially zoned site to store towed vehicles - illegally parked, wrecked, and abandoned motor vehicles. The application states that the storage area will consist of a gravel surface surrounded by an existing chain link fence with barbed wire and proposes to utilize the existing vegetation to meet the Category VI plant material requirement. The applicant is currently on the State Police rotation for accident calls and is seeking acceptance with the Virginia Beach Police Department's rotation as well. ^ Considerations: Ideally, this industrial type of use is most appropriate surrounded entirely by industrial zoning and industrial uses as delivery of vehicles to the site is proposed 24 hours a day, 7 days a week. The applicant has chosen this location due to the surrounding industrial uses, its location within the Airport Industrial Park and its proximity to the interstate. The almost 6,800 square foot lease area appears to have been used for storage in the past. As the bulk storage yard will be used for holding abandoned vehicles, illegally parked vehicles, and vehicles from police calls, the trip generation is expected to be very minimal and will not negatively impact surrounding properties. As required by the Zoning Ordinance, a condition to screen the bulk storage yard from view of the right-of-way is recommended. Existing plant material exists along the northern property and is proposed to remain to meet the screening requirement. There was no opposition to the request. ^ Recommendations: Staff recommended approval of this request with the condition listed The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommended approval of this request to the City Council with the following conditions: Steve's Towing, Inc. Page2of2 The existing chain link fence may remain, however, the length offence parallel to Baker Road shall be replaced with a solid fence, at least 6 feet in height and plant material meeting the Category VI screening requirement shall also be installed prior to issuance of a Certificate of Occupancy. Existing plant material along the northern property line shall remain and the applicant shall develop a planting plan in consultation with the Development Services Center's Landscape Architect to fill in areas devoid of plant material. In the event that the applicant elects to remove the existing plant material in this area, plants meeting the Category VI screening requirement shall be installed along the northern property line. 2. Any vehicle towed to the storage yard shall be operable with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within 5 business days of arrival at the site. No wrecked vehicle shall remain on the site for more than 5 business days. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting DepartmentlAgency: Planning Department City Manager. S ~ , ~~ REQUEST: Conditional Use Permit (bulk storage -motor vehicles) ADDRESS /DESCRIPTION: 5890 Thurston Avenue 1 December 14, 2011 Public Hearing APPLICANT: STEVE'S TOWING, INC. PROPERTY OWNER: W. CECIL CARPENTER FAMILY TRUST STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14599375530000 BAYSIDE 109,694 square feet Less than 65 dB DNL 6,790 square feet lease area SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow bulk storage of motor vehicles, specifically towed vehicles. The applicant wishes to occupy a portion (6,750 square feet) of a larger, industrially zoned site to store towed vehicles -illegally parked, wrecked, and abandoned motor vehicles. The application states that the storage area will consist of a gravel surface surrounded by an existing chain link fence with barbed wire and proposes to utilize the existing vegetation to meet the Category VI plant material requirement. The applicant is currently on the State Police rotation for accident calls and is seeking acceptance with the Virginia Beach Police Department's rotation as well. LAND USE AND PLAN INFORMATION EXISTING LAND USE: warehouse and storage yard Steve's Towing, Inc. Agenda Item 1 Page 1 SURROUNDING LAND North: . Office warehouse / I-1 Industrial District USE AND ZONING: South: • Thurston Avenue • Office warehouse / I-1 Industrial District East: • Baker Road • Office warehouse / I-1 Industrial District West: Office warehouse / I-1 Industrial District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL FEATURES: to be any significant environmental or cultural resources on the site as it is developed for an industrial use and almost entirely impervious. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as within the Burton Station Strategic Growth Area #1. The area is predominantly industrial, but also has significant tracts devoted to residential and commercial uses. The Northampton Boulevard Corridor SGA Implementation Plan proposes guidance on how the area should evolve in order to accomplish an arrangement of land uses to achieve an attractive, coherent, and marketable destination and calls for increased connectivity and access to the Airport Industrial Park. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Baker Road and Thurston Avenue, in the vicinity of this application, are both considered 2-lane undivided minor suburban arterials. Neither right-of-way is located on the MTP. No roadway CIP projects are slated for these street segments. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Baker Road 6,809 ADT 13,600 ADT (Level of Service "C") - 16,200 ADT' (Level of Service ,. E.. Thurston Avenue No Data Available No Data Available No Data Available" Average Daily Trips "As the storage yard will be used for the storage of abandoned vehicles, illegally parked vehicles, and vehicles from police calls, the trip eneration is ex ected to be ve minimal. WATER 8~ SEWER: This site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION Ideally, this industrial type of use is most appropriate surrounded entirely by industrial zoning and industrial uses as delivery of vehicles to the site is proposed 24 hours a day, 7 days a week. The applicant has chosen this location due to the surrounding industrial uses, its location within the Airport Steve's Towing, Inc. Agenda Item 1 Page 2 Industrial Park and its proximity to the interstate. The almost 6,800 square foot lease area appears to have been used for storage in the past. As the bulk storage yard will be used for holding abandoned vehicles, illegally parked vehicles, and vehicles from police calls, the trip generation is expected to be very minimal and will not negatively impact surrounding properties. As required by the Zoning Ordinance, a condition to screen the bulk storage yard from view of the right-of-way is recommended. Existing plant material exists along the northern property and is proposed to remain to meet the screening requirement. Staff recommends approval of this request with the condition listed. CONDITIONS The existing chain link fence may remain, however, the length of fence parallel to Baker Road shall be replaced with a solid fence, at least 6 feet in height and plant material meeting the Category VI screening requirement shall also be installed prior to issuance of a Certificate of Occupancy. Existing plant material along the northern property line shall remain and the applicant shall develop a planting plan in consultation with the Development Services Center's Landscape Architect to fill in areas devoid of plant material. In the event that the applicant elects to remove the existing plant material in this area, plants meeting the Category VI screening requirement shall be installed along the northern property line. 2. Any vehicle towed to the storage yard shall be operable with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within 5 business days of arrival at the site. No wrecked vehicle shall remain on the site for more than 5 business days. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. Steve's. Towing,;lnc. Agenda Ite;~n 1 Page 3 AERIAL OF SITE LOCATION Steve's Towing, Inc. Agenda Item 1 Page 4 THIS IS TO CERTIFY THAT I ON JUNE 11, 2008 SURVEYED THE PROPERTY SHOWN ON THIS PLAT. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. THE ONLY EASEMENTS APPEARING ON THIS ~ SURVEY ARE THOSE WHICH WERE SHOWN ON THE RECORDED SUBDIVISION PLAT. PARCEL XXIII S 89U7'01' E 228.81' t2.8' i; a x 193 _~ c-- 15' CASEMENT ' a 55' ~ J .. I ~ • ~• • •"n 9.7' . . .. N~ l •FRAME StEOS.• B' BARBED •, ~p'f~.. '^ I NO fOUNDAnONS •, wRE FENCE '~- I'• - •~ 6'•N1RE "~ ~ J' 1V . FENCE - r~ 1 • TV PEO. 88' ~• ' I -... ~ PARCEL III ° ° ' ~ I 710.899.09 SE v I OR 2.5459 AC. ~pb~ _ ' I ~ p~ . I I i, 51.8' 4}.7 I ~ 160.0' .. r .- `~ r PARCEL IV ~I ~ ~I , 1 n oI 1 / t STORY R2A4E N °m "1 WAREHOUSE ~ I I~. J ,b69D ~. ~: ~; a W I •~ ' ~~~~E - m ~ o ~~-~ 3b~ ~ Y ~ ~~ m ~~~,vTx o ~~ • 1I ~ ,~ I6o.D' '/ o DENNI TAFLA BdS .- f ~ 9 • ~ vAR w,om LIC. N0. i ~ pOREICN OF 002189 .' 15D' VEPCO ZP//Z/08 ~~ ,, ap~~~Q1 ~ ' ~ EAS~EMENI t 0~ ~ - P~yt~' FLAG ~ ~ ~ SUR .... ~1 ~. QpP'I' ' .. ~. PO'.E i PIN (F) 0 ~ a6.55' ~~~~Q PIN (F) 246.67' ,-rn ~N 89'0701' W ELEC. ~Ry~ J J BD7( THURSTGN AVENUE 60' 1 ' ,~~, r. Y , ~-' .t„~ PHYSICAL SURVEY OF PARCEL III, SUBDMSION OF PARCELS III & N, AIRPORT INDUSTRIAL PARt NOTE: THIS PROPERTY APPEARS TO FALL IN VIRGINIA BEACH, VIRGINIA M.e.e~ r.ss FL000 ZONE(S) X AS SHOWN ON THE ra+ NATIONAL FLOOD INSURANCE PROGRAM MAP W, C. CARPENTER FOR THE CITY OF VIRGINIA BEACH COMMUNITY N0.515531-0010 E DATED 12/5196 DATE: JUNE 11, 2008 f'1 1 /1 DENNIS J. GERWlrz, P.c BASE ELEVATION NIA SCALE: 1" = 50'VI y14/. IVY soo cerJrRAL owve, suite i :-~ LOWEST FLOOR ELEVATION N/A F.B.: 501 CAD TECH: JSO vwc~Nw eewcH vt~vuA :a.~ xrn.~uic mecca inavs~m~ v.x ~v+a<~ PROPOSED SITE PLAN Steve's Towing, Inc. Agenda Item 1 Page 5 PHOTOGRAPH OF SITE 's Towing, Inc. Agenda Item 1 Page 6 a-t - ~ ~. i ZONING HISTORY # DATE REQUEST ACTION 1 09/08/98 CUP communication tower Granted 2 07/09/96 CUP (communication tower/VA Power Transmission Tower Granted ~~~'°~ ~~ Towing, Inc. .~ lends Item 1 Page 7 k 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) j'("~1~5'iUW~t~ la~C. Si~`Ui~~ ~1LL.trluiA ~P~~ 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) J ~' 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 aparent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) N/A --T 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 ore oyee of ity 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? z 0 c~ o~ F-~ W w w z 0 A z 0 DISCLOSURE STATEMENT Steve's Towing, Inc. Agenda Item 1 Page 8 ~--~ ~•-••~ a a w z 0 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach I~t 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. s "Afl'iliated business entity relationship" means "a relationship, other than parerrt- 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 ~ntrol 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 lwo 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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: !certify that the information contained herein is true and accxuate. I understand that, upon receipt of not cation (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the sutry'ect 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 Planni hotog h d the site for pur es of processing and evaluating this application. eC~ss. S~t~N 61tyt!ilJ• Qz1.Siq ~~' "~~1t5~ '-~l:1VJ~ t+~ C. STZ~tIJIa t -~4r!~ Applignt's Signature Pnnt Name l~ Ge F~ cam'-,.~`-, ~.~-1-.~~ ~i~ ~/. ~c,~~~,o~~~/fin,/y r Property Owner's Si nature (if d~ Brent tha pplignt) Print Name uS~ DISCLOSURE STATEMENT Steve's Towing, Inc. Agenda Item 1 Page 9 W Q N Q Z ~C m a V d c G ~ :~ ~~ oG 4 N .y. Q 04 ~ G C.; O ~ O ~~ N tn~ Nu'~ -~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ARAGONA CHURCH OF CHRIST, Change of Zoninct District Classification, R-7.5 Residential to Conditional PD-H2 Planned Unit Development Overlay with underlying A-12 Apartment, Comprehensive Plan -Suburban Area. 10.88 DU/acre. Conditional Use Permit, religious use 527 North Witchduck Road (GPIN 1467981860). BAYSIDE DISTRICT MEETING DATE: January 10, 2012 ^ Background: This is a request to subdivide a 1.47 acre parcel from an existing church site and rezone it from R-7.5 Residential District to A-12 Apartment District with a PD-H2 Planned Unit Development Overlay. The proffered plan depicts sixteen single-family dwellings aligned on either side of the roads. Driveways fronting each of the houses and six guest parking spaces are designed with pervious pavers. Stormwater will be routed to Witchduck Lake. The PD-H2 Planned Unit Development District requires that 15% of the total land area be designated for open space and left in a natural state or used for recreational purposes. The submitted plan indicates that 24.6% or 18,035 square feet will be designated for open space use and rezoned to P-1 Preservation District. The area that the applicant identifies as open space is found at the beginning and end of each row of homes and includes the area west of the homes, within a 20' utility easement and a 5' drainage easement. The PD-H2 Planned Unit Development District also requires a minimum lot size of five acres for this district to be utilized and the Zoning Ordinance requires the application specify a public benefit that would be gained by developing this site as a Planned Unit Development. This site contains 1.68 acres and is 3.32 acres shy of satisfying the minimum acreage requirement. In addition, no public benefit has been submitted. The remaining 2.22 acres of the property, that is not being rezoned, will continue to house a religious use within the existing one-story building. A 10-foot wide Category IV landscape easement with landscaping is proposed along the western property line of the new church parcel. A Conditional Use Permit for the church is required because the applicant is reducing the size and design of the original church site. Although this proposal will reduce the church site to 2.22 acres, less than the minimum three acres required for a religious use, the church fits well on the smaller site. ^ Considerations: The applicant has improved the proposal from when the application was initially submitted. The applicant has removed the previously proposed trail running behind the single-family dwellings which was identified by the Police Department as a safety concern. The applicant has realigned the road and redesigned the housing configuration to reduce the monotonous streetscape that was a concern. Mail-boxes and benches have been added to the development improving the sense of community by providing gathering places throughout the Aragona Church of Christ Page2of5 condominium development and an internal sidewalk system to get to these gathering places. Six guest parking spaces have been added, alleviating staff's previous guest parking concerns. The proposed A-12 density is in keeping with density in the vicinity and the site is not impacted by any AICUZ compatibility concerns. These positive points, however, are overridden by the following negative components of the proposed land use plan. • Resident parking does not satisfy minimum parking requirements. Each home has one parking spaces and asingle-car garage. City Code requires that each home have a minimum of two, 9'x18' parking spaces, not including the garage. The proposed 18'x17' driveway must be enlarged to a minimum of 18'x18' in order to satisfy minimum parking requirements. The proposed open space is not acceptable. The land use plan designates 5,050 square feet near the site's mail-boxes and an additional 12,958 square feet behind the homes at the end of each row of homes as open space. Staff, however, finds that only 5,050 square feet of the identified open space near the mail-boxes should be counted toward the developments open space requirements. The other 12,958 square feet of open space is not suitable to be used in its natural state or for recreational related uses as required by the Zoning Ordinance. Staff recommends that two additional dwellings and adjacent driveways be eliminated and replaced with at least 5,927 square feet of open space. This additional open space will ensure that, at minimum, 15% of the development is devoted to open space that can be enjoyed by the entire community. • Home design could be improved to emphasize front porches and minimize garages. Ideally, these moderate sized homes should have rear vehicle access to improve the streetscape. At a minimum, architectural elevations should be designed to emphasis the porch and front door by bringing the gable end roofs over the front entry, rather than having the gable feature over the garages as shown. • Improved landscaping is recommended. While staff is supportive of the additional row of landscape materials provided along Witchduck Court, it is unclear what types of plantings are proposed. Staff has some remaining concerns as identified within the evaluation. Specifically, the Development Service Center and Parks and Recreation recommends improved open space configuration. The Development Service Center recommends improved sidewalk design and screening behind homes situated along Witchduck Court. The Environmental Sustainability Offices recommends an additional proffer to ensure any oil spills are handled appropriately, due to the close proximity of an existing oil tank. Since the size of this planned unit development is well below the required minimum of five acres, the developer should have an exceptional land use plan that overcomes concerns about using the PD-H2 Overlay. This has not been accomplished and no public benefit has been identified which would justify using the PD-H2 Overlay District to develop this site. Modification of the church conditional use permit to reduce the size of the church site below the current area is acceptable. The church functions well on the reduced 2.22 acre site which contains the church building, some open space and all required parking. Aragona Church of Christ Page 3 of 5 There was opposition to the request. ^ Recommendations: Staff recommended denial of the conditional rezoning. The Planning Commission, passing a motion by a recorded vote of 11-0, recommended approval of this request to the City Council with the following proffers and conditions: CONDITIONAL REZONING PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property shall be used for the purposes and uses permitted in the PDH-2 Zoning District with an underlying A-12 Zoning District. The Open Spaces as defined herein shall be rezoned to P-1 as required by the PHD-2 Ordinance. The total number of dwelling units permitted on the Property shall not exceed sixteen (16). Each dwelling unit shall contain a minimum of 1,350 square feet of living area, and at least a single (1) car garage. The Property shall provide for six (6) guest parking spaces. The Open Spaces, as defined herein, shall be rezoned to P-1, prior to subdivision approval, as required by the City Zoning Office. PROFFER 2: A subdivision plat approved by the City of Virginia Beach shall be duly recorded to sever all the Parent Property from the Property. The subdivision plat shall comply with applicable City Zoning Ordinances, including but not limited to the minimum lot size requirements. PROFFER 3: Grantor shall comply with all reasonable terms and conditions of all City Ordinances related to matters of Public Works, Traffic Engineering, Public Safety, Public Utilities and Storm Water Management. PROFFER 4: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "EXHIBIT OF WITCHDUCK COURT CONDOS, Virginia Beach, Virginia," dated May 1, 2011, prepared by MSA (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. PROFFER 5: The architectural design of the residential buildings will be substantially as depicted on the two (2) elevations designated as WITCHDUCK COURT CONDOS PLAN AND DETAILS, Virginia Beach, Virginia" prepared by Progressive Designs have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building Aragona Church of Christ Page 4 of 5 materials shall be a combination of architectural shingles, raised seam metal roof accents, faux cedar vinyl, beaded vinyl, vinyl and brick skirts. PROFFER 6: The dimensional requirements applicable to Witchduck Court shall be as follows: ^ Minimum Distance from Witchduck Court - 20 feet ^ Minimum Setback from Adjacent Properties -North 10 feet ^ Minimum Setback from Adjacent Properties -South 20 feet ^ Minimum Setback from Adjacent Properties -East 15 feet PROFFER 7: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. The Condominium documents shall include restrictive covenants which prohibit use of the common areas for any purpose but recreation and open space use. PROFFER 8: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are open spaces (the "Open Spaces") which shall be utilized as such. PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 10: Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. PROFFER 11: All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. PROFFER 12: The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, Aragona Church of Christ Page 5 of 5 damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. STAFF COMMENTS: The proffers listed above are not acceptable as they do not dictate the level of quality as identified within City Zoning Ordinances, Subdivision Regulations and Comprehensive Plan. The City Attorney's Office has, however, reviewed the proffer agreement dated July 7, 2011, and found it to be legally sufficient and in acceptable legal form. USE PERMIT CONDITIONS A plat must be submitted to the Planning Department /Development Service Center and approved for recordation no later than 90 days after City Council approval of this Use Permit. Said plat shall establish, at minimum, a ten foot landscape easement with Category IV plantings in substantial conformance to the site plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. A landscape plan depicting proposed Category IV plantings shall be submitted to the Planning Department /Development Service Center no later than 180 days after City Council approval of this Use Permit. Category IV planting shall be located in substantial conformance to the Category IV planting as shown on the submitted site plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. Category IV plantings as shown on the submitted site plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011 shall be installed no latter 360 days after City Council approval of this Use Permit. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended denial. Planning Commission recommended approval. Submitting DepartmentlAgency: Planning Department City Manager: S ~/ hlys • O V W ~~ A ,. i'_ 5 \/\ ~~Y ~ {~ \j1~ .fit ` rrl ~---~ ~ ~1 ~~_l ~'~ C ' ~ ~-~ S -\ f) r--- I--~`~ ~- -,;; ~ - ~_ ,~~' ~ ~~ ~ ~ ~ ! , . ~ _I i ``: , 1 ~ Ci l ~ f -I r j~ r _~ -'} tad ~ -~ ~,~ ~ ,~ ~r ~ ~ ^ t 5~1~ ~ ~ S~ y~ _ ~, ~`;:, ~,Y~ 111 ~~~'r~ ~_ -- - ~,_ ~ ~ zr ~ --_ - ~ ~~s a3ww~r s~ ~ ~~ f '~~ ( ~ i I J - ~ 1 " r` ~ f ~~" I '1--'1 i~' ~ -- /// ~ I ~;; _ ~ ~ _ I~ ~-.~- ~., ~ I ti ! f I Ir---~ -~ I ~wy I LJr I _ I' ~ ----- _ ^~ ~ -, -? r ~~~ - tS'~~ d fl y d ; oG aN ~4 wa N 0 o~ c~ w -- o ~a N V"i 3AYSIDE ~~~ ~-~ Artl~+tlnd l.nurcn t-T ~.nns~ r '. TS' ..~%~ ~. + ~ R'~5~, ~ '- -Y ~ - ~ ~~_ . ~ ~. 1 / ~ A12' R~.S ~-., . x R7.5 / ~. ~' '~ ~ ' J -~7 ~ r h ~ ~ ! 7 p ~t ~ • ~ yam, r .i~ll~ ~ " ~ /~ 1 17.5 =--- ~~ ~ ~~ ~~ ~~: ~~ ~T~ CondNlonN R-7.5 M CondtUonal PO-N2 wlth UrMeriHnO A-12 15&16 December 14, 2011 Public Hearing APPLICANT /PROPERTY OWNER: ARAGONA CHURCH OF CHRIST STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Change of Zoning (R-7.5 Residential to Conditional PD-H2 with underlying A-12 Apartment) Conditional Use Permit (Religious Use) ADDRESS /DESCRIPTION: 527 N. Witchduck Road GPIN: ELECTION DISTRICT: TOTAL SITE SIZE: AICUZ: 14679818600000 BAYSIDE 3.904 acres Less than 65 dB DNL (Religious use: 2.22 acres; Rezoning request: 1.68 acres) SUMMARY OF REQUEST The applicant proposes to subdivide a 1.47 acre parcel from an existing church site and is requesting to rezone it from R-7.5 Residential District to A-12 Apartment District with a PD-H2 Planned Unit Development Overlay. The proffered land use plan shows a 24-foot wide curvilinear street which branches off into two, 22-foot wide streets and sixteen single-family dwellings are aligned on either side of the roads. A six-foot tall wooden privacy fence is located along a newly proposed eastern property line and the existing western property line. Guest parking spaces and driveways fronting each of the houses are designed with pervious pavers. A total of six guest parking spaces are proposed, two guest spaces are provided along the northern property line and four spaces are provided near the development's entrance, north of a proposed central mail-box area. A two-foot tall, brick, monument style entrance sign is also situated at the development's entrance adjacent to Witchduck Court. West of the entrance sign is a decorative four-foot tall, coated aluminum fence with brick columns spaced eight feet on-center. Stormwater will be routed to Witchduck Lake. The PD-H2 Planned Unit Development District requires that 15% of the total land area be designated for open space and left in a natural state or used for recreational purposes. The submitted plan indicates that 24.6% or 18,035 square feet will be designated for open space use and rezoned to P-1 Preservation ARAGONA CHURCH OF CHRIST Agenda items 15 & 16 Page 1 District, as required. The area that the applicant identifies as open space is found at the beginning and end of each row of homes and includes the area west of the homes, within a 20' utility easement and a 5' drainage easement. Benches and walkways are provided within the open area located within the southwest corner of the site and behind the central mailboxes near the entrance to the site. The PD-H2 Planned Unit Development District also requires a minimum lot size of five acres for this district to be utilized and the Zoning Ordinance requires the application specify a public benefit that would be gained by developing this site as a Planned Unit Development. This site contains 1.68 acres and is 3.32 acres shy of satisfying the minimum acreage requirement. In addition, no public benefit has been submitted to staff for review. The exterior architecture of the proposed dwellings consists of coastal cottage design including architectural shingles, raised standing seam metal roof accents, faux cedar vinyl, beaded vinyl, and vinyl and brick skirts. Each dwelling unit contains a minimum of 1,350 square feet of living area, and asingle- cargarage. All open space and improvements, including the private street, will be maintained by a mandatory Condominium Association. The remaining 2.22 acres of the property, that is not being rezoned, will continue to house a religious use within the existing one-story building. The churches 95 parking spaces are located east of the facility. A 10-foot wide Category IV landscape easement with landscaping is proposed along the western property line of the new church parcel. A Conditional Use Permit for the church is required because the applicant is reducing the size and design of the original church site. Although this proposal will reduce the church site to 2.22 acres, less than the minimum three acres required for a religious use, the church fits well on the smaller site. APPLICATION HISTORY: Planning Commission deferred this request on August 10, 2011, September 14, 2011 and then on November 9, 2011 to allow the applicant to discuss the proposal further with staff and make modifications as requested by Planning Commission at the November 9`h hearing. Changes to proposed condominium development include the following: Removal of one single-family dwelling; • The addition of six visitor parking spaces; The addition of a six-foot tall privacy fence along the western property line; • The addition of approximately 1,150 square feet of open space; • The addition of a row of landscape plantings along Witchduck Court; The driveway leading to each of the single-family homes has been reduced by one-foot; and • The front porches for each of the proposed dwellings have been redesigned. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Religious use with associated parking and open space SURROUNDING LAND North: Multi-family dwellings / A-12 Apartment District USE AND ZONING: South: Witchduck Court • Across Witchduck Court are religious, office, and retail uses / • B-2 Community Business District East: Single-family dwellings / R-7.5 Residential District ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 2 West: Multi-family dwellings / A-12 Apartment District NATURAL RESOURCE AND The western portion of the site is a grass field with a row of Crape Myrtle CULTURAL FEATURES: trees situated along Witchduck Court. There are no other known natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: This area of the City is designated as a Suburban Area and contains policies to guide and protect the future physical character of the area. The overriding objective of these policies is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The following are characteristics of the Suburban Area: predominantly low-density residential subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or multi-family units; low-intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems design for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. (p. 3-2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP1 /CAPITAL IMPROVEMENT PROGRAM (CIP1: North Witchduck Road in front of this application is considered afour-lane divided minor urban arterial. The Master Transportation Plan proposes afour-lane divided facility within a 110-foot right-of-way. Currently, this segment of roadway is functioning near capacity at a Level of Service D. Witchduck Courtin front of this application is considered atwo-lane undivided collector/local street. No roadway Capital Improvement Program projects are slated for these segments of roadway. TRAFFIC: Street Name present present Capacity Generated Traffic Volume Witchduck Road 17,201 ADT 22,800 ADT (Level of Existing Land Use - Service "D" 59 ADT + 377 Sunday ADT 4 Witchduck Court No Existing Traffic Proposed Land Use - Counts Available 163 ADT+377 Sunday ADT Average Daily Trips 68 acres of R-7.5 zoning + a 10,300 square foot church s as defined by 1 . s as defined b 17 residential condo units + a 10,300 s uare foot church PUBLIC WORKS /TRAFFIC ENGINEERING: A sidewalk is required from the church parking lot entrance to the west side of the rezoned property. PUBLIC WORKS / STORMWATER: Appropriate stormwater management is required to compensate for the increase in imperious cover. A stormwater management plan must be submitted and approved during detailed site plan review. DEVELOPMENT SERVICE CENTER: A sidewalk is required along Witchduck Court along the entire frontage ARAGONA CHURCH OF CHRIST Agenda-Items 15 & 16 Page 3 of the proposed development connecting to the existing sidewalk at the entrance to Aragona Church of Christ. Relocate the open space area to a more central place within the development. Crime Prevention Through Environmental Design (OPTED) strategies actively support locating playground, picnic areas or natural common areas to the center or high profile area of a property to offer surveillance opportunities to these areas and a feeling of ownership. Additional plant material at the rear of the residences that back up to Witchduck Court should be provided. Plant material is encouraged to be innovative in terms of spacing and arrangement and incorporate existing vegetation when applicable to allow the widest possible variation for visual enhancement. Species diversity for all planting plans is also encouraged. FIRE: Fire lane markings on both sides of the proposed right-of-way are required because the right-of-way is less than 26 feet wide. These markings will be reviewed and approved during detailed site plan review. No on-street parking will be allowed. PARKS 8 RECREATION: The private open space shown may technically meet the zoning requirement; however, it would better serve the neighborhood if the amenities (trail and benches) were located on the side of the property adjacent to the green space at the church. ENVIRONMENTAL SUSTAINABILITY OFFICE: The Phase I Environmental Site Assessment indicates no items for concern. The Assessment, however, notes that an underground oil tank close to the boundary of the property exists on the Aragona Church of Christ Property. While the tank is still in use and has not exhibited any spills or leakage, the potential exists for impacts to the northeastern corner of the property. It would be prudent to suggest that as a condition of approval, any evidence of spillage or leakage that is apparent once site work commences on the property be reported by the developer to the City and Department of Environmental Quality so that appropriate remediation can occur if warranted. WATER: This site currently connects to city water. The existing 1-inch water meter (City ID #95081162) may be used or upgraded to accommodate the proposed development. There is an existing 10-inch city water main along North Witchduck Road. There is an existing eight-inch water main along Witchduck Court. SEWER: This site currently connects to city sanitary sewer. Sanitary sewer and pump station analysis for Pump Station #352 is required to determine if future flows can be accommodated. There is an existing 10-inch city sanitary sewer gravity main along the intersection of North Witchduck Road and Widchduck Court. There is an existing 10-inch city sanitary sewer gravity main along Witchduck Court. SCHOOLS: School Capacity Generation' Change z Enrollment Luxford Elementary 522 536 2 1 Bayside Middle 977 1,070 1 1 Bayside High 1,842 1,708 2 1 "generation" represents the number of students that the development will add to the school z "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be ositive additional students or ne alive fewer students . ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 4 EVALUATION AND RECOMMENDATION Staff appreciates the time that the applicant spent to improve the proposal from when the application was initially submitted. The applicant has removed the previously proposed trail running behind the single- family dwellings which was identified by the Police Department as a safety concern. The applicant has also realigned the road and redesigned the housing configuration to reduce the monotonous streetscape that was a concern. Mail-boxes and benches have been added to the development improving the sense of community by providing gathering places throughout the condominium development and an internal sidewalk system to get to these gathering places. Six guest parking spaces have been added, alleviating staff's previous guest parking concerns. The proposed A-12 density is in keeping with density in the vicinity and the site is not impacted by any AICUZ compatibility concerns. Staff further acknowledges that the 1.68 acre site is not being utilized by the religious use and the sale will help the church financially. The proposal also responds to the current market demand for moderately sized, detached homes and the applicant has made good use of permeable pavers. These positive points, however, are overridden by the following negative components of the proposed land use plan. Resident parking does not satisfy minimum parking requirements. Each home has one parking spaces and asingle-car garage. City Code requires that each home have a minimum of two, 9'x18' parking spaces, not including the garage. The proposed 18'x17' driveway must be enlarged to a minimum of 18'x18' in order to satisfy minimum parking requirements. The proposed open space is not acceptable. The land use plan designates 5,050 square feet near the site's mail-boxes and an additional 12,958 square feet behind the homes at the end of each row of homes as open space. Staff, however, finds that only 5,050 square feet of the identified open space near the mail-boxes should be counted toward the developments open space requirements. The other 12,958 square feet of open space is not suitable to be used in its natural state or for recreational related uses as required by the Zoning Ordinance. The majority of the proposed open space is too narrow to support any recreational use or use by the residents in its natural state. Further, staff does not recommend including areas that are typically identified as asingle-family dwellings' back yard and side yard within open space calculations because these areas are suitable for private recreation as opposed to being used as common open space for the entire development. The proposed condominium's communal open space should provide a good focal point for the development and be situated to encourage all residents of the development to utilize the area for passive or active recreation. Staff finds that the majority of the identified open space areas do not satisfy this goal. Staff, therefore, recommends that two additional dwellings and adjacent driveways be eliminated and replaced with at least 5,927 square feet of open space. Specifically, it is suggested that houses 16 and 1 be eliminated and replaced with open space. This additional open space will ensure that, at minimum, 15% of the development is devoted to open space that can be enjoyed by the entire community. Home design could be improved to emphasize front porches and minimize garages. Ideally, these moderate sized homes should have rear vehicle access to improve the streetscape. At a minimum, architectural elevations should be designed to emphasis the porch and front door by bringing the gable end roofs over the front entry, rather than having the gable feature over the garages as shown. While increasing the width of the front porch area and limiting the garages to a one car size was helpful, staff's concern regarding the design of the gable end roofs remains. ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 5 Improved landscaping is recommended. While staff is supportive of the additional row of landscape materials provided along Witchduck Court, it is unclear what types of plantings are proposed. Without additional information pertaining to the type and size of the landscape materials proposed, staff is unable to determine if the proposed landscape materials adequately screen the rear of the homes along Witchduck Court. Staff recommends that additional information be provided regarding the type and size of the proposed plantings along Witchduck Court for review. In addition, at least a three foot wide landscape area is recommended along both sides of all proposed sidewalks except for necessary opening for driveways and parking spaces. Pushing the houses to the rear of site allows for this additional green space in front of the houses. The additional front yard landscaping helps to foster a pedestrian friendly community which is vital to the developments success. According to the National Association of Realtor's Survey (2011), 77% of public consider sidewalks and places to take walks important. Staff also recommends that the newly proposed six-foot privacy fence along the western property line be reduced to 4 feet tall within the first 20 feet of the development adjacent to Witchduck Court. The surrounding community does not have fences taller than four feet tall adjacent to Witchduck Court, Staff therefore finds that the height of the purposed fence should be reduced to four feet tall within this area to maintain consistently with the surrounding community. Although the revised proposal improves the development, staff has some remaining concerns as identified within the above evaluation and as outlined within the City Services section of this report. Specifically, the Development Service Center and Parks and Recreation recommend improved open space configuration. The Development Service Center goes on to recommend improved sidewalk design and screening behind homes situated along Witchduck Court. The Environmental Sustainability Offices recommends an additional proffer to ensure any oil spills are handled appropriately, due to the close proximity of an existing oil tank. Staff further finds that because the size of this planned unit development is well below the required minimum of five acres, the developer should have an exceptional land use plan that overcomes concerns about using the PD-H2 Overlay. This has not been accomplished and no public benefit has been identified which would justify using the PD-H2 Overlay District to develop this site. Modification of the church conditional use permit to reduce the size of the church site below the current area is acceptable. The church functions well on the reduced 2.22 acre site which contains the church building, some open space and all required parking. Staff's recommended conditions regarding the conditional use permit are found on page eight of this staff report. Due to concerns with the land use plan as outlined above, staff recommends denial of the conditional rezoning with the proffers submitted below. CONDITIONAL REZONING PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property shall be used for the purposes and uses permitted in the PDH-2 Zoning District with an underlying A-12 Zoning District. The Open Spaces as defined herein shall be rezoned to P-1 as required by the PHD-2 Ordinance. The total number of dwelling units permitted on the Property shall not exceed sixteen (16). Each dwelling unit shall contain a minimum of 1,350 square feet of living area, and at least a single (1) car garage. The Property shall provide for six (6) guest parking spaces. The Open Spaces, as defined ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 6 herein, shall be rezoned to P-1, prior to subdivision approval, as required by the City Zoning Office. PROFFER 2: A subdivision plat approved by the City of Virginia Beach shall be duly recorded to sever all the Parent Property from the Property. The subdivision plat shall comply with applicable City Zoning Ordinances, including but not limited to the minimum lot size requirements. PROFFER 3: Grantor shall comply with all reasonable terms and conditions of all City Ordinances related to matters of Public Works, Traffic Engineering, Public Safety, Public Utilities and Storm Water Management. PROFFER 4: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "EXHIBIT OF WITCHDUCK COURT CONDOS, Virginia Beach, Virginia," dated May 1, 2011, prepared by MSA (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. PROFFER 5: The architectural design of the residential buildings will be substantially as depicted on the two (2) elevations designated as "WITCHDUCK COURT CONDOS PLAN AND DETAILS, Virginia Beach, Virginia" prepared by Progressive Designs have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be a combination of architectural shingles, raised seam metal roof accents, faux cedar vinyl, beaded vinyl, vinyl and brick skirts. PROFFER 6: The dimensional requirements applicable to Witchduck Court shall be as follows: ^ Minimum Distance from Witchduck Court - 20 feet ^ Minimum Setback from Adjacent Properties -North 10 feet ^ Minimum Setback from Adjacent Properties -South 20 feet ^ Minimum Setback from Adjacent Properties -East 15 feet PROFFER 7: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. The Condominium documents shall include restrictive covenants which prohibit use of the common areas for any purpose but recreation and open space use. PROFFER 8: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are open spaces (the "Open Spaces") which shall be utilized as such. PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration-of ARAGONA CHURCH OF CHRIST Agenda Items 15 ~ 16 Page 7 applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 10: Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. PROFFER 11: All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. PROFFER 12: The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. STAFF COMMENTS: The proffers listed above are not acceptable as they do not dictate the level of quality as identified within City Zoning Ordinances, Subdivision Regulations and Comprehensive Plan. The City Attorney's Office has, however, reviewed the proffer agreement dated July 7, 2011, and found it to be legally sufficient and in acceptable legal form. ARAGONA CHURCH OF CHRIST Agenda,ltems 15 & 16 Page $ USE PERMIT CONDITIONS A plat must be submitted to the Planning Department /Development Service Center and approved for recordation no later than 90 days after City Council approval of this Use Permit. Said plat shall establish, at minimum, a ten foot landscape easement with Category IV plantings in substantial conformance to the site plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. A landscape plan depicting proposed Category IV plantings shall be submitted to the Planning Department /Development Service Center no later than 180 days after City Council approval of this Use Permit. Category IV planting shall be located in substantial conformance to the Category IV planting as shown on the submitted site plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. Category IV plantings as shown on the submitted site plan entitled, "Witchduck Court Condos" by MSA and dated May 1, 2011 shall be installed no latter 360 days after City Council approval of this Use Permit. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable 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. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning 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 change of zoning 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. ARAGONA CHURCH OF CHRIST Agenda-Items 15 & 16 Page 9 AERIAL OF SITE LOCATION ARAGONA CHURCH OF CHRIST :J3 Agenda Items 15 & 16 `~`~ Page 10 .y ..~ EXHIBIT OF ?~R/4C-SON?. GHUi~GH OF GHRIST 527 M. WITGHDUGK ROAD VIRGINIA BEAGH, VIR6IHIA f _ s...w_T ,~~ ~ «µ ~'~~~ .w. ~<~ i2-~ DATE. 05/01/1 I EX+~+&i FOR GCVDIi~pyl~y USE PCia+;T PROPOSED CHURCH SITE PLAN ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 11 '' '~ ~. ~.> ~E ~. rf-R-~ ~ ~I ~~ V 1 O (~ O v~ ~_ j~ Q ~U ---ttt--- 4~ Y® ~~ 3~ ]~C ~ I ~ s ~~x !a R~ ~8~ ~~~~ ~ g~~ ~a. ~~ ~ ~ ,~ t i, ",j ~I uEs ~r t~ ~~~ Q U ~ ~€ R R a.~ ;€ t ~ N ~~ . ~~ su t 1 r: I 30 V ~ Q I ..:~, :;: PROPOSED SITE PLAN & CONDOMINIUM ENTANCE SIGN ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 12 ~- y. ~vr _:~.,~ ,~., ~- ~~ ' ^i"°^ dW19NIA'H~d39 tllt~It~~lIA '"`°~"'~°~ ~ i nog J aHMd w-.u r A~J ~ ~ .0-,I ~ ~ J'A . a J r A_J ~ A'A J'.f ~ ~ J-.t ~ ~ J'J A.,1 .. .D_J • • AJ .a At A~~~N r . J_J .. A-J .. J_J .t J_J J_J . r ~ ./ tP ~• A_f ~~ J-.1 p .rt 1 ELEVATIONS ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 13 ~} .f w. a ., ,~,.~ .. j y,.~~:~y!rr ([~~ ~~J ~ v~~~nn'~nvae vuu~iun an ssai8o7~ ~ `~ I ~Id.L3Q QI~Id SI~IdZd C~jl ~ .~ . ,L~I110~ >IJf1QHJ.LIM 6 ¢ ~a~ ~ ~~ b ~~~ ~ ~~ .~ AJ ~' a A J " .C } ' A-.t J-J ~ J-J ~'b ~~: g~~ 8~ g~: ' A._:. A_J ~~ A-J '_ .a-. ' A-J ~ J-J '~ ~ J-s ELEVATIONS AF2AGONA CHUF Agern ,. ~~ ~~ ~} ~ ~ ~~ ~~ ,i BAYSI DE ~~_ __~_ _.r ~~__-'.. :~1a~1> ll-~ N3a No, .o Sca+e L~l'~I~VIItl L,11u1C11 Vl i~lll l)l ~ ~ : ,c b - l r - ,.~.r ,.r~ ~ ( .+ ~~ ~.- . . -„ --_ ~ , 1 ,~: s Lf mss' -'' r, ~ ~ , ~, _ ,, ~f ~. ,.~ ~;. s * ;; ' f ~ `~` `~ ~ ' ~~ W ., ' \ \~ ~\~~\ ~ , ~, ~ O /i l ~ ~ ^ ~ o 1 u 4 r L ~~?r~~ j - i fy ' r rr - ~ ~ -~ ~ - - ~l ~ ~r~)~ i -- _. ~ - ~ .~ R7.5 -~ ~. ~ i i ~~ ;~~ 5~` r,. ~~ __ r ~;~~ :__,r a t ~ i ~ 1 ~ -= - y;-~ ,? r i ,~ ~ ~r ~i ~-~ r ~, r ~.. ~_~ -s ri L_,> .~ 'Zoning with Condirions:Qroffers.Open Conditianal R-7.5 to Conditional PD-H2 with Underlying A-~z Space Promotion or PDH•2 Overlays CUP for Religious Use # DATE REQUEST ACTION 1 11/12/1963 Use Permit church Granted 2 12/14/1910 Use Permit reli ious use Granted 3 09/25/2007 Use Permit auto re air ara a Granted 4 02/09/2010 Use Permit church Withdrawn 5 05/24/2011 Rezonin R-7.5 to PD-H2 with A-12 underla Granted 6 11/25/1997 Rezonin R-7.5 to Conditional A-12 Granted 7 08/28/2001 Rezonin R-7.5 to PD-H2 with A-12 Underla Granted 8 05/26/1998 Use Permit auto re air ara a Granted ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 15 ,~, b t..~ ~ M,`,,,,..r'.' ©iSCLOSURE STATEMENT APPLfCANT DISCLOSURE If the applicant is a corporation, partnership, fine, 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) Aragorta Church of Christ Bill Smith, Matt McLean and Cana Caudill -Trustees 2. List all businesses that have aparent-subsidiary' or affiliated business entiry2 relationship with the applicant: (Attach list if necessary) ^ Gheck here if fhe applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete fhis 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) Aragona Church of Christ Bill Smith, Matt McLean and Duane Caudill -Trustees 2. List all businesses that have aparent-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. & `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? Corddional Remniny APPicalion Page 11 of 12 Revked 11!18/!008 O a G~ z 0 N O H ...-. O V DISCLOSURE STATEMENT ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 16 O O N z ~~~ ~~ ©(SCLOSURE STATEMENT ADDITIONAL DISCLOSURES List ai! known contractors or businesses that have or will provide services with respect to the requested property use, inGuding but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services' (Attach list 'rf necessary) 1. MtiA, P.C. 2. Kaufman and Candles 3. Reserve Investments Il, Inc 4. Davenport Management Co ' "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectry 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. s °Afhtiated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when C) 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 (ii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business 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 t~rein is true and accurate. 1 understand that, upon receipt of notification (postcard) ttrat the application has been scheduled for public hearing, respons~le fior obtaining and posting the required sign on the subject property at least 30 days to the scheduled public hearing according to the instructions in this package. The unders~ e s cor-sents to en upon the subject property by employees of the Department of Plan ' raph an-% for purposes of processing and evaluating this application. 0 cant' rg Print Name /~ ~d,1~"1l l.eer.aEle~l 'r a wner's ign~t-ue{' rent than applicant) Print N- am ~ Condltionsl Rezoning Appliation Page 12 of 12 Revised 7132P07 DISCLOSURE STATEMENT ARAGONA CHURCH OF CHRIST Agenda items 15 & 16 Page 17 CONDITIONAL REZONING APPLICATION for VIItGINIA BEACH PLANNING COI,~IIvIISSION ~~ ~~~~' BILL SMI Trustee Aragona urch of Christ ~~~~,, T MCLE Trustee Aragona Church of Christ DUANE CAUDII,L Trustee Aragona Church of Christ t1J 1 D e ~ ~ ate ~~ ~ ~ Date DISCLOSURE STATEMENT ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 18 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) Aragona Church of Christ Bill Smith, Matt McLean and Duane Caudill -Trustees p 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applican#; (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. Lis# the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach fist if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Check here rf the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page br foofiotes Does an official or ep~Joyee of~Cfty 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 Usc Perntlt Appt6catbn Pty 9 of 10 R~WS9d 7!312007 Z O F-~ ~-., W W cn r~ z 0 0 V DISCLOSURE STATEMENT ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 19 0 w w z 0 A O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1. MSA, P.C. 2. Kaufman and Ganoies ~ 3. Reserve Investments 11, ine O 4. Davenport Management Co O ' °Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly awns shares possessing m~e than 50 percent of the voting power of another corporatan.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ~ "Affiliated business entity relationship' means's relationship, other than parent- subsidiary relationship, that exists when (ij one business entity has a controlling ownership interest in the other business entity. (ii) a conVolling 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 empbyeas or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a cbse working relationship behveen the entities 'See State and Local Govemment Conflict of Interests Act, Va. Coda § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accrxate. I understand that, upon receipt of notficatiort (postcard) that the application has been scheduled for public hearing, I a responsible for obtaining and posting the required sign on the subject property at least 30 days p ' to the scheduled public hearing aocordirg to the instructions in this package. The urtdersig consents to en upon the subject property by employees of the Department of Planyifr~ p reph and for purposes of processing and evaluating thta application. ~ /~/ W. ~ ~ r~~ Print Name ~0~~~ ~v. 1~~,11 Ca~,~h~ I ~ Si than ap ntl Print Name Contldiortal Vse PYnrit AppBwtbn Psp~ 10 of 10 Revisetl 7!3!2007 DISCLOSURE STATEMENT ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 20 CONDITIONAL USE PERMIT APPLICATION for VIItGIPtIA BEACH PLANMNG COMMISSION ~~~ BILL SMITH Trustee Aragona Church of Christ ~, at ~~ A MCLE Trustee Aragona Church of Christ r DUANE CAUD L Trustee Aragona Church of Christ r // Date s -~-I~ Date DISCLOSURE STATEMENT ARAGONA CHURCH OF CHRIST Agenda Items 15 & 16 Page 21 lA•BEA~ ~~~ '~ U ~ ..~ )1"' u f 2 ZO~ ~Z ~ V 9,p~ 04. S ,jS ~p 04R NPS~~ In Reply Refer To Our File No. DF-8005 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: December 30, 2011 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Aragona Church of Christ The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 10, 2012. I have reviewed the subject proffer agreement, dated July 7, 2011 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Kathleen Hassen BILL SMITH, MATT MCLEAN AND DUANE CAUDILL, TRUSTEES FOR ARAGONA CHURCH OF CHRIST RESERVE INVESTMENTS II, INC., a Virginia corporation (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT, made this 7t'' day of July, 2011, by and between BILL SMITH, MATT MCLEAN AND DUANE CAUDILL, TRUSTEES FOR ARAGONA CHURCH OF CHRIST, parties of the first part (the "Grantors"); RESERVE INVESTMENTS II, INC., a Virginia corporation; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2405 Courthouse Dr., Municipal Center, Virginia Beach, VA 23456. RECITALS: A. RESERVE INVESTMENTS II, INC. ("Reserve") is the contract purchaser of a certain parcel of property located in the City of Virginia Beach, herein known as Exhibit A (the "Parent Property"), less and except all that certain parcel of land a portion of which is described by the metes and bounds description as more particularly described in the attached Exhibit B (the "Property"), which shall be severed from the Parent Property pursuant to a subdivision plat approved by the City of Virginia Beach as more particularly set forth herein. B. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the Property from R-7.5 to Conditional PDH-2 District, with an underlying A-12 District. The PREPARED BY: ANN K. CRENSHAW, ATTORNEY AT LAW, KAUFMAN & CAN~OLES, P.C. GPIN NO. 1467-98-1860 proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). C. Grantee's policy is to provide for the orderly development of land for various purposes, through zoning and other land development legislation. D. Grantor acknowledges the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the property and at the same time recognize the effects of change, and the needs for various types of uses, certain reasonable conditions governing the use of Property for the protection of the community that are not generally applicable~to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise. E. The Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 Zoning District, with an underlying A-12 District by the existing overall City Zoning Ordinance. The following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as part of the amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall 2 continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid fro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. The Property shall be used for the purposes and uses permitted in the PDH-2 Zoning District with an underlying A-12 Zoning District. The Open Spaces as defined herein shall be rezoned to P-1 as required by the PHD-2 Ordinance. The total number of dwelling units permitted on the Property shall not exceed sixteen (16). Each dwelling unit shall contain a minimum of 1,350 square feet of living area, and at least a single (1) car garage. The Property shall provide for six (6) guest parking spaces. The Open Spaces, as defined herein, shall be rezoned to P-1, prior to subdivision approval, as required by the City Zoning Office. 2. A subdivision plat approved by the City of Virginia Beach shall be duly recorded to sever all the Parent Property from the Property. The subdivision plat shall comply with applicable City Zoning Ordinances, including but not limited to the minimum lot size requirements. 3 3. Grantor shall comply with all reasonable terms and conditions of all City Ordinances related to matters of Public Works, Traffic Engineering, Public Safety, Public Utilities and Storm Water Management. 4. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "EXHIBIT OF WITCHDUCK COURT CONDOS, Virginia Beach, Virginia," dated May 1, 2011, prepared by MSA (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. 5. The architectural design of the residential buildings will be substantially as depicted on the two (2) elevations designated as "WITCHDUCK COURT CONDOS PLAN AND DETAILS, Virginia Beach, Virginia" prepared by Progressive Designs have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be a combination of architectural shingles, raised seam metal roof accents, faux cedar vinyl, beaded vinyl, vinyl and brick skirts. 6. The dimensional requirements applicable to Witchduck Court shall be as follows: ^ Minimum Distance from Witchduck Court - 20 feet ^ Minimum Setback from Adjacent Properties -North 10 feet ^ Minimum Setback from Adjacent Properties -South 20 feet ^ Minimum Setback from Adjacent Properties -East 15 feet 4 7. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. The Condominium documents shall include restrictive covenants which prohibit use of the common areas for any purpose but recreation and open space use. 8. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are open spaces (the "Open Spaces") which shall be utilized as such. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. 10. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. 11. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 5 12. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the naive of the Grantor and Grantee. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK 6 WITNESS the following signs and seals; BILL SMITH, MATT MCLEAN AND DUANE CAUDILL. AS TRUSTEES FOR ARAGONA CHURCH OF CHRIST, By: Name: Bi Smit Its: Trustee By: Name: Matt McLean Its: Trustee ~ I ,~ By: Name: Duane C udill Its: Trustee COMMONWEALTH OF VIRGINIA CITY OF VIIZGINIA BEACH. to-wit: I, _/~,/~LL/~ ~.~ ,the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Bill Smith, Matt McLean, and Duane Caudill, whose names are signed to the foregoing instrument as Trustees for Aragona Church of Christ, have sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this day of July, 2011 on behalf of said limited liability company. c~) / Notarv Public My commission expires: b `~ ~ /~ ~ Registration No.: 7 ~ d 7 M. C~NI~~~! V Notary ~ ~. R a B N T COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, ~Q,rr~. ~ ~ ~1G''t'(~l.S the~ ,~y~~d igned, a ~ ary Public in and for the City and State aforesaid, here y certify that Ws./. whose name is signed to the foregoing instrument as ~ ,' of Reserve Investy~ ents II, Inc., a Virginia corporation, has sworn to subs ribed and ac owledged the same before me in the City and Commonw~ alth aforesaid this ~ day of July, 2011 on behalf of said ' ~~YQ~~bt , Notary Public My commission expires: ~ a'~ 1°, Registration No.: ~ ~,~--\ ~~ SAMANTHA A. MORRIS Notary Public Commonweolfh of Vtr~infa 1921{2 My Commia<alon Expires Dec ~1, 2011 11040814_4.DOC Exhibit A Ali that certain Eot, tract, piece or parcel of land, situate, lying and being in the Brayside Borough, Virginia Beach, Virginia, shown and designated on a certain plat and survey thereof made by hi. Aygarn, P. E. dated July 1963, far Aragona Church of Christ, and recorded simultaneously wi#h this deed in the Clerk's Office of the City Circuit Court of the City of Virginia Beach, Virginia, said property bounded and described as follows: Beginning at the northeast comer as shown on said plat, running 529 degrees 52' 30" W, 52.44' to a point; thus running S 28 degrees 51' 34" W, 387.56' to a point; thus running N 28 degrees 51' 30" E, 292.12' to a point thus running S 88 degrees 00" f=, 295.44'ta a paint; taus running S 85 degrees Od' E, 375.11' to the point of beginning. Said tract containing five {5) acres. HESS AND EXCEPT that portion of property conveyed to Summerset Lake, Ltd, a Virginia corporation recorded in teed Book 41$5, at page 29. SEE MAP B44K 281, PAGE 1Qt1(PRUPER7'Y IS NQW KNOWN AS PARCEL B) it being the same property conveyed rA Jess R. Stack, Eiland C. Tabor and Jack M. Dempsey, Trustees of Aragana Criurcri of Chritst by deed from Menno R. Aflilter and Lucy G. Miller dated 11!1/63 and duty recorded 1115/63 in the aforesaid Clerk's Office in Deed Book 808 page 476. ~~oao~sa ~.©oc Exhibit B Metes and Bounds Description Commencing at the northwest intersection of North Witchduck Road, a 90' public right a~ way, and Witchduck Court, a 50' public right of-way, said point being a pin found; thence along the northern right-of way of W~chdudc Court N80°59'48"111f a distance of 266.46' to a pin set, said pin being the Point of Beginning; thence continuing along the nothem line of Witchduck Court, N80°59'48"W a distance of 190.06' to a pin found; thence departing Witchduck Court, N23°30'29"E a distance of 326.97' to a pin seti thence N86°40'23"E a distance of 135.66' to a pin set; thence S23°30'29"W a distance of 368.37' to a pin set, said pin being the. Point of Beginning. Said parcel contains 64,209 square feet or 1.474 acres. ' ~, u ~ ~yht ~O~ '~ ~~ ,.~... <<4.~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LBH, LLCNIRGINIA BEACH ASSOCIATES, L.C., Chanae of Zonina District Classification, I-1 Industrial to Conditional A-36 Apartment, Comprehensive Plan -Suburban Area Density: 25.4 DU/acre 400 & 402 Military Highway (GPIN 1456396914; 1456392555). CENTERVILLE DISTRICT MEETING DATE: January 10, 2012 ^ Background: The applicant proposes to rezone the existing I-1 Light Industrial properties to Conditional A-36 Apartment and develop the site with 250 multi-family dwelling units and 450 parking spaces. The proposed density is 25.4 units to the acre. At Planning Commission there was opposition to the request. The applicant has made some revisions to this proposal and will need to go back to Planning Commission to be heard. ^ Considerations: This item was advertised for the January 10, 2012 City Council meeting. Due to an error on a sign, opposition was not in attendance at the Planning Commission Hearing and requested to be heard. In addition, after the Planning Commission Hearing, the applicant has made a revision to their proposal. As a result of these issues, this application is to be heard again at Planning Commission. ^ Recommendations: Deferral is requested. This item will be advertised for City council at a later date after the Planning Commission has acted. ^ Attachments: Location Map Recommended Action: No action necessary Submitting Department/Agency: Planning Department, City Manage . ~~ ~u e~ ~- ~ ~f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ASHVILLE PARK, LLC/ATC REALTY SIXTEEN, INC., Modification of Conditional Chance of Zoning, east side of Princess Anne Road Village B, South side of Ashville Park (GPIN 2413165292). PRINCESS ANNE DISTRICT. MEETING DATE: January 10, 2012 ^ Background: The applicant proposes modifications to proffers in order to make adjustments to a previously approved land use plan for the proposed development. The basic concept of the proposed development will not change. High quality dwellings as well as extensive landscaping and berming are still proposed. ^ Considerations: The applicant needs to make a revision to their proffer agreement. As a result of this revision, the applicant requests a deferral. ^ Recommendations: The applicant has requested a Deferral to the February 14, 2012 City Council Agenda. ^ Attachments: Location Map Recommended Action: Staff recommends approval of the deferral. Submitting Department/Age1/ncy: Planning Department City Manager: f~ 'b12~, ~r~lA BE,~1 ow. ~. 7 ~~~y : ~. -~ fs~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW CINGULAR WIRELESS, LLC - T/A AT&T, Modification of a Conditional Use Permit, 408 Sandbridge Road (GPIN 2434018103). PRINCESS ANNE DISTRICT. MEETING DATE: January 10, 2012 ^ Background: The applicant is requesting a modification to one condition concerning the wind loading requirement for a communication tower located on a site that is also the City's Public Utilities Sandbridge water tank facility. On April 13, 2010 City Council granted a conditional use permit for a communications tower, for this site, subject to eleven conditions. Condition Two is the subject of this modification request. The condition is as follows: "The applicant shall submit a structural report for the tower to be designed at a 150-mph sustained wind speed and a 110-mph sustained wind speed for the proposed maintenance building. Both wind speed criteria shall also include the maximum importance factor and an exposure factor `D'." During the design of the proposed tower the applicant's structural engineer determined that a tower could not be designed to the 150-mph sustained wind speed, wind loading requirement, for this site. The applicant's structural engineer has determined that a tower can be designed, for this site, meeting a 134-mph sustained wind speed (158-mph 3-second gust). Therefore, it is the intent of the applicant to modify Condition Two to a wind loading of a 134-mph sustained wind speed (158-mph 3-second gust) for the proposed tower. ^ Considerations: The current condition requires the proposed tower to meet a wind loading requirement of a 150-mph sustained wind speed. It was determined during the design process that a tower could not be designed for this site that could meet this condition. The applicant's structural engineer determined that a tower could be designed, for this site, which meets a 134-mph sustained wind speed (158- mph 3-second gust) wind loading. The Public Utilities Department has had their structural engineering consultant review this request. The Public Utilities Department has determined that a tower meeting a wind loading requirement of a 134-mph sustained wind speed (158- New Cingular Wireless, LLC Page 2 of 2 mph 3-second gust) is acceptable for ensuring the integrity of the existing water tank. There was no opposition to the request. ^ Recommendations: Staff recommended approval of this requested subject to the conditions.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. All conditions, with the exception of number two, attached to the Conditional Use Permit granted by City Council on April 13, 2010 shall remain in effect. 2. Condition Number two of the April 13, 2010 Conditional Use Permit is deleted and is replaced with the following condition: The applicant shall submit a structural analysis report performed in accordance with TIA-222-G standard based upon a wind speed of 158 mph (3-second gusts) using exposure Category C with an importance factor (I) of 1.15 confirming that the tower, as designed, has sufficient capacity to support four (4) sets of flush-mounted antennas as depicted on Sheet A-2 of the site plan. The proposed maintenance building will be designed fora 110-mph sustained wind speed (120mph 3-second gust) with the maximum importance factor. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommended approval. Planning Commission recommended approval. Submitting DepartmenUAgency: Planning Department City Manager: PRINCESS ANNE _ _ ~~~pp ~-~? Ne~~ Cingular Wireless, LLC - t/a Arm i M1'u~ ica to `.: ek - R15 ~' ~ ',_ ~ ~~~~~ R20 C.; ~5 s' " \ B4~ RSD %/ 1 ~. ~, ~ Ba _; e B2 8d ~~ ~B4 ~%'%. \ \ ~ \~ ~~== t - AG2 ~- 62 R ,~ zwm,.xn cerwo~. v~arn. o,.. A1od7/icetlon of Condltlons aw. v,w..iw~ e.rowt w..rr+ 6 December 14, 2011 Public Hearing APPLICANT: NEW CINGULAR WIRELESS, LLC T/A AT&T PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Ray Odom REQUEST: Modification of a Conditional Use Permit for a Communication Tower approved by the City Council on April 13, 2010 ADDRESS /DESCRIPTION: 408 Sandbridge Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2434-01-8103-0000 PRINCESS ANNE 22,651 SF Less than 65 d6 DNL SUMMARY OF REQUEST The applicant is requesting a modification to one condition concerning the wind loading requirement for a communication tower located on a site that also the City's Public Utilities Sandbridge water tank facility. On April 13, 2010 City Council granted a conditional use permit for a communications tower, for this site, subject to eleven conditions. Condition Two is the subject of this modification request. The condition is as follows: "The applicant shall submit a structural report for the tower to be designed at a 150-mph sustained wind speed and a 110-mph sustained wind speed for the proposed maintenance building. Both wind speed criteria shall also include the maximum importance factor and an exposure factor'D'." During the design of the proposed tower the applicant's structural engineer determined that a tower could not be designed to the 150-mph sustained wind speed, wind loading requirement, for this site. The applicant's structural engineer has determined that a tower can be designed, for this site, meeting a 134- mph sustained wind speed (158-mph 3-second gust). Therefore, it is the intent of the applicant to modify Condition Two to a wind loading of a 134-mph sustained wind speed (158-mph 3-second gust) for the proposed tower. NEW CINGULAR WIRELESS, LLC Agenda Item 6 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: A City of Virginia Beach Public Utilities water tower and maintenance building occupy this site. SURROUNDING LAND North: . Undeveloped property / B-2 Community Business District USE AND ZONING: South: . Sandbridge Road /Undeveloped property / AG-2 Agricultural District and B-2 Community Business East: Marlin Lane /Various commercial establishments / B-4 Mix Use District West: . Undeveloped property / B-2 Community Business District NATURAL RESOURCE AND The site is located within the Back Bay watershed of the Southern CULTURAL FEATURES: Watersheds Management area. The United States Fish and Wildlife Service owns the property to the north and west of the site. These are marsh areas with an abundance of vegetation. An osprey nest is located on a 65-foot tall pole within the secured compound. The nest will be re- located, within the compound, at the appropriate time. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as Suburban Area, immediately adjacent to the Sandbridge Suburban Focus Area 6, and is located at the entrance gateway into the Sandbridge Community. The Comprehensive Plan contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability, preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall new development of the area. This is accomplished by having all new development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. CITY SERVICES No City Services will be impacted by this request. EVALUATION AND RECOMMENDATION The proposed modification to Condition Two, concerning the wind loading requirement for the proposed communication tower, approved by City Council on April 13, 2010 is acceptable. The current condition NEW CINGULAR WIRELESS, PLC ,; .;Agenda Item 6 Page 2 requires the proposed tower to meet a wind loading requirement of a 150-mph sustained wind speed. It was determined during the design process that a tower could not be designed for this site that could meet this condition. The applicant's structural engineer determined that a tower could be designed, for this site, which meets a 134-mph sustained wind speed (158-mph 3-second gust) wind loading. The Public Utilities Department has had their structural engineering consultant review this request. The Public Utilities Department has determined that a tower meeting a wind loading requirement of a 134-mph sustained wind speed (158-mph 3-second gust) is acceptable for ensuring the integrity of the existing water tank. Therefore, staff recommends approval of this requested subject to the following conditions. CONDITIONS 1. All conditions, with the exception of number two, attached to the Conditional Use Permit granted by City Council on April 13, 2010 shall remain in effect. 2. Condition Number two of the April 13 2010 Conditional Use Permit is deleted and is replaced with the following condition: The applicant shall submit a structural analysis report performed in accordance with TIA-222-G standard based upon a wind speed of 158 mph (3-second ousts) using exposure Category C with an importance factor (I) of 1 15 confirming that the tower as designed has sufficient capacity to support four (4) sets of flush-mounted antennas as depicted on Sheet A-2 of the site plan. The proposed maintenance building will be designed fora 110-mph sustained wind speed (120mph 3-second gust) with the maximum importance factor. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Ofhce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. ~- z ,- NEW CINGULAR V1~1R~LE~S PLC °.,Agenda Ite~rn 6 Page 3 ~., -~ r ~s •r_, .:: ~, <~ ~ ~- a.w y`i ~ r ~' L ~ ~ .y ~'` t a ~~:~ ~ ~ , , ~ ~~ ~ ~ -~ ~:~` 4 ~, ~. .. ~ '~- ^~ ~`. d his-' ~'~ ~ ~ ~ ~• { i p ~"'~;'. ~ ,,,SAS'. fi~r~,1~~,, w +y!~ fi,~~ „ T1 E v~ J _ ay `3E ~,~:.} 7 raw ~±' a ~ e _ ,~ ~ ;~ ors ~p , ~~ o ,~ .~ A ~. ~ w t ~ j ~ ..- ~~ .,~ ., .~~...~_ ~~ .max-4 AERIAL OF SITE LOCATION NEW CINGULAR WIRELESS, L Agenda Iter Pag n 4 6 4 $ ~< o_~ ~ ~ ~ - C 3 ~i b 2i ~ r o_ _. ~ ~ ~ a... ~~ ~ ~ ~x~a = z ~~~ F~ o w p ~ ~3~ ~ a~ ~ ` ij -- _ ~~ ~ ~ ~~ ~ ,~ oo~ ~ ~~ ~ ~ '~ ~~ ~~ i o ~ ~~' I ~ Y I ~ ~ Bt Rx ~~ ~~g ~ Y I ~~~~ ------ ggk it ~ $~ ~ ~ / ' ''° ~`. \ ~ i ~~~ ~ +~g;~ / ~~~ 6 J I~ \, `, , I ~) I ~ i ~ ~gj qY ~l 1`~ ~/ l~ kGkl~ ~~! ~~Y \ • / / -- - ~ Q -- -- ---1 - -_ I~ ~ s4 i a '~~ ~ k~ ~~~ E ~~ ~~~~~~ ~ ~Ep ~~ ~~ ~~ ~ o ~;~ r.r .m xoc u' ian eooz - . •r~a :A was. nvomx o3uo o~-ii-co PROPOSED SITE PLAN NEW CINGULAR Agenda Item 6 Page 5 / ~~ $ it S ~ ~ ~ ~ '~ v ~i R d ~~~ a~3 ~~8a~ ~~ ~~ e~~~ ~ ~ ~ . ~ Q I ~ ~~~ ~ ~ ~a ~ ~;. 94@ ~~ RR ~~l~ ~~ ~ R $~ ~ s o~ Z b ~1 6~ _ V ~]~ ~Z ~ { - ~~ ~ ~~ o~ 2,2,.~~,~LL~ ~ rul slurs o a ra[l ~~~~ ~~Fy u 4 . r VZY S.(IJ >'D114 ~%b^ae A92~ ~Ol[ - ~ u. p A SSISII N{2011M ~3q 41-{1-CO Proposed Elevation Plan NEW CINGULAR IRELESS, LLC " ~~ Agenda Item 6 Page 6 ZONING HISTORY # DATE REQUEST ACTION 1 04/13/2010 Use Permit communication tower Approved NEW CINGULAR WIRELESS, LLC Agenda Item 6 Page 7 ~~ Icy ~~ ~t FL~1 ~^' V ~~t ~~ 1~~ ~_ ~~t a 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) New Cinguiar Wireless PCS, LLC (Ua ATB~T) -Please see attached list. 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) AT&T Mobility 8 AT&T, Inc. 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) City of Virginia Beach 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A 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 em loyee 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? Modification of Conditions Application Page 10 of 11 Revised 7l3I07 DISCLOSURE STATEMENT NEW CINGULAR WIREL~~6S, L~t~ , ..Agenda Item 6 Page 8 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) SAI Communications, Inc., LeClairRyan, BC Architects Engineers; Crown Communication, Inc., p Crown Castle USA Inc., GeoTechnologies, Inc., Valmont Microflect and Sabre Towers & Poles. p ' "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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. s "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner 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 notlflcation (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. David C. Tuck ~ Manager, ~~~ [~.~c,c~_ Real Estate and Construcilon Applicant's Signature Print Name ~r~ erty Owners Signature (if different than applicant) Print Name Adodifica~ion of Conditlons Application Page 11 of 11 Revised 7!3/2007 C~ 1~~ V ~~ O M~f ~~ V ~~ V_ ~~ Q O DISCLOSURE STATEMENT NEW CINGULAR WIRELESS, PLC. ;Agenda Item 6 Page 9 As of October 4, 2011 Sole Officer of New CinQUlar Wireless PCS, LLC Stanley T. Sigman -Chief Executive Officer & President Officers & Directors of AT&T, Inc. Gilbert Aurelio Ph.D. -Director Reuben Anderson J.D. -Director James Blanchard -Director Jon Madonna -Director Lynn Martin -Director John McCoy -- Director Randall Stephenson -Chairman, Chief Executive Officer, President & Chairman of the Executive Committee DISCLOSURE STATEMENT NEW CINGULAR N(RELESS, PLC ., '~. .Agenda Item 6 Page 10 E a E W~ Z Q N W Z Q 0 ._ w 0 0 .,, m ... a ~, .~ h h Q N ~o N ~~V V O wo .~ 0 ~4 ~~ ~ o ~; N yC -53- Item L.4. PLANNING ITEM # 59828 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of NEW CINGULAR WIRELESS PCS. LLC T/A ATBcT/ CITY OF VIRGINIA BEACH for a Conditional Use Permit re a communication tower at 408 Sandbridge Road BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW CINGULAR WIRELESS PCS. LLC T/A AT&T/ CITY OF VIRGINL4 BEACH for a Conditional Use Permit re a communication tower at 408 Sandbridge Road; GPIN # 243401191030000 8041035405 DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: 1. The lease area shall be developed substantially in accordance with the submitted plan entitled "Sandbridge Beach Site No. NF302C 408 Sandbridge Road, Virginia Beach, VA 23456 ", dated 11 /30/09, and as revised 02/02/10, and prepared by BC Architects Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Pla~n~in~~ towed setbacks as provided for by Section 232(8)(1) of the City Zoning Ordinance, y depicted on the plan shall supersede the setbacks provided by the City Zoning Ordinance. 2. The applicant shall submit a structural report for the tower to be designed at a 1 SO-mph sustained wind speed and a 110-mph sustained wind speed for the proposed maintenance building. Both wind speed criteria shall also include the maximum importance factor and an exposure factor "D ". 3. The applicant shall improve the entrance to the site in accordance with the Public Works Department Specifications and Standards for commercial entrances. The proposed tower shall not exceed one hundred seventy-five (175) feet in overall height. 4. The towerevthalne 3791A1e hat Urethane GI ~eCoating finishalTNEMEC Steel Blue ~(TNEMEC Devoe, D p color GB21). 5. Unless a different type is required by the Federal Aviation Administration (FAA), the applicant shall install a FAA Aircraft Obstruction Warning Light, type 6 LED OLI FAA TYPE L-180 SINGLE AND DOUBLE OBSTRUCTION LIGHT, red in color, on the tower. 6. The proposed equipment building shall be similar in design and color as the Sandbridge Fire Station building and deigned in substantial conformity with the building elevation shown on Sheet A-3 of the Site Plan set referred to in Condition 1. The existing maintenance building on the site of the water tower shall be painted by the applicant to match the exterior color or the wireless equipment building located on the applicant's lease area. 7. The applicant shall install an enclosure around the generator pad for the purpose of screening the generator from Sandbridge Road, as depicted on Sheet A-3 of the Site Plan set referred to in Condition 1. Said enclosure shall be constructed of the same materials and shall be the same color as the exterior walls of the equipment building. Apri113, 2010 ~, NU BE~_ ~~ oa~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -Ordinance to amend Sections 2100 8~ 2102 - An Ordinance to amend Sections 2100 and 2102 of the City Zoning Ordinance, pertaining to the purpose and intent of Article 21 (Workforce Housing) of the City Zoning Ordinance, definitions, and eligibility requirements for Workforce Housing. MEETING DATE: January 10, 2012 ^ Background: This an Ordinance to amend Sections 2100 and 2102 of the City Zoning Ordinance, pertaining to the purpose and intent of Article 21 (Workforce Housing) of the City Zoning Ordinance, definitions, and eligibility requirements for Workforce Housing. ^ Considerations: The amendments delete language that is duplicative of language in the City Code Chapter 16 workforce housing provisions, and is therefore unnecessary. There was no opposition to the request. ^ Recommendations: Staff recommended approval of the proposed amendment. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommended approval of this request to the City Council. ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: t recommended approval. Planning Commission recommended approval~~`f.~ Submitting Department/Agency: Planning Department City Manager: h , 13 December 14, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTIONS 2100 & 2102 OF THE CITY ZONING ORDINANCE REQUEST: An Ordinance to amend Sections 2100 and 2102 of the City Zoning Ordinance (CZO) pertaining to the purpose and intent of Article 21 (Workforce Housing) of the City Zoning Ordinance, definitions and eligibility requirements for Workforce Housing. SUMMARY OF AMENDMENT The amendments delete language that is duplicative of language in the City Code Chapter 16 workforce housing provisions, and is therefore unnecessary. RECOMMENDATION Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH -Sections 2100 & 2102 Agenda Item 13 Page 1 1 2 AN ORDINANCE TO AMEND SECTIONS 3 2100 AND 2102 OF THE CITY ZONING 4 ORDINANCE, PERTAINING TO THE 5 PURPOSE AND INTENT OF ARTICLE 21 g (WORKFORCE HOUSING) OF THE CITY 7 ZONING ORDINANCE, DEFINITIONS, AND 8 ELIGIBILITY REQUIREMENTS FOR g WORKFORCE HOUSING 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That Section 2100 of the City Zoning Ordinance, pertaining to the purpose and 18 intent of Article 21 (Workforce Housing) is hereby amended and reordained, to read as 19 follows: 20 21 Sec. 2100. Purpose and intent. 22 23 The purpose and intent of this article is to encourage the development of high- 24 quality housing that is=-{~} affordable by households with annual incomes e#-between 25 26 , 27 ~ ,falling 28 within a prescribed range for prospective purchasers and prospective renters of 29 workforce housing respectively set forth in the Workforce Housing provisions of 30 Chapter 16 of the City Code and who live or work in Virginia Beach. Because such 31 households generally, although not uniformly, consist of one (1) or two (2) working 32 members, such housing is termed "workforce housing." In order to accomplish that goal, 33 this article establishes incentives for the construction of workforce housing in areas of 34 the city, including Strategic Growth Areas, in which the Comprehensive Plan recognizes 35 increased density to be appropriate. Equally importantly, this article also ensures that 36 workforce housing will be well-designed, of high quality, and well-integrated into the 37 overall development of which it is a component. 38 39 COMMENT 40 The amendment deletes enumeration of the exact ranges of incomes necessary for 41 qualification for workforce housing. Because the exact ranges are specified in the workforce 42 housing provisions set forth in Chapter 16 of the City Code, it is unnecessary to do so in the City 43 Zoning Ordinance provisions as well. 44 45 .... 46 47 Sec. 2102. -Definitions. 48 49 As used in this article, the following terms shall be defined as follows: 50 51 (a) Affordable. Housing is considered affordable if no more than 52 approximately thirty (30) percent of the gross household income of the purchaser or 53 renter is spent on direct housing costs as set forth in Article VIII of Chapter 16 of the 54 City Code. For buyers, such costs include mortgage principal, interest, taxes, 55 homeowner's insurance, mandatory homeowners' association dues and condominium 56 fees, but do not include utilities or other related housing costs. For renters, such costs 57 include rent payments and an allowance for tenant-paid utilities other than cable 58 television and telephone service, but do not include other related housing costs. 59 60 (b) Affordability level statement. A statement of the number of workforce 61 housing units that are affordable to eligible buyers at 62 63 , or to eligible renters at sixty 64 65 designated percentages of 66 Area Median Income. 67 68 (c) Area median income (AMI). The Area Median Income for the Virginia 69 Beach-Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA) published 70 annually by the U.S. Department of Housing and Urban Development (HUD) and 71 adjusted for household size. 72 73 (d) Bonus density. An increase in the maximum allowable dwelling unit 74 density on a property attributable to the provision of workforce housing on that property. 75 76 (e) Eligible buyer. A person whose workforce housing application has been 77 approved and who meets the home ownership requirements of the workforce housing 78 program. These requirements center on gross annual income, financial assets, and 79 location where eee the prospective buyer works and lives. 80 ~, 81 2 82 83 (f) Eligible renter. A person whose workforce housing application has been 84 approved and who meets the rental requirements of the workforce housing program. 85 These requirements center on gross annual income, financial assets, and location 86 where eRe the prospective renter works and lives. 87 88 89 90 91 (g) Strategic growth area (SGA). Areas of the city that are designated in the 92 Comprehensive Plan to absorb most of city's future growth, both residential and non- 93 residential. These areas, which are planned for more intensive uses than most other 94 areas of the city, are characterized by the integration, not separation, of diverse but 95 compatible uses including, where appropriate, residential uses. 96 97 (h) Workforce housing (WFH). Housing that is generally affordable to 98 households with working members who live or work in the City of Virginia Beach. For 99 home ownership, it is housing that is priced to be affordable to households with annual 100 incomes 101 within a range prescribed in Section 16-46 of the City Code. For rentals, it is housing 102 that is priced to be affordable to households with annual incomes hofi^,o°^ °;~+~g.) 103 104 within a range 105 prescribed in Section 16-51 of the City Code. 106 107 (i) Workforce housing discount. The difference in sales price between a 108 market rate unit and an equivalent workforce housing unit. This amount is calculated to 109 be the reduction in sales price necessary to make a workforce housing unit affordable to 110 a household at a targeted income level. 111 112 Q) Workforce housing unit (WFH unit). A dwelling unit that is reserved for 113 sale or rent by an eligible buyer or eligible renter, as the case may be, at a price 114 incorporating the workforce housing discount. Workforce housing units are constructed 115 as a result of the bonus density provisions that allow the construction of a greater 116 number of dwelling units on a specific parcel of land than is otherwise allowed in 117 exchange for the provision of workforce housing on the parcel. 118 119 120 121 3 122 COMMENT 123 124 The amendments delete language that is duplicative of language in the City Code Chapter 125 16 workforce housing provisions, and is therefore unnecessary. 126 127 128 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 129 day of , 2012. CA-12052 R-3 December 14, 2011 APPROVED AS TO CONTENT: ~ ~ Y~~ l Dept. of Housing and Neighborhood Preservation APPROVED AS TO LEGAL SUFFICIEN -/ City Attorney's Office 4 APPROVED AS TO CONTENT: L. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD PARKS AND RECREATION COMMISSION PLANNING COMMISSION SOCIAL SERVICES ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL JANUARY 2012 GOAL SETTING WORKSHOP LOCATION: SANDLER CENTER DATES: TUESDAY/WEDNESDAY, JANUARY 17 -18 8:30AM-5PM 2012 CITYHOLIDAYS Monday, January 16 Martin Luther King, Jr. Day Monday, May 28 Memorial Day Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Tuesday, December 25 Christmas Day Agenda O1/10'2012gw CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 12/13/2011 PAGE: 1 D E D H S E ~' AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D I-A CI'['Y COUNCIL BRIEFING A. PROCESS IMPROVEMENT Tuck Bowie, STEERING COMMITTEE Chairman 11-A CITY MANAGER'S BRIEFINGS LYNNHAVEN SGA MASTER PLAN Paul Ostergaard, Urban Design Associates B INDEPENDENT AUDITOR REPORT OF Patricia Phillips, FY 2012 FINANCIAL RESULTS Director - Finance; Krista Edoff, Senior Manager, Cherry, Bekaert & Holland, LLP ~' IN"fERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance Ill CITY/SCHOOL REVENUE SHARING City Council will schedule a second Public Comment for January 10, 2012/vote Janua 24,2012 IVNNU CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y A Y Y Y Y Y Y Y Y VII-E SESSION h' MINUTES-December 13, 2011 APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y G/IL1 BID OPENING Bid referred to Staff/no Navigational Aid Tower at Rudee Inlet Speakers ("Jetty Light 4") 1.1 PUBLIC HEARING Lease of City Property - Murden's No Speakers Corner -Telecommunications J_1 PUBLIC COMMENT CONVENTION CENTER 40 Speakers (14 HEADQUARTERS HOTEL in favor/26 0 osed K/L-1 Ordinance to RE-ADOPT the Southside ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y Hampton Roads Hazard Mitigation Plan CONSENT C/TY OF VIRGINIA BEACFI SUMMARY OF COUNC/L ACTIONS DATE: 12/13/2011 PAGE: 2 D S E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M [ O O S H L R Y S S S N N D 2 Ordinances to AUTHORIZE/EXECUTE ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y Leases: CONSENT a. Richmond 20MHz, LLC, d/b/a/ NTELOS re wireless telecom at Murden's Corner b. WeatherFlow, Inc. re navigational aid tower at Rudee Inlet 3 Resolution to DIRECT Health Risk ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y Incentive program as part of Health Plan WISED RESOLUTION, offered to Ci em to ees for Plan Year n' p y BY CONSENT 2013 M-1 Variance to §4.4(b) of Subdivision DEFERRED TO 10-0 Y Y A Y Y Y Y Y Y Y Y Ordinance that all created lots meet CZO) 02/14/2012, BY CONSENT for KEITH P. and CHERI N. CARL re existing lot at 4824 Lake Bradford Lane. DISTRICT 4 - BAYSIDE DISTRICT 2 CITY Street Closure at 408 Laskin Road. DEFERRED 10-0 Y Y A Y Y Y Y Y Y Y Y DISTRICT 6 -BEACH DISTRICT INDEFINITELY BY CONSENT 3 A'T'LANTIC DEVELOPMENT ASSOC APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y Nonconforming_Use at 8004 Atlantic Ave. CONDITIONED BY CONSENT DISTRICT 5 - LYNNHAVEN DISTRICT 4 ASHVILLE PARK, LLC/ATC DEFERRED TO 10-0 Y Y A Y Y Y Y Y Y Y Y REALTY SIXTEEN, INC. Modification 01/20/2012, BY of Proffers approved on Conditional COZ CONSENT May 10, 2005 at Princess Anne Road/ Village B. DISTRICT 7 -PRINCESS ANNE DISTRICT 5 SENTARA VILLAGE -VIRGINIA APPROVED AS 10-0 Y Y A Y Y Y Y Y Y Y Y BEACH/SENTARA LIFE CARE CONDITIONED/ CORPORATION Modification of CUP ADDING HOSPICE CARE, (approved on November 13, 1990/August gy CONSENT 25, 1992) to ADD hospice services at 3751 Sentara Way. DISTRICT 3 -ROSE HALL DISTRICT Ci NEW TODAY BUS, INC./NEWTOWN APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y B:~KER SC CUP re bus terminal at 649 CONDITIONED BY CONSENT Newtown Road DISTRICT 2 - KEMPSVILLE DISTRICT 7 AUTO PROPERTIES, LLC/KH REAL APPROVED AS 9-1 Y Y A Y N Y Y Y Y Y Y LLC at 326/330 Malibu Drive: ESTATE PROFFERED, , BY CONSENT LYNNHAVEN DISTRICT a. Conditional CO Z from R-7.5 to Conditional B-2 b. CUP re motor vehicle sales and service ex ansion CITY OF' VIRGINIA BEACH SUMMARY OF CODNCIL ACTIONS DATE: 12/13/2011 PAGE: 3 D S E D H E W AGENDA D S I E J S U I 1"CEM # SUBJECT MOTION VOTE A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D N APPOINTMENTS RESCHEDULED g y C O N S E N S U S BIKEWAYS AND TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD DE:FERRD COMPENSATION BOARD PARKS AND RECREATION COMMISSION PLANNING COMMISSION HEALTH SERVICES ADVISORY Appointed: 10-0 Y Y A Y Y Y Y Y Y Y Y BOARD unexpired term thru 03/31/2013 Dr. Victoria Strasnick OLD BEACH DESIGN REVIEW Appointed: 10-0 Y Y A Y Y Y Y Y Y Y Y COMMITTEE effective 12/13/2011 Barbara Yates O/P/Q ADJOURNMENT 7:45 PM CITY COUNCIL SESSION SCHEDULE Date Time Meetin January 3, 2012 TBA Back to the usual schedule January 17-18, 2012 8AM - 5PM Retreat -Sandler Center Classroom (2nd Floor)