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JANUARY 24, 2012 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeS7EPH, At -Large HARRY F. DIEZEL, Kempsville - District 2 ROBERT M DYER, Centerville - District I BARBARA M HENLEY, Princess Anne - District 7 JOHND.MOSS, At -Large JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITYA770RNEY-MARKD. STILES CITY COUNCIL AGENDA CITY ASSESSOR - JERALD D. BANAGAN CITY A UDITOR - LYNDON S. REMIAS CITY CLERK -RUTHHODGESFRASER, MMC 24 January 2012 I. CITY MANAGER'S BRIEFINGS - Conference Room - CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.corn A. SUSTAINABILITY PLAN Clay Bernick, Environment and Sustainability Administrator - Planning Walt Cole, Planning Director, Clark Nexsen B. LIFEGUARD SERVICES CONTRACT 1. Request for Proposal Results, Analysis and Recommendation Bill Davis, Purchasing Agent (10 minutes) 2. Virginia Beach Lifesaving Services Proposal Kent Hinnant, Chief — Virginia Beach Lifesaving Service (10 minutes) 3. Virginia Beach Emergency Medical Services Proposal (10 minutes) Bruce Edwards, Chief — EMS C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance D. PENDING PLANNING ITEMS Jack Whitney, Director II. CITY COUNCIL A. BUDGET DIRECTION B. CITY COUNCIL COMMENTS C. CITY COUNCIL AGENDA REVIEW III. INFORMAL SESSION Conference Room A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 3:00 PM 5:00 PM IV. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. Stanley Sawyer, Rector All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION OF RECOGNITION Captain James D. Webb, USN 2. RESOLUTION IN TRIBUTE Judy Connors 3. ACCREDITED ECONOMIC DEVELOPMENT ORGANIZATION AWARD Warren Harris, Director — Economic Development I. CONSENT AGENDA J. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY — Rosemont Commerce Center Sentara Way and Avenue A January 10, 2012 K. ORDINANCES/RESOLUTIONS Ordinance to AMEND§§ 16-44,16-45, 16-47, 16-48, 16-49, 16-51 and 16-54 of the City Code re the Workforce Housing Program (Deferred January 10, 2012) 2. Ordinance to AMEND §35-35 of the City Code re equalization of assessments Resolution in SUPPORT of proposed General Assembly Amendments to the Constitution of Virginia re Eminent Domain 4. Ordinance to DESIGNATE TAX EXEMPT Personal Property Taxes in behalf of PIN Ministry 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Rosemont Interstate Center for City -owned property at Sentara Way and Avenue A (DISTRICT 3 — ROSE HALL) 6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE an Agreement with the Virginia Department of Agriculture and Consumer Services re additional funding for the Agriculture Reserve Program (ARP) 7. Ordinance to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Beach Police Foundation re the "Law Enforcement Memorial" to be constructed at 35th Street and the Boardwalk 8. Ordinance re MODIFICATION of a $75,000 interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Squad to extend dates of repayment 9. Resolution to REQUEST funding from the Commonwealth Transportation Board re an extension to Progress Lane and the City Manager to execute all necessary agreements 10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights-of- way, re repair and replacement of bulkheads, anchor piles, return walls, landing platforms, etc. damaged by "Hurricane Irene" on Ocean View Avenue at Chesapeake Beach: (DISTRICT 4 — BAYSIDE) a. ROGER T. and ELIZABETH K. GREGORY TRUSTEES OF ROGET T. and ELIZABETH K. GREGORY at the rear of 5008 Lauderdale Avenue b. KELSEY S. and JEAN STEWART at the rear of 5014 Lauderdale Avenue c. CHARLES O. STAINBACK at the rear of 5016 Lauderdale Avenue d. ELIZABETH STUART SCHULLER at the rear of 5022 Lauderdale Avenue e. ANDREW M. FISCHER at the rear of 5026 Lauderdale Avenue f. GEORGE E. and JANET GONZALEZ at the rear of 5030 Lauderdale Avenue g. SARAH L. HOUCK at the rear of 5032 Lauderdale Avenue h. LORRAINE WINCOR, EDWARD REICHBACH and ROBERT RAYLOVE at the rear of 5036 Lauderdale Avenue i. DESMOND C. and PATRICIA S. COOK at the rear of 5038 Lauderdale Avenue 11. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT: a. Additional streets re Urban Maintenance b. Corrections to the Road Inventory re Urban Maintenance 12. Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $11,525,844 in FY 2010-11 School Reversion Funding to the School Reserve Special Revenue Fund b. A $54,840 Rescue Squad Assistance from the Virginia Department of Health to purchase Lifepak15 defibrillators and medical equipment c. $56,520 for the Department of Economic Development from Smart Beginnings South Hampton Roads to administer the Early Learning Challenge grant initiative 13. Ordinance to TRANSFER funds to the Department of Emergency Medical Services (EMS) and AUTHORIZE full-time positions re in-house lifesaving services at the Resort Area Beaches L. PLANNING Application of LA PAZ, LLC, C/O CHRIS WOOD re a Nonconforming Use to renovate and ADD to the existing structure at 2256 Calvert Street (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of CS2 ACQUISITION, LLC for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 4800 Dolton Drive (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 3. Application of BUDDHIST EDUCATION CENTER OF AMERICAN DONG HUNG TEMPLE, INC. for a Modification of a Conditional Use Permit re plan and building elevations (approved April 2, 2011) for a religious use at 423 Davis Street (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 4. Application of MCQ BUILDERS, LLC and KROLL ENTERPRISES, II, LLC, for a Modification of Proffers No. 3 and 4 (approved November 25, 2008) at Dam Neck Road and Southcross Drive (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 5. Ordinance to AMEND §§ 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 (Deferred January 10, 2012) M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY MEDICAL ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PLANNING COMMISSION SOCIAL SERVICES BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 2012 CITYHOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. SUSTAINABILITY PLAN Clay Bernick, Environment and Sustainability Administrator - Planning Walt Cole, Planning Director, Clark Nexsen B. LIFEGUARD SERVICES CONTRACT 1. Request for Proposal Results, Analysis and Recommendation Bill Davis, Purchasing Agent (10 minutes) 2. Virginia Beach Lifesaving Services Proposal Kent Hinnant, Chief— Virginia Beach Lifesaving Service (10 minutes) 3. Virginia Beach Emergency Medical Services Proposal (10 minutes) Bruce Edwards, Chief — EMS C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance D. PENDING PLANNING ITEMS Jack Whitney, Director II. CITY COUNCIL A. BUDGET DIRECTION B. CITY COUNCIL COMMENTS C. CITY COUNCIL AGENDA REVIEW III. INFORMAL SESSION Conference Room 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Dr. Stanley Sawyer, Rector All Saints Episcopal Church 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 January 10, 2012 H. MAYOR'S PRESENTATIONS 1. RESOLUTION OF RECOGNITION Captain James D. Webb, USN 2. RESOLUTION IN TRIBUTE Judy Connors 3. ACCREDITED ECONOMIC DEVELOPMENT ORGANIZATION AWARD Warren Harris, Director — Economic Development WHEREAS. Captain James D. Webb, United States Navy, reported to Naval Air Station Oceana in Virginia Beach as the Executive Officer on January 13, 2009, and became the Commanding Officer on August 12, 2010. Under his leadership, NAS Oceana has continued to grow and prosper as the Navy's East Coast Master Jet Base; WHEREAS: Captain Webb has led initiatives to strengthen relationships with the City through quarterly meetings with the Mayor and City Manager; he has also vigorously supported the joint APZ Land Use and Redevelopment Programs to reduce encroachment and support the long term mission requirements of NAS Oceana. Captain Webb was instrumental in assisting the City reach agreement with the Department of Defense concerning FAA obstruction evaluations affecting future development within the City's Resort Area. Captain Webb's actions and strong leadership have made a difference and have significantly enhanced this City's strong, long standing and most important relationship with NAS Oceana; WHEREAS: Captain Webb is a native of Atlanta, Georgia, an accomplished FIA -I8 Pilot, he received his commission through the NROTC program and earned a degree in Mechanical Engineering from Auburn University. After receiving his "Wings Of Gold" in November 1988 and FRS training with the "Gladiators" of VFA-106 in early 1989, he began his operational career with the "Sidewinders" of VFA-86, during which time he deployed for three cruises onboard USS AMERICA and participated in both "Operation Desert Shield" and "Desert Storm ". He returned to VFA-106 in 1992. Soon, he was accepted into the Navy Test Pilot School in Patuxent River, Maryland, where he was selected as the "Distinguished Graduate of Class 109 "; WHEREAS. Captain Webb attended the Naval War College and completed his Master's Degree in National Security and Strategic Studies before reporting to Joint Forces Command. He served as the Deputy Chief of the Joint Training Division at US Joint Forces Command's Joint Warfighting Center before coming to NAS Oceana; and, WHEREAS: Captain Webb's personal decorations include the Defense Meritorious Service Medal, Meritorious Service Medal, Air Medal [two with Combat "V" and four Strike Flight awards], Navy Commendation Medal [six, four with Combat "V'], Navy Achievement Medal and various unit and campaign awards. Captain Webb has flown twenty-nine different aircraft, accumulating more than five thousand flight hours, including more than four thousand in flight and six hundred sixty arrested landings in the FIA -18. NOW, THEREFORE, BE IT RESOLVED: Virginia Beach City Council pauses in its deliberations to recognize Jim Webb as a contributing and important citizen and as the Commanding Officer of NAS Oceana who has left his footprints in the sands of time but has demonstrated great vision for the future of this community. Given under our hands and seals this Twenty-fourth day ofdanuary, Two Thousand Twelve. Councilman Glenn R. Davis Councilman Harry E. Diezel Council Lady Barbara M Henley Councilman John D. Moss Council Lady Rosemary Wilson Councilman William R. DeSteph Councilman Robert M. Dyer Vice Mayor Louis R. Jones Councilman John E. Uhrin Councilman James L. Wood William D. Sessoms, Jr., Mayor `[WEREAS. yuditk x Connors has agreat love for the City of Virginia Beach where she has resided most of her life. She moved to Ocean Park*, Vi mania Beach, in 1974 and has been very active, almost daily since then, in civic, community, historic and environmental activities, especially promoting and protecting the Ocean Park area where she served as President of the Civic League 1984-1988 and the Women's Club. She was instrumental in preserving the "reserved areas" as well as the sand replenishment at Ocean Park for which she was recognized by City Council in 1986. She served as Director of the Vi mania Beach Council of Civic Organizations 1987-88 and was one of the CCO's first honorees when she was recognized for her outstanding service to the community in 1995. She led the "Let freedom Ring" celebration of the US Constitution's Bicentennial in 1987. She organized and defended the beauty and historicalsign*nce of the City Seal in 1994 until it was trademarked; %WEREA,S. yudy has been politicalfy active, opposing changes to the City Council and School Board Redistricting and election process, serving as an Election Official at Ocean Parkand never hesitating to stand for her convictions of right aril duty; `WXE`R-A.fi She has served untiringly and unswervingly, the Francis Land House and other of her beloved Historic homes, being a Charter Member of the ,friends of the Francis LandHouse, where she served as its first President, was part of the first Docent class in 1986. She was appointed to the Francis LandHouse Board of Directors by the Vi mania Beach City Council and served from 1988 untif1996. She loved dressing in her Colonial attire and volunteering in many capacities, including representing the House on the Volunteer Council from 1996 to 2001. She was creative in many programs which stiff exist at the Francis LandHouse. She is currently serving as Nice Chair of the Friends of Virginia Beach Historic Houses; WJIE?YEqS. She was honored by the establishment of the yudith x Connors Award for Volunteer Service in 2001; and, ` HEREAS: yudy has dedicated her hfe to service to others and been honored by the Vi mania Beach City Councdu*h various appointments to very responsible Boards andCommissions, among them, the Boardof Zoning Appeal from 1999 to 2014 where she served as the first woman member and the first to consistently raise the standard on when" a variance should begranted in Vi mania Beach; the Bayfront Advisory Committee from 2005 to 2011 and the Southeastern Virginia Areawide ModelProgram from 1996 to 1999. Following in her Mother's footsteps with dedication to her heritage, she has been an active member of the Daughters of the American Revofution, localfy, statewide and nationalfy. MP W, PHEREF0 E, BE ITRE SOLVLD. that the Members of City Council, at its regular Formal Session on5anuary 24, 2012, hereby recognizes 77IDYCONOR$ for her dedication, untiring aril faithifulservice to the many citizens of Vi mania Beach with deepestgratitude, respect and honor. Given under our hands and seals this Twenty-fourth clay of yanuary, Two Thousand and?welve. Councilnan Glenn R Davis Councilman Marry Diezef CoancilLady Barbara Henley Councibnan9ohn D. Moss Council Lady Rosemary `Wilson Councilnan M&am R. Biff' DeSteph Councifman Robert M Bob' Dyer Vice Mayor Louis R, Sones Counabnan yohn D. UA in Councibnan James L. Wood Mayor'M fiam D. "Wiff' Sessoms J. PUBLIC HEARINGS 1. LEASE OF CITY -OWNED PROPERTY — Rosemont Commerce Center Sentara Way and Avenue A PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on Tuesday, January 24, 2012, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following property: Approximately 6,796 sq. ft. (0.15 acre) of land at Sentara Way and Avenue A to be used as an ingress/egress point for Rosemont Commerce Center If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. Ruth Hodr, er, MMC City Clerli Beacon: Jan. 15, 2012 two, y. NOTICE OF PUBLIC HEARING PROPOSED FEES FOR APPLICATIONS FOR DEVELOPMENT PURSUANT TO ALTERNATIVE COMPLIANCE PROVISIONS OF CITY ZONING ORDINANCE SECTION 107.1 On Tuesday, January 24, 2012, at 6:00 p.m., in the Council Chamber of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a PUBLIC HEARING concerning the establishment of a fee for applications seeking approval of development pursuant to the proposed Alternative Compliance provisions of City Zoning Ordinance Section 107.1. The proposed fee shall be in the amount of Four Hundred Dollars ($400.00) for applications requiring a special exception granted by the City Council and Two Hundred Dollars ($200.00) for applications not requiring a special exception. The legal authority for the enactment of such proposed fee is set forth in Virginia Code Section 15.2-2286 (A) (6). The complete ordinance and information concerning the documentation for the proposed fee are available for examination by the public at the Department of Planning, 2405 Courthouse Drive, Virginia Beach, Virginia, (757) 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call TDD 711 (TDD - Telephone Device for the Deaf. Any questions concerning this matter should be directed to the Department of Planning at the above address or telepho a nu ber. Ruth Hodges r MMC City Clerk Beacon: Jan. 8 & 15, 2012 J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS Ordinance to AMEND§§ 16-44,16-45, 16-47, 16-48, 16-49, 16-51 and 16-54 of the City Code re the Workforce Housing Program (Deferred January 10, 2012) 2. Ordinance to AMEND §35-35 of the City Code re equalization of assessments 3. Resolution in SUPPORT of proposed General Assembly Amendments to the Constitution of Virginia re Eminent Domain 4. Ordinance to DESIGNATE TAX EXEMPT Personal Property Taxes in behalf of PIN Ministry 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Rosemont Interstate Center for City -owned property at Sentara Way and Avenue A (DISTRICT 3 — ROSE HALL) 6. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE an Agreement with the Virginia Department of Agriculture and Consumer Services re additional funding for the Agriculture Reserve Program (ARP) 7. Ordinance to EXECUTE a Memorandum of Understanding (MOU) with the Virginia Beach Police Foundation re the "Law Enforcement Memorial" to be constructed at 35th Street and the Boardwalk 8. Ordinance re MODIFICATION of a $75,000 interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Squad to extend dates of repayment 9. Resolution to REQUEST funding from the Commonwealth Transportation Board re an extension to Progress Lane and the City Manager to execute all necessary agreements 10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned rights-of- way, re repair and replacement of bulkheads, anchor piles, return walls, landing platforms, etc. damaged by "Hurricane Irene" on Ocean View Avenue at Chesapeake Beach: (DISTRICT 4 — BAYSIDE) a. ROGER T. and ELIZABETH K. GREGORY TRUSTEES OF ROGET T. and ELIZABETH K. GREGORY at the rear of 5008 Lauderdale Avenue b. KELSEY S. and JEAN STEWART at the rear of 5014 Lauderdale Avenue c. CHARLES O. STAINBACK at the rear of 5016 Lauderdale Avenue d. ELIZABETH STUART SCHULLER at the rear of 5022 Lauderdale Avenue e. ANDREW M. FISCHER at the rear of 5026 Lauderdale Avenue f. GEORGE E. and JANET GONZALEZ at the rear of 5030 Lauderdale Avenue g. SARAH L. HOUCK at the rear of 5032 Lauderdale Avenue h. LORRAINE WINCOR, EDWARD REICHBACH and ROBERT RAYLOVE at the rear of 5036 Lauderdale Avenue i. DESMOND C. and PATRICIA S. COOK at the rear of 5038 Lauderdale Avenue 11. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT: a. Additional streets re Urban Maintenance b. Corrections to the Road Inventory re Urban Maintenance 12. Ordinances to ACCEPT and APPROPRIATE Grant funds: a. $11,525,844 in FY 2010-11 School Reversion Funding to the School Reserve Special Revenue Fund b. A $54,840 Rescue Squad Assistance from the Virginia Department of Health to purchase Lifepak15 defibrillators and medical equipment c. $56,520 for the Department of Economic Development from Smart Beginnings South Hampton Roads to administer the Early Learning Challenge grant initiative 13. Ordinance to TRANSFER funds to the Department of Emergency Medical Services (EMS) and AUTHORIZE full-time positions re in-house lifesaving services at the Resort Area Beaches ��jNa nes, s 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 24, 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 B) 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 a loan -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. This item was deferred from the January 10, 2012 agenda. 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: Department of Housing and Neighborhood Preservation City g Mana er �L 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 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: R 7 DIVISION 1. GENERAL PROVISIONS h 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. 52 .... 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 se e) fort40 percent and ninety (90) percent of AMI or, 39 where the building contains an elevator, between sixty (60) fort40 percent and one 40 hundred (100, 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 any 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. With respeGt to hn.v,o 59 , it indudes housing that is PFiGed te be a#OFdable to 60 61 , 62 tG Fental6 of woFkfGFre housing, it iRGlude6 housing that is PF*Ged to be affeFdable to 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 deed of trust oarFies a zero peFGent iRteFe6t Fate, F I . ME)Rthly paymeRtG, i6_ 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 (AMI) 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; (ii) carry a zero percent interest rate: R jjiij 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 44 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. iu: 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: 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 LgJ 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 si)dy (68) fort40 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: 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 rMTAM UNA iski a9 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 12012. APPROVED AS TO CONTENT Dept. of�ipdor `�drid Neigh Preserva ion; t CA -11870 R-5 January 3, 2012 APPROVED AS TO LEGAL SUFFICIEN Y: City Attorney's Office 9 r r� H N I- N 0 O Ln O (D r N 00 O CC) r� M M N N N 0000 I-0 LIi1:T � 6r,(9. Ki 609. (A (A O d 00 N (O O V (O h 00 O M c} 0O O N Ln M of r- 00 00 0 00 00 0) 0 CO h O (n '' M 69, (A .9 EA Efl EA di OO t V 1� N (p � r OO00 O M O 00M N O 00 LC) M �- c NMM'tLOtoto 0 00 t` O Ln 't M (i3 Gfi (A (fl (fi (03 K3 000 MO00O � I� (OOMCOOM(O O ; r1 M � ti n1 1.00 O O N M ct O ICI- � (O (� L() d' M 61 6% W. (t? fA tf? EA '8 10 CO tm 0 Ln ct M tO O - 0 N co (OtCO O N CO0O h (fl Liz d' ,t M 51 vi u3 61!>Eli 609.K30 3 K3 N 3 O = N Ce) �td'Ln(0I` O O'IT 0d O"t 0) L to O O M 00 N h— lf') r, COO O N LO Lf) h MM O Ef3 (A Efi EA b4 (� (f? 3 . Z 0 0 0N 0 0'� 0f) 0 • O r M l CO rnrnrnrnrnrnrn 01" N M 00 � � I- 10 Ln W M N u (fl K3 ffl ( (A Efl (f3 0M CO f- (O LO V r r N co LO O M O (q M O , -- O (Np LO LO � M M N ba�Ws61). ull 09. 6q O 00 (O d' N O 00 N N M "1 L(j (O O CO O M h Ln O M N O N N U llO coO co Efl EA 61%16f3 (!} 6,1 (A O � 0Ln Ln N M m M .3 � Ln 0 r r\ O O N M Ln p 00�0�0�0 It M M N N (fl ka ER to Qi l (f) (A LO C� G E Q O Q O O U O o 0 0 0 0 0 ° (U �l 0000000 r00�OLLO� r� H Attachment B VBCDC Clients at 40% to 60% of Area Median Income a/o October 13, 2011 Client Number Current income Family size /o o AMI # Dependents under 18 Total Rent Paid Employer/Position 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 1 $261322 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* SSI/Child 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 8 $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%0 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 j $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: 57 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/Cust 26 Service/Technicians O O O O o O 00 N Lf) qT rl t/? t/? 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(D O O 0 tD to O O O O lD O00 N o0 O ol Ln -t O N Lr) iR 1.0 � � d V a O 0 Ln 4' vii > U Q ++ f6 +0.+ C O 4' Y H E -0 U Q a O H 0 0 0 L O N N l0 rl n to t/4 t/} O O O O N N 0 M 0 -Ln LD t1? to 4y "m'�r 4,1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 35-35 of the City Code Pertaining to Equalization of Assessments MEETING DATE: January 24, 2012 ■ Background: The Board of Equalization (the "BOE"), which is appointed by the circuit court, is authorized to revise, correct and amend assessments of real estate. The board begins their hearings on assessment appeals in July. The current deadline to receive applications for BOE appeals is November 30. This deadline was enacted by City Council in July 2010 to allow the BOE have the full slate of appeals completed in December and January. As part of the BOE assessment appeal process, the Real Estate Assessor provides the taxpayer a notice regarding the Assessor's methodology and any other factors used in determining the value of the property. The General Assembly recently amended the State Code to require that the notice of the Assessor's methodology be provided at least 45 days prior to the BOE hearing date. If the current November 30 date is used, the BOE will not be able to complete the appeals in December and January. In an effort to accommodate the 45 day requirement and to complete its work on schedule, the BOE and the Assessor request the application date for BOE appeals be moved back to September 30, which will allow the BOE to complete its work on time. As required by law, the deadline must be clearly stated on the notice of assessment that is provided to each taxpayer in March. ■ Considerations: In addition to an appeal to the BOE, or in lieu of such an appeal, a taxpayer may choose to appeal an assessment to the City Real Estate Assessor. The number of appeals made to the BOE has increased from 17 in FY 2000 to 67 in FY 2011. Of the 67 appeals filed in FY 2011, more than half were filed near the deadline. Filing that late in the year can be problematic, because, among other things, new assessments are being finalized in December and January for presentation to City Council and the public in late February. Among Hampton Roads cities, Chesapeake, Suffolk, and Hampton have the earliest deadline—May 1—and Newport News has the latest—September 1. Portsmouth has no deadline, but their board only hears appeals in March and April, so they have a de facto deadline. The attached ordinance would set a September 30 deadline for filing appeals, which would be the latest deadline in Hampton Roads. The state law that authorizes City Council to set an application deadline requires that any such deadline be included in the notice of assessment that is sent to taxpayers in March. Equalization of Assessments Page 2 of 2 ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Board of Equalization/Real Estate Assesso City Manager:, 1 AN ORDINANCE TO AMEND SECTION 35-35 2 OF THE CITY CODE PERTAINING TO 3 EQUALIZATION OF ASSESSMENTS 4 5 SECTION AMENDED: § 35-35 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 35-35 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 35-35. Equalization of assessments. 14 15 (a) In order to equalize assessments of real estate annually, the city real 16 estate assessor shall hold hearings between March fifteenth and April thirtieth of each 17 year, or as often as may be necessary as determined by the city real estate assessor, 18 for the purpose of receiving such evidence as may be presented to him by any taxpayer 19 with respect to the inequality of his assessment made during the twelve-month period 20 ending January thirty-first last ensuing. Any taxpayer feeling aggrieved by any such 21 assessment of his property may apply to the city real estate assessor for the 22 equalization thereof on forms provided by the city real estate assessor for that purpose. 23 24 (b) At least fifteen (15) days before the hearings provided for in this section, 25 notice thereof shall be given by publication one time in one of the newspapers having 26 general circulation in the city. Notwithstanding such notice, such hearings may be 27 granted by the city real estate assessor upon appointments. 28 29 (c) After hearing the evidence referred to in subsection (a) above, the city real 30 estate assessor may take such action as he may deem necessary to equalize 31 assessments and shall record the action taken in the land book. Each taxpayer having 32 made application for such hearing and any other taxpayer affected by the action of the 33 city real estate assessor shall be advised of the decision of the city real estate assessor 34 with respect to such assessment. 35 36 (d) The city real estate assessor may authorize persons employed in his 37 office who are competent so to do to hold any hearing referred to in this section, 38 provided the evidence presented or a summary thereof is transmitted to the city real 39 estate assessor for action with respect thereto. 40 41 (e) The board of equalization shall have the powers to revise, correct and 42 amend any assessment of real estate, other than real estate assessable by the state 43 corporation commission. The board shall begin hearing assessment appeals the first 44 Thursday in July of each year. An application for appeal to the board must be received 45 by September "'^%F30 of the year in which the assessment was made. The city 46 real estate assessor shall include this deadline in the notice of assessment. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT CA12116 R-1 January 19, 2012 APPROVED AS TO LEGAL SUFFICIENCY: 1 City r e e ' jri7AbC'� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution in Support of the Proposed Eminent Domain Amendment to the Constitution of Virginia MEETING DATE: January 24, 2012 ■ Background: In 2005, in a 5-4 decision in the case of Kelo v. New London, the Supreme Court of the United States held that a locality may use the power of eminent domain to take privately held real property from a land owner and convey that property to another private property owner to further economic development. Members of the City's delegation to the General Assembly support an amendment to the Constitution of Virginia to restrict the use of eminent domain in the Commonwealth. ■ Considerations: The attached resolution endorses the proposed amendment on behalf of the citizens of Virginia Beach. The text of the amendment is set forth at the end of the resolution. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Resolution Requested by Councilmembers DeSteph, Dyer and Moss REQUESTED BY COUNCILMEMBERS DESTEPH, DYER AND MOSS 1 A RESOLUTION IN SUPPORT OF THE PROPOSED 2 EMINENT DOMAIN AMENDMENT TO THE 3 CONSTITUTION OF VIRGINIA 4 WHEREAS, as James Madison stated in crafting the Fifth Amendment to our 5 Constitution ("nor shall private property be taken for public use without just 6 compensation"), A Government is instituted to protect property of every sort... This 7 being the end of government, that alone is a just government, which impartially secures 8 to every man, whatever is his own."; and 9 WHEREAS, Alexander Hamilton observed, "[T]he true protection of men's rights 10 are to be found not among old parchments or musty records. They are written ... in the 11 whole volume of human nature ... and can never be erased or obscured."; and 12 WHEREAS, the United States Supreme Court in Armstrong v. United States 13 (1960) in reference to the exercise of eminent domain noted that the Fifth Amendment 14 was "designed to bar Government from forcing some people alone to bear public 15 burdens which, in all fairness and justice, should be borne by the public as a whole."; 16 and 17 WHEREAS, the Virginia Beach Delegation to the General Assembly—Senator 18 Wagner, Senator McWaters, Delegate Purkey, Delegate Tata, Delegate laquinto, 19 Delegate Stolle, and Delegate Villanueva—support amending the Constitution of 20 Virginia to restore the narrow judicially validated definition of public purpose restricting 21 the use of eminent domain prior to United States Supreme Court's ruling in Kelo v. New 22 London (2005); and 23 WHEREAS, the proposed amendment narrowly defines the public purposes for 24 which eminent domain may be exercised to take a person's property and ensures that 25 property owners will be fairly compensated when their property is condemned for a 26 public purpose. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH: 29 That the City Council, on behalf of the residents of Virginia Beach and in support 30 of the Virginia Beach Delegation to the General Assembly, hereby endorses the 31 proposed constitutional amendment on property rights that would delete the phrase, 32 "nor any law whereby private property shall be taken or damaged for public uses, 33 without just compensation, the term `public uses' to be defined by the General 34 Assembly" from Section 11 of Article I of the Constitution of Virginia and would insert the 35 phrase "or damaging" between the word "taking" and the phrase "of private property" in 36 the first sentence of that section and would insert the following text at the end of the 37 section: 38 That the General Assembly shall pass no law whereby private property, 39 the right to which is fundamental, shall be damaged or taken except for 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 public use. No private property shall be damaged or taken for public use without just compensation to the owner thereof. No more private property may be taken than necessary to achieve the stated public use. Just compensation shall be no less than the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking. The terms "lost profits" and "lost access" are to be defined by the General Assembly. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services. In all other cases, a taking or damaging of private property is not for public use if the primary use is for private gain, private benefit, private enterprise, increasing jobs, increasing tax revenue, or economic development, except for the elimination of a public nuisance existing on the property. The condemnor bears the burden of proving that the use is public, without a presumption that it is. Adopted by the City Council of the City of Virginia Beach on the .2012. APPROVED AS TO LEGAL SUFFICIENCY: ... � A CITY ATTORNEY'S OFFICE CA 12114 R-2 January 20, 2012 day of a iTf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate Organizations as Being Exempt from Local Personal Property Taxation — PIN Ministry MEETING DATE: January 24, 2012 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). This application was deferred for 60 days by City Council on November 22, 2011. ■ Considerations: The Commissioner of the Revenue has reviewed the application from PIN Ministry and finds it to be eligible for tax exemption by designation. ■ Public Information: A public hearing for this item was held on November 22"d at the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinance; City Council Policy on Tax Exemption by Designation; Commissioner of Revenue Summary of the Application Recommended Action: Approval of Ordinance for PIN Ministry Submitting Department/Agency: Commissioner of the Revenue City Manager: S L . �tyA' 1 AN ORDINANCE TO DESIGNATE PIN MINISTRY AS 2 BEING EXEMPT FROM PERSONAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to PIN Ministry. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates PIN 13 Ministry as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia. 15 16 2. That personal property owned by PIN Ministry located within the City of Virginia 17 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property PIN Ministry for exclusively charitable 23 purposes; 24 25 (b)that each July 1, PIN Ministry shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or, if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2013, PIN Ministry shall file an 31 exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that PIN Ministry cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records, compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioner o e Revenue CA12071 R-1 November 8, 2011 APPROVED AS TO LEGAL SUFFICIENCY: & s Office ENTITY NAME: Pin Ministry T/A Pin Ministry 545 S. Birdneck Road Ste 101 Virginia Beach VA 23451 Website: pinministry.org SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Pin exists to provide food, clothing, shelter, and free medical care for people that are either homeless or extremely poor. • Pin provides basic medical care, transportation and housing. • Pin provides support groups and mentoring. • The ultimate focus is to help the homeless of Hampton Roads transform their lives by meeting them where they are and sharing a God that loves them and wants a relationship with them. TAX EWACT: Business Property: Assessment: 10,026.00 Tax: $148.38 Personal Property Assessment: 1970 Mobile Home 1,000 Tax: .$8.90 Assessment: 1980 Mobile Home 10,752 Tax: $95.69 Assessment: 1973 Mobile Home 1,000 Tax: $ 8.90 Assessment: 2007 Ford Van Tax: Assessment: 2003 Ford Van Tax: Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status - May 2004 10,125 $374.63 1,650 $61.05 f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five Years with Rosemont Interstate Center, L.L.C., for Approximately 6,796 Sq. Ft. (0.15 Acre) of City -Owned Property Located at Sentara Way and Avenue A MEETING DATE: January 24, 2012 ■ Background: Rosemont Interstate Center, L.L.C. ("Rosemont") desires to lease approximately 6,796 sq. ft. (0.15 acre) of land from the City of Virginia Beach (the "City") located at Sentara Way and Avenue A in the City of Virginia Beach (the "Property"). Rosemont would use the Property for access to its adjoining business and for parking. Rosemont has been leasing the Property from the City since 2002. ■ Considerations: This lease would be for a term of five (5) years. The City has the right to terminate the lease upon sixty (60) days' written notice. See attached Summary of Terms for more specific terms. ■ Public Information: Advertisement of Public Hearing. Advertisement of City Council Agenda ■ Alternatives: Approve terms of the Lease Agreement as presented, change terms of the proposed lease agreement or deny leasing of the Property. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agenc y: City Manager: , �J W; -T, Public Works / Facilities Management Office 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A LEASE FOR FIVE YEARS WITH 3 ROSEMONT INTERSTATE CENTER, L.L.C., FOR 4 APPROXIMATELY 6,796 SQ. FT. (0.15 ACRE) OF 5 CITY -OWNED LAND LOCATED AT SENTARA WAY 6 AND AVENUE A 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 9 parcel of land containing approximately 6,796 sq. ft. (0.15 acre), located at Sentara 10 Way and Avenue A in the City of Virginia Beach (the "Premises"); 11 12 WHEREAS, Rosemont Interstate Center, L.L.C., a Virginia limited liability 13 company ("Rosemont") has leased the Premises from the City since 2002, and 14 desires to continue leasing the Premises; 15 16 WHEREAS, Rosemont has agreed to enter into a new lease agreement for 17 the Premises for a term of five (5) years, with an annual lease payment of $1,472.64 18 for the first year, escalating by three percent (3%) each remaining year; and 19 20 WHEREAS, the Premises would continue to be utilized as an ingress/egress 21 point and to provide parking for an office building for the adjacent property owned by 22 Rosemont, and for no other purpose. 23 24 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for the term of 28 five (5) years, between Rosemont Interstate Center, L.L.C. and the City, for the 29 Premises in accordance with the Summary of Terms attached hereto, and made a 30 part hereof, and such other terms, conditions or modifications as may be acceptable 31 to the City Manager and in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 34 day of )2012. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM Ze, �/,/ City Attorney U Public Works / Facili es Management CA11965 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D004\P012\00000373. DOC R-1 January 12, 2012 SUMMARY OF TERMS LEASE OF CITY -OWNED PROPERTY LOCATED AT SENTARA WAY AND AVENUE A LESSOR: City of Virginia Beach (the "City") LESSEE: Rosemont Interstate Center, L.L.C. ("Rosemont") PREMISES: Approximately 6,796 sq. ft. (0.15 acre) of City -owned property located at Sentara Way and Avenue A in the City of Virginia Beach TERM: July 1, 2012 through June 30, 2017 RENT: $1,472.64 for the first year and escalated by three percent (3%) each remaining year. Rent shall be payable either in an annual lump sum or in equal monthly installments. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises for ingress and egress and to provide parking for an adjacent office building owned by Lessee, and no other purposes. • Keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Rosemont to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice. • The right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the Lease any time prior to June 30, 2017 upon sixty (60) days' written notice. \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D004\P012\00000374.DOC J -l—Z--'T——T � I I 1 I [.O 1 I I co coil 0 cn ROSEMONT RD S 200 -299 I .\ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution authorizing and directing the City Manager to execute, on behalf of the City, an Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City of Virginia Beach regarding the purchase of Agricultural Reserve Program Easements MEETING DATE: January 24, 2012 ■ Background: In 2011, the Virginia Department of Agriculture and Consumer Services (VDACS) determined that the City is eligible for additional State funding over the next two years in the maximum cumulative amount of $110,952.46, as reimbursement for certain costs incurred by the City in connection with the purchase of farmland preservation easements under the City's Agricultural Reserve Program (ARP). The City previously approved the receipt of funding from VDACS on June 24, 2008, January 27, 2009, February 23, 2010, February 22, 2011, and June 14, 2011. Subject to the approval of the City Council, the City Staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (IA) providing for the additional funding. ■ Considerations: The agreement provides that VDACS will reimburse the City for certain costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easements; (2) the cost of any appraisal; (3) attorney's fees; (4) the cost of any survey; (5) title insurance fees; and (6) public notice costs. The IA also allows the City to be reimbursed for certain other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The IA also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 100% of the costs listed above, up to the maximum cumulative amount of $110,952.46. A Summary of Material Terms is included in the agenda package for this item. ■ Public Information: No special advertising is required. ■ Recommendations: Adoption of Resolution ■ Attachments: Resolution and Summary of Material Terms Recommended Action: Approval of the Resolution Submitting Department/Agency: Agriculture Department City Manager: j11,, , 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE, ON BEHALF OF THE 3 CITY, AN INTERGOVERNMENTAL AGREEMENT 4 BETWEEN THE VIRGINIA DEPARTMENT OF 5 AGRICULTURE AND CONSUMER SERVICES AND THE 6 CITY OF VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 10 WHEREAS, the City of Virginia Beach adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing a comprehensive program 12 (the "Agricultural Reserve Program") for the preservation of agricultural lands within the 13 City; and 14 15 WHEREAS, since its inception of the Agricultural Reserve Program, 16 approximately 8,878.87 acres of land have been placed under easements restricting 17 development of the land to agricultural uses; and 18 19 WHEREAS, the General Assembly, by Chapter 890 of the 2011 Acts of 20 Assembly, has appropriated $1,200,000 to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the continuation of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; and 24 25 WHEREAS, Section 3.2-201 of the Code of Virginia authorizes VDACS' Office of 26 Farmland Preservation to develop methods and sources of revenue for allocating funds 27 to localities to purchase agricultural conservation easements; and 28 29 WHEREAS, VDACS has determined that the City of Virginia Beach is eligible to 30 receive contributions of funds from VDACS in reimbursement for certain costs the City of 31 Virginia Beach incurs in the course of purchasing Agricultural Reserve Program 32 easements; and 33 34 WHEREAS, the City and VDACS desire to enter into an agreement pursuant to 35 which VDACS will reimburse the City for certain costs incurred by the City in the course 36 of purchasing ARP easements, up to a cumulative maximum amount of $110,952.46, 37 for a period of two (2) years from the date of the agreement; and 38 39 WHEREAS, the complete agreement between the City and VDACS is set forth in 40 that certain document entitled "INTERGOVERNMENTAL AGREEMENT Between 41 Virginia Department of Agriculture and Consumer Services and The City of Virginia 42 Beach," dated December 31, 2011, a true copy of which agreement is on file in the City 43 Clerk's Office; and 44 45 WHEREAS, a Summary of Material Terms of the said agreement is appended 46 hereto; and 47 48 WHEREAS, the City Council finds that the terms of the said agreement are fair 49 and reasonable and would be of significant benefit to the City and its citizens by 50 providing an additional source of funds for the purchase of Agricultural Reserve 51 Program easements; 52 53 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 54 OF VIRGINIA BEACH: 55 56 That the City Manager is hereby authorized and directed to execute the aforesaid 57 agreement, and any modifications to the aforesaid agreement, on behalf of the City and 58 to take such measures as are necessary or advisable to implement such agreement 59 according to its terms. 60 61 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 62 VIRGINIA BEACH: 63 64 That the City Council hereby expresses its appreciation to the Governor, the 65 General Assembly and the Virginia Department of Agriculture and Consumer Services 66 for their continued commitment to the preservation of agriculture within the 67 Commonwealth and the City. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia on the day 70 of , 2012. 71 72 73 74 Approved as to Content: Approved as to Legal Sufficiency: 75 76 77 78 79 Agriculture Department City Attorney's Office 80 81 91 CA -11981 \\vbgov.com\dfsl \applications\citylawprod\cycom3Zwpdocs\d003\p013\00000033. doe 84 R-1 85 January 3, 2012 6 Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach Summary of Material Terms Background: City of Virginia Beach is eligible to receive an additional $110,952.46 in State funds to purchase agricultural preservation easements through the City's Agricultural Reserve Program (ARP). The City of Virginia Beach was previously approved to receive $403,219.75 from the Virginia Department of Agriculture and Consumer Services (VDACS) on June 24, 2008, $49,900.00 on January 27, 2009, $93,932.19 on February 23, 2010, $12,500 on February 22, 2011, and $54,247.37 on June 14, 2011. Parties: The City of Virginia Beach and the Virginia Department of Agriculture and Consumer Services (VDACS). VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount in new funding over the next two years is $110,952.46. Reimbursable costs include: • the purchase price of any Treasury STRIPS acquired to fund the purchase price of the conservation easement; • cost of title insurance; • cost of any appraisal; • cost of any physical survey; • reasonable attorney's fees; • cost of public notices Note: Other costs are reimbursable but are not incurred by the City in the course of ARP transactions as presently structured. Maximum reimbursement for a single purchase is equal to 50% of sum of the purchase price of the easement and reimbursable costs, excluding costs of STRIPS. City of Virginia Beach Responsibilities: Cost: Utilize state funds to further protect working agricultural lands by purchasing development rights. Submit a progress report each year that the agreement is effective or a subsequent agreement is in effect to (i) describe any prospective properties and the status of any negotiations, (ii) estimate the timeframes that agreements could possibly be executed, (iii) maintain a public outreach program designed to educate various stakeholders, (iv) develop and maintain a monitoring program, and (v) continually evaluate the effectiveness of the program. If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to VDACS' contribution toward the total reimbursable cost of acquiring the ARP easement. • No associated costs are incurred by the City Duration and Termination: • Initial term is two years from the date of the agreement or December 31, 2012. • This agreement shall be merged with the previous agreement approved on February 22, 2011, so there are no inconsistencies. City may be recertified as eligible for future funding, but not guaranteed. • The agreement may be terminated if the City fails to perform any of its obligations under the terms of this agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other PDR programs. 2 Mw �yl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Execution of a Memorandum of Understanding for the Construction, Maintenance, and Dedication of the Law Enforcement Memorial to be Installed at 35th Street and the Boardwalk, and Transferring Funds to Provide for Improvements on City Property MEETING DATE: January24, 2012 Background: The Virginia Beach Police Foundation, Incorporated is a non -stock corporation (the "Foundation") that has proposed to construct and dedicate a memorial sculpture (the "Memorial") that will be the focal point of a Law Enforcement Memorial Park (the "Park") located at 35th Street and the Boardwalk. To provide for the construction, maintenance, and dedication of the Memorial and the Park, the Foundation has proposed a Memorandum of Understanding ("MOU"). As provided in the MOU, the Foundation will construct and install the memorial sculpture (shown in the attached Exhibit A), the granite base, the flagpole, the contributor wall(s), the seat wall, the bollards, and associated lighting. As proposed in the MOU, the City portion of this project includes the installation of pavers, the relocation of a shower, water fountain, and the bike path, which is estimated not to exceed $80,000. The MOU anticipates a cost participation agreement to pay for the City improvements. The attached Exhibit B provides a visual depiction of the location of the Memorial and the related improvements at the Park. The Resort Advisory Commission has voted to endorse the Memorial and the Park. Additionally, the Public Art Committee and the Memorial Committee have also approved the project. ■ Considerations: The attached MOU addresses the construction, maintenance, and dedication of this Memorial (a summary is attached to this item as Exhibit C). The MOU provides access to City property for the Foundation and the Foundation's general contractor and subcontractors for the construction and maintenance activities related to the Memorial and the Park. For the improvements to City property such as pavers, the MOU includes a cost participation agreement, provided the City Purchasing Agent is able to make a sole source determination. Under the terms of the cost participation agreement, the City will only be responsible for reimbursements up to $80,000. The funding for the improvements to the City property will require a transfer of $80,000 from the General Fund Reserve for Contingencies, which is also provided in the attached ordinance. ■ Public Information: This item will be advertised as part of the normal Council agenda process. 0 Recommendations: Approval of the attached ordinance. ■ Attachments: Ordinance, Exhibit A ("35th Street Law Enforcement Memorial"), Exhibit B ("Virginia Beach Law Enforcement Memorial Park"), Exhibit C ("Summary of Material Terms of the MOU") Recommended Action: Approval Submitting Department/Agency: City Manager: y Strategic Growth Area Officelf--- 1 AN ORDINANCE AUTHORIZING THE EXECUTION 2 OF A MEMORANDUM OF UNDERSTANDING FOR 3 THE CONSTRUCTION, MAINTENANCE, AND 4 DEDICATION OF THE LAW ENFORCEMENT 5 MEMORIAL TO BE INSTALLED AT 35TH STREET 6 AND THE BOARDWALK AND TRANSFERRING 7 FUNDS TO PROVIDE FOR IMPROVEMENTS OF 8 CITY PROPERTY 9 10 WHEREAS, the Virginia Beach Police Foundation (the "Foundation") desires to 11 erect a monument sculpture in memory of law enforcement officers who lost their lives 12 in the line of duty in the City; and 13 14 WHEREAS, the City of Virginia Beach ("City") owns real property at the 15 intersection of 35th Street and the Boardwalk that would be a suitable location of such a 16 monument and park; and 17 18 WHEREAS, the Foundation and the City wish to enter into a Memorandum of 19 Understanding ("MOU") to provide for the construction, maintenance, and dedication of 20 a memorial sculpture, granite base, flag pole, contributor walls, seat wall, bollards, and 21 associated lighting (the "Memorial'), a copy of a rendering of the Memorial is attached 22 hereto as Exhibit A; and 23 24 WHEREAS, the Memorial will be the focal point of the Law Enforcement 25 Memorial Park (the "Park") and such Memorial and Park will be a place of reverence for 26 those law enforcement officers who lost their lives in the line of duty in the City, a copy 27 of a drawing of the Memorial and Park Location is attached hereto as Exhibit B; and 28 29 WHEREAS, the MOU provides for the Foundation to dedicate the Memorial to 30 the City after it has been constructed; and 31 32 WHEREAS, the MOU provides for the Foundation to be responsible for capital 33 and enhanced maintenance related to the Memorial and the City to be responsible for 34 day-to-day maintenance and repair including cleaning, operational upkeep of lighting, 35 replacement of flags as wear dictates, lowering of flags to half-mast and raising to full - 36 mast as appropriate, resealing of joints in granite panels, and removal of graffiti; and 37 38 WHEREAS, a portion of the construction includes the improvement of City 39 property at the Park; the cost of such improvements will not require expenditure of City 40 funds exceeding $80,000. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA, THAT: 44 45 1. The City Manager is hereby authorized to execute a MOU between the City and 46 the Foundation to provide for the construction, maintenance, and dedication of 47 the Law Enforcement Memorial and Memorial Park, a summary of material terms 48 of the MOU is attached hereto as Exhibit C and incorporated. 49 50 2. $80,000 is hereby transferred from the General Fund Reserve for Contingencies 51 to the FY 2011-12 Operating Budget of the Strategic Growth Area Office for the 52 City improvements at the Memorial Park. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO COAITENT: is lroh Ar a 'knagement Se APPROVEID AS TO LEGALSUFFICIENCY: R-4 January 12, 2012 M m 2 W 4- 0 z w Ozs fz 0t: 5W =o ma dr m /M/d'm 3W3AV OUNV71V 3 w _ Wa 00Iz0o m s o m �z o< o m ,o ma > my Z mo as i0 0 w� W`'• w� W g= w 0 O tnzQ'. U� � d ^I,, O o � �[ z z o< ma dr m /M/d'm 3W3AV OUNV71V 3 EXHIBIT C SUMMARY OF MATERIAL TERMS MEMORANDUM OF UNDERSTANDING ("MOU") PARTIES VIRGINIA BEACH POLICE FOUNDATION (the "Foundation") CITY OF VIRGINIA BEACH (the "City") PURPOSE Construction, maintenance and dedication of the Virginia Beach Law Enforcement Memorial (the "Memorial"). The Memorial is defined in the MOU to include: the memorial sculpture, the granite base, the flagpole, the contributor wall(s), the seat wall, the bollards, and the associated lighting. Additionally, the MOU provides for the construction of improvements to City property at the Law Enforcement Memorial Park, located at 35th Street and the Boardwalk (the "Park" or "Premises"). The Memorial and the Park will be a symbol of reverence to the memory of law enforcement officers who lost their lives in the line of duty in Virginia Beach. ATTACHMENTS Exhibit A: the Memorial Exhibit B: a layout of the Park TERMS The Foundation and its contractors and subcontractors are required to have insurance at all times during construction. The Foundation will indemnify and hold harmless the City for any actions or omissions on the part of the Foundation or any of its agents, contractors, subcontractors, and employees. The MOU provides for the dedication of the Memorial after completion and acceptance by the City. After dedication and subject to funding, the City will be responsible for day-to-day maintenance and repair, including the removal of graffiti. The Foundation will be responsible for capital or enhanced maintenance. The Premises will be available to the Foundation for construction and installation activities of the Memorial. The Foundation will allow access during construction and installation of the Memorial and the Park at any reasonable time to the City, its agents, or employees. The improvements to City property include pavers within the 35th Street right-of-way, the realignment of the bike path, the relocation of the water fountain and shower currently at the Premises. If the City Purchasing Agent is able to make a sole source determination, the MOU will incorporate a cost participation agreement to allow for the City to provide an amount not exceeding $80,000 for the improvements to the Premises. EXHIBIT C — SUMMARY OF THE MOU The City will not be liable for the loss, damage, or destruction of the Memorial. However, subject to the availability and appropriation of funding including funds received from a tortfeasor or court-ordered restitution, the City will endeavor to repair damages to the Memorial. With regard to the Premises, subject to the availability and appropriation of funding, the City will be responsible for loss, damage or destruction. The Foundation will not do any act or permit any action to be taken that would result in a lien being placed upon the Premises. The MOU contains standard City contract provisions about, among other things, the independence of the contracting parties, the termination of the agreement, and the ability of either party to assign the agreement. 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend an Interest -Free Loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. MEETING DATE: January24, 2012 ■ Background: In February of 2011, the City Council approved an interest-free loan in the amount of $75,000 to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. ("Rescue Squad"). The loan required five annual payments of $15,000, commencing on February 1, 2012. The loan was used to purchase a new ambulance. Unfortunately, the ambulance was damaged in an automotive accident to the point where it is no longer serviceable. The Rescue Squad and the City are pursuing various avenues of recovery including the salvage value of the ambulance, recovery from the driver, and the state uninsured motorist pool. The exact amount of this recovery is not currently known. ■ Considerations: The attached ordinance would provide for a six-month extension to the payment dates for the loan. It is the hope that these six months will allow the Rescue Squad to have definitive amounts in its efforts to be made whole after the accident. Collaterally, the Rescue Squad is pursuing various grants in the hope of assembling sufficient funding to purchase a new ambulance. ■ Public Information: Public information will be provided through the regular Council agenda process. ■ Recommendations: The Department of Emergency Medical Services recommends approval of this loan amendment. ■ Attachments: Ordinance, Amendment to the Loan Agreement Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Service City Manage . S , 1 AN ORDINANCE TO AMEND AN INTEREST-FREE LOAN TO 2 THE CHESAPEAKE BEACH VOLUNTEER FIRE AND 3 RESCUE DEPARTMENT, INC. 4 5 WHEREAS, the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. 6 ("Rescue Squad") entered into a loan agreement ("Loan Agreement") with the City of 7 Virginia Beach and provided a promissory note ("Note") on or about February 22, 2011 for 8 the payment of an interest-free loan of $75,000 to purchase a pre -owned replacement 9 ambulance; and 10 11 WHEREAS, the ambulance has been damaged such that it is no longer serviceable; 12 and 13 14 WHEREAS, the Rescue Squad has requested an extension of the payment 15 schedule for six -months to allow it to make arrangements for salvage and other forms 16 recovery related to the damage. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 The City Manager is hereby authorized to execute an amendment to the Loan 22 Agreement, which is attached hereto and extends the payment schedule provided by the 23 Note, to allow the Rescue Squad additional time to pursue recovery and alternative means 24 of funding. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 27 , 2012. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO CONTENT: 0i�i9. � �, Emergency Medical Se es CA12113 R-1 January 13, 2012 APPROVED AS TO LEGAL SUFFICIENCY: AMENDMENT ONE to Agreement Between the City of Virginia Beach and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. THIS AMENDMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. ("RESCUE SQUAD"), to amend the AGREEMENT between the CITY and the RESCUE SQUAD entered into on or about February 22, 2011. WHEREAS, the ambulance that as the subject of the previous AGREEMENT has been damaged such that it is no longer serviceable (the "OCCURRENCE"); and WHEREAS, the RESCUE SQUAD believes the OCCURRENCE is an extenuating circumstance as described in the AGREEMENT; and WHEREAS, the RESCUE SQUAD requests the CITY agree to provide a stay of the payment schedule for a minimum of six months to allow the RESCUE SQUAD to make arrangements for salvage and other actions — legal and otherwise — related to the OCCURRENCE; and WHEREAS, the CITY does not object to the stay of the payment schedule for six months. WITNESSETH NOW, THEREFORE, the RESCUE SQUAD and the CITY to agree to amend the AGREEMENT as follows: 1. The payment schedule provided for in the AGREEMENT shall be stayed for a period of six months, with the first payment being August 1, 2012, and all subsequent payments shall be on August 1 of the relevant year; and 2. The six month stay provided in Paragraph 1, supra, shall apply to the Promissory Note given by the Rescue Squad; and 3. All other covenants and promises shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT ONE on the day and year first above written. ATTEST: City Clerk APPROVED AS TO CONTENT: Virginia Beach EMS Virginia Beach Finance Virginia Beach Management Services CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC. Title: 2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Commonwealth Transportation Board Provide Economic Development Access Program Funding for the Extension of Progress Lane and to Authorize the City Manager to Enter into Any Necessary Agreements Related Thereto MEETING DATE: January 24, 2011 ■ Background: IMS:GEAR, Inc., a German -based manufacturer of gear assemblies for automotive seats, has selected Virginia Beach as the location of a $35.5 million expansion of their manufacturing operations. The construction of a new building for the expansion necessitates the extension of Progress Lane, a public street, by approximately 840 feet at an estimated cost $500,000. The Progress Lane extension will serve the new facility for IMS:GEAR as well as open up an additional 33 acres of land for future industrial development. The Commonwealth of Virginia Economic Development Access Fund Program was established to help communities in the Commonwealth with the costs of infrastructure improvements necessary for significant economic development projects. The program can provide up to $650,000 in reimbursements for approved projects, and requires a community to formally request a grant from the Commonwealth Transportation Board. ■ Considerations: Approval of the attached resolution will allow staff to request the Commonwealth Transportation Board provide Economic Development Access funding for this project. This request does not expressly require the City to encumber public funds at this time. However, certain expenses in such a road project are not eligible for funding from the state including environmental analyses, mitigation, and fee simple right of way and utility relocations or adjustments. Should the City be required to pay for such items and funding is not otherwise provided in the City Capital or Operating Budget, the requesting department may return to City Council requesting such funding. ■ Public Information: Public information will be provided by the regular Council agenda process. ■ Recommendations: Approve the attached resolution. ■ Attachments: Resolution, Maps (2) Recommended Action: Approval Submitting Department/Agency: City Manage • 1 ,"'�N ", Economic Development;4�41� 1 A RESOLUTION REQUESTING THE 2 COMMONWEALTH TRANSPORTATION BOARD 3 PROVIDE ECONOMIC DEVELOPMENT 4 ACCESS PROGRAM FUNDING FOR THE 5 EXTENSION OF PROGRESS LANE AND TO 6 AUTHORIZE THE CITY MANAGER TO ENTER 7 INTO ANY NECESSARY AGREEMENTS 8 RELATED THERETO 9 10 WHEREAS, the City of Virginia Beach (the "City") desires to continue to develop 11 property for the purpose of economic development within Phases V and VI of the 12 London Bridge Industrial Park located off of Progress Lane in the City; and 13 14 WHEREAS, IMS Gear Holding, Inc. has entered into a long term lease 15 agreement with Oceana Development, LLC to develop the property and construct the 16 necessary facilities in the City for the purpose of manufacturing gear assemblies used in 17 automatic automotive seats; and 18 19 WHEREAS, this new facility is expected to involve new private capital investment 20 in land, building, and equipment of approximately $35 million and IMS Gear Virginia, 21 Inc. is expected to employ sixty to eighty (60-80) persons at this facility; and 22 23 WHEREAS, operations are expected to begin at this new facility on or about 24 August 31, 2012; and 25 26 WHEREAS, the subject property has no access to a public street or highway and 27 will require Progress Lane to be extended; and 28 29 WHEREAS, the City of Virginia Beach hereby provides that the necessary 30 environmental analysis, mitigation, fee simple right of way and utility relocations or 31 adjustments, if necessary, for this project, will be provided at no cost to the Economic 32 Development, Airport and Rail Access Fund; and 33 34 WHEREAS, the City of Virginia Beach acknowledges that no land disturbance 35 activities may occur within the limits of the proposed access project prior to appropriate 36 notification from the Department of Transportation; and 37 38 WHEREAS, the City of Virginia Beach hereby guarantees that all ineligible 39 project costs and all costs not justified by eligible capital outlay will be provided from 40 sources other than those administered by the Virginia Department of Transportation. 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. That the City of Virginia Beach hereby requests that the Commonwealth 46 Transportation Board provide Economic Development Access Program funding to 47 provide an adequate road to this property; and 48 49 2. That the City of Virginia Beach City Council hereby agrees that the new 50 segment of Progress Lane roadway so constructed will be added to and become a part 51 of the City of Virginia Beach's road system; and 52 53 3. That the City Manager is hereby authorized to execute on behalf of the 54 City of Virginia Beach any necessary project agreements related to paragraphs 1 and 2, 55 supra. 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: Economic Development City Attorney's Office CA12103 R-2 January 13, 2012 Vo, -r--b 4w ---T- Aveng.e-E)r Qua - — j� r" j AL 11 ., Goggle Goode t Eyedlt 70641t R tai CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance To Authorize Temporary Encroachments To Construct And Maintain A Dune Toe Protection Wall (Proposed Bulkhead) And To Construct And Maintain Existing And Proposed Encroachments Into A Portion Of City Property Known As Ocean View Avenue Located At The Rear Of 5008, 5014, 5016, 5022, 5026, 5030, 5032, 5036 And 5038 Lauderdale Avenue MEETING DATE: January 24, 2012 E Background: On August 26, 2011, the City Manager issued a declaration of a local emergency due to the imminent threat of damage posed by Hurricane Irene ("Emergency Declaration"). The properties located at 5008, 5014, 5016, 5022, 5026, 5030, 5032, 5036 and 5038 Lauderdale Avenue (the "Properties") sustained substantial damage as a result of Hurricane Irene, and the property owners wish to repair, restore and secure their properties as soon as possible so as not to incur further damage. The property owners have requested various encroachments as outlined in each individual encroachment agreement. These encroachments include constructing and maintaining proposed bulkheads, and to construct and maintain existing and proposed encroachments (anchor piles, landing platforms, beach access replacement stairs, decks and timber walkways). ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of the dune toe protection wall (bulkhead) and related existing and proposed encroachments, subject to certain conditions outlined in the individual Agreements. The property owners must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement, or proposed encroachment (anchor piles, landing platforms, stairs, decks and walkways) not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. The Emergency Declaration exempts proposed bulkheads from requiring approval from the Virginia Beach Wetlands Board. ■ 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 each Agreement. ■ Attachments: Nine (9) Ordinances, Agreements, Exhibits and Location Maps; Pictures Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate �� P-0 City Manager: S h IN d. 4" L� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5008 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNERS ROGER T. AND 11 ELIZABETH K. GREGORY, TRUSTEES 12 OF THE ROGER T. AND ELIZABETH 13 K. GREGORY REVOCABLE LIVING 14 TRUST 15 16 WHEREAS, Roger T. and Elizabeth K. Gregory, Trustees of the Roger T. and 17 Elizabeth K. Gregory Revocable Living Trust, desire to construct and maintain a 18 proposed bulkhead (35LF), anchor piles (6'0.C.) and a return wall on a portion of public 19 right-of-way known as Ocean View Avenue (Chesapeake Beach), located at the rear of 2o 5008 Lauderdale Avenue, Virginia Beach, 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 24 public rights-of-way subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Roger T. and Elizabeth K. 3o Gregory Trustees of the Roger T. and Elizabeth K. Gregory Revocable Living Trust, (the 31 "Trust") assigns and successors in title are authorized to maintain existing temporary 32 encroachments for a proposed bulkhead (35LF), anchor piles (6' O.C.) and a return wall 33 on a portion of City property as shown on the map marked Exhibit "A" and entitled: 34 "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40' — 0" FOR THE ROGER T. AND 35 ELIZABETH K. GREGORY REVOCABLE LIVING TRUST 5008 LAUDERDALE AVE 36 VIRGINIA BEACH, VA 23455," a copy of which is on file in the Department of Public 37 Works and to which reference is made for a more particular description; and 38 39 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City of Virginia Beach and the Trust (the "Agreement"), which is attached hereto and 42 incorporated by reference; and 43 44 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 45 hereby authorized to execute the Agreement; and 46 47 48 49 50 51 52 53 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Roger T. Gregory and Elizabeth K. Gregory, the trustees, and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. CA -11967 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS P68LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM k6au-Q) 7n 9.c , Ct,,& CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 12th day of January, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROGER T. GREGORY AND ELIZABETH K. GREGORY, TRUSTEES OF THE ROGER T. AND ELIZABETH K. GREGORY REVOCABLE LIVING TRUST, and ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "Lots 17 and 18 in Block 19," as shown on that certain plat entitled: "CHESAPEAKE PARK Property of LYNNHAVEN REALTY CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK, VA. Scale 1 inch = 200 ft. C. F. PETRIE, C.E., NORFOLK, VA. May 1910" and "CHESAPEAKE PARK PRINCESS ANNE CO, VA. Scale 1" = 200 ft. Amended Plat made from Blueprint, with certain changes for A. M. Ward, Oct. 14th, 1919, C. F. PETRIE, C.E.," and said plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 4, at page 47 and in Map Book 6, at page 123, respectively, and being further designated, known, and described as 5008 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-5104-0000; (5008 Lauderdale Avenue) WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (35LF), anchor piles (6' O.C.) and a return wall, 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 unimproved City right -of way known as Ocean View Avenue located at the rear of 5008 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration"), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead, Anchor Piles and Return Wall only; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: 2 "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR THE ROGER T. AND ELIZABETH K. GREGORY REVOCABLE LIVING TRUST 5008 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," 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 removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 3 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 building 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 seaward extent of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 0 by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Roger T. Gregory and Elizabeth K. Gregory, Trustees of the Roger T. and Elizabeth K. Gregory Revocable Living Trust, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 9 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 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 Registration Number: My Commission Expires: C Notary Public (SEAL) The Roger T. and Elizabeth K. Gregory Revocable Living Trust By & �,t Roger T. Greg ry, Trustee By �A' '4 Elizab th K. Gregory, Trust e �TTE OFUF OF to -wit: The foregoing instrument was acknowledged before me this Z1= day of 2012, by Roger T. Gregory Trustee on behalf of Th oger T. and Elizabeth K. Gregory Revocable Living Trust. EAL) Notary Registration Number: My Commission Expires: Notary Fsublic 00 NN 69 ZI RY MIM STATE OF (gtDrICOUNTY OF �A-04, to -wit: The foregoing instrument was acknowledged before me this 12' day of 2012, by Elizabeth K. Gregory Try,%te�e on�alf of - fie Roger T. and Elizabeth K. Gregory Revocable Living Trust. Public Notary Registration Number: _-7-093i'2-Z-- My Commission Expires: ;q) Zvv�__ 7 (SE 1� N 'qr �i 0� 0 N WF-.. o:� C, , — APPROVED AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM -ot"vh DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY _ MIL - - MEAN LOW WATER (-1.57 NAVD88) p S A A E - E b / MHW- OJ.. '0 MEAN HIGH WATER (+0.98 NAVD88)55 � o o 50' SEAWARD PROPOSED ! ~~ BUFFER BULKHEAD w W J J ooaa (35LF) E 13 3 LIMITS OF � 7:--- ♦ OO j 50' LANDWARD DISTURBANCE -�-- =— - --- `�— BUFFER TOE OF SAND PILES PLACED -� BY CITY OF VIRGINIA BEACH,OCEAN--VIEWAVE 70' R/W - MB 6 PG 123 �fY�•, wwnwnnrw 29 SEPTEMBER, 2011 j -, _. I � � 20' _........... SILT FENCE - EXIST TOE OF SLOPE 10' LIMITS OF FILL-.-.--.- (ELEV.= 12.0) PROPOSED PL GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET ANCHOR PILES O 6' O.C. S 64'09'15" E o 1n 50.00' I I — jl ( o I , 5008 <•1NGRE3S { L - EGRESS ESMT —i CD Ym. 1 5016 u , -------------- - i o i 0 0 3 O Lo N L0 J O Z O o 0 O N E� N Ul I � I iji{ i r7 cV 1 0 0 0 0 r r L Z Z S 64'09'15" E a a i 50.00' 0 0 J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 - - RETURN _ WALL 64'0�''l 5" E 50.00:.,- 14'1 CONNECT PROPOSED BULKHEAD TO EXIST. CMU WALL C SEE DETAIL EXISTING CMU WALL Ln -c cr ------------ N `A L F w N � \-100 VARIABLE WIDTH BUFFER q c L Lo �1 O i I I � 0 r 1 z� 0 LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) 50' RIW - MB 6 PG 123 S'64'09'15" E ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR THE ROGER T. AND ELIZABETH K. GREGORY REVOCABLE LIVING TRUST 5008 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 2 PROPERTY LINE 3" — — PROPOSED CMU SERIES 750 MIN VINYL SHEET PILE WALL EXISTING CMU BLOCK WALL— L L 2' X 2" X 1/4" X 5' (GALV-) 1/2- DIA. THROUGH BOLT WITH WASHERS cl 11 [D ON 1 1/2- X 6- ANCHOR BOLT ®8" O.C. 11TH USCI JAMES W. BRAWO III > LIC. No. 024305 le.- t:_4 .� J.W. BRAWLEY, PE P.O. BOX 7035 kMSBURG, VIRGINIA 23188 TEL 757-645-6680 FILL CELLS WITH GROUT FULL HEIGHT AT CORNER ENCROACHMENT EXHIBIT "A" BULKHEAD CONNECTION TO CMU WALL DETAIL SCALE: N.T.S. FOR THE ROGER T. AND ELIZABETH K. GREGORY REVOCABLE LIVING TRUST 5008 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE- VIRGINIA DATUM: NAV88 DATE: 10/28/2011 SHEET NO. 2 OF 2 I o.............. M 0 u� 40 v O� 4� JO v x LU +. w 0 W:) Z O C; a a0Q��uj >LL, LLJo Z w Q zF-wt��Q� Ow0OYJ�o o Q2�HJW� U(,)Ww000 a L 0-J w � O w N LL m a L v 'G Y_ Q N o m � a 'a y O o °- a` � o a o a La o.............. M 0 u� 40 v O� 4� JO v x LU +. w 0 W:) Z O C; a a0Q��uj >LL, LLJo Z w Q zF-wt��Q� Ow0OYJ�o o Q2�HJW� U(,)Ww000 a O O Qa V Q a. N a 0-J w UOJ>00 zLLwwo o g w N LL ti a o.............. M 0 u� 40 v O� 4� JO v 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5014 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNERS KELSEY S. 11 STEWART AND L. JEAN STEWART 12 13 WHEREAS, Kelsey S. Stewart and L. Jean Stewart desire to construct and 14 maintain a proposed bulkhead (37.5LF), anchor piles (6' O.C.), and maintain an existing 15 walkway and stairs for beach access on a portion of public right-of-way known as 16 Ocean View Avenue (Chesapeake Beach), located at the rear of 5014 Lauderdale 17 Avenue, Virginia Beach, Virginia; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 public rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Kelsey S. Stewart and L. 27 Jean Stewart, their heirs, assigns and successors in title are authorized to maintain 28 existing temporary encroachments for a proposed bulkhead (37.5LF), anchor piles (6' 29 O.C.), and maintain an existing walkway and stairs for beach access on a portion of City 30 property as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT 31 EXHIBIT "A" SCALE: 1" = 40' — 0" FOR KELSEY & JEAN STEWART 5014 32 LAUDERDALE AVENUE VIRGINIA BEACH, VA 23455," a copy of which is on file in the 33 Department of Public Works and to which reference is made for a more particular 34 description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Kelsey S. Stewart and L. Jean Stewart (the "Agreement"), 39 which is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as Kelsey S. Stewart and L. Jean Stewart, and the City Manager or his authorized 46 designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 of , 2012. CA -11968 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS AUbLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM day &N4�Aa�� CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 13th day of January, 2012, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and KELSEY S. STEWART and L. JEAN STEWART, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot B in Block 19," as shown on that certain plat entitled: "RESUBDIVISION OF LOT 14, 15, 16, 25, 26 and 27 BLOCK 19 CHESAPEAKE PARK, M. B. 6 P. 123 BAYSIDE BOROUGH VIRGINIA BEACH, VA., SCALE 1" = 20', 22 OCTOBER 1985, prepared by Gallup Surveyors & Engineers, Ltd." and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2503, at page 290, and being further designated, known, and described as 5014 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (37.5LF) and anchor piles (6' O.C.), and maintain an existing walkway and stairs, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-4162-0000; (5014 Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5014 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR KELSEY & JEAN STEWART 5014 LAUDERDALE AVENUE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement, or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 n by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Kelsey S. Stewart and L. Jean Stewart, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 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 Registration Number: My Commission Expires: 2 Notary Public (SEAL) By Kelsey'6. St rt, Owner By Jean to art, Ow er �j r STAT:�O-Wit: F CITY/ The foregoi in trument was acknowledged before me this L3 day of 2012, by Kelsey S. Stewart. i Notary Registration Number: My Commission Expires: Notary public JUDY REED NOTARY PUBLIC �, R7STION # 193209 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEAL) STATE O n, CITY/091lLITY F The g g ' strument was acknowledged before me this day of 2012, by L. Jean Stewz Notary Registration Number: My Commission Expires: NorARr REED l REGISTRATION # 193209 COMMONWEALTH OF VIRGINIA 7 MY COMMISSION EXPIRES JUNE 30, 2013 (SEAL) APPROVED AS TO CONTENTS c Ovsc� SIGNATURE b) al �Gt^ DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM djhjA)� 6?4!�/ DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY -----MLW MEAN LOW WATER (-1.57 NAVD88) C H E APE_AK S , r b MHW- CJ MEAN HIGH WATER (+0.9B NAVD88) ~ e �,r PROPOSED I -,O° 'EXISTING WALKWAY 50' SEAWARD BULKHEAD W W J J I -AND STAIRS l BUFFER (37.5LF) LIMITS OF DISTURBANCE TOE OF SAND PILES PLACED BY CITY OF VIRGINIA BEACH, SURVEYED - —_ 29 SEPTEMBER, 2011 SILT FENCE'' - 30' EXIST TOE OF SLOPE LIMITS OF FILL 10'= (ELEV.= 12.0) CONTRACTOR TO REPAIR WALKWAY AFTER CONSTRUCTING TOE WALL ECReW.> il 5016 I w n - 0 I � CA GRAPHIC SCALE z 0 20 40 80 i 1 INCH = 40 FEET ! U S 64'09'15" E 37.50 JAMES W. BRAWYf Fil LIC, No, 024305 N �t 9 50' LANDWARD BUFFER OCEAN VIEW 70' R/W MB 6 P 123 CONTRACTOR TO AVOID DAMAGE TO LIVE OAK TREE T 3 64'09'15" E - - - 37.50' PL 0 0 0 0 0 0 0 - r N J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 to N O I I 0 r- tn z a 0 3 u7 0 ;n N m PROPOSED '-- ANCHOR PILES 0 6' O.C. i 5od8 10 j I IF - 100' VARIABLE WIDTH BUFFER ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR KELSEY & JEAN STEWART 5014 LAUDERDALE AVE VIRGINIA BEACH, VA 2345: LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) 50' R/W - MB 6 PG 123 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5016 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNER CHARLES O. 11 STAINBACK 12 13 WHEREAS, Charles O. Stainback desires to construct and maintain a proposed 14 bulkhead (37.5LF), and anchor piles (6' O.C.) on a portion of public right-of-way known 15 as Ocean View Avenue (Chesapeake Beach), located at the rear of 5016 Lauderdale 16 Avenue, Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 public rights-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charles O. Stainback, his 26 heirs, assigns and successors in title are authorized to maintain existing temporary 27 encroachments for a proposed bulkhead (37.5LF), and anchor piles (6' O.C.) on a 28 portion of City property as shown on the map marked Exhibit "A" and entitled: 29 "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR CHARLES O. STAINBACK 30 & JOAN P. STAINBACK 5016 LAUDERDALE AVE VIRGINIA BEACH, VA 23455," a 31 copy of which is on file in the Department of Public Works and to which reference is 32 made for a more particular description; and 33 34 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Charles O. Stainback (the "Agreement"), which is attached 37 hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 4o hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 43 time as Charles O. Stainback and the City Manager or his authorized designee execute 44 the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of , 2012. CA -11969 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS PLWLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 17th day of January, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES O. STAINBACK, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. JOAN P. STAINBACK having departed this life on January 31, 2011, the property referred to herein vested in CHARLES O. STAINBACK, as survivor of the tenancy by the entirety with rights of survivorship as at common law. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot A in Block 19," as shown on that certain plat entitled: "RESUBDIVISION OF LOT 14, 15, 16, 25, 26, and 27 BLOCK 19 CHESAPEAKE PARK M. B. 6 P. 123 BAYSIDE BOROUGH VIRGINIA BEACH, VA. SCALE: 1" = 20' 22 OCTOBER 1985, prepared by Gallup Surveyors & Engineers, Ltd.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2503, at page 290, and being further designated, known, and described as 5016 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); GPIN'S: (UNIMPROVED CITY RIGHT OF WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-4124-0000; (5016 Lauderdale Avenue) WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (37.5LF), and anchor piles (6' O.C.), 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 unimproved City right -of way known as Ocean View Avenue located at the rear of 5016 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration"), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: 0) "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR CHARLES O. STAINBACK & JOAN P. STAINBACK 5016 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," 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 removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 3 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 building 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 seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 12 by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Charles O. Stainback, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 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 Registration Number: My Commission Expires: m Notary Public (SEAL) By W harles O. Stain ack, Owner STATE OF 11A �. CITY/COUNTY _ to -wit: The foregoing instrument was acknowledged before me this 17 day of 2012, by Charles O. Stainback. I_ari T. Klinefelter Notary Registration Number: NOTARY PUBLIC cornmanwaaan ot vu ginia r?sg.# 7176174 My Commission Expires: tAv cram -fission UOit63 6/3G/201 APPROVED AS TO CONTENTS S14NATURE DEPARTMENT 7 \r ---------- c - r, y u to �� APPROVED AS TO LEGAL SUFFICIENCY AND FORM DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY -----------MLW- "_ Eb MEAN LOW WATER (-1.57 NAVD88) -- wLw___ C MHW- A P E - C N E S— MEAN HIGH WATER (+0.98 NAVD88)--- mHw—�- v 3333 50' SEAWARD BUFFER POOR WW-fJ OO -f< 50' LANDWARD BUFFER LIMITS OF DISTURBANCE OCEAN VIEW AVE ! ` TOE OF SAND PILES PLACED 30' 76 R/W _ MB 6 PG 123 !. BY CITY OF VIRGINIA BEACH, — — _ 29RSEPTEDMBER, 2011 SILT FENCE —__—;V r �>� --- PROPOSED EXIST TOE OF SLOPE �^ _ — _ II S 64'09'15"I E ANCHOR PILES 1 10' I p 6' O.C. - 50.00' 37.50' PROPOSED LIMITS OF FILL BULKHEAD (ELEV.= 12.0) Lot X Lot l4 (37.5LF) un d - O '� N I I I I . 0 0 z z 5016 5022 --- _—_--- — ---- 100' VARIABLE WIDTH BUFFER w 0 d in o g to 0 00 in 0 C5 C4 N- U) 0 Lot V)Lot Y GRAPHIC SCALE N z 0 20 40 80 � CO o � I I � , 1 INCH = 40 FEET o � r T) NA, Off' � zLAUDERDALE AVENUE (FORMERLY LAKE AVENUE) 50.00' 37.501' 50' R/W - MB 6 PG 123 JAES V. BU � �� � S 64'09'15" E LIC. Na. 0243:5 ENCROACHMENT EXHIBIT "A" IN: VIRGINIA BEACH - J.W. BRAWLEY, PE SCALE: 1" = 40'-0" AT: P.O. BOX 7035 FOR CITY: VIRGINIA BEACH WILLIAMSBURG, VIRGINIA 23188 CHARLES 0. STAINBACK & STATE: VIRGINIA TEL. 757-645-6680 JOAN P. STAINBACK DATUM: NAVD88DATE: 12/14/2011 5016 LAUDERDALE AVE ,In -11 A or Arlu vA 7'{d5S SHEET NO. 1 OF 1 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5022 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNER ELIZABETH 11 STUART SCHULLER, SUCCESSOR 12 TRUSTEE OF THE JOAN P. 13 STAINBACK FAMILY TRUST, 14 ESTABLISHED ON JANUARY 31, 2011 15 16 WHEREAS, Elizabeth Stuart Schuller, Successor Trustee of the Joan P. 17 Stainback Family Trust, established on January 31, 2011, desires to construct and 18 maintain a proposed bulkhead (50LF), and anchor piles (6' O.C.) on a portion of public 19 right-of-way known as Ocean View Avenue (Chesapeake Beach), located at the rear of 20 5022 Lauderdale Avenue, Virginia Beach, 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 24 public rights-of-way subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Elizabeth Stuart Schuller, 30 Successor Trustee of the Joan P. Stainback Family Trust, established on January 31, 31 2011, (the "Trust"), its assigns and successors in title are authorized to maintain 32 existing temporary encroachments for a proposed bulkhead (501-17), and anchor piles (6' 33 O.C.) on a portion of City property as shown on the map marked Exhibit "A" and 34 entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40' — 0" FOR JOAN P. 35 STAINBACK FAMILY TRUST 5022 LAUDERDALE AVE VIRGINIA BEACH, VA 23455," 36 a copy of which is on file in the Department of Public Works and to which reference is 37 made for a more particular description; and 38 39 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 40 subject to those terms, conditions and criteria contained in the Agreement between the 41 City of Virginia Beach and the Trust (the "Agreement"), which is attached hereto and 42 incorporated by reference; and 43 44 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 45 hereby authorized to execute the Agreement; and 46 47 48 49 50 51 52 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Elizabeth Stuart Schuller, Successor Trustee, and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12012. CA -11970 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS �1;- C . c P LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 17th day of January, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ELIZABETH STUART SCHULLER, Successor Trustee of the Joan P. Stainback Family Trust, established on January 31, 2011, and ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot X in Block 19," as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY LOTS 12, 13, 28 & 29 BLOCK 19 CHESAPEAKE PARK M.B. 6 P. 123, BAYSIDE BOROUGH VIRGINIA BEACH, VA. SCALE: 1" = 20' 30 AUGUST 1988, prepared by Gallup Surveyors & Engineers, Ltd.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2785, at page 1365, and being further designated, known, and described as 5022 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (501-F), and anchor piles (6' O.C.), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-3175-0000; (5022 Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5022 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR JOAN P. STAINBACK FAMILY TRUST 5022 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. F) Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 0 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Elizabeth Stuart Schuller, Successor Trustee of the Joan P. Stainback Family Trust, established on January 31, 2011, the said Grantee, has caused this Agreement to be executed by her signature pursuant to due authority. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 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 Registration Number: My Commission Expires: 0 Notary Public (SEAL) B g _ �&) �c �7- 7� �� S. J4 Elizabeth Stuart Schuller, Successor Trustee of the Joan P. Stainback Family Trust, established on January 31, 2011 STATE OF CITY/COUNTY OlP , to -wit: The foregoing instrument was acknowledged before me this day of 2012, by Elizabeth Stuart Schuller, Successor Trustee of the Joan 9 13: l(;7 6 Stainback Family Trust, established on January 31, 2011. sti 07/''jr `t ...........fr Notary Public� Lod T. Klinefelter Notary Registration Number: NOIARY Pu®I.IC commonwealth of Virginia My Commission Expires: Reg. # 7176179My Gernmitilon ftpi, u. 0 , APPROVED AS TO CONTENTS �bmtiy C . SI NATURE PLO Kz DEPARTMENT 7 APPROVED AS TO LEGAL SUFFICIENCY AND FORM Q.� DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY __----------- MLW -1 .----_------------ MEAN LOW WATER (-1.57 NAVD88) K E MHW- E S A '- P.EA C H� _ MEAN HIGH WATER (+0.98 NAVDB8)_- �y,� 333= �-50' SEAWARD 2��� BUFFER 0,0000 o PROPOSED W W < oaa _......._... ��33 X50' LANDWARD TOE OF SAND PILES PLACED BY CITY OF VIRGINIA BEACH, SURVEYED 29 SEPTEMBER, 2011 =' EXIST TOE OF SLOPE GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET JA ES W, BIRAW' II LIG. iso- 024305 4 V d G J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 S 64'09-1b L W ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR JOAN P. STAINBACK FAMILY TRUST 5022 LAUDERDALE AVE VIRGINIA BEACH VA 23455 100' VARIABLE WIDTH BUFFER LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) 50' R/W - MB 6 PG 123 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 cn z ti 1 w j WJ= ti 00 - Z =AWL G. 0 Q > P- wLLQT- �MYwM F-UJM OWm�O LO Q 2 W T- Y O Q(1) 5 z N m J a a J U Q U Z N O oa LUOFi a O LL J i v T LO ul M s/ =V) M o_ me , ` L / as o i I`JV%i l a o o U 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5026 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNER ANDREW M. 11 FISCHER 12 13 WHEREAS, Andrew M. Fischer, desires to construct and maintain a proposed 14 bulkhead (50LF), anchor piles (6' O.C.), beach access stairs (4' X 13'), landing platform 15 (5' X 10'), and a timber walkway (4' X 10') for beach access, and maintain an existing 16 deck on a portion of public right-of-way known as Ocean View Avenue (Chesapeake 17 Beach), located at the rear of 5026 Lauderdale Avenue, Virginia Beach, Virginia; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 public rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Andrew M. Fischer, his heirs, 27 assigns and successors in title are authorized to maintain existing temporary 28 encroachments for a proposed bulkhead (50LF), anchor piles (6' O.C.), beach access 29 stairs (4' X 13'), landing platform (5' X 10'), and a timber walkway (4' X 10') for beach 3o access, and maintain an existing deck on a portion of City property as shown on the 31 map marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40' 32 — 0" FOR ANDREW M. FISCHER 5026 LAUDERDALE AVE VIRGINIA BEACH, VA 33 23455," a copy of which is on file in the Department of Public Works and to which 34 reference is made for a more particular description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Andrew M. Fischer (the "Agreement"), which is attached 39 hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as Andrew M. Fischer and the City Manager or his authorized designee execute 46 the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 49 of , 2012. CA -11972 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS �- i ci' •� 1c� PUdLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM dt&MJ)79 azt CITY ATTORNEY Ll WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5026 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR ANDREW M. FISCHER 5026 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") 3 It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement, or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 n by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Andrew M. Fischer, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 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 Registration Number: My Commission Expires: Z Notary Public (SEAL) By Andrew M. Fischer, Owner STATE OF Viroinicx CITY/COUNTY O , to -wit: The foregoing instrument was acknowledged before me this—�-hday of 2012, by Andrew M. Fischer. Al" I AL) o ary Public Notary Registration Number: CbmnMgion W. My Commission Expires: 1 Obi fou APPROVED AS TO CONTENTS �'_ "It 0-aa,"S6, SIMATURE P10 �"Cc_d* FLrvl'L DEPARTMENT 7 APPROVED AS TO LEGAL SUFFICIENCY AND FORM a&uj Iff/ DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY LIMITS 0 DISTURBANCE TOE OF SAND PILES PLACED - — - BY CITY OF VIRGINIA BEACH OCEAN VIEW AVE 70' R/W - MB 6 PG 123 - EXISTING DECK PROPOSED STAIRS (4'X13') PROPOSED PLATFORM (5' X 10') SILT FENCE PROPOSED WALKWAY (4'X10') --- N 3, 503, 246.75 I ''.------------"'""""--Ebbe I MEAN LOW WATER (-1.57 NAVD88) __� ---- -_----------- ww_--�-' 0 1 CHESA PEA KE BA -Y, O 6' O.C. S 64'09'15" E MEAN HIGH WATER (+0.98 NAVD88) 00 50.00' M 50' SEAWARD 3=3= BUFFER PROPOSED BULKHEAD R 0 0 (5� 0p3; N 3$03,250.35 O 50' LANDWARD BUFFER E 12,174,359.72 N o Z j LIMITS 0 DISTURBANCE TOE OF SAND PILES PLACED - — - BY CITY OF VIRGINIA BEACH OCEAN VIEW AVE 70' R/W - MB 6 PG 123 - EXISTING DECK PROPOSED STAIRS (4'X13') PROPOSED PLATFORM (5' X 10') SILT FENCE PROPOSED WALKWAY (4'X10') --- N 3, 503, 246.75 I I PROPOSED E 12,174,357.97_ ANCHOR PILES O 6' O.C. S 64'09'15" E 00 50.00' M 5026 Z 5 VARIABLE o o WIDTH BUFFER o on Lo oN ..... '.. Z O O N GRAPHIC SCALE __ __._ Ln V, 0 20 40 80 z a 5024 1 INCH = 40 FEET � TH ` `�` i} JkMB i'1', BMW III LIv: t~tia. 0�2A,05 r "-� t L I slk - J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 50.00' S 64'09'15" E ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR ANDREW M. FISCHER 5026 LAUDERDALE AVE VIRGINIA BEACH, VA 234: LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) 50' R/W - MB 6 PG 123 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 LL Z . v x N _ o2 VW a d aCi >M Lij rz W M Q H J M 0 Z 0 Lu C> 0 LO ur Q = W a U U C, Z Oz Lo OaJC7 N w Z LL a W N LL g IL T 4) CL O a Q: a V J i 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5030 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNERS GEORGE E. 11 GONZALEZ AND JANET GONZALEZ 12 13 WHEREAS, George E. Gonzalez and Janet Gonzalez, desire to construct and 14 maintain a proposed bulkhead (75LF), anchor piles (6' O.C.), replacement stairs (4' X 15 13'), a replacement deck (34'X 15'), and maintain an existing deck for beach access on 16 a portion of public right-of-way known as Ocean View Avenue (Chesapeake Beach), 17 located at the rear of 5030 Lauderdale Avenue, Virginia Beach, Virginia; and 1s 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 public rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, George E. Gonzalez and 27 Janet Gonzalez, their heirs, assigns and successors in title are authorized to maintain 28 existing temporary encroachments for a proposed bulkhead (75LF), anchor piles (6' 29 O.C.), replacement stairs (4' X 13'), a replacement deck (34' X 15), and maintain an 30 existing deck for beach access on a portion of City property as shown on the map 31 marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" 32 FOR GEORGE & JANET GONZALEZ 5030 LAUDERDALE AVE VIRGINIA BEACH, VA 33 23455," a copy of which is on file in the Department of Public Works and to which 34 reference is made for a more particular description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and George E. Gonzalez and Janet Gonzalez (the "Agreement"), 39 which is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as George E. Gonzalez and Janet Gonzalez and the City Manager or his 46 authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 of , 2012. CA -11973 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS PLQJIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY day PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 13th day of Janua , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GEORGE E. GONZALEZ and JANET GONZALEZ, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "Lots 7, 8, 9 and the eastern 25 ft. of Lot 34 in Block 19," as shown on that certain plat entitled: " CHESAPEAKE PARK Property of LYNNHAVEN REALTY CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK, VA. Scale 1 inch = 200 ft. C. F. PETRIE, C.E., NORFOLK, VA. May 1910" and "CHESAPEAKE PARK PRINCESS ANNE CO, VA. Scale 1" = 200 ft. Amended Plat made from Blueprint, with certain changes for A. M. Ward, Oct. 14th, 1919, C. F. PETRIE, C.E.," and said plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 4, at page 47 and in Map Book 6, at page 123, respectively, and being further designated, known, and described as 5030 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-2281-0000; (5030 Lauderdale Avenue) WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (75LF), anchor piles (6' O.C.), replacement stairs (4' X 13'), a replacement deck (34' X 15), and maintain an existing deck, 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 unimproved City right -of way known as Ocean View Avenue located at the rear of 5030 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: 2 A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR GEORGE & JANET GONZALEZ 5030 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," 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 removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 3 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 building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement, or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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. 11 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, George E. Gonzalez and Janet Gonzalez, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 CITY OF VIRGINIA BEACH Bv (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 Registration Number: My Commission Expires: on Notary Public (SEAL) By George . Gonzalez, O er By Janet24n�zalez����� Owner r STATE OF CITY/COUNTYOl c L�, to -wit: The foregoing instrument was acknowledged before me this 13 day of 2012, by George E. Gonzalez. Notary Registration Number: My Commission Expires: STATE OF_. �� CITY/COUNTY _ c �A_ , to -wit: C jt3c kA (SEAL) otary Public 0SUELLEN SKOCKI Notary Public Commonwealth of Virginia Reg. #131378 f My Commission Exps. Aug. 31, 2012 The foregoing instrument was acknowledged before me this /,3 day of 2012, by Janet Gonzalez. U L�j SEAL) Notary Public Notary Registration Number: My Commission Expires: VA SUELLEN SKOCKI ' Notary Public Commonwealth of Virginia Reg. #131378 _ My Commission Exps. Aug, 31, 2012 APPROVED AS TO CONTENTS C rY� SICAIATURE plo K Al ccIMI-E DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM �v DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY MEAN LOW WATER (-1.57 NAVD88) -'----"'�-- -- 3 - - u CHESAPEAKE 75.00' BA Y - E p ood MEAN HIGH WATER (+0.98 NAVD88) — — — — N V) Lo �o to �M -- n 50' SEAWARD -�-Yi�tSPOSED, _ BUFFER 3 3 3 z ,,REPLACEMENT' 4'X137 STAIRS- � lx 0 0 0 .o _ PROPOSED - .. BULKHEAD N 3,503,296.13 Lu o I I (7� O9 E 12,174,308.45 3 'o - LIMITS OF �0- DISTURBANCE TOE OF SAND PILES PLACED BY CITY OF VIRGINIA BEACH, =• ■ SURVEYED 29 SEPTEMBER, 2011 EXIST TOE OF SLOPE LIMITS OF FILL (ELEV.= 12.0) PROPOSED ANCHOR PILES O w O.C. GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET o JAMES int. BRAfff III LIC, Na. 024305 Ott-�1 "to `�ts1a� X174 98.06 3 S 64'09'15" E u 75.00' N N N V) Lo �o to �M U -) n — — — — — 50' LANDWARD OCEAN VIEW AVE BUFFER 70 R/W - MB 6 PG 123 -- Has 1 EXISTING' DECK X5030 S8 N b9. 41 9 44' 41 J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 22.96' S 64'09'15" E ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR GEORGE & JANET GONZALEZ 5030 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 SILT FENCE PROPOSED REPLACEMENT DECK (34'X15') 100' VARIABLE WIDTH BUFFER IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 3 O u N N N N V) M 0 z a ca J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 22.96' S 64'09'15" E ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR GEORGE & JANET GONZALEZ 5030 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 SILT FENCE PROPOSED REPLACEMENT DECK (34'X15') 100' VARIABLE WIDTH BUFFER IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5032 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNER SARAH L. 11 HOUCK 12 13 WHEREAS, Sarah L. Houck, desires to construct and maintain a proposed 14 bulkhead (25LF), anchor piles (6' O.C.), beach access replacement stairs (4'X 13'), and 15 a landing platform (5' X 10') on a portion of public right-of-way known as Ocean View 16 Avenue (Chesapeake Beach), located at the rear of 5032 Lauderdale Avenue, Virginia 17 Beach, Virginia; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 public rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Sarah L. Houck, her heirs, 27 assigns and successors in title are authorized to maintain existing temporary 28 encroachments for a proposed bulkhead (25LF), anchor piles (6' O.C.), beach access 29 replacement stairs (4' X 13'), and a landing platform (5' X 10') on a portion of City 30 property as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT 31 EXHIBIT "A" SCALE: 1" = 40' — 0" FOR SARAH HOUCK 5032 LAUDERDALE AVE 32 VIRGINIA BEACH, VA 23455," a copy of which is on file in the Department of Public 33 Works and to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Sarah L. Houck (the "Agreement"), which is attached hereto 38 and incorporated by reference; and 39 40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 41 hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 44 time as Sarah L. Houck and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day Of , 2012. CA -11974 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS PUBiIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM aA.. -k&A&lvb2 - CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 12th day of Januar , 2012, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SARAH L. HOUCK, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot A in Block 19," as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 3, 4, 5, 6 AND PART OF 34 BLOCK 19 CHESAPEAKE PARK M.B. 4 P. 47 and M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' APRIL 20, 2010, prepared by GALLUP SURVEYORS & ENGINEERS, LTD." and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument #20100915000967110, and being further designated, known, and described as 5032 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (251-F), anchor piles (6' O.C.), beach access replacement stairs (4' X 13'), and a landing platform (5'X 10'), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-1290-0000; (5032 Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5032 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR SARAH HOUCK 5032 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement, or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 0 by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Sarah L. Houck, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 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 Registration Number: My Commission Expires: _ 0 Notary Public (SEAL) Byu es.- A +u ck—" Sarah L. Houck, Owner STATE OF V 1 I CIT /COUNTY Ir IM(Z- , to -wit: The foregoing instrument was acknowledged before me this day of 2012, by Sarah L. Houck. Notary Registration Number: A I D Kal My Commission Expires: qq& ?�l APPROVED AS TO CONTENTS SiGAIATURE ptokciol Cs n DEPARTMENT VA GINNA J. BRUCE NOTARY PUBLIC Commonwealth of Virginia Reg. #4108687 My Commission Expires Mar. 31, 2015 APPROVED AS TO LEGAL SUFFICIENCY AND FORM "/ - Wt&W DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY Eb p F�°°d MEAN LOW WATER (-1.57 NAVD88) .n _ \ MLW------'-_ _ C H E S A P E A K E B A Y' MEAN HIGH WATER (+0.98 NAVD88) - 7\— _ \ MHW--�--��.� 50' SEAWARD \ __---- ___----- BUFFER N 3,503,304.66 E 12,174,247.61 �_----- N 3.503.302.48 _ E 12,174,252.11- LIMITS 2,174,25211 LIMITS OF DISTURBANCE PROPOSED REPLACEMENT O 33 50' LANDWARD \\ STAIRS (4X13') N o = M BUFFER PROPOSED PLATFORM , TOE OF SAND „NDPILkIIA S ES PLACED D OCEAN VIEW AVE TrV — ` T 70' R/W - MB 6 PG 123 / 1 __- J \ -�-SILT FENCE 3011-111 0 S 64'09'15" PROPOSED-'000l�25.00' BULKHEAD (25LF) GRAPHIC SCALE 0 20 40 80 1 INCH = 40 FEET TH JAmEs 1', may, ICI LIC, tela. 024305 S 70'50'45" W 4.24' N 64'09'15" W 37.00' 5032 O N Lo N r N O SooRMf41 q ��P'o H 3)099. pwlYfi/F f Mg e G z3J 5. 0 co J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 PROPOSED ANCHOR PILES O 6' O.C. z 0 _ FL 0 N 100' VARIABLE ----- '�'------------ -WIDTH BUFFER ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR SARAH HOUCK 5032 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 L E VJ L 2 O E a Q N O ILOO"t�', H O CL O a /IvAns FJ L x ti w1zBio U W p W= Q N a o r a 2 W r a J M a) OW2o� H�Q�LO o W � U U �n a Q :)z OQ(1)J(a7 N o 0 N U LL LL a M Z O W ui LL g a a 0 L U J n X 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5036 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNERS LORRAINE 11 WINCOR, EDWARD REICHBACH AND 12 ROBERT RAYLOVE 13 14 WHEREAS, Lorraine Wincor, Edward Reichbach and Robert Raylove, desires to 15 construct and maintain a proposed bulkhead (75LF), and anchor piles (6' O.C.) on a 16 portion of public right-of-way known as Ocean View Avenue (Chesapeake Beach), 17 located at the rear of 5036 Lauderdale Avenue, Virginia Beach, Virginia; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 public rights-of-way subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Lorraine Wincor, Edward 27 Reichbach and Robert Raylove, their heirs, assigns and successors in title are 28 authorized to maintain existing temporary encroachments for a proposed bulkhead 29 (75LF), and anchor piles (6' O.C.) on a portion of City property as shown on the map 30 marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" 31 FOR LORRAINE WINCOR, EDWARD REICHBACH, AND ROBERT RAYLOVE 5036 32 LAUDERDALE AVE VIRGINIA BEACH, VA 23455," a copy of which is on file in the 33 Department of Public Works and to which reference is made for a more particular 34 description; and 35 36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 38 City of Virginia Beach and Lorraine Wincor, Edward Reichbach and Robert Raylove (the 39 "Agreement"), which is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as Lorraine Wincor, Edward Reichbach and Robert Raylove and the City Manager 46 or his authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 of , 2012. CA -11975 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS r PP LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM �/ .�_ - -moi lei I yff-As e - day PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 13th day of Januar , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LORRAINE WINCOR, EDWARD REICHBACH and ROBERT RAYLOVE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot B in Block 19," as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 3, 4, 5, 6 AND PART OF 34 BLOCK 19 CHESAPEAKE PARK M.B. 4 P. 47 and M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' APRIL 20, 2010 SHEET 1 OF 2, prepared by GALLUP SURVEYORS & ENGINEERS, LTD." and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument #20100915000967110, and being further designated, known, and described as 5036 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (751-F), and anchor piles (6' O.C.), collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-2217-0000; (5036 Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved City right -of way known as Ocean View Avenue located at the rear of 5036 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration'), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead and Anchor Piles only; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR LORRAINE WINCOR, EDWARD REICHBACH, AND ROBERT RAYLOVE 5036 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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 in 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. If is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineer Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 11 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Lorraine Wincor, Edward Reichbach and Robert Raylove, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2012, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: _ (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2012, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: Ce Notary Public (SEAL) By Lorraine Wincor, Owner By��� Edward Reichbach, Owner -3- B Robert Raylove�, Own6t STATE OF CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me this 12 day of 2012, by Lorraine Wincor. tary Public NOTARY MjjjP,-8TATE OF FLORIDA Notary Registration Number: FMnr.;nA 1IT—i— C-0mmission #DD846332 E My Commission Expires: xpire$-' FEB, 14, 2013 xnara co, arc. STATE OF CITY/COUNTY OF -BAORM& , to -wit: The foregoing instrument was acknowledged before me this /211day of 2012, by Edward Reichbach. f4 2)rD�'D-3 0�0 ,— 74YWAAA -0 otary Public Notary Registration Number: NOTARY PrmT,yrjg_A-W"V An My Commission Expires: 2013 7 STATE OF/ Gr CITY/COUNTY 6 -e- - , to -wit. The foregoing instrument was acknowledged before me this 2012, by RobertRaylove. --- Notary Public Notary Registration Numbe : OLEY Notary Public COMMONWEALTH OF MASSACHUSETTS My Commission Expires: M o x ,res A r1 jA 017 APPROVED AS TO CONTENTS {' N- C SI ATURE PO � �j FIEM� DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY day of EAL) rv.yss NAVD88) — — _ \ T --MHW _ — \\ 50SEAWARD BUFFER 50' ,- -WARD BUFFER O c r C EXIST TOE OF SLOPE LIMITS OF FILL — (ELEV.= 12.0) S 64'09'15" E 75.00' N 25'50'45" E rl 5036 I� GRAPHIC SCALE \ 0 20 40 80 1 INCH = 40 FEET rA' JAMES K BRAU. 1p LIC, No, 024305 ss l ��fC}idtLi_ PROPOSED BULKHEAD (75LF) SILT FENCE PROPOSED �— ANCHOR PILES - O 6' O.C. zo U N � 37.00' Z N 64'09'15" W S 70'50'45"4 0'50'45" W A 7A" ug, OF w rFOR q VF Rp So.R w�y�NUFq�F f � MB s pc 1GFJ 3 J.W. BRAWLEY, PE P.O. BOX 7035 WILLIAMSBURG, VIRGINIA 23188 TEL. 757-645-6680 ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'-0" FOR LORRAINE WINCOR, EDWARD REICHBACH, AND ROBERT RAYLOVE 5036 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 IN: VIRGINIA BEACH AT: CITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF 1 �i 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 5038 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNERS DESMOND C. 11 COOK AND PATRICIA S. COOK 12 13 WHEREAS, Desmond C. Cook and Patricia S. Cook, desire to construct and 14 maintain a proposed bulkhead (58LF), anchor piles (6' O.C.), beach access 15 replacement stairs (4'X 13'), replacement deck (32'X 16'), a landing platform (5' X 10') 16 and a return wall on a portion of public right-of-way known as Ocean View Avenue 17 (Chesapeake Beach), located at the rear of 5038 Lauderdale Avenue, Virginia Beach, 18 Virginia; and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 public rights-of-way subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Desmond C. Cook and 28 Patricia S. Cook, their heirs, assigns and successors in title are authorized to maintain 29 existing temporary encroachments for a proposed bulkhead (58LF), anchor piles (6' 30 O.C.), beach access replacement stairs (4' X 13'), replacement deck (32' X 16'), a 31 landing platform (5' X 10') and a return wall on a portion of City property as shown on 32 the map marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" _ 33 40' — 0" FOR DESMOND & PATRICIA COOK 5038 LAUDERDALE AVE VIRGINIA 34 BEACH, VA 23455" a copy of which is on file in the Department of Public Works and to 35 which reference is made for a more particular description; and 36 37 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and Desmond C. Cook and Patricia S. Cook (the "Agreement"), 40 which is attached hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 43 hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 46 time as Desmond C. Cook and Patricia S. Cook and the City Manager or his authorized 47 designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the of , 2012. CA -11977 R-1 PREPARED: 1/18/12 APPROVED AS TO CONTENTS �IIW4- 0. C*m6ra-'- P ' IC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM a& -iv fn CITY ATTORNEY day PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 12th day of January, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DESMOND C. COOK and PATRICIA S. COOK, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "Lots 1 and 2 in Block 19," as shown on that certain plat entitled: "CHESAPEAKE PARK Property of LYNNHAVEN REALTY CORPORATION 319-321 Seaboard Bank Bldg. NORFOLK, VA. Scale 1 inch = 200 ft. C. F. PETRIE, C.E., NORFOLK, VA. May 1910" and "CHESAPEAKE PARK PRINCESS ANNE CO, VA. Scale 1" = 200 ft. Amended Plat made from Blueprint, with certain changes for A. M. Ward, Oct. 14th, 1919, C. F. PETRIE, C.E.," and said plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 4, at page 47 and Map Book 6, at page 123, respectively, and being further designated, known, and described as 5038 Lauderdale Avenue, Virginia Beach, Virginia 23455 (the "Property"); GPIN'S: (UNIMPROVED CITY RIGHT-OF-WAY — KNOWN AS OCEAN VIEW AVENUE - NO GPIN REQUIRED OR ASSIGNED) 1570-43-1239-0000; (5038 Lauderdale Avenue) WHEREAS, it is proposed by the Grantee to construct and maintain a proposed bulkhead (58LF), anchor piles (6' O.C.), beach access replacement stairs (4' X 13'), replacement deck (32' X 16'), a landing platform (5' X 10') and a return wall, 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 unimproved City right -of way known as Ocean View Avenue located at the rear of 5038 Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, pursuant to the local emergency declared by the City Manager due to Hurricane Irene as confirmed by City Council Ordinance 3196N, adopted September 6, 2011 (the "Emergency Declaration"), the Property is exempted from the requirements of the Coastal Primary Sand Dune Ordinance with regard to the Proposed Bulkhead, Anchor Piles and Return Wall only; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: 2 A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT "A" SCALE: 1" = 40'— 0" FOR DESMOND & PATRICIA COOK 5038 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 DATE: 12/14/2011 SHEET NO. 1 OF 1," 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 removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 111 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 building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune Permit from the Wetlands Board for any existing, replacement, or proposed encroachment not exempted pursuant to the Emergency Declaration or otherwise allowed under Section 1602 of the City Zoning Ordinance. It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the seaward toe of the sand dune. 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. 2 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Desmond C. Cook and Patricia S. Cook, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 19 By Desmo d C. Cook, Owner Patricia S. Cook, Owner STATE OF CITY/COUNTY O V1 v iI `e A, to -wit: The foregoing instrument was acknowledged before me this Id day of 2012, by Desmond C. Cook. CECILLE S. CAMS n NOTARY PUBLIC 7082772 .J'�-� (SEAL) COMMONWEALTH OF VIRGINIA Notary Public Notary Registration Number: 76f�,2 77; - My Commission Expires: �;I 1-f T 4 STATE OF " r"p- CITY/COUNTY OF w�' °cam - ,�-er--4 , to -wit: The foregoing instrument was acknowledged before me this Tu''"```' , 2012, by Patricia S. Cook. CECILLE S. SAMS NOTARY PUBLIC 7082772 COMMONWEALTH OF VIRGINIA Notary Registration Number: rG'J-a77,Z tc� day of cc.,,.eA � °`� (SEAL) Notary Public My Commission Expires: 4 I G`f7 /l kIS 7 APPROVED AS TO CONTENTS C - cv. wf ov, SI ATURE pw 'Rai� &c;w- DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM t&hzA) yo �6� DEBRA M. BRYAN, ASSOCIATE CITY ATTORNEY MEAN LOW WA1ER NAVp88) MEAN HIGH WAR (+0.8g NA VD88)s��- TOE OF SAND PILES PLACED L' BY CITY OF VIRGINIA BEACH, /'_ SURVEYED -"" _N - — 29 SEPTEMBER, 2011 '_/ LIMITS OF DISTURBANCE EXIST BEACH ACCESS RAMP TO BE USED FOR CONSTRUCTION — ACCESS S4AH RIM=72.97 TIMBER MAT CONSTRUCTION ENTRANCE 25� EXIST TOE OF SLOPE 12' PROPOSED RETURN WALL LIMITS OF FILL— (ELEV.= 12.0) S 64'09'15" E 62.30' GRAPHIC SCALE 0 20 40 80 1 [INCH = 40 FEET O JAMES V BRAWO III . LIC. No, 024305 - J.W. BRAWLEY, PE P.O. BOX 7035 WIWAMSBURG. VIRGINIA 23188 TEL 757-645-6680 oG�Z W cp ;YN 4! 13 p rn � ss SSNH RNI=6.67 N 37'09'44" Wi 28.15' S 25'50'45" Of 12.79' 50- LANUWAKU BUFFER__ __----- REPLACEMENT STAIRS o, (4'X13') OCEAN VIEW Al SILT EClCE W MAONWA i fr XMPER 1 .4. OW OAK uvE \i(58L I X036 PILES O r O.C. - - TFOR O z (5 Ix 10 CL 100' AR ABLE WIDTH B FFEg I N 64'09'15" W �O � qM F�UFq�F e e'Oc ?GFJ ENCROACHMENT EXHIBIT me SCALE: 1' - 40'-0" FOR DESMOND do PATRICIA COOK 5038 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 503�2 I ( IN: VIRGINIA BEACH AT- CITY: TCITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF Ep bd E -SA PEA KE BA I' —MHW -----� -- \\ 50' SEAWARD = J DQE f;32IFFER =_ � � O J N 3;503,357.E4 0033 W E 1,174,158.$9 d. N M O / N 3� 503,345.44 O\ 9 1,174,152. EXIST BEACH ACCESS RAMP TO BE USED FOR CONSTRUCTION — ACCESS S4AH RIM=72.97 TIMBER MAT CONSTRUCTION ENTRANCE 25� EXIST TOE OF SLOPE 12' PROPOSED RETURN WALL LIMITS OF FILL— (ELEV.= 12.0) S 64'09'15" E 62.30' GRAPHIC SCALE 0 20 40 80 1 [INCH = 40 FEET O JAMES V BRAWO III . LIC. No, 024305 - J.W. BRAWLEY, PE P.O. BOX 7035 WIWAMSBURG. VIRGINIA 23188 TEL 757-645-6680 oG�Z W cp ;YN 4! 13 p rn � ss SSNH RNI=6.67 N 37'09'44" Wi 28.15' S 25'50'45" Of 12.79' 50- LANUWAKU BUFFER__ __----- REPLACEMENT STAIRS o, (4'X13') OCEAN VIEW Al SILT EClCE W MAONWA i fr XMPER 1 .4. OW OAK uvE \i(58L I X036 PILES O r O.C. - - TFOR O z (5 Ix 10 CL 100' AR ABLE WIDTH B FFEg I N 64'09'15" W �O � qM F�UFq�F e e'Oc ?GFJ ENCROACHMENT EXHIBIT me SCALE: 1' - 40'-0" FOR DESMOND do PATRICIA COOK 5038 LAUDERDALE AVE VIRGINIA BEACH, VA 23455 503�2 I ( IN: VIRGINIA BEACH AT- CITY: TCITY: VIRGINIA BEACH STATE: VIRGINIA DATUM: NAVD88 DATE: 12/14/2011 SHEET NO. 1 OF �1ee c 4w Fu$ij x 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: January 24, 2012 ■ Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated June 16, 2011, which stated the FY12 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at $10,461 per lane mile, and arterial streets will be reimbursed at $17,819 per lane mile. ■ Considerations: The first resolution requests the addition of newly constructed streets in the amount of 3.92 lane miles which will be eligible for urban maintenance funds beginning July 1, 2012. All of the 3.92 lane miles are classified as local or collector streets. Based on the present VDOT reimbursement rates indicated above, the City will receive $41,007.12 per year for these streets. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 3.44 lane miles of local or collector streets and 6.58 lane miles of arterial streets to be deleted from the inventory. There are corrections in the amount of 4.10 lane miles of local or collector streets and 11.98 lane miles of arterial streets to be added to the inventory. Based on the present VDOT reimbursement rates indicated above, the City will receive $103,126.86 per year for these changes to local/collector and arterial streets. Based on the anticipated reimbursement rates, the net increase in urban maintenance lane miles from the additions and the corrections will result in a funding increase of $144,133.98 from VDOT. ■ Public Information: The item will be advertised as part of the City Council's normal agenda process. ■ Recommendations: Approval ■ Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes") Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: �S� , "::M::** ftat 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT ADDITIONAL STREETS FOR URBAN 4 MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 3.92 (Local or Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. 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: & W4 Av Public orksy's, ice CA12098 R-1 December 22, 2011 Exhibit A - New Streets New Street City of Virginia Beach Public Works / Operations Street Type STREET FROM TO LANE MILES LOCAL BAKER RD WITCHDUCK RD (N) SB E DEAD END 1.06 LOCAL HOLBORN CT KNIGHTS BRIDGE LA W CUL DE SAC 0.12 LOCAL HORSE PASTURE RD DAM NECK RD TAYLOR FARM RD 0.78 LOCAL HORSE PASTURE RD TAYLOR FARM RD W CUL DE SAC 0.24 LOCAL LAMBETH IN KNIGHTS BRIDGE LN DEAD END 0.12 Total Lane Mlles of LOCAL streets: 2.32 Street Type STREET FROM TO LANE MILES URBAN COLLECTOR CONSTITUTION DR BONNEY RD COLUMBUS ST 1.60 Total Lane Miles of URBAN COLLECTOR streets: 1.60 Total Lane Miles of New Street: Wednesday, December 21, 2011 3.92 Page 1 of 1 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT CORRECTIONS AND DELETIONS TO 4 THE ROAD INVENTORY FOR URBAN 5 MAINTENANCE PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached); resulting in a net increase of 0.66 (Local/Collector) lane miles 17 and a net increase of 5.40 (Arterial) lane miles and 18 19 WHEREAS, a representative from the Virginia Department of Transportation has 20 inspected and approved corrections. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That City Council hereby requests the Virginia Department of Transportation to 26 accept the corrections and deletions listed on Exhibit B, attached hereto and 27 incorporated by reference, and to begin paying urban maintenance payments to the City 28 of Virginia Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT Fill _U'!"1011011 CA12099 R-1 December 22, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City of Virginia Beach Exhibit B - Changes Public Works / Operations Additions/Replaced deletions Total Lane Miles of Additions/Replaced deletions : 16.08 Deletions/To be Street Type STREET FROM TO LANE MILES LANE MILES Street Type STREET FROM TO LOCAL LOCAL ALISHIRE CT MECKLEN LA CUL-DE-SAC E 0.16 LOCAL BUCKNER BL INDEPENDENCE BL HOLLAND RD 3.54 LOCAL FIRST GENERAL PW OLD DONATION PW COUNTRY MILL RD 0.12 LOCAL HANNAH IN 55TH ST DAWSON RD 0.06 LOCAL IVANROAD CT CLEVHAMM COMMONS CUL DE SAC 0.04 LOCAL SACANDAGA CT SLALOM DR W CUL DE SAC 0.14 LOCAL SADDLEBROOK CT INDEPENDENCE BL CNB) WOODSCAPE LA 0.04 Total Lane Miles of LOCAL streets : Total Lane Miles of LOCAL streets: 4.10 STREET STREET FROM TO LANE MILES Street Type KENYA LA GENERAL BOOTH BL -4.58 URBAN MINOR ARTERIAL URBAN MINOR ARTERIAL BIRDNECK RD S KENYA LA GENERAL BOOTH BL 9.16 URBAN MINOR ARTERIAL WITCHDUCK RD S AMBERLY RD GRAYSON RD 2.46 URBAN MINOR ARTERIAL WITCHDUCK RD S BONNEY RD AMBERLY RD 0.36 Total Lane Miles of URBAN MINOR ARTERIAL streets: 11_98 Total Lane Miles of Additions/Replaced deletions : 16.08 Deletions/To be Street Type STREET FROM TO LANE MILES LOCAL ALISHIRE CT MECKLIN LA CUL DE SAC -0.16 LOCAL BUCKNER BL INDEPENDENCE BL ROSEMONT RD -1.68 LOCAL BUCKNER BL PUMP STATION SITE ROSEMONT RD -1.14 LOCAL FIRST GENERAL PY OLD DONATION PKWY COUNTRY MILL RD -0.18 LOCAL HANNAH IN (FORM SYDNOR DR 55TH ST SYDNOR DR -0.06 LOCAL IVAN ROAD CT CLEVHAMM COMMONS CUL-DE-SAC -0.04 LOCAL SADDLEBROOK CT SOUTH INDEPENDENCE BLVD INDEPENDENCE BLVD -0.04 LOCAL SCANDAGA CT SLALOM DR CUL DE -SAC -0.14 Total Lane Miles of LOCAL streets : -3_44 Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAL BIRDNECK RD S KENYA LA GENERAL BOOTH BL -4.58 URBAN MINOR ARTERIAL WITCHDUCK RD S BONNEY RD GREENWICH RD -2.00 Total Lane Miles of URBAN MINOR ARTERIAL streets: -6_58 Total Lane Miles of Deletions/To be replaced : -10.02 Wednesday, December 21, 2011 Page 1 of 1 �N...... 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate FY 2010-11 School Reversion Funding to the School Reserve Special Revenue Fund MEETING DATE: January 24, 2012 ■ Background: On September 20, 2011, the School Board was presented a summary of the un -audited financial statement for FY 2010-11 in which $11,525,844 reverted to the City's General Fund per state law. In the past, City Council has returned such reverted funding to the School Board by appropriation. Under City Council policy, this funding is to be used for one-time purposes and cannot create an on-going obligation. In 2003, the City Council, at the request of the School Board, passed an ordinance to establish a School Reserve Special Revenue Fund (098). This Fund was established to allow the School System to set aside funding to be in a better position to respond to (1) unexpected shortfalls in state or federal revenues, (2) emergency expenditures of a non-recurring nature, or (3) other fiscal emergencies. The balance of the School Reserve Special Revenue Fund is limited to 2% of the previous year's school operating budget, which equates to $12.8 million. Use of monies from this Fund requires a resolution stating the purpose of the expenditures and the total amount to be expended to be adopted by a two-thirds majority of the School Board and an appropriation ordinance to be adopted by the City Council. As of June 30, 2011, the School Reserve Special Revenue Fund had an un -audited balance of $13,391,021, of which $13,300,000 was appropriated to the Schools as part of the FY 2011-12 Operating Budget, leaving a balance of $91,021. ■ Considerations: At their November 1St meeting, the School Board adopted a resolution requesting that the $11,525,844 be appropriated to the School Reserve Special Revenue Fund for the following purposes: (1) covering projected revenue shortfall; (2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of the preparation and adoption of the School Operating Budget; (3) possible base salary increases for employees; (4) increases in VRS rates; (5) increases in health care costs; and (6) other fiscal emergencies. Based on the unaudited balance as of June 30, 2011 and the use of reserve funds in the FY 2011-12 Operating Budget, approval of this ordinance would bring the balance of the Fund to $11,616,865. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Attachments: Ordinance; School Board Resolution Recommended Action: Submitting Department/Agency: School Board City Manager. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO APPROPRIATE FUNDING TO THE SCHOOL RESERVE SPECIAL REVENUE FUND WHEREAS, the School System reverted $11,525,844 to the City's General Fund per state law; WHEREAS, by formal resolution, the School Board requests the appropriation of this funding to the School Reserve Special Revenue Fund (098); and WHEREAS, in 2003 the City Council established the School Reserve Special Revenue Fund at the request of the School Board to allow the School System to set aside funding to be in a better position to respond to (1) unexpected shortfalls in state or federal revenues, (2) emergency expenditures of a non-recurring nature, or (3) other fiscal emergencies. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $11,525,844 is hereby appropriated, with estimated use of fund balance of the General Fund increased accordingly, to the School Reserve Special Revenue Fund. 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 nagement CA12065 R-3 January 17, 2012 ices APPROVED AS TO LEGAL SUFFICIENCY: 1 C' SCHOOLBOARD Daniel D. Edwards Chairman District 1 — Centerville 1585 Lake James Drive VA Beach, VA 23464 495-3551 (h) • 717.0259 (c) William J. "Bill" Brunke, IV Vice -Chairman District 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 Drive 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 Al -Large 1304 Downs Lane VA Beach, VA 23455 460-2440(h) Brent N. Mckenzie District 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 284-1067 (c) Patrick S. Salyer At -Large 4849 Haymarket Drive VA Beach, VA 23462 620-2141 (c) Vacant District 2 — Kempsville Carolyn D. Weems District 4 — Bayside 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT James G. Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 23456 263-1007 VIRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E RESOLUTION REGARDING FY 2010111 REVERSION, REVENUE ACTUAL OVER BUDGET, AND DEBT SERVICE BUDGET OVER ACTUAL FUNDS WHEREAS, On September 20, 2011, the School Board was presented with a summary of the unaudited financial statement for FY 2010/11 on the additional revenue and expenditure savings resulting in a reversion to the City's General Fund; and WHEREAS, the total estimated funds available for re -appropriation is $11,525,844; and WHEREAS, the Schools projected shortfall (funding cliff) for FY 2012/13 is $34 million; and WHEREAS, the Administration recommends that the $11,525,844 be re -appropriated to the School Reserve Special Revenue Fund for the purposes (1) of covering projected revenue shortfall, (2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of the preparation and adoption of the School Operating Budget, (3) possible base salary increases for employees, (4) increases in VRS rates, (5) increases in health care costs, and (6) other fiscal emergencies. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves the recommended uses of the FY 2010/11 Reversion, Revenue Actual Under Budget, and Debt Service Budget Over Actual funds as presented by the Administration and that $11,525,844 be placed in the School Board Reserve Special Revenue Fund; and be it RESOLVED: That the City Council appropriates the $11,525,844 to the School Board Reserve Special Revenue Fund; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 1 st day of November 2011 Attest: Dianne P. Alexander, Clerk of the Board Daniel D. Edwards, School Bklard Chairman School Administration Building • 2512 George Mason Drive - P.O. Box 6038 - Virginia Beach, VA 23456-0038 e U W �A�17 LLL y „t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for the Purchase of Defibrillators and Related Equipment for Ambulances MEETING DATE: January 24, 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. The Virginia Department of Health, Office of Emergency Medical Services has awarded the City's Department of Emergency Medical Services a Rescue Squad Assistance Fund grant of $54,840 to purchase four 12 -lead LifePak15 defibrillators and associated medical equipment. A local match is required, and it accounts for 51% of the cost to acquire these defibrillators. The Lifepak15 defibrillators will be used to replace 4 of the original 12 lead LifePak12 defibrillators. The LifePak12 machines are at or closely nearing the end of their life -cycle. These machines will be rotated to second -run ambulances until they are no longer serviceable. The new equipment and supplies will be used to enhance rescue/medical capabilities that will be shared with volunteer rescue squads, career medics, and firefighters. ■ 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). The funding for the local grant match of $57,311 is available in the General Fund Reserve for Contingencies. As of January 6, 2012, the balance in the General Fund Reserve for Contingencies is $939,288. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approve the attached appropriation and transfer. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: r�Qf� �, , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS AND TO TRANSFER FUNDS FOR THE PURCHASE OF DEFIBRILLATORS AND RELATED EQUIPMENT FOR AMBULANCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $54,840 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 for costs of replacement defibrillators and related equipment; and 2) $57,311 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Department of Emergency Medical Services to provide the local grant match. 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 --city-A. ffice CA12108 R-1 January 9, 2012 w may, ro 'y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from Smart Beginnings South Hampton Roads for the Early Learning Challenge Grant Initiative MEETING DATE: January 24. 2012 ■ Background: Smart Beginnings South Hampton Roads (SBSHR) has approved a third year of funding for Virginia Beach Department of Economic Development / GrowSmart (VB GrowSmart) to administer the Early Learning Challenge (ELC) Grant Initiative for the City of Virginia Beach. SBSHR, in partnership with the Hampton Roads Community Foundation and the Batten Educational Achievement Fund of the Hampton Roads Community Foundation, will invest a total of $2.5 million over five years in matching ELC grants to the five communities of South Hampton Roads for implementation of their collaborative action plans. The total award amount for Virginia Beach for Year Three is $100,000. Of this $100,000, $56,520 is provided to the City and $43,480 will be spent by Smart Beginnings South Hampton Roads on behalf of the City. Thus, the attached ordinance is for the $56,520 provided to the City. The $43,480 that will be spent by Smart Beginnings South Hampton Roads on behalf of the City of Virginia Beach will be directed to the following initiatives: 1. Sponsorship of four child care centers to participate in the Quality Rating and Improvement System (QRIS) — $29,480; and 2. Scholarships for eight early education professionals to advance their education at Tidewater Community College, Old Dominion University and/or Norfolk State University — $14,000. The Year Three grant award provided directly to the City ($56,520) will be combined with rollover funds from Year One ($7,473) and rollover funds from Year Two ($30,000) for a total of $93,993. (Note: Beyond 2012, SBSHR will not permit future rolling over of funds not spent within the current grant year.) These funds will be used to address the following action items: 1. Support quality child care and business operational capacity of child care centers; 2. Improve kindergarten transitions and provide shared professional development opportunities for educators; 3. Encourage young parents to stay in school and provide resources to raise healthy children; and 4. Work with the Literacy Institute at Virginia Commonwealth University to pilot the Excellence in Children's Early Language and Literacy (ExCELL) program in two independently -owned pre-schools. The City of Virginia Beach received an ELC grant award from SBSHR in the amount of $165,750 during Year One and $154,250 during Year Two of the grant cycle to work on the first three of these four project areas. The fourth project area, ExCELL, will be a new initiative in Year Three of the grant, based on community needs determined during the first two years. In Year One of the ELC grant, the GrowSmart team surveyed community needs, developed outcomes and launched programs in the first three project areas. The following are accomplishments of Year Two of the ELC grant: 1. Six child care centers were sponsored by the City to participate in Smart Beginning's QRIS. The QRIS defines standards and creates a framework for accountability and acts as a consumer education tool for families. 2. Six Virginia Beach child care centers completed courses offered by the Small Business Development Center to learn skills in business management, marketing and finance. Center owners and directors attended monthly classes and received regular one-on-one mentoring from a small business consultant, who developed an individualized action plan for each center. As a result of participation in the program, the centers experienced an average revenue increase of 12% and an average enrollment increase of 8%. All centers produced sustainable business plans, computerized accounting systems and updated websites and logos. Additionally, four centers that completed the program in 2010 received continued support and mentoring from the business consultant. All of these services were provided to the centers free -of -charge. 3. Nine young mothers and expectant teen mothers attended a training session in April 2011 on the topic of pre- and postnatal nutrition. Eleven young mothers and expectant teen mothers attended a training session in October 2011 on the topic of recognizing, reporting and preventing child abuse and neglect. Ten young mothers and expectant teen mothers attended a training session on proper care and safety of their infants in November 2011. The Young Parents taskforce, comprised of representatives from Virginia Beach Departments of Health and Human Services, Public Libraries, Parks and Recreation, Virginia Beach City Public Schools (VBCPS) and VB GrowSmart, met in December 2011 and outlined a plan to expand this educational programming to three additional sites in VBCPS with high dropout and/or teen pregnancy rates. The taskforce also decided to make increased father involvement and improvement in graduation rates among teen parents priorities for Year Three of the grant cycle. 4. VB GrowSmart and VBCPS collaborated to present two kindergarten transitions workshops in April and October 2011. Forty-six educators attended the training. The goal of the workshops was to provide information, which will allow preschool and kindergarten teachers to align curricula to better prepare children to transition from preschool to kindergarten. Secondly, a transition taskforce of preschool and kindergarten educators, teachers, parents, school administrators and community representatives was established in the spring of 2011 and met in June 2011 to identify elements of effective transition strategies. The kindergarten transitions work group, comprised of representatives from VBCPS, Tidewater Community College, YMCA -Early Discoveries, the Virginia Beach Department of Public Libraries and VB GrowSmart, also met several times throughout the year to design professional development trainings and materials and discuss transition strategies. Based on this work, model transition and registration plans will be developed in early 2012 and implemented at selected sites in the fall of the 2012- 13 school -year. 5. The Virginia Beach GrowSmart Policy Board met to oversee these efforts and will continue to identify opportunities to leverage, sustain, and advocate for the above initiatives. Acceptance of Year Three ELC grant funds will allow the City to build upon these successes and strengthen established partnerships to improve the quality care, healthy development and school readiness of young children. ■ Considerations: This five year grant opportunity for the City of Virginia Beach requires a local match of $500,000 over the life of the grant. Year Three of this ELC grant encompasses the period from January 1, 2012 through December 31, 2012, which spans City fiscal years of FY 2011-12 and FY 2012-13. Over $100,000 has been identified as matching resources for Year Three of the ELC grant. Matching funds have been designated within the VB GrowSmart operating budget and funds spent by other City departments (e.g., VBCPS and Virginia Beach Public Libraries) on activities that support the above initiatives. ■ Public Information: Public information will be handled through the normal Council agenda process. The Grant Agreement sets forth additional public announcements and media communications requirements with which the department will comply. ■ Recommendations: Accept and appropriate grant funds for Smart Beginnings. ■ Attachments: Ordinance; Award Letter Recommended Action: Approval Submitting Department/Agency: Department of Economic Development City Manager.S l� . 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM SMART BEGINNINGS SOUTH HAMPTON ROADS FOR THE EARLY LEARNING CHALLENGE GRANT INITIATIVE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $56,520 is hereby accepted from Smart Beginnings South Hampton Roads and appropriated, with estimated revenue increased accordingly, to the FY 2011-12 Operating Budget of the Department of Economic Development for the Early Learning Challenge Grant Initiative. 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: Management Services CA12110 R-1 January 11, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Board of Directors: Angelica Light, Chair Jane Batten, Vice Chair Lisa Howard, Secretary, President & CEO Jim Metzger, Treasurer December 14, 2011 SMART BEGINNINGS South Hampton Roads Karen Kehoe Virginia Beach GrowSmart Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Paul O. Hirschbiel Jr., Founding Chair Dear Karen, Tony Atwater, Ph.D. I am pleased to inform you that the Grants Committee on behalf of Smart David L. Bernd Beginnings South Hampton Roads Board of Directors voted to award a grant in Barry Bishop the amount of $100,000 the City of Virginia Beach. Gil Bland Bruce Bradley Smart Beginnings South Hampton Roads will release funds to move forward with the following: John Broderick Carlos Campo, Ph.D. • Activity #1 Sponsor 6 to participate in the Small Business Development Jim Dahling Center- a 8 -week course on small business management. Also, the city Deborah DiCroce, Ed.D. will sponsor 8 early education professionals through teacher scholarships. in conjunction with TCC. Chuck Harris 0 Activity #2 Improve kindergarten transitions through curriculum Jake Jacocks alignment and shared professional development opportunities. Tommy Johnson, Jr. i Activity #3 Work in collaboration with the Literacy Institute at VCU to Reynold W. Jordan, Jr. pilot the ExCELL program. Katharine Kersey, Ph.D. Grants will be awarded by January 2012. Please note money not spent during Mary Louis LeHew this grant year will NOT be rolled over and is included in the MOU & Grant Gary McCollum Agreement. All dollars need to be expended by December 31, 2012. Suzanne Puryear Enclosed is a copy of our standard grant agreement, which outlines the specific Lisa Robertson requirements and conditions of your grant including invoice and reporting Alvin Schexnider, Ph.D. collection. Please read carefully, sign and return the original agreement by Bert Schmidt December 30, 2011. Bev Sessoms Smart Beginnings SHR is pleased to be able to continue to support the work of Marcy Sims Virginia Beach on behalf of young children. Lisa Smith David C. Stuckwisch, Ph.D. Sin re , Nancy Welch, MQ Carole Whitener Deran Whitney, Ph.D. Gitlin Burket S. Harry Young Director of Initiatives Tradewinds Building, 112 Granby Street -Suite 500, Norfolk, VA 23510 757-226-8826 i Fax: 757-226-8829' www.smartbeginningsshr.org tui 25j t J� i� i 4yyy�{ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds and Authorize FTE's in the FY 2011-12 Operating Budget of the Department Of Emergency Medical Services for Lifesaving Services at the Resort Area Beaches and to Authorize the City Manager to Take Related Actions MEETING DATE: January 24, 2012 ■ Background: At its workshop session on August 16, 2011, the City Council directed staff to issue a request for proposals ("RFP") for lifesaving services at the Resort Beaches and also to have the Department of Emergency Medical Services ("EMS") prepare a cost estimate for providing these services "in-house." The City issued the RFP, and it received one proposal. This proposal was from Virginia Beach Lifesaving Services, Inc. ("VBLS"). The RFP committee reviewed the VBLS proposal and found it to meet the qualifications of the RFP. The EMS cost estimate was provided in a sealed envelope to the City Auditor, and it was evaluated to determine the reasonableness of the cost estimate. The City Auditor reported a projected savings over the five-year term of approximately $1.4 million if these services were provided "in- house." ■ Considerations: If the City were to do the lifesaving services "in-house," a budget transfer would be required totaling $361,887, and the Council would need to authorize two full-time equivalents (FTE) and 1.02 part-time FTE's in the EMS budget. The cost for full-time personnel is $63,450 for the remainder of FY 2011-12 for salaries and fringe benefits of one Brigade Officer and one Captain. The cost for part-time personnel will total $132,677 for the remainder of the portion of salaries and fringe benefits for lifeguards and lifeguard supervisors. Operating support costs for the full- time personnel and start-up equipment and supplies total $154,660. Examples of these expenses include construction costs, durable and consumable medical equipment and water rescue equipment, uniforms, hardware, and operating supplies. Capital equipment includes one all -terrain vehicle totaling $11,100. EMS has $311,671 available for transfer within its FY 2011-12 Operating Budget from the contractual services account, but would require a transfer of $50,216 from the General Fund Reserve for Contingencies to cover the remainder of these start-up costs. An additional consideration is whether performing these services "in-house" will result in the City incurring additional liability. The City and its employees would be immune from most claims arising out of the City directly providing lifesaving services, especially in cases where there is no evidence of gross negligence or recklessness. The City is self- insured for the first $2 million in liability and has an excess insurance policy providing for coverage of the next $10 million in liability. If the City provided the lifesaving services, there would he no additional premium for the excess insurance policy, but the City could purchase an additional $2 million general liability coverage policy to provide coverage specifically for the lifeguard services, at an annual cost of roughly $10,000 and with a $1,000 deductible on each claim. ■ Public Information: Public information will be provided by the normal Council agenda process. Representatives of VBLS and EMS will provide a briefing to the Council at its Informal Session on January 24, 2011, which will be broadcast on the City television channel, with subsequent re -airing, and it will be broadcast on the City website. ■ Recommendation: Approval of the attached ordinance to transfer funds, to authorize FTE's, and to authorize the City Manager to take other necessary steps. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager X14, 1 AN ORDINANCE TO TRANSFER FUNDS AND 2 AUTHORIZE FTE'S IN THE FY 2011-12 OPERATING 3 BUDGET OF THE DEPARTMENT OF EMERGENCY 4 MEDICAL SERVICES FOR LIFESAVING SERVICES AT 5 THE RESORT AREA BEACHES AND TO AUTHORIZE THE 6 CITY MANAGER TO TAKE RELATED ACTIONS 7 8 WHEREAS, at its workshop session on August 16, 2011, the City Council 9 directed staff to issue a request for proposals ("RFP") for lifesaving services and also to 10 have the Department of Emergency Medical Services ("EMS") prepare a cost estimate 11 for providing these services "in-house;" and 12 13 WHEREAS, the City received one proposal in response to the RFP, from Virginia 14 Beach Lifesaving Services, Inc. ("VBLS"), which was referred to the RFP committee for 15 review to determine if the proposal fully qualified; and 16 17 WHEREAS, the "in-house" cost estimate was provided in a sealed envelope to 18 the City Auditor; and 19 20 WHEREAS, subsequent to the RFP committee finding the VBLS proposal was 21 fully qualified, both the VBLS proposal and the EMS cost estimate were evaluated 22 based on pricing for the same level of service after consideration of possible deduct 23 options; and 24 25 WHEREAS, the City Auditor reported a projected expenditure savings over the 26 five-year term of approximately $1.4 million if these services were provided "in-house" 27 by EMS; and 28 29 WHEREAS, it is the sense of City Council that the "in-house" option for lifeguard 30 services is in the best interest of the City. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA, THAT, 34 35 1. $ 311,671 is hereby transferred from Contractual Services to Salaries and Fringe 36 Benefits in the FY 2011-12 Operating Budget of EMS; and 37 38 2. $ 50,216 is hereby transferred from the General Fund Reserve for Contingencies 39 to the FY 2011-12 Operating Budget of EMS; and 40 41 3. Two additional full-time positions and 1.02 part-time FTE's are authorized in the 42 FY 2011-12 Operating Budget of EMS; and 43 44 4. The City Manager is hereby authorized to take those steps necessary for EMS to 45 manage the lifesaving services for the Resort Area Beaches. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. APPROVED AS TO CONTENT Management Services CA12106 R-1 January 12, 2012 APPROVED AS TO LEGAL SUFFICIENCY: it. ney'" ice L. PLANNING Application of LA PAZ, LLC, C/O CHRIS WOOD re a Nonconforming Use to renovate and ADD to the existing structure at 2256 Calvert Street (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION APPROVAL 2. Application of CS2 ACQUISITION, LLC for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 4800 Dolton Drive (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 3. Application of BUDDHIST EDUCATION CENTER OF AMERICAN DONG HUNG TEMPLE, INC. for a Modification of a Conditional Use Permit re plan and building elevations (approved April 2, 2011) for a religious use at 423 Davis Street (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION APPROVAL 4. Application of MCQ BUILDERS, LLC and KROLL ENTERPRISES, II, LLC, for a Modification of Proffers No. 3 and 4 (approved November 25, 2008) at Dam Neck Road and Southcross Drive (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION APPROVAL 5. Ordinance to AMEND §§ 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 (Deferred January 10, 2012) t r d r� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LA PAZ, LLC C/O CHRIS WOOD, Enlargement of a Nonconforming Use, 2256 Calvert Street (GPIN 1590710664). LYNNHAVEN DISTRICT. MEETING DATE: January 24, 2012 ■ Background: The subject site contains an existing duplex and detached garage. City tax records indicate that the dwelling was constructed in 1950 prior to the adoption of the City Zoning Ordinance. This site and surrounding Cape Henry residential neighborhood are currently zoned R-7.5 Residential District, which does not permit duplexes. Thus, the duplex is a nonconforming use. ■ Considerations: Currently, the exterior of the subject structure consists of an A -frame roof with extensions of the roof slope over the entrance doors. The porches are constructed of wood and the exterior of the structure consists for wood siding. It is the intent of the applicant to perform exterior renovation to the structure, as well as additions to the existing structure. The existing roof will be modified by adding two dormers to each side of the roof. The existing roof shingles will be replaced with black architectural -style shingles. The roof extensions over the entrance doors on both the north and south sides of the structure will be removed, and the northern entrance will be closed and sided. An additional entrance will be added to the southern side of the structure. Each entrance will have a porch, consisting of small gable roofs, white vinyl posts and railings, and concrete landings. The existing wood siding for the exterior will be replaced with "Autumn Tan" color cement fiberboard siding, and the new trim will be white vinyl. The proposed new, as well as the existing windows to be replaced, will be white vinyl. ■ Recommendations: Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity." Staff's conclusion, based upon its evaluation of the proposed alterations and additions, is that the proposed exterior renovations and additions are reasonable and will be equally appropriate to the surrounding R-7.5 zoning as is the existing non -conforming use. The existing structure is in need of repair, and the La Paz, LLC, c/o Chris Wood Page 2 of 3 proposed improvements will provide for a more aesthetically pleasing structure that will be more compatible with the surrounding neighborhood. Approval of this request is recommended with the following conditions: The exterior renovations and additions to the existing structure shall substantially adhere to the submitted site plan entitled "Survey Exhibit, Lot 14, Block 13, Section G, Cape Henry", dated August 12, 2011, and prepared by Martin Engineering. Said site plan has been exhibited to the City Council and is on file in the Planning Department. 2. The exterior renovations and additions to the existing structure shall substantially adhere to the submitted perspective building rendering, entitled by City staff as "Rendering for 2256 Calvert Street, dated December 19, 2011," Said rendering has been exhibited to the City Council and is on file in the Planning Department. ■ Attachments: Staff Review and Disclosure Statements Location Map Recommended Action: Staff recommends approval. Submitting Department/Agency: Planning Department City Manager: sn Mon -Conforming Use REQUEST: Alterations to a Nonconforming Use ADDRESS / DESCRIPTION: 2256 Calvert Street January 24, 2012 Public hearing APPLICANT/ PROPERTY OWNER: LA PAZ, LLC, C/O CHRIS WOOD STAFF PLANNER: Ray Odom GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 115907106640000 LYNNHAVEN 6,250 square feet Less than 65 dB DNL SUMMARY OF REQUEST The subject site contains an existing duplex and detached garage. City tax records indicate that the dwelling was constructed in 1950 prior to the adoption of the City Zoning Ordinance. This site and surrounding Cape Henry residential neighborhood are currently zoned R-7.5 Residential District, which does not permit duplexes. Thus, the duplex is a nonconforming use. Currently the exterior of the subject structure consists of an A -frame roof with extensions of the roof slope over the entrance doors. The porches are constructed of wood and the exterior of the structure consists for wood siding. It is the intent of the applicant to perform exterior renovation to the structure, as well as additions to the existing structure. The existing roof will be modified by adding two dormers to each side of the roof. The existing roof shingles will be replaced with black architectural -style shingles. The roof extensions over the entrance doors on both the north and south sides of the structure will be removed, and the northern entrance will be closed and sided. An additional entrance will be added to the southern side of the structure. Each entrance will have a porch, consisting of small gable roofs, white vinyl posts and railings, and concrete landings. The existing wood siding for the exterior will be replaced with "Autumn Tan" color cement fiberboard siding, and the new trim will be white vinyl. The proposed new, as well as the existing windows to be replaced, will be white vinyl. LA PAZ, LLC, c/o CHRIS WOOD January 24, 2012 CITY COUNCIL Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Nonconforming duplex SURROUNDING LAND North: . Single-family / R-7.5 Residential District USE AND ZONING: South: . Single-family / R-7.5 Residential District East: . Single-family / R-7.5 Residential District West: . Calvert Street • Single-family / R-7.5 Residential District CITY SERVICES City services are not affected by this request. EVALUATION AND RECOMMENDATION Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity." Staff's conclusion, based upon its evaluation of the proposed alterations and additions, is that the proposed exterior renovations and additions are reasonable and will be equally appropriate to the surrounding R-7.5 zoning as is the existing non -conforming use. The existing structure is in need of repair, and the proposed improvements will provide for a more aesthetically pleasing structure that will be more compatible with the surrounding neighborhood. Approval of this request is recommended with the conditions below. CONDITIONS 1. The exterior renovations and additions to the existing structure shall substantially adhere to the submitted site plan entitled "Surrey Exhibit, Lot 14, Block 13, Section G, Cape Henry", dated August 12, 2011, and prepared by Martin Engineering. Said site plan has been exhibited to the City Council and is on file in the Planning Department. 2. The exterior renovations to the existing structure shall substantially adhere to the submitted perspective building rendering, entitled by City staff as "Rendering for 2256 Calvert Street, dated December 19, 2011," Said rendering has been exhibited to the City Council and is on file in the Planning Department. LA PAZ, LLC, c/o CHRIS WOOD January 24, 2012 CITY COW4,CIL Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. 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. LA PAZ, LLC, c/o CHRIS WOOD January 24, 2012 CITY COUNCIL Page 3 Pictometry I N (N E) ' f hx / 'ti's''.. �•� ..�,,y�, • � R AERIAL OF SITE LOCATION LA PAZ, LLC, c/o CHRIS WOOD January 24, 2012 CITY COUNCIL Page 4 Q;e 2 LOT 12 4.7' 18.1' 0 N I 1.7'- 4.3' 1.7 ' 0.8' 08 N 10.7' 10.5' 3201± TO SHORE DR. 1.7' 4.3"Al' o i, co ai CALVERT STREET PROPOSED SITE PLAN LA PAZ, LLC, c/o CHRIS WOOD January 24, 2012 CITY COUNCIL Page 5 s OUR NA'\o�.1 gil PERSPECTIVE RENDERING LA PAZ, LLC, c/o CHRIS WOOD January 24, 2012 CITY COUNCIL Page 6 ZONING HISTORY There is no zoning history to report. LA PAZ, LLC, c/o CHRIS WOOD January 24, 2012 CITY COUNCIL Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, *m, business, or other unincorporated orgianizabon, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) La Paz, LLC. Chris wood is the only me nber 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach fist If necessary) None E] Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only If property owner is dflfierent 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) See above 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) None Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 6 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 Il If yes, what is the name of the official or employee and the nature of their interest? NOn COWOM M+g US* Appk*Wn P&W8d9 RevWW 7447 DISCLOSURE STATEMENT LA PAZ, LLC, c/o CHRIS WOOD January 24, 2012 CITY COUNCIL 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, finencial services, accounting services, and legal services: (Attach list if necessary) Ionic Dszign, Eugene Thompson (did sketch) No other indMduab or businesses have been conEenpleted at this time: Owner may seM-pe orm work ' '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 conf ict of interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (S) tirme is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business aMbty relationship include that the same person or SWMWntially the same person own or manage the two entities, there are common or cormingled funds or assets: the business entitles 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 worldng relationship between the entitles.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certity that the information contained heroin is true and accurate. 1 understand Mat, upon receipt of notifiesion (Postcard) That the application has been scheduled for public hearing, I am responsible for obtaining and posting The rwored sign on the subject property at bast 30 days prior to the scheduled public hearing according to the mstruc ns in this package. The undemagned alio to entry upon the aubjea property by ertpbyees d the Departrnerk d Planning to phn h sand vbw the site for purposes of procewkg and evakratlng this application. Applicenrs Signature Print Name Property Owner's Signature (if different than applicant) Print Name Nan-Confom ft Ur MWk49o^ Pope 9 of 9 Ro - 7rW DISCLOSURE STATEMENT LA PAZ, LLC, c/o CHRIS WOOD January 24, 2012 CITY COUNCIL Page 9 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 USE ON PROPERTY OWNED BY LA PAZ, 4 LLC AND LOCATED AT 2256 CALVERT 5 STREET 6 7 WHEREAS, La Paz, LLC (hereinafter the "Applicant") has made application to 8 the City Council for authorization to enlarge a nonconforming use located at 2256 9 Calvert Street, in the R-7.5, Residential Zoning District, by adding exterior renovations 10 and additions to the existing duplex structure; and 11 12 WHEREAS, the duplex structure is not currently allowed in the R-7.5 Zoning 13 District, and is nonconforming as it was built prior to the adoption of the applicable 14 zoning regulations; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as enlarged, 19 will be equally appropriate or more appropriate to the zoning district than is the existing 20 use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use, as enlarged, will be 26 equally appropriate to the district as is the existing nonconforming use under the 27 conditions of approval set forth hereinbelow. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the enlargement of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. The exterior renovations and additions to the existing structure shall substantially 36 adhere to the submitted site plan entitled "Survey Exhibit, Lot 14, Block 13, 37 Section G, Cape Henry", dated August 12, 2011, and prepared by Martin 38 Engineering. Said plan has been exhibited to the City Council and is on file in 39 the Planning Department. 40 41 2. The exterior renovations and additions to the existing structure shall 42 substantially adhere to the submitted perspective building rendering, entitled by 43 city staff as "Rendering for 2256 Calvert Street, dated December 19, 2011. Said 44 rendering has been exhibited to the City Council and is on file in the Planning 45 Department. 46 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 49 of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Kg�,1, )-•. - CA12105 R-2 January 12. 2012 V cn r� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CS2 ACQUISITION, LLC, Subdivision Variance, 4800 Dolton Drive (GPIN 1477212202). KEMPSVILLE DISTRICT. MEETING DATE: January 24, 2012 ■ Background: The applicant is requesting to subdivide a parcel from property being developed for a residential community called Cornerstone. The property is zoned Conditional A-24 Apartment District with a PD -1-12 Planned Development Overlay District. It is approved for a mixture of multi -family, stacked townhouses and townhouses. Access to the site is via Bonney Road, Dolton Drive and Alicia Drive. The traffic circulation within the site is comprised of private streets. As a result, in the majority of cases, any subdivision within the site intended to create a new parcel will be unable to meet Section 4.4of the Subdivision Ordinance, which requires that all lots being created must meet the requirements of the Zoning Ordinance. A requirement of the Zoning Ordinance is that a lot must have access to a public street. The proposed parcel does not front on a public street; thus, a variance to Section 4.4 of the Subdivision Ordinance is requested by the applicant. ■ Considerations: The existing lot, Parcel A -1-A, is 28.525 acres. The applicant intends to subdivide 7.5 acres from Parcel A-1 -A for the purpose of creating a Phase II parcel, which will facilitate financing for the development. There will be two separate lending institutions, each financing a different parcel. In sum, each lender will require a deed of trust over the portion of the property covered by their financing. In order to satisfy both lenders, two separate parcels are required. No modifications to the approved Cornerstone land use plan are proposed. The access and infrastructure serving this development will not change. The only change is the creation of a new parcel for financing purposes. Staff, therefore, recommends approval with the condition below. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0-1, to recommend approval of this request to the City Council with the following conditions: CS2 Acquisition, LLC Page 2 of 2 The parcels shall be subdivided substantially in accordance with the submitted "Cambria At Cornerstone — Phase II Compiled Lot Layout Exhibit"; dated September 29, 2011 and prepared by the Timmons Group. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: )� " KEMPSVILLE e,r,tk'.+r�.�,, LLC R7.5/: �a B R7, tl ® p6ap µ�yN D .5 �6 FA12 p —,I B2 2 ...:'x3R 01\ B2. R5D 12 12 1Al2,i O1. B2 li 82 ry �M cewX.inw. YrMf«.. (}rn Subamslon vwiam 5 December 14, 2011 Public Hearing APPLICANT: CS2 ACQUISITION, LLC PROPERTY OWNER: WEDGEWOOD ASSOCIATES, LLC STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots have direct access to a public street. ADDRESS / DESCRIPTION: 4800 Dolton Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1477-21-2202-0000 KEMPSVILLE 28.525 Acres Less than 65 dB DNL SUMMARY OF REQUEST The applicant is requesting to subdivide a parcel from the property known as the Cornerstone development. The proposed parcel does not front on a public street and a variance is required. There are two parcels identified on this site. Parcel A -1-A is undeveloped and Phase 1, Parcel A -2-A has been residentially developed. Existing Lot: The existing lot, Parcel A -1-A, is 28.525 acres. The property is zoned Conditional A-24 Apartment District with a PD -H2 Planned Development Overlay District. It is approved for a mixture of multi -family, stacked townhouses and townhouses. Access to the site is via Bonney Road, Dolton Drive and Alicia Drive. The internal access is comprised of private streets. Proposed Lots: The applicant intends to subdivide 7.5 acres from Parcel A -1-A. However, this parcel, Phase II, will not front on a public street and a variance is required. Access to this parcel will be via the private streets that serve this development. The applicant desires to subdivide this 28.5 acre site because there will be two separate lending institutions financing these parcels. Basically, each lender will require a deed of trust over the portion of the property covered by their financing. In order to satisfy both lenders two separate parcels are required. CS2 ACQUISITION, LLC Agenda Item 5 Page 1 Cpl Requared Phase II Parcel A -1-A Lot Width in feet 100 0" 254.05 Lot Area in square feet and/or acres 20,000 7.5+/- acres 21.1+/- acres "Variance required LAND USE AND PLAN INFORMATION EXISTING LAND USE: Planned residential development currently under construction. SURROUNDING LAND North: . Interstate 264 USE AND ZONING: South: . Bonney Road and Dolton Drive/ Various commercial and residential uses / B-2 Community Business District, R -5D Residential Duplex District, A-24 Apartment District with a PDH2 overlay, etc. East: • Single-family / various commercial uses / B-2 Community Business District and R -5D Residential Duplex District West: . Mobile home park / A-12 Apartment District District COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Pembroke Strategic Growth Area (SGA 4). The Pembroke Strategic Growth Area 4 Implementation Plan, adopted as an amendment to the Comprehensive Plan in November 10, 2009, sets forth a long-range vision and land use recommendations for the Pembroke SGA. In general, the vision for the Pembroke SGA is a central urban core with a vertical mix of urban uses, great streets, mobility and transit alternatives, urban gathering places, environment and neighborhood preservation and enhancement, green buildings and infrastructure opportunities providing a variety of civic, commercial, artistic and ethnically -diverse areas. The Implementation Plan describes and provides planning policies for six subareas or districts. The subject property is located within the Southern Corporate District, which is generally located south of 1-264 generally between Witchduck Road, Bonney Road, Baxter Road and South Boulevard. The Southern Corporate District area is planned to emerge as an urban village with a mix of attractive residential and signature office buildings located along 1-264. The development pattern should transition to smaller scale residential, office and retail uses to the south. While development in this district is envisioned with a stronger residential emphasis toward the south, it will still foster small and medium-size office and businesses of eye-catching architecture that will be a vital element of this district, and that will take advantage of prime interstate visibility. IMPACT ON CITY SERVICES WATER AND SEWER: This site will be connected to City water and sewer. CS2 ACQUISITION, LLC Agenda Item 5 Page 2 Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION This is a simple request to subdivide and create a separate parcel for mortgage purposes. No modifications to the approved land use plan are proposed. The access and infrastructure serving this development will not change. Each parcel meets the minimum lot area requirement and each will meet their respective parking requirements. Proposed Phase II parcel will not have frontage on a public street, as required by Section 4.4(d) of the Subdivision Ordinance, and a variance is required. Staff recommends approval with the condition below. CONDITION The parcels shall be subdivided substantially in accordance with the submitted "Cambria At Cornerstone — Phase II Compiled Lot Layout Exhibit"; dated September 29, 2011 and prepared by the Timmons Group. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. NOTE. Further conditions may be required during the administration of applicable City Ordinances. 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. CS2 ACQUISITION, LLC Agenda Item 5 Page 3 Intcr.stritc 264 -:.. " _ IV i 1 i 1 1 I I I 1 old PROPOSED LOT LAYOUT PLAN 1 � CS2 ACQUISITION, LLC Agenda Item 5 z Page 5 APPROVED LAND USE PLAN CS2 ACQUISITION, LLC Agenda Item 5 Page 6 ZONING HISTORY # DATE REQUEST ACTION 1 04/05/2005 Rezoning (A-12 to Conditional A-24 w/PD-H2 Overlay) Approved 2 06/06/2010 Rezoning (A-24 to Conditional A-24 w/PD-H2 Overlay) Approved 3 01/25/2011 Rezoning A-24 w/PD-H2 Overlay to P-1 CS2 ACQUISITION, LLC Agenda Item 5 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) CS2 Acquisition, LLC (Please see attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant (Attach list if necessary) Please see attached. ❑ 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 ff necessary) Wedgewood Associates, LLC (Please see attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Please see attached. ❑ 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 Q No 0 If yes, what is the name of the official or employee and the nature of their interest? N/A Subdrown Variance Application Page 9 of 10 Revised 3111/08 DISCLOSURE STATEMENT CS2 ACQUISITION, LLC Agenda Item 5 Page 8 11 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) Timmons Group _. Engineering Services Rouse-Strine Associates, LTD — Surveying Services Troutman Sanders LLP — Legal Services Willcox & Savage — Legal Services ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local government Conflict of Interests Act, Va, Code § 2.2-3101. Z "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that 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. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application Signature Owners Signature (if different than applicant) Print Name Print Name Subdivision Vanamm App'"tron Page 10 of 10 Revised 71112006 DISCLOSURE STATEMENT CS2 ACQUISITION, LLC Agenda Item 5 Page 9 Item #5 C52 Acquisition, L.L.C. Subdivision Variance 4800 Dolton Road District 2 Kempsville December 14, 2011 CONSENT An application of CS2 Acquisition, L.L.C. for a Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots have direct access to a public street on property located at 4800 Dolton Road, District 2, Kempsville. GPIN: 1477-21-2202- 0000. CONDITION The parcels shall be subdivided substantially in accordance with the submitted "Cambria At Cornerstone — Phase II Compiled Lot Layout Exhibit"; dated September 29, 2011 and prepared by the Timmons Group. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. NOTE. Further conditions may be required during the administration of applicable City Ordinances. 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. RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0-1, with the abstention so noted, the Commission approved item 5. AYE 10 NAY 0 ABS 1 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND ABS RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0-1, with the abstention so noted, the Commission approved item 5. Item #5 CS2 Acquisition, L.L.C. Page 2 R.J. Nutter appeared before the Commission on behalf of the applicant. -64 - Item K.6 PLANNING ITEM # 60808 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 12, 2011 -63 - Item K.6 PLANNING ITEM # 60808 Upon motion by Vice Mayor Jones, seconded by Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance upon Application of BUDDHIST EDUCATION CENTER OF AMERICANDONGHUNG TEMPLE. INC. for a Conditional Use Permit re a religious use at 423 Davis Street (#GP/N 1467493165) (DISTRICT 2-KEMPSVILLE) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BUDDHIST EDUCATION CENTER OF AMERICAN DONG HUNG TEMPLE. INC for a Conditional Use Permit re a religious use at 423 Davis Street (#GP/N 1467493165) (DISTRICT 2-KEMPSVILLE) R041137468 The following conditions shall be required: 1. Obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning Permits and Inspections Division and the Fire Department before occupancy and the use of the existing building for religious facility. 2. With Phase II, curb and gutter may be required. 3. Submit a Site Plan to the Department of Planning Development Services Center for the development of the required parking, stormwater management and landscaping improvements to this site. 4. All statues shall meet the required front yard, rear yard and side yard setbacks. S. Submit a Photometric Plan for review and approval. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelfth day of April, Two Thousand Eleven April 12, 2011 F W A A IL W� Y U• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BUDDHIST EDUCATION CENTER OF AMERICA DONG HUNG TEMPLE, INC., Modification of Conditional Use Permit, religious use, 423 Davis Street (GPIN 1467493165). KEMPSVILLE DISTRICT. MEETING DATE: January 24, 2012 ■ Background: The applicant is requesting modification of a Conditional Use Permit approved by City Council on April 12, 2011. The requested modifications pertain to the site plan layout and building elevations. The April 2011 application proposed two phases for the development. The first phase consisted of use of the existing one- story structure (former dwelling), including a proposed new addition, as the residence for the monks, as well as use of an existing two-story structure, including a proposed new addition, as the initial 'Buddha Hall' worship temple. Phase Two proposed the construction of a `Great Compassion Hall' with a floor area of 5,000 square feet, a dining hall, and a parking area. The applicant has revised the proposal described above, and thus, a modification to the Conditional Use Permit is necessary prior to use and development of the site as proposed below. ■ Considerations: There are several changes to Phase One: • The proposed addition to the existing one-story structure is being deleted. • The proposed addition to the existing two-story structure will be increased in size. • A one-story 36'x 80' Buddha Hall will be added between the two existing buildings. • The parking area design has been revised to accommodate 40 parking spaces. During Phase One, the proposed surface of the parking area is gravel; the area will be paved during Phase Two. • A 22' x 26' metal storage building will be added to the rear of the site. Phase Two will consist of the following: Construction of a two-story addition to the existing two story structure. The monks will use this building as their residence. Construction of a two-story addition to the Buddha Hall, which will contain the 'Great Compassion Hall'. The one-story structure that was initially Buddhist Educational Center of America — Dong Hung Temple, Inc. Page 2 of 3 used as the monk's residence will be demolished as part of the site preparation for the construction of the Great Compassion Hall. • Construction of various buildings intended for the use of visiting monks and for storage are also proposed. The proposed plan modifications are generally consistent with the land use principles of the Comprehensive Plan and reflect appropriate height, scale, and mass between the proposed building environment and the adjacent residential area and uses. Staff recommends approval of this requested modification, as conditioned below. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The applicant shall obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning Permits and Inspections Division and the Fire Department before occupancy and the use of the existing building for a religious facility. 2. The applicant is notified that the installation of curb and gutter may be required during the Phase Two improvements. 3. A site plan shall be submitted to the Department of Planning, Development Services Center for the development of the required parking, stormwater management and landscaping improvements to this site. 4. All statues shall meet the required front yard, rear yard and side yard setbacks. 5. Prior to installation of lighting for the paved parking lot, a photometric plan shall be submitted to the Department of Planning for review and approval. 6. When the property is developed, it shall be developed substantially as shown on the exhibits entitled "Buddhist Education Center of America (Center) Sheets 1 - 7 of 7" undated, a copy of which is on file with the Virginia Beach Department of Planning. 7. The existing landscape buffer long the perimeter of the property shall remain and shall be enhanced with native evergreen trees adjacent to any residential dwelling area. Buddhist Educational Center of America — Dong Hung Temple, Inc. Page 3 of 3 ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen ------ City Manager: S KEMPSVILLE Nlap C -G Buddhist Education Center of America 2 December 14, 2011 Public Hearing APPLICANT / PROPERTY OWNER: BUDDHIST EDUCATIONAL CENTER OF AMERICA - DONG HUNG TEMPLE, INC. STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit for a religious use — approved by the City Council on April 12, 2011. ADDRESS / DESCRIPTION: 423 Davis Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14674931650000 KEMPSVILLE 112,294 square feet Less than 65 dB DNL SUMMARY OF REQUEST The applicant is requesting to modify a Conditional Use Permit approved by City Council on April 12, 2011 to allow changes to the site plan layout and building elevations. The applicant initially proposed a plan to be completed in two phases. The first phase included the existing one-story structure with a proposed addition as the residence for the monks and an existing two-story structure with a proposed addition as the initial temple for worship. The proposed addition to the existing one-story structures is no longer part of Phase I. The proposed addition to the two-story will be increased in size. Furthermore a one-story 36' x 80` Buddha Hall will be added between these two existing buildings. The parking will now accommodate 40 spaces. The parking is depicted as gravel for Phase I and paved during Phase II. A 22' x 26' metal storage building will be added to the rear of the site during the first phase. Under Phase II, a two-story addition to the Buddha Hall is proposed which will eliminate the one-story structure used for the monks' residence. The enlarged Buddha Hall will become the Great Compassion Hall. Prior to the construction of the Great Compassion Hall, another addition to the two-story temple will BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. Agenda Item 2 Page be built in order for this space to become the residence for the monks. Structures for the use of visiting monks and storage are also proposed in Phase II. The Conditional Use Permit allowing a religious use was approved by the City Council on April 12, 2011. The Conditional Use Permit has five conditions. The applicant is adding conditions for the revised site layout and building elevations as well as landscaping buffer. LAND USE AND PLAN INFORMATION EXISTING LAND USE: A single family dwelling and an additional structure occupies the site SURROUNDING LAND North: . Multi -family dwellings/ A-12 Apartment District USE AND ZONING: South: . Single family dwelling/ B-2 Community Business District East: . Davis Street • Single family dwellings / B-2 Community Business District West: . Multi -family dwellings / A-18 Apartment District NATURAL RESOURCE AND The site is within the Chesapeake Bay Watershed. Stormwater quality CULTURAL FEATURES: and quantity will be addressed in accordance with the CBPA Ordinance and Virginia Stormwater Management Handbook. There are no cultural features or natural resources associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Furthermore, the Comprehensive Plan reinforces the suburban characteristics of non-residential areas within the Suburban Area. This is accomplished by providing a high quality and attractiveness of site and buildings and compatibility with residential uses with respect to the type, size, and intensity of the proposed use and effective buffering. (pp. 3-1,3-2) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Davis Street in the vicinity of this application is considered a two-lane undivided collector/local street. No roadway Capital Improvement Program projects are slated for this segment of roadway. Currently, this segment of roadway is functioning at a LOS C or better. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Davis Street 4,927 ADT 6,200 ADT (Level of Service "C") Existing Land Use 9,900 ADT' (Level of Service "D") / — 82 ADT Capacity Proposed Land Use 3 11,100 ADT' Level of Service "E" — 108 ADT Average Daily Trips 2 as defined by 6,900 SF temple (Phase II )& 1 house s as defined by 8,444 SF temple Phase II & 2 house type structures BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. Agenda Item 2 Page 2 The land use for a Buddhist temple does not exist in the ITE Trip Generation manual, trip generation rates for a church on a Saturday were used instead. The proposed site plan shows one unsignalized entrance on Davis Street. The proposed site plan shows a 24' wide entrance; Public Works Standards require a minimum 30' entrance for non-residential uses. To comply with the Public Works Standards, §5 of the Subdivision Ordinance, and to match the adjacent property to the north, right-of-way improvements including sidewalk and curb and gutter will be required. Future comments will be forthcoming upon a site plan submission. WATER: This site currently connects to City water. There is a 6 inch City water main along Davis Street. The existing 5/8" water meter (City ID# 49204675) can be used or upgraded to accommodate the proposed development. SEWER: This site is connected to City sanitary sewer. There is a 10 inch City gravity sanitary sewer main along Davis Street. The sanitary sewer and pump station analysis for HRSD Pump Station #007 is required to determine if future flows can be accommodated. STORMWATER: This proposal does not address the issue of site storm water drainage. Any storm water that falls on this site cannot be allowed to flow onto surrounding properties. This site must be designed so all storm water that falls onto the site in question is captured and channeled into the City's storm water drainage system or contained on site. A stormwater plan should be submitted for review to Development Services Center prior to review or issuance of any building permits. FIRE: A complete review will be done during the Development Services Center review process. EVALUATION AND RECOMMENDATION The proposed site plan modifications are generally consistent with the land use principles of the Comprehensive Plan and reflect appropriate height, scale, and mass between the proposed building environment and the adjacent residential area and uses. Building materials should be of high quality and applied consistently to all structures on the site. Signage should be consistent in color and theme with the primary building. The modified plan should incorporate design guidelines presented in the 'Special Area Development Guidelines' outlined in the Comprehensive Plan Reference Handbook for site design, screening, landscaping, and lighting guidance of non-residential uses that adjoin residential areas. Native evergreen trees should be included in this redesign to provide screening during the loss of leaves by the deciduous trees. Outdoor lighting should provide sufficient illumination for the use without projecting light and glare onto adjacent properties. Lighting for this proposal should be designed as an integral part of the architecture to be as unobtrusive as possible. Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1. Obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. Agenda Item 2 Page 3 Department of Planning Permits and Inspections Division and the Fire Department before occupancy and the use of the existing building for a religious facility. 2. With Phase II, curb and gutter may be required. 3. Submit a site plan to the Department of Planning Development Services Center for the development of the required parking, stormwater management and landscaping improvements to this site. 4. All statues shall meet the required front yard, rear yard and side yard setbacks. 5. Prior to installation of paved parking lot lighting, submit a photometric plan for review and approval. 6. When the property is developed, it shall be developed substantially as shown on the exhibits entitled "Buddhist Education Center of America (Center) Sheets 1 - 7 of T" undated, a copy of which is on file with the Virginia Beach Department of Planning. 7. Existing landscape buffer around perimeter of property to remain and should be enhanced with native evergreen trees against any residential. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. Agenda Item 2 Page 4 AERIAL OF SITE LOCATION BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. Agenda Item 2 Page 5 p2w or1aV imm etc im 1e000b10i t" GrAF 1467.W6I134= FUM OF NBB' LOOM$ PHAW I FB 1•ro7 zom All f vCWLM —+ oru• i� r4rR■®Ly •IAeeeN.W . Mi■ILO 17 a 1�041eerie6l !Of Mi ■LII IO SQ mwan e 1 a x rcv {OT1■iil--- D]r VrLdID F IYHI', H THE , a Y �1 Ir THAT �I J J _.- �R4J0.�r■R` A BCAIar-u TOPOGRAPHIC SURVEY BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC.L',� Agenda Item 2 Page 6 -s C7 F G 41 AOXVIT M ED aww -Woll'v sm. --w vam na N C w SWE EXISTING SITE PLAN BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. Agenda Item 2 Page 7 sau OLVWW_w I= —Vu "011—Lowl DEMOLITION PLAN — PHASE I BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. 14 #. Item 2 Page 8 Q r UM Pot[ IM PRCE I DEWM LEGEND sau OLVWW_w I= —Vu "011—Lowl DEMOLITION PLAN — PHASE I BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. 14 #. Item 2 Page 8 Q fX&M ILO MO 3 AWSAA IDMS Dears tea_ I nDPZ.,m L[W2 F46E W I UYOUT KEY MOTES are urea Ir MM MW eeea W ear. "" Wow a r) awn 7aaaed wro U40M m .« r.. Mon m a..ra Bron M wu a pA ssn a ene am r r r r. rrr. r oro. rr r aarr reoaerr erue+ � ours aerrrrr ra rN ew • rr rm v rcus r -r oa�rarY;u1 r ra en<m� PROPOSED SITE PLAN — PHASE I BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. ,. Agenda Item 2 Page 9 -A- DEMOLITION PLAN — PHASE 11 rt BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. lYL� ,Agenda Item 2 Page 10 cup & NiERNATK*6 oil • M MA� a MOM TON LEG00 Pi*9 I DELOWON Kh NOES 0 DEMOLITION PLAN — PHASE 11 rt BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. lYL� ,Agenda Item 2 Page 10 cup •.-----. nfsys2flT El . WWSE a PROPM LEGEND PLLLa r LOW WV WM Q w..frrr+raeMfffrnw p meff Now p—� a®--+ CW wl�a *A" p Doff mriww MLL a sm u p rra ar s Dor an arum ® IYft MWffffrf _.�.— arffwrs aoro R , 47 1"Mc p . ffrr flue "-m ae .» ® ri rm �, 44 rrwe eoYOnrff rc ar rr toe[ N rffn w+nff awe �lfflk rl[ ® ffw rffr WWSE a PROPM LEGEND PLLLa r LOW WV WM Q w..frrr+raeMfffrnw p meff Now p—� a®--+ *A" p Doff mriww MLL a sm u p rra ar s Dor an arum O .eLLlaruoaff■ aoro R , 47 1"Mc p . ffrr flue "-m ae .» ® Lrws wo1111u r wl� r wo r. lvA3M / $WM s MXNWA W.8R1RA ML WRs rr MU rye rws ffr � eomm r w rr r •r � >. o.ffr wpo r rreff 1 fart r+ffff sao�mEaLc f rarc ivt rm w rm PROPOSED SITE PLAN — PHASE II BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. �c Agenda Item 2 Page 11 0 Z cr w z w c� Z J O M5 W BUILDING RENDERING & SIGN BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. Agenda Item 2 'tib Page 12 ZONING HISTORY # DATE REQUEST ACTION 1 04/12/2011 Conditional Use Permit (Religious Use Granted 12/03/2003 Non -conforming Granted 2 03/27/2001 Conditional Use Permit Church Granted 3 05/09/2000 Conditional Use Permit Bulk Storage) Granted 4 08/27/1996 Conditional Use Permit Bulk Storage) Withdrawn before CC 03/09/1994 Conditional Use Permit Auto Sales Granted 5 02/11/1992 Variance Granted 12/12/1983 Conditional Rezoning B-2 to A-1 Granted 6 09/17/1991 Conditional Use Permit Rehab Center Granted 7 08/24/1987 Conditional Use Permit (Storage Yard Granted 8 02/04/1985 Conditional Rezoning B-2 to A-2 Granted 9 03/16/1981 Conditional Rezoning B-2 to A-1 Granted BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. Agenda Item 2 Page 13 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Buddhist Education Center of America Dong Hung Temple, Inc. (a non -stock corporation) Thanh boon- P",boc Ph,,,.,- V.P. 13, ,h rrinl+ - d? Knk,Un tee- Sc, nmr"; e.em &Ah iger- 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NIA Check here H the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) E]Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. TTY—S. next page for footnotes Does an official or enMiloyee of the City of Virginia Beach have an interest in the subject land? Yes No I l l If yes, what is the name of the official or employee and the nature of their interest? Modikoatron of Conditions Appkation Page 10 of 11 Revised ?V7 DISCLOSURE STATEMENT BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. Agenda Item 2 Page 14 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) John G. Stepanovich, Esq. & Hunter D. Hanger, Esq. Attorneys for Applicant Luu Phu, Engineer for Applicant �J�'W M, w, Architect for Applicant 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (t) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicants Signature Print Name Property Owner's Signature (if different than applicant) Print Name Modificabm d Conditions Application Page 11 of 11 Revised 7/3/2007 DISCLOSURE STATEMENT BUDDHIST EDUCATIONAL CENTER OF AMERICA — DONG HUNG TEMPLE, INC. Agenda Item 2 Page 15 Item #2 Buddhist Educational Center of America — Dong Hung Temple, Inc. Modification of a Conditional Use Permit 423 Davis Street District 2 Kempsville December 14, 2011 CONSENT An application of Buddhist Educational Center of America — Dong Hung Temple, Inc. for a Modification of a Conditional Use Permit previously approved by City Council on April 12, 2011 on property located at 423 Davis Street, District 2, Kempsville. GPIN: 1467-49-3165-0000. CONDITIONS 1. Obtain all necessary alteration permits and a Certificate of Occupancy for the change of use from the Department of Planning Permits and Inspections Division and the Fire Department before occupancy and the use of the existing building for a religious facility. 2. With Phase II, curb and gutter may be required. 3. Submit a site plan to the Department of Planning Development Services Center for the development of the required parking, stormwater management and landscaping improvements to this site. 4. All statues shall meet the required front yard, rear yard and side yard setbacks. 5. Prior to installation of paved parking lot lighting, submit a photometric plan for review and approval. 6. When the property is developed, it shall be developed substantially as shown on the exhibits entitled 'Buddhist Education Center of America (Center) Sheets 1- 7 of 7" undated, a copy of which is on file with the Virginia Beach Department of Planning. 7. Existing landscape buffer around perimeter of property to remain and should be enhanced with native evergreen trees against any residential. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance Item #2 Buddhist Educational Center of America — Dong Hung Temple, Inc. Page 2 of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site By a vote of 11-0, the Commission approved item 2 by consent. Hunter Hanger appeared before the Commission on behalf of the applicant. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Commission approved item 2 by consent. Hunter Hanger appeared before the Commission on behalf of the applicant. -39 - Item V -K.2. PLANNING ITEM # 58292 Attorney R. E. Bourdon, Pembroke Office Park, Building 1, 281 Independence Boulevard, Phone: 499-8971, represented the applicant and read each of the Proffers containing amendments re the development of Village Bend. The applicant Alan Resh was in attendance Tina Milligan, President — Newcastle Civic League, 3801 Southcross Court, Phone: 427-1051, spoke in SUPPORT. and was in agreement with the proffers submitted. Upon motion by Council Lady Henley, seconded by Councilman Diezel, City Council ADOPTED an Ordinance upon application of ARGOLD DAM NECK, L.L.C. for a Change of Zoning District Classification from R-15 Residential District and AG -1 Agricultural District to Conditional R-7.5 Residential District at Dam Neck Road and Southcross Drive to develop single-family dwellings. ORDINANCE UPON APPLICATION OF ARGOLD DAM NECK, L.L. C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 15 RESIDENTIAL DISTRICT AND AG -1 AGRICULTURAL DISTRICT TO CONDITIONAL R-7.5 RESIDENTIAL DISTRICT ZO11081216 BF, IT HEREBY ORDAINED BY THE COUNCL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Argold Dam Neck, L.L.C. for a Change of Zoning District Classification from R-15 Residential District and AG- I Agricultural District to Conditional R-7.5 Residential District on property located on the south side of Dam Neck Road, approximately 180 feet east of Southcross Drive (GPIN 1484166408 — part oj). DISTRICT 7 — PRINCESS ANNE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court And is hereby made apart of the record. This Ordinance shall be effective in accordance with Section 107 () of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fifth of November Two Thousand Eight Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 25, 2008 ddlllb 49dilli- "C x CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC, Modification of Conditional Change of Zoning, Southside Dam Neck Road, east of Southcross Drive Comprehensive Plan — Suburban Area Density: 3.2 DU/acre (GPINs 1484263789,1484261703,1484262739,1484177090,1484260665,1484262817, 1484260500,1484260548,1484261859,1484177024,1484261404,1484260971, 1484169474,1484167971,1484261522,1484260903,1484169806,1484261549, 1484167623,1484169873,1484261685,1484169925,1484260871,1484261793; 1484262336;1484262463; 1484262580; 1484271036; 1484263507;1484263635; 1484263752; 1484264806; 1484264935; 1484273060; 1484179191; 1484270068; 1484272082; 1484272015; 1484169347; 1484164715). PRINCESS ANNE DISTRICT. MEETING DATE: January 24, 2012 ■ Background: The applicant is requesting to modify a Conditional Rezoning approved by the City Council on November 25, 2008 to allow a change in the residential dwelling elevations and the square footage of the dwelling units. The design of the neighborhood will not change. The 2008 Rezoning has twelve proffers. The applicant is requesting modifications to Proffer 3 and Proffer 4. EXISTING PROFFER 3: When the Property is developed, there will be no more than one hundred thirteen (113) single family dwelling units on the lots. The homes will contain a minimum of 2400 square feet of living area for a two story dwelling and 2000 square feet of living area for a one story. Each home shall have a garage and the architectural designs and building materials utilized shall be substantially as exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Pictures"). EXISTING PROFFER 4: When the property is developed, the party of the first part shall record a Declaration submitting the Lots and all the Property outside the public rights of way to a mandatory membership Property Owners' Association which shall be responsible for maintaining the park, all open spaces, common areas, landscaping, entrance feature and other improvements on the Property as depicted on the Site Plans. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create any additional residential building lots in excess of one hundred and thirteen (113). McQ Builders, LLC & Kroll Enterprises II, LLC Page 2 of 2 ■ Considerations: The applicant wishes to reduce the floor area in square feet for the two-story dwellings and increase the floor area in square feet for the one-story dwellings. In addition, a reduction from 113 building lots to 103 building lots is proposed due to a redesign needed after surveying the property. The survey resulted in a reduction in the number of building lots. The applicants are builders with new product types that are substantially compatible with the approved building elevations, but smaller in size than the approved proffers allowed. This proposed single-family residential development is compatible with surrounding land uses and is generally in keeping with the policies of the Comprehensive Plan. Staff recommends approval of this request with the modified proffers, which are attached. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council as proffered. IN Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: k , �,-- PRINCESS ANNE MrQ Builders, LLC & Kroll Enterprises 11 LLC14 F?�p K + January 11, 2012 Public Hearin rY 9 xtn s AGI APPLICANT: y � MCQ BUILDERS L.L.C. & KROLL ENTERPRISES II .�� L.L.C. PROPERTY OWNER: r : v,�ow. � veva o..ny.:a�.. Modification of Conditions VILLAGE BEND, rv=.. « !)A �Mrt�f«Nry Wft A- L.L.C. STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional Change of Zoning approved by the City Council on November 25, 2008. ADDRESS / DESCRIPTION: Southside of Dam Neck Road, approximately 170 feet east of Southcross Drive GPIN: ELECTION SITE 1484263789, 1484164783, 1484261703, 1484262739, 1484177090, DISTRICT: SIZE: 1484260665, 1484262817, 1484260500, 1484272002, 1484260548, PRINCESS 32.58 1484261859, 1484177024, 1484261404, 1484260971, 1484169474, ANNE acres 1484167971, 1484261522, 1484260903, 1484169806, 1484261549, AICUZ: 1484167623, 1484169873, 1484261685, 1484169925, 1484260871, Less 1484261793, 1484261793,1484262336,1484262463, 1484262580, than 65 1484271036, 1484263507,1484263635, 1484263752, 1484264806, dB DNL 1484264935,1484273060,1484179191,1484270068,1484272082, 1484272015,1484169347,1484164715 SUMMARY OF REQUEST The applicant is requesting to modify a Conditional Rezoning approved by the City Council on November 25, 2008 to allow a change in the residential dwelling elevations and the square footage of the dwelling units. The basic concept of the proposed development will not change. MCQ BUILDERS, LLC & KROLL EN Benda Ite 14 P 1 This Conditional Rezoning from R-15 Residential District and AG -1 Agricultural to Conditional R-7.5 Residential District has 12 proffers. The applicant is requesting modifications to Proffer 3 and Proffer 4. EXISTING PROFFER 3: When the Property is developed, there will be no more than one hundred thirteen (113) single family dwelling units on the lots. The homes will contain a minimum of 2400 square feet of living area for a two story dwelling and 2000 square feet of living area for a one story. Each home shall have a garage and the architectural designs and building materials utilized shall be substantially as exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Pictures"). EXISTING PROFFER 4: When the property is developed, the party of the first part shall record a Declaration submitting the Lots and all the Property outside the public rights of way to a mandatory membership Property Owners' Association which shall be responsible for maintaining the park, all open spaces, common areas, landscaping, entrance feature and other improvements on the Property as depicted on the Site Plans. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create any additional residential building lots in excess of one hundred and thirteen (113). The applicant wishes to reduce the square footages for the 2 -story dwellings and increase the square footages for the 1 -story dwellings. In addition, a reduction from 113 building lots to 103 building lots is proposed due to a redesign of the site after the survey of existing conditions. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Residential development currently under construction SURROUNDING LAND North: . Across Dam Neck Road are single-family dwellings and New USE AND ZONING: Castle Elementary School / R-7.5 Residential District and AG -1 Agricultural District South: . Church and rural residential / R-15 Residential District East: . City of Virginia Beach General Services and Parks & Recreation offices as well as proposed Little League baseball fields / AG -1 Agricultural District West: . Single-family dwellings / R-15 Residential District NATURAL RESOURCE AND The majority of the site was a fallow farm field. A portion of the western CULTURAL FEATURES: side of the site is wooded. Currently, a portion of the site is under construction for a residential development There are no known significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1 to 3-2). MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC Agenda Item 14 Page 2 CITY SERVICES There are no significant impacts to City services based on the reduction in the number of building lots or the change to the square footages of the dwelling unit. MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Dam Neck Road in the vicinity of this application is considered a two-lane suburban major arterial. The Master Transportation Plan Major Street Network Ultimate Rights -of -Way adopted May, 2010, lists this segment with an ultimate four -lane section in a 125' right-of-way. This segment of Dam Neck Road is part of Capital Improvement Program Project #2.152.000 Elbow Road Extended — Ph. II (First Cities Project), which will widen it to the ultimate four -lane section. Construction has begun at the site based on an approved site plan (DSC File #F11-627) with the existing zoning and conditions. The approved site plan and the existing conditions were coordinated with the Elbow Road Extended — Phase II Project. The new site plan will need to be coordinated with it as well. EVALUATION AND RECOMMENDATION This residential development proposal was approved previously but was redesigned after surveying the property resulting in a reduction in the number of building lots. The applicants are builders with new product types that are substantially compatible with the approved building elevations, but smaller in size than the approved proffers allow. This proposed single family residential development is compatible with surrounding land uses and is generally in keeping with the policies of the Comprehensive Plan. Staff recommends approval of this request with the modified proffers submitted below. 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: Proffer numbered 3 as set forth in the 2008 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 3. When the Property is developed, it shall be subdivided into no more than one hundred three (103) single family residential building lots. The homes will be built on a crawlspace or a minimum 12" elevated solid foundation (i.e. slab) with a front brick skirt. Two-story homes shall be constructed with a minimum of 2300 square feet of enclosed heated living area and one-story homes shall be constructed with a minimum of 2100 square feet of enclosed heated living area. Each home shall have a two (2) car garage (minimum dimension 18'x 18') and corresponding driveway. The architectural designs and building materials utilized shall be substantially as exhibited on the pictures labeled "Home Styles at Village Bend" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Pictures"). When constructed, each home shall have, at a minimum, 25 -year architectural shingles, maintenance free vinyl soffits, and sodded front yards. MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC Agenda Item 14 Page 3 PROFFER 2: Proffer numbered 4 as set forth in the 2008 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 4. When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all the Property outside the public rights of way to a mandatory membership Property Owners' Association which shall be responsible for maintaining the park, playground equipment, all open spaces, common areas, vegetated buffer easement, landscaping, entrance feature and other improvements on the Property as depicted on the Site Plans. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create any additional residential building lots in excess of one hundred and three (103). PROFFER 3: Except for the modification by replacement of Proffers numbered 3 and 4, the remaining ten (10) proffered covenants, restrictions and conditions as set forth in the"2008 Proffers" are hereby ratified and affirmed. STAFF COMMENTS: The proffers listed above are acceptable as they assure the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated April 29, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this 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. MCQ BUILDERS, LLC & KROLL ENTERPRISES 11, LLC Agenda Item 14 Page 4 +7 A. -Nec k lRdw COO Af, Sale Rd. Or u SITE PLAN MCQ BUILDERS, LLC & KROLL ENTERPRISES 11, LLC ]'l Agenda Item 14 7- Page 6 JC ]I o The Richmond Elevation A PROPOSED BUILDING ELEVATIONS MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC Agenda Item 14 >'? Page 7 � i< � � 3 The Birmingham Standard Porch Model C Full Wrap Porch Model C PROPOSED BUILDING ELEVATIONS 1 MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC tfp Agenda Item 14 Page 8 -it PROPOSED BUILDING ELEVATIONS MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC Agenda Item 14 Page 9 z ?r the Townsend F --till I Standard Elevation Model D .^ E I Optional third Bath npTlo✓\uL GI -,V 1' j�lI, ua.a.L .. 1Y" BIYRT A -111f 1N0 I p[nb �._ fP �i�yrpssroe PF .� I� es7 ns PROPOSED BUILDING ELEVATIONS MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLCM Agenda Item 14 >, Page 10 Elevation A Model 3 'Ihe Savannah Elevation C -AF' Model 3 Elevation B Model 3 PROPOSED BUILDING ELEVATIONS tS MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC Agenda Item 14 Page 11 .s g/ Model #2400 — E1021 ion A Model N2400 — Elevation 8 PROPOSED BUILDING ELEVATIONS MCQ BUILDERS, LLC & KROLL ENTERPRISES 11, LLC Agenda Item 14 A Page 12 Modd 02400 - Ekvotion C •pari//�%�,�,�///Jl//� • �srY//..� .r// � pis...... ........ Mo" #2400 #2400 - EkvaUon U „�/ ,�'r�'i.�i zomo '-- PROPOSED BUILDING ELEVATIONS MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC Lf�� Agenda Item 14 r Page 13 Model #919 � ���//f./.��.r�'�,�s',!" ,.�/,iii' -kbMM'-' t� 3'vY 4 �> Page 14 21;q -1"e rr 1/�////////1/1///� ///� PROPOSED BUILDING ELEVATIONS MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC t� Agenda Item 14 �> Page 14 OLK Model #919 A Gable over Garage PROPOSED BUILDING ELEVATIONS MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC 3't Agenda Item 14? Page 15 £' 94 S Vp N;, �'. Model #300 Elevation Al Model 0300 Elevation Al with Bay �. AL 1 PROPOSED BUILDING ELEVATIONS MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC Agenda Item 14 Jl Page 16 4 } r ! V"4 v'� • {:4. .Wer � .. .. PROPOSED BUILDING ELEVATIONS MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC Agenda Item 14 Jl Page 16 4 } rte:• (Ir � � ,� t I �I w M• C Jr v Elevation A with optional Dormer Elevation u win upnow vane PROPOSED BUILDING ELEVATIONS MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC Agenda Item 14 Page 18 iz L� �W 41r A Gable With A Cable man Swag" sow PROPOSED BUILDING ELEVATIONS I`? MCO BUILDERS, LLC & KROLL ENTERPRISES II, LLC Agenda Item 14 r3 Page 19 F ,w 4 M ,1MMW .rMIMII- HEM ®.v--- - 44 PROFFERED BUILDING ELEVATIONS MCQ BUILDERS, LLC 8, KROLL ENTERPRISES II, LLC7i Agenda Item 14 r Page 20 �. OUR LFA J( PHOTOGRAPH OF DEVELOPMENT CURRENTLY UNDER CONSTRUCTION MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC Agenda Item 14 Page 21 PRINCESS ANNE McQ Builders, LLC AhmoF-1t to a!e Kroll Enterprises II, LLC M AG1 TA 'Zoning with Conditions -Proffers. Open Modification of Conditions Space Promotion or PDH -1 Overhys ITA - Interiac i6ty Traffic Area ZONING HISTORY # DATE REQUEST ACTION 1 11/25/08 Use Permit (Religious Facility) Approved 08/28/07 Change of zoning from R-15 & AG -1 to Denied Conditional A-12 2 12/10/02 Change of zoning from R-15 & B-2 to Granted Conditional R -5D with a PD -1-12 Overlay 3 05/27/97 Change of zoning from 0-2, B-2, R-10, P-1 & Granted H-1 to AG -1 05/29/91 Change of zoning from AG -1 to Conditional O- Granted 2, B-2, R-10, P-1 & H-1 4 09/18/89 Change of zoning from R-15 & AG -1 to Granted Conditional R-7.5 5 07/02/84 Conditional Use Permit (counter tops) Granted 07/17/78 Conditional Use Permit (trailers) Granted ;•.max.-� MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC ti Agenda Item 14 ;r > Page 22 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) McQ Builders, L.L.C.: William McCutcheon, Managing Member Kroll Enterprises 11, L.L.C.: Jeffrey Kroll, Managing Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Village Bend, LLC: John Bishard, Managing Member, Steven Bishard, Wayne Crosby and Richard Hine, Members 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 91111004 DISCLOSURE STATEMENT MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC Agenda Item 14 Page 23 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) Sykes, Bourdon, Ahem & Levy, P.C. Harry R. Purkey, Jr., Esquire ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions i ackage. McQ Ruilders,d_d X-� By: Gj Applicant's Modification of Conditions Application Page 11 of 11 Reniscd 9!1/2004 applicant) William McCutcheon, Mg. Member Print Name John Bishard, Managing Member Print Name DISCLOSURE STATEMENT MCQ BUILDERS, LLC & KROLL ENTERPRISES II,LLC Agenda Item 14 Page 24 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) Sykes, Bourdon, Ahem & Levy, P.C. Harry R. Purkey, Jr., Esquire ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the ins 'ons ' this package. Kroll Enterprises II C. By: Jeffrey Kroll, Managing Member Applicant's Signature Print Name Villa e , L.L.C. BY John Bishard, Managing Member Prop Owner's Signature (if differerif than applicant) Print Name 1. Modification of Conditions Application Page 11 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT MCQ BUILDERS, LLC & KROLL ENTERPRISES II, LLC Agenda Item 14 Page 25 Item #14 McQ Builders, L.L.0 & Kroll Enterprises II, L.L.C. Modification of Conditional Change of Zoning Southside of Dam Neck Road District 7 Princess Anne January 11, 2012 CONSENT An application of McQ Builders, L.L.C. and Kroll Enterprises II, L.L.0 for a Modification of Conditional Change of Zoning approved by City Council on November 25, 2008 on property located on the south side of Dam Neck Road, approximately 170 feet east of Southcross Drive, District 7, Princess Anne. GPIN: 1484263789, 1484164783, 1484261703, 1484262739, 1484177090,1484260665,1484262817,1484260500,1484272002,1484260548,1484261859, 1484177024, 1484261404, 1484260971, 1484169474, 1484167971, 1484261522, 1484260903, 1484169806,1484261549,1484167623,1484169873,1484261685,1484169925,1484260871, 1484261793. AYE 9 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 1 By a vote of 9-0, the Commission approved item 14 by consent. ABSENT Eddie Bourdon appeared before the Commission on behalf of the applicant. BRa __1A U � � 9 2 ZO ♦ � � 2 4 S 9 Op OUR NPZ'ON In Reply Refer To Our File No. DF -8228 TO: Mark D. Stiles FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: January 13, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; MCQ Builders, LLC & Kroll Enterprises 11, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on January 24, 2012. 1 have reviewed the subject proffer agreement, dated December 15, 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/ka Enclosure cc: Kathleen Hassen✓ PREPARED BY: OM SMS. BOURDON, MH A11ERN & LEVY. IT. FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS McQ BUILDERS, LLC -1, a Virginia limited liability company KROLL ENTERPRISES II, L.L.C., a Virginia limited liability company VILLAGE BEND, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15th day of December, 2011, by and between McQ BUILDERS, LLC -1, a Virginia limited liability company, party of the first part, Grantor; KROLL ENTERPRISES II, L.L.C., a Virginia limited liability company, party of the second part, Grantor; VILLAGE BEND, L.L.C., a Virginia limited liability company, party of the third part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the third part has recorded two (2) plats subdividing 32.58o acres of land located in the Princess Anne District of the City of Virginia Beach, Virginia (hereinafter referred to as the "Property") which plats are entitled, "PLAT OF SUBDIVISION VILLAGE BEND PHASE lA CITY OF VIRGINIA BEACH, VIRGINIA" and "PLAT OF SUBDIVISION VILLAGE BEND PHASE 1B CITY OF VIRGINIA BEACH, VIRGINIA", which plats are recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20110920000973170 and Instrument Number 20111213001274240; and GPIN: 1484-26-3789 1484-26-2336 1484-26-3635 1484-27-3o6o 1484-27-Oo68 1484-16-7971 1484-26-1522 1484-26-o903 1484-16-98o6 1484-26-1549 1484-26-0500 1484-26-2463 1484-26-3752 1484-27-2082 1484-17-9191 1484-16-9873 1484-26-1685 1484-16-9925 1484-26-o871 1484-26-1793 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 1484-16-9474 1484-26-258o 1484-26-48o6 1484-27-2015 1484-16-9347 1484-26-1703 1484-26-2739 1484-17-7090 1484-26-o665 1484-26-2817 1484-16-7623 1484-26-3507 1484-26-4935 1484-27-1036 1484-16-4715 1484-26-0548 1484-26-1859 1484-17-7024 1484-26-1404 1484-26-0971 PREPARED BY: 00 SYKES, B®URDON. 109 AI4ERN & LEVY. I.C. WHEREAS, the party of the third part is the owner of seventeen (17) lots, Common Area 1 and the one (1) Residual (future development) Parcel, as depicted on the subdivision plats, containing a total of 25.923 acres which lots and parcel are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part is the owner of ten (10) lots as depicted on the subdivision plat containing a total of 1.925 acres, which lots are more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, the parry of the second part is the owner of ten (10) lots as depicted on the subdivision plat containing a total of 1.915 acres, which lots are more particularly described in Exhibit "C" attached hereto and incorporated herein by this reference; and WHEREAS, the Grantors as the owners of all the Parcels and Lots which comprise the Property have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated November 29, 2007 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument #20081205001382120 (hereinafter "2008 Proffers"), to reflect an amendment applicable to the land use plan on the Property; and WHEREAS, with the exception of Proffers numbered 'Y' and "4", it is the Grantors' intent to reaffirm all of the covenants, restrictions and conditions set forth in the 2oo8 Proffers; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that 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 to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the 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 Grantors' proposed modification of conditions to the zoning gives rise; and 2 PREPARED BY: 010 SYK£S, BOURDON, 09 AP£RN & LEVY, P.C. WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amended declaration of conditions and restrictions which, along with the unchanged covenants, conditions and restrictions set forth in the 2oo8 Proffers shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 3 as set forth in the 2008 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 3. When the Property is developed, it shall be subdivided into no more than one hundred three (103) single family residential building lots. The homes will be built on a crawlspace or a minimum 12" elevated solid foundation (i.e. slab) with a front brick skirt. Two story homes shall be constructed with a minimum 2300 square feet of enclosed heated living area and one story homes shall be constructed with a minimum of 2100 square feet of enclosed heated living area. Each home shall have a two (2) car garage (minimum dimension 18' x 18') and corresponding driveway. The architectural designs and building materials utilized shall be substantially as exhibited on the pictures labeled "Home Styles at Village Bend" which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department (the "Pictures"). When constructed, each home shall have, at a minimum, 25 -year architectural shingles, maintenance free vinyl soffits, and sodded front yards. Q PREPARED BY: FOM SYKES, B®URD©N, Oil A14ERN & LEVY. R.C. 2. Proffer numbered 4 as set forth in the 2008 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 4. When the Property is developed, the party of the first part shall record a Declaration submitting the Lots and all of the Property outside the public rights of way to a mandatory membership Property Owners' Association which shall be responsible for maintaining the park, playground equipment, all open spaces, common areas, vegetated buffer easement, landscaping, entrance feature and other improvements on the Property as depicted on the Site Plans. The Declaration shall also include a Deed Restriction which precludes further subdivision of the Property to create any additional residential building lots in excess of one hundred and three (103). 3. Except for the modification by replacement of Proffers numbered 3 and 4, the remaining ten (10) proffered covenants, restrictions and conditions as set forth in the 2008 Proffers" are hereby ratified and affirmed. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree 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 al PREPARED BY: 13.18 SYKES, BOURDON, Mil AHERN & LEVY, P.C. Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions 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 these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: McQ Builders, LLC -i, a Virginia limited liability company By. �� (SEAL) Wil iam H. McCutcheon, Jr., Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 6th day of January, 2012, by William H. McCutcheon, Jr., Manager of McQ Builders, LLC -1, a Virginia limited liability company, Grantor. k" Notary Public My Commission Expires: August 31, 2014 Notary Registration No.: 192628 PREPARED BY: 1318 SYKES, R®URDON. M9 A#ERN & LEVY. P.C. R WITNESS the following signature and seal: Grantor: Kroll Enterprises II, L.L.C., a Virginia limited liability rmm�anv STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: EAL) The foregoing instrument was acknowledged before me this 5th day of January, 2012, by Jeffrey Kroll, Managing Member of Kroll Enterprises II, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2014 Notary Registration No.: 192628 PREPARED BY: OM SMS, BOURDON, IRU All W, & LEVY, ff. '' C7 J Notary Public 7 WITNESS the following signature and seal: Grantor: Village Bend, L.L.C., a Virginia limited liability company C John Bishard, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this 5th day of January, 2012, by John Bishard, Managing Member of Village Bend, L.L.C., a Virginia limited liability company, Grantor. My Commission Expires: August 31, 2014 Notary Registration No.: 192628 PREPARED BY: 018 SYKES, BOURDON, 1011 AIERN & LLATY. P.C. otary Public E: EXHIBIT 'W' VILLAGE BEND, L.L.C. LOTS: ALL THOSE certain lots, pieces or parcels of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lots 47, 83, 84, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 53, 54, 55 and 85, COMMON AREA 1, REMAINDER OF PARCEL B -1A, as shown on the plats entitled "PLAT OF SUBDIVISION VILLAGE BEND PHASE 1A CITY OF VIRGINIA BEACH, VIRGINIA", dated July 20, 2011 and "PLAT OF SUBDIVISION VILLAGE BEND PHASE 1B CITY OF VIRGINIA BEACH, VIRGINIA", dated November 18, 2011, made by AES Consulting Engineers, which plats are recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110920000973170 and Instrument Number 20111213001274240. GPIN: 1484-26-3789 1484-26-2336 1484-26-3635 1484-27-3o6o 1484-27-0o68 PREPARED BY: 010 SYKES, B®UPDON. Mil A14EPN & LEVY. IT. 1484-26-0500 1484-26-2463 1484-26-3752 1484-27-2082 1484-17-9191 E 1484-16-9474 1484-26-2580 1484-26-48o6 1484-27-2015 1484-16-9347 1484-16-7623 1484-26-3507 1484-26-4935 1484-27-1036 1484-16-4715 PREPARED BY: MM SMS. BOURDON, Wil AIIERN & LEVY, K. EXHIBIT "B" McQ BUILDERS, LLC -1 LOTS: ALL THOSE certain lots, pieces or parcels of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lots 76, 78, 80, 82, 94, 96, 98, 100, 102 and 103, as shown on the plat entitled "PLAT OF SUBDIVISION VILLAGE BEND PHASE 1A CITY OF VIRGINIA BEACH, VIRGINIA", dated July 20, 2011 and made by AES Consulting Engineers, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110920000973170. GPIN: 1484-16-7971 1484-16-9873 1484-26-1703 1484-26-0548 1484-26-1522 1484-26-1685 1484-26-2739 1484-26-1859 1484-26-0903 1484-16-9925 10 PREPARED BY: 10.19 SPICES, BOURDON, WN AURN & LEVY. IT. EXHIBIT "C" KROLL ENTERPRISES II, L.L.C. LOTS: ALL THOSE certain lots, pieces or parcels of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lots 56, 57, 77, 79, 81, 93, 95, 97, 99 and lol, as shown on the plat entitled "PLAT OF SUBDIVISION VILLAGE BEND PHASE 1A CITY OF VIRGINIA BEACH, VIRGINIA", dated July 20, 2o11 and made by AES Consulting Engineers, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110920000973170. GPIN: 1484-17-7090 1484-17-7024 1484-16-98o6 1484-26-o871 1484-26-0665 1484-26-1404 1484-26-1549 1484-26-1793 1484-26-2817 1484-26-0971 \\Sykesw2k\users\AM\Mod of Proffers\McQ Builders\ist Amendment to Proffers—Clean 1-04-12.doc 11 y�T CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — Ordinance to amend Sections 2100 & 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 24, 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. This item was deferred by the City Council on January 10, 2012. ■ 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: Staff recommended approval. Planning Commission recommended approval. Submitting Department/Agency: Planning Departmen - - City Manager: w, 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 & 2:102 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 6 (WORKFORCE HOUSING) OF THE CITY 7 ZONING ORDINANCE, DEFINITIONS, AND 8 ELIGIBILITY REQUIREMENTS FOR 9 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 -(4-) affordable by households with annual incomes of ho+, -men 25 eighty (80) perGent and ene hundFed hventy (120) peFGent of Area MediaR IRreme 26 , 27 , fallinq 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 eighty (80) pemeRt, Rinety (90) 62 , 63 , or to eligible renters at sixty 64 , eighty (180) peFGent ninety (90) peFGeRt and, wheFe 65 designated percentages of 66 Area Median Income. 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 ene the prospective buyer works and lives. 80 hou6ing URit, annual gFOSS inGeme must generally be behmeeR eighty (80) peFGent and 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 one the prospective renter works and lives. k 87 aRRual g a must geneFally be betweeR sixty (60) peFGent and ninety (90) 88 peFGeRt of AFea Median InGOme OF, 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. ., 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 begin-s+xty (60) 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 (j) 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: Planning APPROVED AS TO LEGAL SUFFICIEN City Attorney's Office APPROVED AS TO CONTENT: Dept. of Housing and Neighborhood Preservation El M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY MEDICAL ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS and RECREATION COMMISSION PLANNING COMMISSION SOCIAL SERVICES BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 2012 CITYHOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day 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 OF VIRGINIA BEACH CITY MANAGER'S BRIEFINGS SUMMARY OF COUNCIL ACTIONS COMPARATIVE INDICATORS David Bradley, DATE: 01/10/2012 Management D S Services PAGE: I E D H E W D S I E J S U I AGENDA A T E D N O M S H L W [TEM # SUBJECT MOTION VOTE 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 CITY MANAGER'S BRIEFINGS COMPARATIVE INDICATORS David Bradley, Management Services Administrator — Management Services B LYNNHAVEN ENVIRONMENTAL Clay Bernick, RESTORATION Environment and sustainability Administrator — Plannin II/III/IV/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNI.E SESSION F MINUTES —December 13, 2011 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y ADDED FORMAL SESSION AGENDA 10-1 Y Y Y Y Y Y N Y Y Y Y ADDED Resolution requesting General Assembly refrain from changing state law re opening school date G/H-1 MAYOR'S PRESENTATIONS RESOLUTION OF RECOGNITION a. PLAZA VOLUNTEER FIRE AND William J. RESCUE — 50" Anniversary Walker, Captain 2 VICTIM WITNESS PROGRAM OF THE Mary Ware, YEAR AWARD Director — Virginia Criminal Injuries Compensation Fund and Harvey Bryant, Commonwealth's Attorney 3 IIMC DESIGNATION — Master Municipal Sandi Thompson Clerk — Deputy City Clerk II I/J-1 Ordinances to AMEND the City Code: DEFERRED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT TO a. Sect 16-44/1645/16-47/16-48/16- 01/24/2012 49/6-51/16-54 re Workforce Housing units b. Sect 21-407 re towing/storage of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y YY vehicles CONSENT CITY OF VIRGINIA BEACH Ordinance re SALE of School Board ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y property for the Thalia Transfer Station/ CONSENT DATE: 01/10/2012 ALLOW School Board to retain sale D S proceeds PAGE: 2 E D H E W 3 D S I Y E J Y S U I Y AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE V E Z Y L N O O R S O I P E E E E S M 1 O O S H L R Y S S S N N D 2 Ordinance re SALE of School Board ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y property for the Thalia Transfer Station/ CONSENT ALLOW School Board to retain sale proceeds 3 Ordinance to RESCIND Ordinance 2898A ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (approved October 11, 2005) re acquisition CONSENT of property for expansion of the City's landfill 4 Resolution to REQUEST DEQ to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y DESIGNATE the Regional Solid Waste CONSENT Management Unit/DESIGNATE HRPDC as the Regional Solid Waste Management Unit Agency 5 Ordinance to AUTHORIZE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into portion of City -owned CONSENT right-of-way (Lake Wesley) for DAVID I. ANSELL at the front/rear of 517 Virginia Dare Drive 6. Ordinances to ACCEPT, ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE and TRANSFER: CONSENT a. $230,500 from Homeland Security to Police re response capabilities of the Marine Unit b. $206,828 from Va Health/Emergency ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Medical Services, to EMS re additional CONSENT rescue equipment medical supplies c. $97,000 from Commonwealth of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Virginia/$108,426 from General Fund to CONSENT the General Registrar re the March 2012 Presidential Primary Election d. Funds within the FY 2011-12 School ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Budget CONSENT 1) $213,203 from Instruction to Technology 2) $172,803 from Administration to Technology 3) $ 8,264 from Operations/ Maintenance to Technology 4) $ 8,157 from Technology to Operations/Maintenance e. Donation of $54,000 in medical ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y supplies/equipment from HRPDC to CONSENT EMS disaster medical support unit ADDED Resolution requesting the General ADOPTED 10-1 Y Y Y Y Y Y N Y Y Y Y Assembly to refrain from changing the state law re post -Labor Day opening for schools until Joint Legislative Audit and Review commission has analyzed the economic impact of such a change CITY OF VIRGINIA BEACH STEVE'S TOWING, INC./W. CECIL APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y CARPENTER FAMILY TRUST CUP re CONDITIONED, DATE: 01/10/2012 BY CONSENT D S bulk storage of vehicles at 5890 Thurston PAGE: 3 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE V E Z Y L N O O R S O 1 P E E E E S M I O O S H L R Y S S S N N' D K-1 STEVE'S TOWING, INC./W. CECIL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CARPENTER FAMILY TRUST CUP re CONDITIONED, BY CONSENT bulk storage of vehicles at 5890 Thurston Avenue. DISTRICT 4 — BAYSIDE 2 ARAGONA CHURCH OF CHRIST DEFERRED I1-0 Y Y Y Y Y Y Y Y Y Y Y at 527 North Witchduck Road. INDEFINITELY, DISTRICT 4 - BAYSIDE BY CONSENT a. COZ from R-7.5 to Conditional PD -112 Overlay with underlying A-12 b. CUP re religious use 3 LBH, LLC/VIRGINIA BEACH ASSOC, DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y L.C. COZ from I-1 Conditional A-36 at INDEFINITELY, BY CONSENT 400/402 Military Highway DISTRICT 1 - CENTERVILLE 4 ASHVILLE PARK, LLC/ATC DEFERRED I1-0 Y Y Y Y Y Y Y Y Y Y Y REALTY SIXTEEN, INC. for a INDEFINITELY, Modification of Proffers on Conditional BY CONSENT COZ at Princess Anne Road Village B, Ashville Park. DISTRICT 7 - PRINCESS ANNE 5 NEW CINGULAR WIRELESS, LLC — APPROVED/ I1-0 Y Y Y Y Y Y Y Y Y Y Y T/A AT&T Modification of Condition No. CONDITIONED, 2 on CUP ( approved April 13, 20 10) re BY CONSENT wind loading requirement at 408 Sandbridge Road. DISTRICT 7 - PRINCESS ANNE 6 Ordinance to AMEND Sect 2100/2102 of DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y CZO re purpose/intent of Article 21 01/24/2012, BY Workforce Housing CONSENT I. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S COMMUNITY MEDICAL ADVISORY COMMISSION COMMUNITY SERVICES BOARD ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD PARKS AND RECREATION COMMISSION SOCIAL SERVICES ADVISORY BOARD BIKEWAYS AND TRAILS ADVISORY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE Unexpired term thru 06/30/2013 Daniel A. Koach CLEAN COMMUNITY COMMISSION Reappointed: 3 11-0 Y Y Y Y Y Y Y Y Y Y Y year term — 04/01/2011- 4/01/2011- 03/31/2014 03/31/2014 George Denice, Tammie Rice, Josie Sprague CITY OF VIRGINIA BEACH DEFERRED COMPENSATION BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Finance Director, DATE: 01/10/2012 Employee D S Relations Manager, PAGE: 4 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE V E Z Y L N O O R S O 1 P E E E E S M I O O S H L R Y S S S N N D DEFERRED COMPENSATION BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Finance Director, Employee Relations Manager, Schools Chief Financial Officer, John D. Moss, City Council Representative, William J. Brunke, W, Vice Chair, School Board, 1 Representative of the Schools, Director of Human Resources Payroll Administrator 1 Representative of the Sheriff, 1 Representative of the Schools HAMPTON ROADS ECONOMIC Reappointed: 1 11-0 Y Y Y Y Y Y Y Y y Y Y DEVELOPMENT ALLIANCE year term — Donald V. Jellig, Stephen R. Romine, William D. Sessoms, Jr., Dorothy Wood PLANNING COMMISSION Appointed: 4 year 11-0 Y Y Y Y Y Y Y Y Y Y Y term — 01/01/2012 — 12/31/2015 Jan Rucinski ADJOURNMENT 6:23 PM PUBLIC COMMENT — 6:24-6:30 PM 3 Speakers