MAY 8, 2012 AGENDACITY 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. DeSTEPH, At -Large
HARRY E. DIEZEI„ Kempsville -District 2
ROBERTM DYER, Centerville - District 1
BARBARA M. HEXLEY, Princess Anne — District 7
JOHN D.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
CITY ATTORNEY -MARK D. STILES
CITYASSESSOR JERALD D. BANAGAN
CITY AUDITOR — LYNDON S. REMIAS
CITY CLERK — R1ITH HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
8 May 2012
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE:(757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.cont
I. CITY COUNCIL LIAISON REPORTS - Conference Room - 3:30PM
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
5:00 PM
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Richard Keever, Chaplain
Westminster Canterbury
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
2. SPECIAL FORMAL SESSION/PUBLIC HEARING
3. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARINGS
1. REAL ESTATE TAX RATE (Proposed increase of 6¢)
2. INSTALLMENT PURCHASE AGREEMENT (ARP)
Head of River Road
3. LEASE OF CITY -OWNED PROPERTY
2nd Street and Atlantic Avenue
I. ORDINANCES/RESOLUTIONS
1. FY 2012-2013 Resource Management Plan
A. OPTION NUMBER ONE:
The Mayor and Vice Mayor's Reconciled Proposed Ordinances:
a. APPROPRIATIONS for the Fiscal Year Operations of $1,767,701,362
April 10, 2011
April 18, 2012
April 24, 2012
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of
Housing and Urban Development (HUD)
e. DECLARE $7 -Million within the Sandbridge Tax Increment Financing District as Surplus
in the 2011-12 Budget
f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall
Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing
Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a
Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence,
Sign, Right-of-way and certain other permits
IMPLEMENT the FY 2012-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE,
$277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7 -Million
(maximum) for public facilities and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27 -Million
(maximum)
d. REALIGN revenues of the Roadways CIP from various sources
B. Option Number Two:
Councilmen Moss and DeSteph Proposed Ordinances:
a. APPROPRIATIONS for the Fiscal Year of Operations $1,748,263,981
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of
Housing and Urban Development (HUD)
e. DECLARE $7 -Million within the Sandbridge Tax Increment Financing District as Surplus
in the 2011-12 Budget
f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall
Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing
Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a
Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence,
Sign, Right-of-way and certain other permits
IMPLEMENT the FY 2012-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE
$245,410,943 for the FY 2013 Capital Budget, subject to available funds from various sources
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7 -Million
(maximum) for public facilities and general improvements
AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27 -Million
(maximum)
d. REALIGN revenues of the Roadways CIP from various sources
C. Option Number Three:
City Manager's Proposed Ordinances:
a. APPROPRIATIONS for the Fiscal Year of Operations $1,758,559,231
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of
Housing and Urban Development (HUD)
e. DECLARE $7 -Million within the Sandbridge Tax Increment Financing District as Surplus
in the 2011-12 Budget
f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall
Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing
Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a
Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence,
Sign, Right-of-way and certain other permits
IMPLEMENT the FY 2012-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE
$277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7 -Million
(maximum) for public facilities and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27 -Million
(maximum)
d. REALIGN revenues of the Roadways CIP from various sources
2. Ordinances to AMEND the City Code:
a. §§16-22.2, 16-12.4 and 16-12.9 re enforcement of Residential Rental Inspection Districts
b. §23-58(f)(6) re Commercial Parking Lots
3. Ordinances to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement
to Barry D. and Paula W. Knight in the amount of $184,652 at Head of River Road
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with renewal options
between CBM Company t/a Schooner Inn and the City for property at 2nd Street and Atlantic
Avenue
5. A Resolution to SUPPORT an application to the Virginia Department of Conservation and
Recreation for a Recreational Trails Program Grant in the amount of $189,400 re acquisition
at the Lake Lawson/Lake Smith Natural Area
6. Ordinances to ACCEPT and APPROPRIATE:
a. $60,193 Grant from the Department of Housing and Urban Development (HUD) to the FY
2012 Budget of Housing and Neighborhood Preservation re Emergency Homeless
Assistance
b. $606,500 from the School Site Landscaping to the FY 2012 Budget of Parks and
Recreation:
1) Playground safety improvements at ten (10) sites $151,500
2) Relocate and replace playground and equipment at Cooke Elementary $ 50,000
3) Replace basketball equipment at various locations $ 50,000
4) Drainage and pond shoreline reconstruction at Larkspur Middle School $330,000
c. TRANSFER $197,668 from the Reserve for Contingencies to the General Registrar's
FY2011-12 Budget re the Republic Party Primary Senatorial Election
J. PLANNING
1. Application of OCEAN RENTAL PROPERTIES, LLC, for an Enlargement of a Non -
Conforming Use to allow two single family dwellings at 403 16th Street (DISTRICT 6 —BEACH)
RECOMMENDATION:
APPROVAL
2. Application of B.C. INVESTMENTS, LLC/RCC SALEM LAKES II, LLC and SALEM
LAKES II, LLC for Modification of Proffers, and a Conditional Use Permit (Approved by City
Council October 27, 1998) re mini- and self -storage, at Salem Road and Salem Lakes Blvd.
(DISTRICT 1-CENTERVILLE)
RECOMMENDATION: APPROVAL
3. Application of BILLY W. CHAPLAIN, for Modification of Proffer No.I and Modification of
Condition No. 7 of a Conditional Use Permit for Bulk Storage (approved by City Council August
14, 2001) and a new Conditional Use Permit for Automobile and Small Engine Repair at 849 and
853 Virginia Beach Boulevard (DISTRICT 6 —BEACH)
RECOMMENDATION:
APPROVAL
4. Application of CORNERSTONE BIBLE CHURCH, INC/KROLL ENTERPRISES for a
Conditional Use Permit re a church at 2180 McComas Way (DISTRICT 7 -PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
5. Application of SENTARA HOSPITALS AND MPB, INC., for a Change of Zoning District
Classification from A-12 Apartment District and R-15 Residential District to Conditional 0-2
Office District re offices and medical facilities at 800 and 816 Independence Boulevard.
(DISTRICT 4-BAYSIDE)
RECOMMENDATION:
APPROVAL
6. Application of the CITY OF VIRGINIA BEACH, for a Street Closure re a portion of the right-
of-way of Holly Road at the intersection of Laskin Road(DISTRICT 6 —BEACH)
RECOMMENDATION:
K. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
COMMUNITY SERVICES BOARD
MINORITY BUSINESS COUNCIL
TOWING ADVISORY BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
APPROVAL
PUBLIC COMMENT
Non -Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
CITY COUNCIL WORKSHOP
AUGUST 7, 2012
CANCELLED
City Council invites ALL citizens to participate in your
NEIGHBORHOOD NATIONAL NIGHT OUT
2012 CITYHOLIDAYS
Monday, May 28
Memorial Day
Wednesday, July 4
Independence Day
Monday, September 3
Labor Day
Monday, November 12
Veteran's Day
Thursday, November 22
Thanksgiving Day
Friday, November 23
Day After
Thanksgiving
Monday, December 24
Christmas Eve (half-
day)
Tuesday, December 25
Christmas Day
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 3854303
CITY COUNCIL LIAISON REPORTS - Conference Room - 3:30PM
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. 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
V. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Richard Keever, Chaplain
Westminster Canterbury
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 April 10, 2011
2. SPECIAL FORMAL SESSION/PUBLIC HEARING April 18, 2012
3. INFORMAL and FORMAL SESSIONS April 24, 2012
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARINGS
1. REAL ESTATE TAX RATE (Proposed increase of 6¢)
2. INSTALLMENT PURCHASE AGREEMENT (ARP)
Head of River Road
3. LEASE OF CITY -OWNED PROPERTY
2nd Street and Atlantic Avenue
Ad ID 23015414 Date' 04/27/2012 Time 2:15 PM
PUBLIC NOTICE
NOTICE OF REAL ESTATE
TAX RATE CHANGES
Tuesday, May 81, 2012,
at 6:00 P.M.
City Council Chamber (2nd floor
of City Kali - Building #1)
2401 C ou rt ho use [give,
Virginia Beach, Virginia
The 'Virginia Beach City COLInCil Will hold a
Public- Hearire corcernirt.6 a proposed
ordinan-,e establishing the tax levy on real
estate for the fiscal year 2013, in
accordance vvith Cliapter 32 of Title 5B.1 of
the Code of Virginia.
The City Council is considerir� an increase
to the tax rate on all real estate Of LIP to
ninety-seven cents ($0.97) on each one
hu i -)J- ra--] do I lars ($100) Of assessed
valuation, effective July 1, 2012 to possibly
address City and School budgetary needs.
T Iii s rate is an increase f rom t1i e current rate
f eighty-nine cei
r -its ($0.89') oil each one
.)
hu nd red dollars ($100) of assessed
Va I Uati o n, and an i ric rea se from the
previously -advertised proposed ra t e of
ninety-three cents ($0.93) on each One
IlLI nd red dollars ($100), of assessed
valuation. This rate change will also apply to
mobile hones. A. related ii-r-rease Of eight
cents ($0,126) is proposed for the separate
classifications Of real property applicable to
historic and energy efficierrt buildings.
This Hearing is open to the public and all
interested citizens will have an opportunity
to be heard. Individuals desirir6 to provide
-written comments may do so Ly contacting
the City Clerk's office at 285-4303. If YOU
are physically disabled or visi-alty in -paired
and need assistance at this meting, please
call 385-4303. Hearing impaired, TDD -
711.
Ruth Hodges Fraser, NVOC
City Cl e rig
VP April 2 9, 2012 23015414
Ad shown is not actual print size
NOTICE OF PUBLIC
HEARING ON THE
EXECUTION AND
DELIVERY
OF AN INSTALLMENT
PURCHASE AGREEMENT
FOR THE
ACQUISITION OF
DEVELOPMENT RIGHTS
ON CERTAIN PROPERTY
BY THE
CITY OF VIRGINIA
BEACH, VIRGINIA
Notice is hereby given that the City
Council of the City of Virginia Beach,
Virginia, will hold a Public Hearing with
respect to the execution and delivery of
an Installment Purchase Agreement for
the acquisition of an agricultural land
preservation easement with respect to
land located on the north side of Head of
River Road, in the City of Virginia
Beach, Virginia, pursuant to Ordinance
No. 95-2319, as amended, known as the
Agricultural Lands Preservation
Ordinance, which establishes an
agricultural reserve program for the
southern portion of the City designated
to (a) promote and encourage the
preservation of farmland, (b) preserve
open spaces and the areas rural
character, (c) conserve and protect
environmentally sensitive resources, (d)
reduce and defer the need for major
infrastructure improvements and the
expenditure of public funds for such
improvements, and (e) assist in shaping
the character, direction and timing of
community development. Such
easement will be purchased pursuant to
an Installment Purchase Agreement for
an estimated maximum purchase price of
$184,652. The City's obligation to pay
the purchase price under the Installment
Purchase Agreement is a general
obligation of the City, and the full faith
and credit and the unlimited taking
power of the City will be irrevocably
pledged to the punctual payment of the
purchase price and the interest on the
unpaid principal balance of the purchase
price as and when the same respectively
become due and payable. The Public
Hearing, which may be continued or
adjourned, will be held by the City
Council on May 8, 2012, at 6:00 p.m. in
the City Council Chamber located on the
2nd floor of the City Hall Building, 2401
Courthouse Drive, Virginia Beach,
Virginia. Any person interested in this
matter may appear and be heard.
Ruth Hodges r e MC
City Clerk
Beacori: April 22 & 29, 2012
PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
proposed leasing of the following
City -owned property on Tuesday, May
8, 2012, at 6:00 PM in the Council
Chamber, City Hall - Bldg. 1, Virginia
Beach Municipal Center:
Approximately 15,000 sq.
it (0.34 acre) parcel
located at the intersection
of 2nd Street and Atlantic
Avenue to be used for
overflow parking
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 Hodges Fraser, MMC
City Clerk
Beacon April 29, 2012
23004440
L ORDINANCES/RESOLUTIONS
1. FY 2012-2013 Management Resource Plan
A. Option Number One:
The Mayor and Vice Mayor's Reconciled Proposed Ordinances:
a. APPROPRIATIONS for the Fiscal Year Operations of $1,767,701,362
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of
Housing and Urban Development (HUD)
e. DECLARE $7 -Million within the Sandbridge Tax Increment Financing District as Surplus
in the 2011-12 Budget
f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall
Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing
Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a
Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence,
Sign, Right-of-way and certain other permits
IMPLEMENT the FY 2012-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE
$277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7 -Million
(maximum) for public facilities and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27 -Million
(maximum)
d. REALIGN revenues of the Roadways CIP from various sources
B. Option Number Two:
Councilmen Moss and DeSteph Proposed Ordinances:
a. APPROPRIATIONS for the Fiscal Year of Operations $1,748,263,981
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of
Housing and Urban Development (HUD)
e. DECLARE $7 -Million within the Sandbridge Tax Increment Financing District as Surplus
in the 2011-12 Budget
f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall
Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing
Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a
Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence,
Sign, Right-of-way and certain other permits
IMPLEMENT the FY 2012-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE
$245,410,943 for the FY 2013 Capital Budget, subject to available funds from various sources
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7 -Million
(maximum) for public facilities and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27 -Million
(maximum)
d. REALIGN revenues of the Roadways CIP from various sources
C. Option Number Three:
City Manager's Proposed Ordinances:
a. APPROPRIATIONS for the Fiscal Year of Operations $1,758,559,231
b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year
c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013
d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of
Housing and Urban Development (HUD)
e. DECLARE $7 -Million within the Sandbridge Tax Increment Financing District as Surplus
in the 2011-12 Budget
f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall
Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing
Fund
g. AMEND the City Code re sanitary sewer service water tap sizes
h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a
Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence,
Sign, Right-of-way and certain other permits
IMPLEMENT the FY 2012-13 Capital Budget:
a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE
$277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources
b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7 -Million
(maximum) for public facilities and general improvements
c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27 -Million
(maximum)
d. REALIGN revenues of the Roadways CIP from various sources
2. Ordinances to AMEND the City Code:
a. §§16-22.2, 16-12.4 and 16-12.9 re enforcement of Residential Rental Inspection Districts
b. §23-58(f)(6) re Commercial Parking Lots
3. Ordinances to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement
to Barry D. and Paula W. Knight in the amount of $184,652 at Head of River Road
4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with renewal options
between CBM Company t/a Schooner Inn for property at 2nd Street and Atlantic Avenue
5. A Resolution to SUPPORT an application to the Virginia Department of Conservation and
Recreation for a Recreational Trails Program Grant in the amount of $189,400 re acquisition
at the Lake Lawson/Lake Smith Natural Area
6. Ordinances to ACCEPT and APPROPRIATE:
a. $60,193 Grant from the Department of Housing and Urban Development (HUD) to the FY
2012 Budget of Housing and Neighborhood Preservation re Emergency Homeless
Assistance
b. $606,500 from the School Site Landscaping to the FY 2012 Budget of Parks and
Recreation:
1) Playground safety improvements at ten (10) sites $151,500
2) Relocate and replace playground and equipment at Cooke Elementary $ 50,000
3) Replace basketball equipment at various locations $ 50,000
4) Drainage and pond shoreline reconstruction at Larkspur Middle School $330,000
c. TRANSFER $197,668 from the Reserve for Contingencies to the General Registrar's
FY2011-12 Budget re the Republic Party Primary Senatorial Election
USS
r�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Mayor/Vice Mayor Proposal on the FY 2012-13 Operating Budget Related
Ordinances
MEETING DATE: May 8, 2012
■ Background: On March 27, 2012, the City of Virginia Beach FY 2012-13
Proposed Resource Management Plan, which includes the Operating Budget and
Capital Improvement Program, was presented to City Council. The City held a budget
open house April 5th to provide information to citizens about the proposed budget. City
Council held budget workshops on April 31h, 10th, 17th, 24tH, and May 1St to discuss the
budget. City Council held public hearings on April 18th, 24th, and May 8th to provide the
public the opportunity to comment on the proposed Resource Management Plan.
Considerations: Based on the letter dated May 1St signed by Mayor William D.
Sessoms, Jr. and Vice Mayor Louis R. Jones, the following adjustments are made to the
FY 2013 Operating Budget:
Operating Budget
1. Provide an additional $9.6 million by increasing the Real Estate Rate by six cents
rather than the four cent increase included in the Proposed Budget. This will
increase the City's real estate tax rate from the current 89 cents to a total rate of 95
cents per $100 of assessed value. After the adoption of the Operating Budget, the
City and School System will need to formalize a funding formula which dedicates
four cents in real estate tax rate to the School System and two cents to road
transportation improvements construction.
This six cents increase in the Real Estate tax rate is necessitated by, and tied to,
reduced State funding and the need to maintain educational quality and re-establish
roadway construction funding. It is also required to cover the State's shift of the Line
of Duty program to an unfunded local mandate.
• In the case of the four cents for Schools, as the Local Composite Index is
adjusted such that the State meets more of its responsibilities towards
education funding, the four cents dedicated to Schools will be adjusted
downward to offset the increased State funding. The local contribution to the
School system for FY 2012-13 will be $387.4 Million.
• In the case of the two cents for road construction and the Line of Duty
Program, if and when the State provides a permanent source of funding for
1
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
2 BEGINNING JULY 1, 2012 AND ENDING JUNE 30, 2013 IN THE SUM OF
3 $ 1,767,701,362 FOR OPERATIONS
4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning
5 July 1, 2012, and ending June 30, 2013, and it is necessary to appropriate sufficient funds to cover said budget;
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
8
9 Sec. 1. That the amounts named aggregating $2,451,937,659 consisting of $499,905,552 in inter -fund transfers,
10 $184,330,745 for internal service funds, and $1,767,701,362 for operations, are hereby appropriated subject to the
11 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for the
12 purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference,
13 for the fiscal year beginning July 1, 2012, and ending June 30, 2013, a summary of which is attached to this ordinance as
14 "Attachment A — Appropriations."
15
16 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations is set
17 forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations attached to this
18 ordinance as "Attachment B — Revenues."
19
20 Sec. 3. With the exception of the funds under the control of the School Board, specifically the funds numbered 106, 107,
21 108, 109, 112, 114, 115, 116, 117, 119, 614, and 615 (hereinafter referred to as "School Board Funds"), the total number of
22 full-time permanent positions shall be the maximum number of positions authorized for the various departments of the
23 City during the fiscal year, except for changes or additions authorized by the Council or as hereinafter provided. The City
24 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the
25 aggregate amount expended for such services shall not exceed the respective appropriations made therefore. The City
26 Manager is further authorized to make such rearrangements of positions within and between the departments as may best
27 meet the needs and interests of the City, including changes necessary to implement the employee transition program.
28
29 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby
30 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal
31 year as may be necessary to implement organizational adjustments that have been authorized by the City Council. Unless
32 otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the
33 City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing
34 organizational functions. The City Manager shall make a report each year to the City Council identifying the status and
35 progress of any such organizational adjustments.
36
37 Sec. S. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service District
38 Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax levy.
39
40 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the
41 fiscal year ending on June 30, 2013, unless otherwise provided for, are hereby declared to be lapsed into the fund balance
42 of the respective funds, except all appropriations to School Board Funds derived from local public sources which shall lapse
43 and revert to the General Fund Balance, and may be used for the payment of the appropriations that may be made in the
44 appropriation ordinance for the fiscal year beginning July 1, 2013. Prior to the expenditure of any sums that have lapsed to
45 the fund balance of any fund, an appropriation by the City Council shall be required.
46
47 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for
48 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water
49 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be
50 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue
51 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less
52 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non -borrowed funds, on a five-year rolling
53 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system.
54
55 Sec. B. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close
56 of the business for the fiscal year ending on June 30, 2013, are hereby declared to be re -appropriated into the fiscal year
57 beginning July 1, 2013, and estimated revenues adjusted accordingly.
58
59 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal
60 sources and trust or gift funds, whose period of expenditure extends beyond the fiscal year ending on June 30, 2012, are
61 hereby declared to be re -appropriated into the fiscal year beginning July 1, 2012, and estimated revenues adjusted
62 accordingly. The close-out of any grant or similar funding mechanism shall account for all expenditures in such grant, and
63 provided there is any remaining balance in the grant the portion of the balance attributable to local sources shall revert to
64 the General Fund special revenue fund or enterprise fund that provided the local contribution.
65
66 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall
67 exceed the amount of such appropriations except with the consent and approval of the City Council first being obtained. it
68 is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the
69 totals for each Appropriation Unit included in this ordinance and does not apply to Inter -fund Transfers.
70
71 Sec.11. The City Manager or the Director of Management Services is hereby authorized to approve transfers of
72 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City
73 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the
74 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for
75 Contingencies — Regular, within the intent of the Reserve as approved by City Council.
76
77 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to establish and administer
78 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the
79 programs and services adopted by the City Council. The City Manager or the Director of Management Services is further
80 authorized to establish administrative directives to provide additional management oversight and control to ensure the
81 integrity of the City's budget.
82
83 Sec. 13. The City Manager or the Director of Management Services is hereby authorized to change the Estimated
84 Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating
85 Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce,
86 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager
87 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City
88 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The
89 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of
90 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby
91 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for
92 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any
93 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded
94 debt of the City Government.
95
96 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments,
97 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and
98 employees of their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per
99 mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional miles of such use within the
100 fiscal year.
101
102 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably
103 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to
104 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure
105 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the
106 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City
107 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that
108 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in
109 which the emergency expenditures occurred.
110
111 An emergency is defined for the purposes of this provision as an event that could not have been reasonably
112 foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or
113 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public
114 properties.
115
116 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to
117 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of
118 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically
119 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump -sum" amounts.
120
121 Sec. 17. The City Manager is hereby authorized to allocate funding, within the aggregate amounts approved by City
122 Council for total compensation, to implement the General Assembly mandated changes to the Virginia Retirement System
123 ("VRS") that require all full-time City employees hired before July 1, 2010 to pay one percent (1%) of their salaries to the
124 VRS to be offset by a pay increase of one percent (1%).
125
126 Sec. 18. That the City Manager or his designee is hereby authorized to implement the organizational and financial
127 adjustments necessary to eliminate the Print Shop Internal Service Fund. Any funds provided to the Print Shop Internal
128 Service Fund that are unobligated and unencumbered at the close of business on June 30, 2012, shall lapse and such lapsed
129 funds shall be transferred to the fund balance of the General Fund.
130
131 Sec. 19. That the City Manager or his designee is hereby authorized to implement the organizational and financial
132 adiustments necessary to functions of the Office of the Real Estate Assessor and the Commissioner of the Revenue in the
133 following manner:
134
135 a. The Commissioner of the Revenue will be the City Manager's designee for the processing of applications
136 for the Real Estate Tax Relief for the Elderly and Disabled Persons Program and the recently enacted tax
137 exemption for service disabled veterans:
138 b. Two FTEs are transferred from the Office of the Real Estate Assessor to the Commissioner of the Revenue
139 to execute the above subsection;
140 c. The duties for the processing of the land book are transferred from the Commissioner of the Revenue to
141 the Office of the Real Estate Assessor;
142 d. Funding in the amount of $178,500 is provided for the delivery of the services in the above subsections.
143
144 Sec. 4420. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons
145 responsible for the management of the Appropriation Unit in which the violation occurred.
146
147 ,
148 $1,500,009 40M the fund balanee of the FmeFgeney FEMA Fund aFe heFeby tFansfeFFed to the fuRd balance ef the Risk
149 M nt Inte- al Service Fund ff t• on june 30 2014-.
150
151 ,
152
153
154 Sec. 2821. With the ^"Geptio^ of Section ,o nd 49, *This ordinance shall be effective on July 1, 2012.
155
156 Sec. 2422. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not
157 affect the validity of the remaining parts of this ordinance.
158
159
160
161
Adopted by the Council of the City of Virginia Beach, Virginia, on this the 8th day of May, 2012.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
e�
J
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
i
rn 's ice
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
Fund 002 Appropriation Totals 990,864,947
FY 2012-13
Proposed
002 General Fund
Agriculture
757,224
Benefits Administration
662,283
Board of Equalization
15,846
Circuit Court
1,034,008
City Attorney
3,819,468
City Auditor
623,735
City Clerk
576,749
City Manager
2,658,037
City Real Estate Assessor
3,175,280
City Treasurer
5,111,193
Clerk of the Circuit Court
3,041,507
Commissioner of the Revenue
4,035,389
Commonwealth's Attorney
7,491,148
Communications and Information Technology
22,842,774
Community Organization Grants
426,343
Convention and Visitor Bureau
8,839,297
Cultural Affairs
2,358,924
Debt Service
48,083,117
Director of Finance
4,939,761
Economic Development
2,561,326
Emergency Communications and Citizen Services
10,453,477
Emergency Medical Services
7,726,688
Employee Special Benefits
5,266,655
Fire
44,588,074
General District Court
359,618
General Registrar
1,378,340
Health
2,991,428
Housing and Neighborhood Preservation
1,680,366
Human Resources
4,291,809
Human Services
106,030,865
Independent Financial Services
153,878
Juvenile and Domestic Relations District Court
137,438
Juvenile Probation
1,781,767
Leases
1,673,225
Library
17,392,209
Magistrates
95,514
Management Services
1,514,382
Mass Transit Operations
4,472,679
Municipal Council
545,118
Museums
10,039,310
Parks and Recreation
13,233,825
Planning
9,969,591
Police
92,000,136
Public Works
63,639,425
Regional Participation
1,993,213
Reserve for Contingencies
2,927,122
Revenue Reimbursements
15,957,439
Strategic Growth Area
952,992
Transfer to Other Funds
439,453,041
Vehicle Replacements
5,111,914
Fund 002 Appropriation Totals 990,864,947
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
FY 2012-13
Proposed
098 School Reserve Special Revenue Fund
Transfer to Other Funds 11,000,000
Fund 098 Appropriation Totals 11,000,000
106 School Technology Category Special Revenue Fund
Technology 26,338,973
Fund 106 Appropriation Totals 26,338,973
107 School Equipment Replacement Special Revenue Fund
Reserve for Contingencies 902,602
Fund 107 Appropriation Totals 902,602
109 School Vending Operations Fund
Athletic 329,561
Fund 109 Appropriation Totals 329,561
112 School Communication Tower Technology Fund
Instructional Technology 600,000
Fund 112 Appropriation Totals 600,000
114 School Cafeteria Fund
Cafeteria 28,343,127
Fund 114 Appropriation Totals 28,343,127
116 School Oaeratino Fund
Administration, Attendance, and Health
21,434,692
City Manager Adjustment
-3,728,043
Debt Service
44,747,986
Instruction
522,820,730
Operations and Maintenance
87,242,879
Pupil Transportation
30,154,558
Fund 115 Appropriation Totals
702,672,802
116 School Grants Fund
Grants
68,578,220
Fund 116 Appropriation Totals
68,578,220
117 School Textbook Fund
Textbook
15,117,601
Fund 117 Appropriation Totals
15,117,601
119 School Athletic Special Revenue Fund
Athletic
4,941,085
Fund 119 Appropriation Totals
4,941,085
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
130 Law Library Fund
Library
Reserve for Contingencies
Transfer to Other Funds
142 DEA Seized Property Special Revenue Fund
Commonwealth's Attorney
FY 2012-13
Proposed
224,869
2,329
57,252
Fund 130 Appropriation Totals 284,450
200,000
Fund 142 Appropriation Totals 200,000
144 Waste Management Special Revenue Fund
Public Works 41,455,404
Fund 144 Appropriation Totals 41,455,404
147 Federal Section 8 Program Special Revenue Fund
Housing and Neighborhood Preservation 17,474,801
149 Sheriffs Department Special Revenue Fund
Sheriff and Corrections
Transfer to Other Funds
151 Parks and Recreation Special Revenue Fund
Debt Service
Future C.I.P. Commitments
Parks and Recreation
Public Works
Transfer to Other Funds
152 Tourism Investment Program Fund
Convention and Visitor Bureau
Cultural Affairs
Debt Service
Mass Transit Operations
Parks and Recreation
Public Works
Strategic Growth Area
Transfer to Other Funds
Fund 147 Appropriation Totals 17,474,801
38, 935, 820
24,551
Fund 149 Appropriation Totals 38,960,371
1,889,313
1,597,465
28, 364,155
2,772,645
2,573,615
Fund 151 Appropriation Totals 37,197,193
157 Sandbridge Special Service District Spec Rev Fd
Transfer to Other Funds
Fund 152 Appropriation Totals
100,000
50,500
26,252,872
590,000
275,485
915,684
3,522,454
4,326,391
36.033.386
4.804.405
Fund 157 Appropriation Totals 4,804,405
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
FY 2012-13
Proposed
161 Agriculture Reserve Program Special Revenue Fund
Agriculture
215,950
Debt Service
3,643,024
Reserve for Contingencies
477,652
Fund 161 Appropriation Totals
4,336,626
163 Tourism Advertising Program Special Revenue Fund
Convention and Visitor Bureau
10,084,811
Transfer to Other Funds
56,838
Fund 163 Appropriation Totals
10,141,649
166 Sandbridge Tax Increment Financing Fund
Future C.I.P. Commitments
7,113,616
Fund 166 Appropriation Totals
7,113,616
169 Central Business District -South TIF (Twn Cntr)
Fd
Debt Service
5,588,312
Transfer to Other Funds
150,000
Fund 169 Appropriation Totals
5,738,312
172 Open Space Special Revenue Fund
Debt Service
2,433,043
Parks and Recreation
490,838
Public Works
15,300
Transfer to Other Funds
2,026,724
Fund 172 Appropriation Totals
4,965,905
174 Town Center Special Service District
Parks and Recreation
29,367
Town Center Special Tax District
1,580,361
Transfer to Other Funds
337,197
Fund 174 Appropriation Totals
1,946,925
180 Community Development Special Revenue Fund
Housing and Neighborhood Preservation
2,058,899
Transfer to Other Funds
128,858
Fund 180 Appropriation Totals
2,187,757
181 CD Loan and Grant Fund
Housing and Neighborhood Preservation
595,488
Fund 181 Appropriation Totals
595,488
182 Federal Housing Assistance Grant Fund
Housing and Neighborhood Preservation
899,400
Fund 182 Appropriation Totals
899,400
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
540 General Government Capital Proiects Fund
Building Capital Projects
FY 2012-13
5,015,915
Proposed
183 Grants Consolidated Fund
560,329
Commonwealth's Attorney
333,680
Emergency Medical Services
375,000
Fire
757,260
Housing and Neighborhood Preservation
1,281,227
Human Services
1,677,882
Police
75,866
Public Works
15,000
Reserve for Contingencies
100,000
Transfer to Other Funds
400,000
540 General Government Capital Proiects Fund
Building Capital Projects
Fund 183 Appropriation Totals
5,015,915
241 Water and Sewer Fund
Communications and Information Technology Projects
560,329
Debt Service
5,824,859
20,050,544
Public Utilities
Roadways Capital Projects
75,674,801
Reserve for Contingencies
1,072,393
Transfer to Other Funds
18,249,158
Fund 241 Appropriation Totals
115,046,896
253 Parking Enterprise Fund
Debt Service
725,012
Reserve for Contingencies
282,477
Strategic Growth Area
1,631,798
Transfer to Other Funds
433,428
Fund 253 Appropriation Totals
3,072,715
255 Storm Water Utility Enterprise Fund
Debt Service
2,359,776
Public Works
16,183,127
Reserve for Contingencies
220,000
Transfer to Other Funds
15,764,934
Fund 255 Appropriation Totals
34,527,837
310 Old Donation Creek Area Dredging SSD
Transfer to Other Funds
68,652
Fund 310 Appropriation Totals
68,652
311 Bavville Creek Neighborhood Dredging
SSD Fund
Transfer to Other Funds
50,508 ' -
Fund 311 Appropriation Totals
50,508
540 General Government Capital Proiects Fund
Building Capital Projects
965,000
Coastal Capital Projects
6,138,895
Communications and Information Technology Projects
560,329
Economic and Tourism Development Capital Projects
5,824,859
Parks and Recreation Capital Projects
7,373,332
Roadways Capital Projects
2,590,000
Fund 540 Appropriation Totals 23,452,415
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
FY 2012-13
Proposed
541 Water and Sewer Capital Projects Fund
Water and Sewer Capital Projects 8,000,000
Fund 541 Appropriation Totals 8,000,000
555 Storm Water Capital Projects Fund
Storm Water Capital Projects
14,202,870
Fund 555 Appropriation Totals
14,202,870
606 City Garage Internal Service Fund
Public Works
10,646,769
Fund 606 Appropriation Totals
10,646,769
607 Risk Management Internal Service Fund
Director of Finance
11,071,818
Fund 607 Appropriation Totals
11,071,818
610 Capital Projects Internal Service Fund
Communications and Information Technology
197,364
Director of Finance
164,434
Economic Development
80,671
283,348
Public Works
Fund 610 Appropriation Totals
725,817
613 School Landscaping Internal Service Fund
Parks and Recreation
3,676,911
Fund 613 Appropriation Totals
3,676,911
614 School Risk Management Fund
School Risk Management
11,488,946
Fund 614 Appropriation Totals
11,488,946
615 City and School Health Insurance Fund
City and School Health Insurance
132,851,160
Fund 615 Appropriation Totals
132,851,160
616 Fuels Internal Service Fund
Public Works
7,009,359
Fund 616 Appropriation Totals
7,009,359
620 Telecommunications Internal Service Fund
Communications and Information Technology
2,807,772
Reserve for Contingencies
447,320
Fund 620 Appropriation Totals
3,255,092
621 Subscriptions Internal Service Fund
Communications and Information Technology
2,606,092
Reserve for Contingencies
998,781
Fund 621 Appropriation Totals
3,604,873
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
FY 2012-13
Proposed
908 City Beautification Fund
Parks and Recreation 72,500
909 Library Gift Fund
Library
910 Parking Meters - Homeless Donation Fund
Housing and Neighborhood Preservation
911 Parks and Recreation Gift Fund
Parks and Recreation
Total Budget Appropriations
Less Internal Service Funds
Less Interfund Transfers
NET BUDGET APPROPRIATIONS
Fund 908 Appropriation Totals 72,500
7,000
Fund 909 Appropriation Totals 7,000
10,000
Fund 910 Appropriation Totals 10,000
55,000
Fund 911 Appropriation Totals 55,000
2,451,937,659
184,330,745
499,905,552
1,767,701,362
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
Fund 002 Revenue Totals 990,864,947
098 School Reserve Special Revenue Fund
Specific Fund Reserves 11,000,000
Fund 098 Revenue Totals 11,000,000
106 School Technology Category Special Revenue Fund
Transfers from Other Funds 26,338,973
Fund 106 Revenue Totals 26,338,973
107 School Equipment Replacement Special Revenue Fund
Specific Fund Reserves 902,602
109 School Vending Operations Fund
Revenue From Local Sources
Miscellaneous Revenue
Specific Fund Reserves
112 School Communication Tower Technology Fund
Revenue From Local Sources
From the Use of Money and Property
Specific Fund Reserves
Fund 107 Revenue Totals 902,602
192,550
137,011
Fund 109 Revenue Totals 329,561
260,000
340,000
Fund 112 Revenue Totals 600,000
FY 2012-13
Proposed
002 General Fund
Revenue From Local Sources
Automobile License
9,627,435
Business License
42,423,932
Charges for Services
34,175,279
Cigarette Tax
11,218,625
Fines and Forfeitures
6,043,373
From the Use of Money and Property
5,095,499
General Sales Tax
54,098,252
Hotel Room Tax
5,622,146
Miscellaneous Revenue
6,062,974
Other Taxes
16,690,556
Permits, Privilege Fees, and Regulatory Licenses
4,476,243
Personal Property
132,412,8954
Real Estate
38,975,636
Restaurant Meal Tax
35,146,135
Utility Tax
44,979,473
Revenue from the Commonwealth
Other Sources from the Commonwealth
91,966,749
Revenue from the Federal Government
16,730,201
Specific Fund Reserves
21,087,917
Transfers from Other Funds
14,031,627
Fund 002 Revenue Totals 990,864,947
098 School Reserve Special Revenue Fund
Specific Fund Reserves 11,000,000
Fund 098 Revenue Totals 11,000,000
106 School Technology Category Special Revenue Fund
Transfers from Other Funds 26,338,973
Fund 106 Revenue Totals 26,338,973
107 School Equipment Replacement Special Revenue Fund
Specific Fund Reserves 902,602
109 School Vending Operations Fund
Revenue From Local Sources
Miscellaneous Revenue
Specific Fund Reserves
112 School Communication Tower Technology Fund
Revenue From Local Sources
From the Use of Money and Property
Specific Fund Reserves
Fund 107 Revenue Totals 902,602
192,550
137,011
Fund 109 Revenue Totals 329,561
260,000
340,000
Fund 112 Revenue Totals 600,000
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
FY 2012-13
Proposed
114 School Cafeteria Fund
Revenue From Local Sources
Charges for Services 14,030,889
From the Use of Money and Property 8,091
Miscellaneous Revenue 130,000
Revenue from the Commonwealth
Other Sources from the Commonwealth 485,000
Revenue from the Federal Government 13,361,841
Specific Fund Reserves 327,306
Fund 114 Revenue Totals 28,343,127
115 School Operatinq Fund
Revenue From Local Sources
100,000
Charges for Services
2,183,837
From the Use of Money and Property
465,000
Miscellaneous Revenue
657,000
Revenue from the Commonwealth
11,217,527
Other Sources from the Commonwealth
241,055,084
State Shared Sales Tax
69,064,589
Revenue from the Federal Government
17,141,085
Transfers from Other Funds
372,106,207
Fund 115 Revenue Totals 702,672,802
116 School Grants Fund
Revenue From Local Sources
Miscellaneous Revenue 3,274,643
Revenue from the Commonwealth
Other Sources from the Commonwealth 15,446,303
Revenue from the Federal Government 49,857,274
Fund 116 Revenue Totals 68,578,220
117 School Textbook Fund
Revenue From Local Sources
From the Use of Money and Property
100,000
Miscellaneous Revenue
10,000
Revenue from the Commonwealth
4,197,085
Other Sources from the Commonwealth
3,790,074
Specific Fund Reserves
11,217,527
Fund 117 Revenue Totals 15,117,601
119 School Athletic Special Revenue Fund
Revenue From Local Sources
Charges for Services
489,000
From the Use of Money and Property
45,000
Miscellaneous Revenue
4,197,085
Specific Fund Reserves
210,000
Fund 119 Revenue Totals 4,941,085
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
130 Law Library Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Specific Fund Reserves
142 DEA Seized Property Special Revenue Fund
Specific Fund Reserves
144 Waste Management Special Revenue Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Permits, Privilege Fees, and Regulatory Licenses
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
147 Federal Section 8 Program Special Revenue Fund
Revenue From Local Sources
Charges for Services
Miscellaneous Revenue
Revenue from the Federal Government
Specific Fund Reserves
Transfers from Other Funds
149 Sheriffs Department Special Revenue Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Specific Fund Reserves
Transfers from Other Funds
FY 2012-13
Proposed
270,000
4,450
10,000
Fund 130 Revenue Totals 284,450
200,000
Fund 142 Revenue Totals 200,000
26, 345, 070
125,000
175,000
35,390
14,774,944
Fund 144 Revenue Totals 41,455,404
20,733
32,000
16, 986, 704
192,591
242,773
Fund 147 Revenue Totals 17,474,801
4,422,511
17,500
10,000
17, 359, 747
1,149,750
1,255,833
14,745,030
Fund 149 Revenue Totals 38,960,371
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
FY 2012-13
Proposed
151 Parks and Recreation Special Revenue Fund
Revenue From Local Sources
Charges for Services 12,938,096
From the Use of Money and Property 1,477,888
Miscellaneous Revenue 2,500
Permits, Privilege Fees, and Regulatory Licenses 700
Real Estate 16,749,009
Revenue from the Commonwealth
Other Sources from the Commonwealth 26,000
Specific Fund Reserves 526,082
Transfers from Other Funds 5,476,918
Fund 151 Revenue Totals 37,197,193
152 Tourism Investment Proqram Fund
Revenue From Local Sources
Amusement Tax
5,800,563
Cigarette Tax
934,885
Fines and Forfeitures
776,000
From the Use of Money and Property
593,277
Hotel Room Tax
14,333,141
Permits, Privilege Fees, and Regulatory Licenses
90,000
Restaurant Meal Tax
10,604,887
Specific Fund Reserves
2,650,633
Transfers from Other Funds
250,000
Fund 152 Revenue Totals 36,033,386
157 Sandbridae Special Service District Spec Rev Fd
Revenue From Local Sources
From the Use of Money and Property
7,100
Hotel Room Tax
1,306,790
Real Estate
581,621
Specific Fund Reserves
631,522
Transfers from Other Funds
2,277,372
Fund 157 Revenue Totals 4,804,405
161 Aariculture Reserve Proqram Special Revenue Fund
Revenue From Local Sources
Real Estate 4,336,626
Fund 161 Revenue Totals 4,336,626
163 Tourism Advertising Program Special Revenue Fund
Revenue From Local Sources
Charges for Services 201,970
From the Use of Money and Property 42,730
Hotel Room Tax 4,846,444
Miscellaneous Revenue 48,200
Restaurant Meal Tax 5,002,305
Fund 163 Revenue Totals 10,141,649
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
166 Sandbridge Tax Increment Financing Fund
Revenue From Local Sources
From the Use of Money and Property
Real Estate
169 Central Business District -South TIF (Twn Cntr) Fd
Revenue From Local Sources
From the Use of Money and Property
Hotel Room Tax
Real Estate
Specific Fund Reserves
172 Open Space Special Revenue Fund
Revenue From Local Sources
From the Use of Money and Property
Restaurant Meal Tax
Specific Fund Reserves
174 Town Center Special Service District
Revenue From Local Sources
From the Use of Money and Property
Real Estate
Specific Fund Reserves
Transfers from Other Funds
180 Communitv Development Special Revenue Fund
Revenue From Local Sources
Charges for Services
Revenue from the Federal Government
Transfers from Other Funds
181 CD Loan and Grant Fund
Non -Revenue Receipts
Revenue from the Federal Govemment
Transfers from Other Funds
182 Federal Housing Assistance Grant Fund
Non -Revenue Receipts
Revenue from the Federal Government
Fund 166 Revenue Totals
FY 2012-13
Proposed
15,300
7,098,316
7.113.616
3,000
500,000
4,976,213
259,099
Fund 169 Revenue Totals 5,738,312
14,560
4,402,029
549,316
Fund 172 Revenue Totals 4,965,905
2,600
1,476, 231
318,094
150,000
Fund 174 Revenue Totals 1,946,925
70,000
1,405,417
712,340
Fund 180 Revenue Totals 2,187,757
Fund 181 Revenue Totals
Fund 182 Revenue Totals
100,000
370,488
125,000
595 488
70,000
829,400
899.400
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
183 Grants Consolidated Fund
Revenue From Local Sources
Charges for Services
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Transfers from Other Funds
241 Water and Sewer Fund
Non -Revenue Receipts
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Miscellaneous Revenue
Revenue from the Federal Government
Specific Fund Reserves
Transfers from Other Funds
253 Parking Enterprise Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
255 Storm Water Utility Enterprise Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Revenue from the Federal Government
Transfers from Other Funds
310 Old Donation Creek Area Dredging SSD
Revenue From Local Sources
Real Estate
311 Bayville Creek Neighborhood Dredging SSD Fund
Revenue From Local Sources
Real Estate
540 General Government Capital Projects Fund
Transfers from Other Funds
FY 2012-13
Proposed
39,735
2,953,917
1,498,154
524,109
Fund 183 Revenue Totals 5,015,915
Fund 241 Revenue Totals
2,665,095
108,727,428
559,447
330,218
1,017,733
1,088,296
658,679
115.046.896
3,050,215
22,500
Fund 253 Revenue Totals 3,072,715
32,278,283
125,000
288,259
1,836,295
Fund 255 Revenue Totals 34,527,837
68,652
Fund 310 Revenue Totals 68,652
50,508
Fund 311 Revenue Totals 50,508
23,452,415
Fund 540 Revenue Totals 23,452,415
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
FY 2012-13
Proposed
541 Water and Sewer Capital Projects Fund
Transfers from Other Funds 8,000,000
Fund 541 Revenue Totals 8,000,000
555 Storm Water Capital Projects Fund
Transfers from Other Funds
606 City Garage Internal Service Fund
Revenue From Local Sources
Charges for Services
Miscellaneous Revenue
607 Risk Management Internal Service Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Miscellaneous Revenue
610 Capital Projects Internal Service Fund
Revenue From Local Sources
Charges for Services
613 School Landscaping Internal Service Fund
Revenue From Local Sources
Charges for Services
614 School Risk Management Fund
Revenue From Local Sources
Charges for Services
Miscellaneous Revenue
615 City and School Health Insurance Fund
Revenue From Local Sources
Miscellaneous Revenue
616 Fuels Internal Service Fund
Revenue From Local Sources
Charges for Services
Specific Fund Reserves
14,202,870
Fund 555 Revenue Totals 14,202,870
10,616,769
Rn nnn
Fund 606 Revenue Totals 10,646,769
Fund 607 Revenue Totals
Fund 610 Revenue Totals
Fund 613 Revenue Totals
Fund 614 Revenue Totals
11,026, 818
30,000
15,000
11 n71 R1R
725,817
725,817
3,676,911
3,676,911
11,465, 209
23,737
11,488,946
1 T) AM 1 Rr)
Fund 615 Revenue Totals 132,851,160
6,876,428
132,931
Fund 616 Revenue Totals 7,009,359
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
620 Telecommunications Internal Service Fund
Revenue From Local Sources
Charges for Services
621 Subscriptions Internal Service Fund
Revenue From Local Sources
Charges for Services
Specific Fund Reserves
908 City Beautification Fund
Revenue From Local Sources
Miscellaneous Revenue
909 Library Gift Fund
Revenue From Local Sources
Miscellaneous Revenue
910 Parking Meters - Homeless Donation Fund
Revenue From Local Sources
Miscellaneous Revenue
911 Parks and Recreation Gift Fund
Revenue From Local Sources
Miscellaneous Revenue
Total Budget Revenues
Less Internal Service Funds
Less Interfund Transfers
NET BUDGET REVENUES
FY 2012-13
Proposed
3,255,092
Fund 620 Revenue Totals 3,255,092
2,491,901
1,112, 972
Fund 621 Revenue Totals 3,604,873
79 snn
Fund 908 Revenue Totals 72,500
7,000
Fund 909 Revenue Totals 7,000
10,000
Fund 910 Revenue Totals 10,000
55,000
Fund 911 Revenue Totals 55,000
2,451,937, 659
184,330,745
aaa anr, F;1;?
1,76/,/U1,3(j2
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL
2 YEAR 2013
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
5 Sec. 1. Amount of Levy on Real Estate.
6 There shall be levied and collected for fiscal year 2013 taxes for general purposes on all real estate, including all
7 separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise
8 provided for in this ordinance, at the rate of eighty none ninety-five cents($0.$9) 0.95 on each one hundred dollars
9 ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be applied on
10 the basis of one hundred percentum of the fair market value of such real property, except for public service real property,
11 which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. It is the intention of the Council that
12 four cents of the tax rate is dedicated subject to annual appropriation to provide funding for the Schools to offset the
13 decrease in State funding through the Local Composite Index and two cents of the tax rate is dedicated, subject to annual
14 appropriation to offset the State reduction in funding for urban road construction and the increased local obligations
15 under the Line of Duty Act The Council directs the City Manager in the production of future budgets to provide an analysis
16 of State funding for Schools urban road construction and the Line of Duty Act. At such time as the State restores funding
17 above the following benchmarks: Local Composite Index at FY 2013• urban road construction at $20M (per annum); and
18 Line of Duty Act at $0 (per annum) the City Manager will recommend a reduction in whole or in part, to the four cent or
19 two cent tax rate dedication in an amount roughly equal to the increased State funding with a corresponding decrease in
20 the real estate tax rate.
21
22 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified
23 Storm Water Management Developments and Property," "Certified Solar Energy Recycling Equipment, Facilities
24 or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion
25 Controls, and Certain Wetlands and Riparian Buffers.
26 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 of the
27 Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2013, taxes on all real estate (a)
28 certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the
29 Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as
30 provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified
31 Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental
32 Restoration Site," (e) improved to control erosion as defined by Code of Virginia § 58.1-3665, or (f) qualifying as wetlands
33 and riparian buffers as described by Code of Virginia § 58.1-3666, not exempt from taxation, at a rate ofgharc ninety=
34 five cents 9) 0.95 on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in
35 this section shall be applied on the basis of one hundred percentum of fair market value of such real property except for
36 public service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
37
38 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District.
39 There shall be levied and collected for fiscal year 2013, taxes for the special purpose of providing beach and
40 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not
41 exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed value thereof. This
42 real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. For real property
43 that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption, Deferral or
44 Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code, this real estate tax rate shall
45 be applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax rate
46 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property
47 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
48
49 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District.
50 For the special purpose of operating and maintaining the parking garage and providing enhanced services for the
51 plaza and public spaces within the boundaries of the service district at the Town Center, as well as other additional services
52 authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2013, taxes on all real estate
53 within the Town Center Special Service District, not exempt from taxation, at the rate of forty-five cents ($0.45) on each
54 one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set
55 forth in Section 1 of this ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of
56 Chapter 35 of the City Code, or Exemption, Deferral or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of
57 Chapter 35 of the City Code, this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth
58 in Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred
59 percentum of the fair market value of such real property, except for public service real property, which shall be on the basis
60 as provided in Section 58.1-2604 of the Code of Virginia.
61
62 Sec. 5. Amount of Levy on "Energy -Efficient Buildings".
63 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, there
64 shall be levied and collected for general purposes for the fiscal year 2013, taxes on all real estate that has been classified as
65 an energy efficient building, not exempt from taxation, at a rate of seventy fOUF t!gb_jY cents {$0.74} 0.80 on each one
66 hundred dollars of assessed valuation thereof. The real property tax rate imposed in this section shall be applied on the
67 basis of one hundred percentum of fair market value of such real property except for public service property, which shall be
68 on the basis as provided in Section 58.1-2604 of the Code of Virginia.
69
70 Sec.6. Amount of Levy on Properties Listed in the Virginia Landmarks Register.
71 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, there
72 shall be levied and collected for general purposes for the fiscal year 2013 taxes on buildings that are individually listed on
73 the Virginia Landmarks Register, not including the real estate or land on which the building is located so long as the
74 building is maintained in a condition such that it retains the characteristics for which it was listed on the Virginia Landmarks
75 Register at a rate of fifty-one cents ($0.51) on each one hundred dollars of assessed valuation thereof. The real property tax
76 rate imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real
77 property except for public service property, which shall be on the basis as provided by Section 58.1-2604 of the Code of
78 Virginia.
79
80 Sec 7 Amount of Levy on Real Estate Within the Old Donation Special Service District.
81 There shall be levied and collected for fiscal year 2013 taxes for the special purpose of providing neighborhood
82 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Old Donation Special Service
83 District not exempt from taxation at the rate of eighteen and four -tenths cents ($0.184) on each one hundred dollars
84 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1
85 of this ordinance This tax rate shall apply without reduction to any properties subject to ad valorem taxes including those
86 properties enrolled in the Exemption Deferral or Freeze for Elderly and Disabled Persons City Code §§ 35-61, et seq. As set
87 forth in Code of Virginia section 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of
88 properties subject to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of
89 one hundred percentum (100%) of the fair market value of such real property except for public service real property, which
90 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
91
92 Sec. 8. Amount of Levy on Real Estate Within the Bavville Creek Special Service District.
93 There shall be levied and collected for fiscal year 2013 taxes for the special purpose of providing neighborhood
94 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Bavville Creek Special Service
95 District not exempt from taxation at the rate of thirty six and three -tenths cents ($0.363) on each one hundred dollars
96 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1
97 of this ordinance This tax rate shall apply without reduction to any properties subject to ad valorem taxes including those
98 properties enrolled in the Exemption Deferral or Freeze for Elderly and Disabled Persons City Code §§ 35-61, et seq. As set
99 forth in Code of Virginia section 15.2-2403(6) written consent is required to apply this tax rate to the full assessed value of
100 properties subject to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of
101 one hundred percentum (100%) of the fair market value of such real property except for public service real property, which
102 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
103
104 Sec. 6.9. Severability.
105
106
107
108
109
110
111
112
113
If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portions of this ordinance.
Sec..7,10.Effective Date.
The effective date of this ordinance shall be July 1, 2012.
Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day of May, 2012.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Managemen ervi es
LL
ity A s gce
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL
2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR
3 2013
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5
6 Sec. 1. Amount of Levy on the General Classification of Tangible Personal Property.
7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general
8 purposes for the calendar year 2013 on all tangible personal property, including all separate classifications of personal
9 property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the
10 rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof.
11
12 Sec. 2. Personal Property Tax Relief.
13 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not otherwise
14 exempted from taxation in this ordinance or by law, shall be subject to the following:
15 1 Any qualifying -vehicle with a total assessed value of $1,000 or less will be levied no tax.
16 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 34.0°6 41% of
17 the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state under the
18 Personal Property Tax Relief Act equal to the remaining 66.0% 59% of the computed tax on the first $20,000 of assessed
19 value.
20 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 34.0% 41% of the computed tax
21 based on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in excess of
22 $20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining
23 66.0% 59% of the computed tax on the first $20,000 of assessed value.
24 4. Pursuant to authority conferred in Item 503.D of the 2005 Virginia Appropriations Act, the City Treasurer is
25 authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due without regard to any
26 former entitlement to state relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a
27 qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such earlier date as
28 reimbursement with respect to such bill is no longer available from the Commonwealth, whichever earlier occurs. Penalties
29 and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed.
30 Interest shall be computed from the original due date of the tax.
31
32 Sec. 3. Amount of Levy on Certain Classifications of Tangible Personal Property
33 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general
34 purposes for the calendar year 2013 on the certain classifications of tangible personal property set forth below at the rate
35 of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof.
36 a. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (8);
37 b. computer equipment as described in Code of Virginia § 58.1-3506 (A) (11);
38 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution control
39 equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or devices and
40 certified recycling equipment, facilities or devices";
41 d. furniture, office, and maintenance equipment as described in Code of Virginia § 58.1-3506 (A) (24);
42 e. all tangible personal property employed in a trade or business other than described in subdivisions A 1
43 through A 18, except for subdivision A 17, of § 58.1-3503 as described in Code of Virginia § 58.1-3506 (A) (26);
44 f. programmable computer equipment and peripherals employed in a trade or business ad described in Code of
45 Virginia § 58.1-3506 (A) (27);
46 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 58-1-
47 3506 (A) (31);
48 h. forest harvesting and silvicultural activity as described in Code of Virginia § 58-1-3506 (A) (33);
49 i. equipment used primarily for research, development, production or provision of biotechnology as described in
50 Code of Virginia § 58-1-3506 (A) (34);
51 j. tangible personal property which is owned and operated by a service provider who is not a CMRS provider and
52 is not licensed by the FCC used to provide, for a fee, wireless broadband internet service as described in Code of Virginia §
53 58-1-3506 (A) (37).
54
55 Sec. 4. Amount of Levy on Manufactured Homes.
56 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all vehicles without
57 motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of
58 Virginia, at the rate of eighty nine ninety-five cents ($0.89) 0.95 on each one hundred dollars ($100) of assessed
59 valuation thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10).
60
61 Sec. 5. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only.
62 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all boats or watercraft
63 used for business purposes (both boats weighing less than five (5) tons and boats weighing five (5) tons or more), except as
64 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars
65 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections
66 58.1-3506 (A) (35) and (A) (36).
67
68 Sec. 6. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes.
69 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all boats or watercraft
70 not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or more, except as
71 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars
72 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections
73 58.1-3506 (A) (1) (a) and (A) (1) (b).
74
75 Sec. 7. Amount of Levy on Machinery and Tools.
76 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general
77 purposes for the calendar year 2013 taxes on machinery and tools, including machinery and tools used directly in the
78 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one millionth of
79 one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia §
80 58.1-3506 (B), the following personal property shall also be taxed at the rate of machinery and tools:
81 a. all tangible personal property used in research and development businesses, as described in Code of
82 Virginia § 58.1-3506 (A) (7);
83 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and
84 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to
85 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506
86 (A)(25).
87
88 Sec. 8. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only.
89 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all privately owned
90 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on
91 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal
92 property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29).
93
94 Sec. 9. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used for
95 Recreational Purposes Only, and Privately Owned Horse Trailers.
96 There shall be levied and collected for general purposes for the calendar year 2013 taxes at the rate of one dollar
97 and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all
98 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately
99 owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b)
100 privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the transportation of
101 horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of Virginia. Such property declared
102 a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30).
103
104 Sec. 10. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran.
105 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2013 at the rate of
106 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned
107 and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is
108 blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in
109 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the
110 rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to the
111 Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or
112 classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 (A) (19), and that his or
113 her disability is service connected. Such property declared a separate class of tangible personal property in Section 58.1-
114 3506 (A) (19).
115
116 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty -Five
117 Years of Age or Anyone Found to be Permanently and Totally Disabled.
118 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied and
119 collected for general purposes for calendar year 2013, at the rate of three dollars ($3.00) on each one hundred dollars
120 ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily by or for anyone at least
121 sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the
122 Code of Virginia, subject to the following conditions:
123 1. The total combined income received, excluding the first $7,500 of income, from all sources during
124 calendar year 2012 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000).
125 2. The owner's net financial worth, including the present value of all equitable interests, as of December
126 31 of calendar year 2012, excluding the value of the principal residence and the land, not exceeding one (1) acre, upon
127 which it is situated, shall not exceed seventy thousand dollars ($70,000).
128 3. All income and net worth limitations shall be computed by aggregating the income and assets, as the
129 case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle
130 who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle
131 may be titled.
132 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if
133 either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied.
134
135 Sec. 12. Assessed Value Determination.
136 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections
137 shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia
138 Beach.
139
140 Sec. 13. Severability.
141 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not
142 affect the validity of the remaining portions of this ordinance.
143
144 Sec. 14. Effective Date.
145 This ordinance shall be effective January 1, 2013.
146
147 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012.
148
149 Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Cit
ey'
ice
1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN
2 ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING
3 AND URBAN DEVELOPMENT
4 WHEREAS, the United States Congress has established legislation designated as the Housing and Community
5 Development Act of 1974 that sets forth the development of viable urban communities as a national goal;
6
7 WHEREAS, there is federal assistance available for the support of Community Development and Housing activities
8 directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income
9 neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock
10 and community services, along with other related activities; and
11
12 WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia Beach has
13 developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created
14 the necessary mechanisms for its implementation in compliance with federal and local directives.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
17
18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to
19 submit the City's FY 2012-13 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and
20 assurances contained therein and such additional information as may be required, to the Department of Housing and Urban
21 Development to permit the review, approval, and funding of the Plan.
22
23 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Cit �or y' f f i c e
1 AN ORDINANCE TO DECLARE $7,000,000 OF FUNDING WITHIN THE
2 SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS SURPLUS
3 FUNDS IN THE FY 2011-12 OPERATING BUDGET
4 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special Service
5 District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration and
6 management at Sandbridge;
7
8 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding is
9 adequate for long-term beach and shoreline restoration and management along Sandbridge;
10
11 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding to
12 meet long-term obligations for beach and shoreline restoration and management;
13
14 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the project;
15 and
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17 WHEREAS, $ 7,000,000 is available as an unencumbered appropriation in the FY 2011-12 Sandbridge TIF Reserve
18 for Future Commitments.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
21
22 (1) That $ 7,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term
23 obligations for beach and shoreline restoration and management and is hereby declared surplus.
24
25 (2) That $ 7,000,000 is hereby transferred within the FY 2011-12 Operating Budget from the Sandbridge TIF to
26 the General Fund — Unappropriated Real Estate Tax Revenues.
27
28 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2012.
29
30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8`h day of May, 2012.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
LAManagement Services City ey' fice
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AN ORDINANCE TO COMPLETE THE CITY'S FINANCIAL OBLIGATIONS
ASSOCIATED WITH THE LYNNHAVEN MALL DEVELOPMENT
AGREEMENT AND DISSOLVE THE LYNNHAVEN MALL TAX INCREMENT
FINANCING FUND
WHEREAS, the City Council established the Lynnhaven Mall Tax Increment Financing Fund on June 9,
1998;
WHEREAS, the City entered into the Lynnhaven Mall Development Agreement ("Agreement") on June
29, 2000 with Knickerbocker Properties, Inc. III to enhance the retail and theater amenities for the City's residents
and visitors, while also addressing public parking, transit opportunities, and storm water management needs
within a Tax Increment Financing District;
WHEREAS, the parking lease component of the Development Agreement has a twenty year term, which
will continue after the City's financial obligations have been satisfied;
WHEREAS, the Agreement specifies the City's financial obligations and provides for a one percent (1%)
reduction for each fiscal year prior to FY 2013-14 the City meets its financial obligations; and
WHEREAS, sufficient fund balance is available in the Fund in addition to FY 2011-12 appropriations to
fulfill the City's obligations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. That $1,133,984 is hereby appropriated from the fund balance of the Fund to fulfill the City's
financial obligations under the Agreement.
2. That any remaining funds after the City fulfills its financial obligations under the Agreement shall
be declared to be surplus.
3. That any surplus funds in the Fund shall be transferred to the General Fund, wherein such funds
will lapse to the General Fund's fund balance at the end of the fiscal year.
4. That the Lynnhaven Mall Tax Increment Financing Fund shall be dissolved on June 30, 2012.
5. That this ordinance shall be effective on the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of May, 2012.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
&-4 J -k
Management Services Cit r y's 0ffice
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE SANITARY
SEWER SERVICE WATER TAP SIZES
SECTION ADDED: § 28-26.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding thereto a new
section 23-26.1 to read as follows:
Sec 28-26.1. Nonresidential Tap Sizing.
For nonresidential uses wherein an Omni type meter combines domestic and fire flow through a single meter, the
sewer charge provided by section 28-26 shall be based on a meter size equal to the calculated domestic flow.
BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2012.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012.
APPROVED AS TO CONTENT:
Management Services
r
APPROVED AS TO LEGAL SUFFICIENCY:
Ci ey Office
I AN ORDINANCE TO AMEND CHAPTERS 8 AND 33 OF THE CITY CODE BY ADDING NEW
2 SECTIONS 8-37 AND 33-72, ESTABLISHING A TECHNOLOGY FEE IN THE AMOUNT OF
3 FIVE DOLLARS FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, FENCE, SIGN,
4 RIGHT-OF-WAY AND CERTAIN OTHER PERMITS
5 Sections Added: City Code Sections 8-37 and 33-72
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
8
9 That Chapter 8 of the City Code is hereby amended by the addition of a new City Code Section 8-37, establishing a
10 technology fee in the amount of $5.00 for building and certain other permits required by Sections 8-31, 8-31.1, 8-32, 8-33,
11 8-34, and Chapter 33 is hereby amended by the addition of a new City Code Section 33-72, establishing a technology fee in
12 the amount of $5.00 for right-of-way permits required by City Code Section 33-51, to read as follows:
13
14 CHAPTER 8. BUILDINGS AND BUILDING REGULATIONS
15
16 ....
17
18 ARTICLE II. VIRGINIA UNIFORM STATEWIDE BUILDING CODE.
19
20 DIVISION 1. GENERALLY
21
22 ....
23
24 Sec. 8-31. - Permit fees—Building permits.
25
26 (a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish any building or structure
27 as defined in the Virginia Uniform Statewide Building Code without first obtaining a building permit therefor and paying the
28 permit fees set forth in this section.
29
30 (b) The minimum fee for any building permit shall be thirty dollars ($30.00).
31
32 (c) For the construction of any building or addition thereto where the floor area is increased and for the
33 installation or erection of any industrialized building unit, the fee shall be based on the floor area to be constructed, as
34 computed from exterior building dimensions at each floor, as follows:
35
36 (1) Residential—living area—Thirty dollars ($30.00) plus seven dollars ($7.00) for each one hundred
37 (100) square feet or fraction thereof.
38
39 (2) Residential—nonheated building area (residential accessory buildings and structures)—Thirty
40 dollars ($30.00) plus four dollars ($4.00) for each one hundred (100) square feet or fraction
41 thereof.
42
43 (3) Businesses/mercantile—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each
44 one hundred (100) square feet or fraction thereof.
45
46 (4) Institutional—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one
47 hundred (100) square feet or fraction thereof.
48
49 (5) Assembly, churches, and government buildings—building area—Thirty dollars ($30.00) plus eight
50 dollars ($8.00) for each one hundred (100) square feet or fraction thereof.
(6) Storage—building area—Thirty dollars ($30.00) plus four dollars ($4.00) for each one hundred
(100) square feet or fraction thereof.
(7) Hazardous storage or occupancy—building area—Thirty dollars ($30.00) plus eight dollars ($8.00)
for each one hundred (100) square feet or fraction thereof.
(8) Industrial—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred
(100) square feet or fraction thereof.
(9) Farm buildings—building area—Thirty dollars ($30.00) plus three dollars ($3.00) for each one
hundred (100) square feet or fraction thereof. Farm buildings and structures shall be subject to
the requirements of this section; provided, however, that farm buildings and structures not used
for residential purposes shall not be subject to the technical requirements of the Virginia
Uniform Statewide Building Code.
(10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial interior finish,
miscellaneous structures and structures located in a Chesapeake Bay Preservation Area or a
Southern Watersheds Area for which a permit fee is not otherwise prescribed by this section,
including, but not limited to, patios and driveways—value of construction—Thirty dollars
($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value of
construction or fraction thereof.
(11) Moving of buildings or structures: For the moving of any building or structure into, out of,
through or within the city, the fee shall be calculated in accordance with subsection (c)(1).
(12) Demolitions: For the demolition of any building or structure, the fee shall be fifty dollars
($50.00).
(13) Signs:
a. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of
signs shall be based on the total surface area of all sign faces, and shall be as follows:
1. Single -face signs:
4-32 square feet .....$46.00
33-75 square feet .....69.00
76-150 square feet .....115.00
2. Double -face signs:
4-32 square feet .....$92.00
33-75 square feet .....115.00
76-150 square feet .....138.00
b. The fee for a permit for the repair of a billboard shall be in accordance with subsection
(c)(10).
C. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of
temporary signs shall be in an amount equal to one-half of the fee chargeable for
permanent signs of like size.
103 (14) Administrative fee: If any construction, alteration, repair, or other work requiring a permit under
104 this article is commenced before a permit is secured and fee paid for same, an administrative fee
105 of one hundred fifty dollars ($150.00) shall be added to the fee due. Payment of such
106 administrative fee shall not in any way relieve the violator of any criminal prosecution.
107
108 (15) Tents: Tents and other temporary structures permit fee shall be Thirty dollars ($30.00).
109
110 (16) Reinspection fee: There shall be a minimum of fifty dollars ($50.00) additional fee charged for
111 each reinspection.
112
113 (16.1) DFU pre -inspection fee: There shall be a fifty dollar ($50.00) fee for pre -inspections for DFU
114 disconnections.
115
116 (17) Appeal: The fee for submitting an appeal to the board of building code appeals shall be one
117 hundred dollars ($100.00). Such fee shall be paid by the appellant.
118
119 (18) Change of use/certificate of occupancy for existing structure(s):
120
121 a. The minimum fee for the inspection of any new construction or existing structure
122 requested by the permit holder shall be fifty dollars ($50.00) for each inspection.
123
124 b. The minimum fee associated with a change of use or request for a certificate of
125 occupancy for an existing structure or structures on the same property shall be seventy -
126 five dollars ($75.00).
127
128 (19) Application for septic tank soil evaluation: The fee shall be fifty dollars ($50.00) paid at the time
129 of application. If the application is approved, the septic tank permit shall be issued with no
130 additional fee.
131
132 (20) There shall also be a review fee in the amount of one hundred dollars ($100.00) for review of
133 commercial plans.
134
135 COMMENT
136
137 This section is shown for references purposes only; no substantive changes are made.
138
139 Sec. 8-31.1. - Fences and walls.
140
141 (a) A permit shall be required for the construction, reconstruction, replacement or relocation of any fence or
142 wall located within thirty (30) feet of a public right-of-way, except fences or walls used principally for agricultural or
143 horticultural purposes in an AG Agricultural Zoning District. Any such fence or wall located upon more than one (1) lot shall
144 require a separate permit for each such lot, except lots under common ownership.
145
146 (b) The fee for permits required by this section shall be thirty dollars ($30.00).
147
148 COMMENT
149
150 This section is shown for references purposes only; no substantive changes are made.
151
152 Sec. 8-32. - Same—Plumbing permits.
153
154 (a) The fee for a permit for plumbing work, as required by the building code, shall be thirty dollars ($30.00)
155 and, in addition thereto, the following:
156 (1) Each plumbing fixture, floor drain or tap: Six dollars ($6.00).
157
158 (2) Each house sewer connection: Thirty dollars ($30.00).
159
160 (3) Each house water connection: Thirty dollars ($30.00).
161
162 (4) On-site sanitary sewer collector lines: one building—thirty dollars ($30.00), two (2) or more
163 buildings—fifty dollars ($50.00) for each building.
164
165 (5) On-site potable water distribution lines: one building—thirty dollars ($30.00), two (2) or more
166 buildings—fifty dollars ($50.00) for each building.
167
168 (6) Public utilities ultra low flush toilet program: thirty dollars ($30.00) for the first three (3) toilets
169 plus five dollars ($5.00) for each toilet over three (3).
170
171 (b) The fees prescribed in this section shall be in addition to the sewer and water connection fees and
172 charges provided for in chapters 28 and 37 of this Code.
173
174 (c) On any plumbing work commenced before a plumbing permit has been issued and the requisite fee paid
175 therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of
176 such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts.
177
178 COMMENT
179
180 This section is shown for references purposes only; no substantive changes are made.
181
182 Sec. 8-33. - Same—Mechanical, life safety, elevator and gas permits.
183
184 (a) The minimum fee for the installation or replacement of mechanical/life safety systems or equipment shall
185 be thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value or fraction thereof.
186
187 (b) The minimum fee for the installation of gas outlets for a gas piping system shall be thirty dollars ($30.00)
188 plus four dollars ($4.00) for each outlet.
189
190 (c) The minimum fee for the relocation of a gas meter shall be thirty dollars ($30.00).
191
192 (d) For annual inspections of elevators and escalators, the fees shall be as follows:
193
194 (1) Annual safety test and inspection:
195
196 a. Tractor/cable elevator—$100.00.
197
198 b. Hydraulic elevator—$100.00.
199
200 C. Freight elevators—$100.00.
201
202 d. Escalator—$100.00.
203
204 (2) Five-year full rate load safety test and inspection:
205
206 a. Tractor/cable elevators—$100.00.
207
208 (e) On any mechanical, life safety, elevator or gas work commenced before a mechanical permit has been
209 issued and the requisite fee paid therefore, and administrative fee of one hundred fifty dollars ($150.00) per unit shall be
210 added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as
211 may be imposed by the courts.
212
213 COMMENT
214
215 This section is shown for references purposes only; no substantive changes are made.
216
217 Sec. 8-34. - Same—Electrical permits.
218
219 (a) The fee for a permit for electrical work, as required by the building code, shall be as specified in this
220 section.
221
222 (b) There shall be charged a minimum fee of thirty dollars ($30.00) for each permit issued.
223
224 (c) For a permit issued for a temporary service, such as a trailer, house meter or meter loop added to an
225 existing service, the fee shall be thirty dollars ($30.00).
226
227 (d) For a permit for any special condition, such as and including temporary electrical release for construction
228 purposes, buildings moved, swimming pools, carnivals, services relocated but not increased and the like, the fee shall be a
229 minimum of fifty dollars ($50.00). The fee for a permit for prefabricated buildings for out -of -city use shall be thirty dollars
230 ($30.00).
231
232 (e) For a permit issued for original construction, the following fees include all equipment outlets only if
233 specifically listed on the application and installed by the permit holder before the final inspection, such fees being based on
234 the maximum current carrying capacity of each set or subset of service conductors installed, to the nearest fifty (50)
235 amperes:
236
237 (1) Single-phase: Thirty dollars ($30.00) plus twenty dollars ($20.00) for each fifty (50) amperes.
238
239 (2) Three-phase: Eighty dollars ($80.00) for the first fifty (50) amperes plus twenty dollars ($20.00)
240 for each additional fifty (50) amperes.
241
242 When services are increased or phases added, the fee shall be one-half the rate above, plus the added equipment fee. For
243 fee purposes, the service -panel nameplate amperage rating shall be used.
244
245 (f) For each piece of equipment connected and for each circuit or feeder installed, extended, relocated or
246 repaired, the fee shall be thirty dollars ($30.00) plus five dollars ($5.00) per circuit.
247
248 (g) On any electrical work commenced before an electrical permit has been issued and the requisite fee paid
249 therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of
250 such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts.
251
252 COMMENT
253
254 This section is shown for references purposes only; no substantive changes are made.
255
256 Sec. 8-37. Technology fee.
257
258 In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00)
259 for permits issued pursuant to Sections 8-31 8-31.1, 8-32 8-33 8-34. Such fee shall be for the following purposes:
260
261 (a) To improve community access to general information about cases applications permits and inspections
262 by providing online user-friendly search and viewing tools;
263
264 (b) To facilitate communications with property owners consultants and contractors through use of on-line
265 checklist and activity tracking that automatically emails notifications and updates regarding permit status and other
266 information not previously available on-line;
267
268 (c) To increase transparency and accountability in business operations by providing users the ability to track
269 all transactions online;
270
271 (d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on
272 demand; and
273
274 (e) To improve and expand electronic document storage management and retrieval by including scanned
275 images as part of the on-line permit record.
276
277 COMMENT
278
279 The section establishes a new technology fee in the amount of $5.00 for permits issued under the City Code
280 sections listed in the ordinance and sets forth the purposes of the fee. The use of the technology for which the fee is
281 established will significantly upgrade the permitting process, thereby facilitating its use by property owners and other
282 users of the system and allowing for greater efficiency in keeping permit records.
283
284 CHAPTER 33. STREETS AND SIDEWALKS
285
286 ....
287
288 ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS
289
290 ....
291
292 Division 2. Permit Generally
293
294 Sec. 33-51. General requirement.
295
296 Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection
297 with the erection, construction, removal, relocation or maintenance of any structure, drainage system, surface, overhead or
298 underground installation or to cut, trim or spray trees or to place signs, if such work, cutting, trimming, spraying or placing
299 is on, under or over a street or affects a street, until such person has obtained a permit therefor in accordance with the
300 provisions of this division.
301
302 COMMENT
303
304 This section is shown for references purposes only; no substantive changes are made.
305
306
307
308 Division 3. Permit, Inspection and guarantee fees.
309
310 Sec. 33-71. - Schedule.
311
312 (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be required or
313 not required in accordance with the following schedule:
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
(b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars
($84.00) shall be required.
COMMENT
This section is shown for references purposes only; no substantive changes are made.
Sec. 8-72. Technology fee.
In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00)
for permits issued pursuant to Section 33-51. Such fee shall be for the following purposes:
(a) To improve community access to general information about cases applications, permits and inspections
by providing online user-friendly search and viewing tools:
(b) To facilitate communications with property owners consultants and contractors through use of on-line
checklist and activity tracking that automatically emails notifications and updates regarding permit status and other
information not previously available on-line;
(c) To increase transparency and accountability in business operations by providing users the ability to track
all transactions online;
(d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on
demand; and
Type of Project
Permit Fee
Inspection Fee
Minimum Guarantee Fee
(1)
One (1) permit for work
$100.00
Based on 1.5% the total cost of
Deposit in accordance
of a continuing nature
construction as provided in the
with estimated cost
engineer's cost estimate, excluding
water, sewer and street light costs,
witha $50.00 minimum.
(2)
Logging road, tram road
$100.00
$50.00
Deposit in accordance
and other temporary
with estimated cost
entrances
(3)
Cutting, trimming or
$100.00
$50.00
$25.00
spraying trees or shrubs
(4)
Blanket permit
$500.00
$0.00
$0.00
(5)
Single- or two-family
$35.00
$0.00
$0.00
driveway aprons
(6)
Single permit
$100.00
$0.00
$0.00
(7)
All other work
$100.00
Based on 1.5% of the total cost of
Deposit in accordance
construction as provided in the
with estimated cost.
engineer's cost estimate, excluding
street light costs, with a $50.00
minimum; provided, however, that
water and sewer fees shall be based
on 10% of the construction cost up to
$7,500.00 plus 1.5% of the
construction cost in excess of
$7,500.00, with a $50.00 minimum.
(b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars
($84.00) shall be required.
COMMENT
This section is shown for references purposes only; no substantive changes are made.
Sec. 8-72. Technology fee.
In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00)
for permits issued pursuant to Section 33-51. Such fee shall be for the following purposes:
(a) To improve community access to general information about cases applications, permits and inspections
by providing online user-friendly search and viewing tools:
(b) To facilitate communications with property owners consultants and contractors through use of on-line
checklist and activity tracking that automatically emails notifications and updates regarding permit status and other
information not previously available on-line;
(c) To increase transparency and accountability in business operations by providing users the ability to track
all transactions online;
(d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on
demand; and
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
(e) To improve and expand electronic document storage management and retrieval by including scanned
images as part of the on-line permit record.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH:
That this ordinance shall take effect on July 1, 2012.
COMMENT
The section establishes a new "technology fee" in the amount of $5.00 for permits issued under City Code
Section 33-51 (pertaining to permits for work on, under, over or affecting public rights-of-way) and sets forth the
purposes of the fee. The use of the technology for which the fee is established will significantly upgrade the permitting
process, thereby facilitating its use by property owners and other users of the system and allowing for greater efficiency
in keeping permit records.
Adopted by the City Council of the City of Virginia Beach, Virginia on the 8 1 day of May, 2012.
APPROVED AS TO CONTENT:
o' 6�
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
y rn s ffice
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: MayorNice Mayor Proposal on the FY 2012-13 Capital Improvement Program
Related Ordinances
MEETING DATE: May 8, 2012
■ Background: On March 27, 2012, the City of Virginia Beach FY 2012-13
Proposed Resource Management Plan, which includes the Operating Budget and
Capital Improvement Program, was presented to City Council. The City held a budget
open house April 5th to provide information to citizens about the proposed budget. City
Council held budget workshops on April 3th, 10th, 17th, 24th, and May 1St to discuss the
budget. City Council held public hearings on April 18th, 24th, and May 8th to provide the
public the opportunity to comment on the proposed Resource Management Plan.
Considerations: Based on the letter dated May 1St signed by Mayor William D.
Sessoms, Jr. and Vice Mayor Louis R. Jones, the following adjustments are made to the
FY 2013 Capital Budget and Capital Improvement Program:
1. $120,000 in the CIP establishes a project for Pleasure House Point Mitigation
analysis.
2. $565,000 in the CIP to increase funding for the capital maintenance of city operated
historic homes (#3-103). Including funding for HVAC improvements, electrical
upgrades, pavement of the parking lots and ADA improvements.
3. $1,000,000 in the CIP to establish a project to begin legal and permitting work for the
restoration of the Chesapeake Bay Beaches.
4. $2,850,000 in the CIP to fund a project for the extension of Field House Road
(Sportsplex Drive). $1,428,886 will come from the Bond Premium with the remaining
$1,421,114 in increased Charter Bond use. We should achieve considerable savings
by partnering with adjacent private development.
5. $250,000 for improvements at the intersection of Indian River Road and Princess
Anne Road in conjunction with the adjacent private redevelopment.
6. $8,910,696 in the CIP to reestablish the Kempsville Recreation Center
Modernization Project (#4-509) at $20 million by Year 3 of the Capital Improvement
Program with an additional $11,089,304 in Charter Bonds being used in 2015 for
construction. The $8,910,696 is provided through the Bond Premium.
1
1 AN ORDINANCE TO ADOPT THE FY 2013/FY 2018 CAPITAL
2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $277,566,687 FOR
3 THE FY 2013 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED
4 FROM VARIOUS SOURCES SET FORTH HEREIN
5 WHEREAS, the City Manager, on March 27, 2012, presented to City Council the Capital Improvement Program for
6 fiscal years 2013 through 2018;
7
8 WHEREAS, City Council held public hearings on the program to provide for public comment;
9
0 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital
1 Improvement Program; and
2
3 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2013 fiscal
4 year, as set forth in said Capital Improvement Program.
5
6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capital
facilities identified for fiscal years 2013 through 2018 is hereby adopted, and the projects listed therein are hereby
approved as capital projects.
Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until
funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any
manner at any time by City Council.
Section 3. That funds in the amounts aggregating $277,566,687 for capital projects in the Capital Budget for the
2013 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the
conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A — Capital Budget
Appropriations," a copy of which is attached hereto.
Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget
for the 2013 fiscal year as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B —
Financing Sources."
Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said
Capital Improvement Program and reallocated as identified in "Attachment C — Transfers," a copy of which is attached
hereto.
Section 6. That reductions in financing sources in support of the Capital Budget for the 2013 fiscal year as set forth in
said Capital Improvement Program are attached to this ordinance as "Attachment D — Changes in Financing Sources."
Section 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be
initiated except with the consent and approval of the City Council first being obtained. An appropriation for a project in the
Capital Improvement Program shall continue in force, and, to the extent required by law, re -appropriated for use in FY
2012-13 until the purpose for which it was made has been accomplished or abandoned.
Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects,
must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract.
Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the
Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000
between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City
53 Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is
54 hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices,
55 reporting requirements and the Capital Improvement Program adopted by the City Council.
56
57 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer
58 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects"
59 mean water and sewer projects having the same name or project scope and description with the exception of "water" or
60 "sewer" being in the title and/or project scope and description.
61
62 Section 11. That the City Manager or the Director of Management Services is hereby authorized to change, subject
63 to any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects
64 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or
65 realized revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of
66 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue,
67 those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of
68 any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of
69 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a
70 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds.
71
72ill
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73
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74
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75
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76 GIP #4
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,
77
78
79 Section 12 13. That the Capital Improvement Program debt management policies contained and included in the
80 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report
81 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those
82 guidelines, such information to be included in the Resource Management Plan submittal. The City Manager may propose
83 modifications to those policies and guidelines through the Resource Management Plan.
84
85 Section 13 14. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real
86 property necessary for the project is authorized by means of voluntary negotiation with willing sellers.
87
88 Section 14 45. That violation of this ordinance shall result in the City Manager taking disciplinary action against the
89 person or persons responsible for the capital project in which the violation occurred.
90
91 Section 15 44. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such
92 decision shall not affect the validity of the remaining portions of this ordinance.
93
94 Section 16 44. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY
95 2013 Capital Budget shall be effective on July 1, 2012.
96
97 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
98
99 Requires an affirmative vote of the majority of City Council
100
APPROVED AS TO CONTENT:
1� an -A ) (I -
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Cit Office
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Project
Number Projects
Appropriations
FY 2012-13
Buildings - CRO
3103000 Heritage Building - Maintenance Program 618,850
3146000 VA Aquarium Bldg Systems & Facility Infrastructure - Ph 1 3,200,000
3278000 Virginia Aquarium Renewal and Replacement - Phase II 300,000
Total Buildings - CRO Projects 4,118,850
Buildings - FYO
3510000 Intermediate Care Facilities Renewal/Replacement-Phase 1 389,086
Total Buildings - FYO Projects 389,086
Buildings - QELL
3262000 TCC Expansion/Operation Smile Headquarters 801,500
Total Buildings - QELL Projects 801,500
Buildings - QPE
3136000 Various Buildings HVAC Rehabilitation & Renewal -Phase III 1,104,962
3137000 Various Buildings Rehabilitation and Renewal - Phase III 534,113
3139000 Various Site Acquisitions - Phase II 1,274,081
Total Buildings - QPE Projects 2,913,156
Buildinas - SC
3133000 Fire Training Center Improvements - Phase III 400,000
3371000 Fire Apparatus - Phase II 1,501,547
3506000 Fire Facility Rehabilitation and Renewal - Phase III 1,316,710
Total Buildings - SC Projects 3,218,257
Project
Number
8002000
8004000
8014000
8282000
8405000
8406000
8407000
8408000
8409000
8500000
8501000
3068000
3119000
3637000
3638000
3646000
3652000
3095000
3142000
3619000
Projects
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Coastal
Beach Profile Monitoring Program
Various Minor Dredging Projects
Lynnhaven Inlet Maintenance Dredging
Sandbridge Beach Restoration
Sandbridge Beach Access Improvements - Phase II
Rudee Inlet Federal Dredging - Phase II
Rudee Inlet Outer Channel Maintenance Dredging -Phase II
Pleasure House Point Mitigation
Chesapeake Bay Beach Restoration
Old Donation Creek Area Dredging
Bayville Creek Neighborhood Dredging
Communications and IT - QO
CIT - IT Network Infrastructure Replacement - Phase II
CIT - Cable Access Infrastructure Replacement Phase I
CIT - Disaster Recovery - Critical Service Analysis -Phase III
CIT - Application Portfolio Sustainment
CIT - eGIS Base Map Updates (Partial Funding)
CIT - Telecommunications Replacement - Phase II
Appropriations
FY 2012-13
50,000
176,336
200,000
4,529,405
275,000
550,000
450,000
120,000
1,000,000
68,652
50,508
Total Coastal Projects 7,469,901
Total Communications and IT - QO Projects
Communications and IT - SC
CIT - Police - Integrated Public Safety Record Management System
CIT - Communications Infrastructure Replacement - Phase II
CIT - ALI Database Management & Selective Routing
Total Communications and IT - SC Projects
300,000
322,000
436,150
350,000
336,579
350,000
2,094,729
3,792,588
11,750,000
1,645,176
17,187, 764
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Project
City Bikeways & Trails Plan Implementation - Phase II
Appropriations
Number
Projects
FY 2012-13
4301000
Economic and Tourism Dev - EV
4302000
9058000
Rudee Inlet Connector Walk
700,000
9060000
Oceana & Interfacility Traffic Area Conformity & Acquisition
15,000,000
9069000
19th Street Corridor Improvements
100,000
9081000
Strategic Growth Area Projects
1,250,000
9082000
Oceanfront Parking Facilities Capital Maintenance
300,000
9083000
Town Center Garage and Plaza Capital Maintenance
283,564
9085000
SGA - Burton Station Road Improvements - Phase II
2,600,000
9091000
SGA - Burton Station Road Improvements - Phase III
6,750,000
9141000
Economic Development Investment Program (On -Going)
2,243,725
9500000
Virginia Beach Amphitheater Capital Maintenance
200,000
9504000
Newtown Strategic Growth Area
750,000
9505000
Pembroke Strategic Growth Area
750,000
9506000
Rosemont Strategic Growth Area
750,000
Total Economic and Tourism Dev - EV Projects
31,677,289
Parks and Recreation
4064000
City Bikeways & Trails Plan Implementation - Phase II
4080000
Sportsplex Field Hockey National Trng Ctr Rep/Reno Ph 1
4300000
Community Recreation Ctrs Repairs & Renovations - Ph III
4301000
Parks & Special Use Facilities Develop. & Reno. - Phase III
4302000
Golf Courses Contractual Obligations for Maintenance
4303000
Greenways, Scenic Waterways & Natural Areas - Phase III
4305000
Tennis Court Renovations - Phase III
4306000
Open Space Park Development and Maintenance - Phase II
4307000
Athletic Fields Lighting & Renovations - Phase III
4308000
Open Space Program Site Acquisition - Phase III
4309000
Mount Trashmore Signature Park Renovations - Phase II
4500000
Park Playground Renovations - Phase III
4502000
Lynnhaven Boat Ramp & Beach Facility Repairs/Reno - Ph 1
4505000
Replacement of Bow Creek Recreation Center
4509000
Modernization of Kempsville Recreation Center
4517000
Stumpy Lake Golf Course Lease Obligations - Ph 1
4518000
Pleasure House Point Acquisition
Total Parks and Recreation Projects
475,000
391,316
1,976,542
1,114,682
120,000
125,000
125,000
1,500, 000
150,000
500,000
250,000
500,000
49,527
17,418,934
8,910,696
96,265
6,000,000
39,702,962
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Project
Renovations and Replacements - Energy Management
Appropriations
Number
Projects
FY 2012-13
1103000
Roadways
2,500,000
2021000
Rural Road Improvements
1,000,000
2025000
Witchduck Road - Phase II
10,143,000
2031000
Street Reconstruction
2,150,000
2048000
Princess Anne Rd./Kempsville Rd. Inter. Impr.
537,016
2107000
Seaboard Road
4,584,267
2117000
Shore Drive Corridor Improvements - Phase III
3,289,247
2145000
Wesleyan Drive
800,450
2152000
Elbow Road Extended - Ph. II
5,293,958
2160000
City Wide Street Lighting Improvements - Phase II
60,000
2161000
Traffic Signal Retiming
599,800
2165000
Laskin Road - Phase II
560,000
2168000
Lesner Bridge Replacement
30,000,000
2176000
Transportation Network Analysis
100,000
2177000
Proactive Safety Improvement Program
75,000
2256000
Indian River Rd - Ph. VII
561,000
2263000
Major Bridge Rehabilitation
660,000
2268000
Wetlands Mitigation Banking
50,000
2300000
Traffic Safety Improvements - Phase III
2,675,837
2401000
Greenwich Road Crossover
340,000
2409000
Centerville Turnpike Interim Improvements
6,376,097
2410000
Traffic Signal Rehabilitation - Phase II
100,000
2418000
Indian River Rd/Kempsville Rd Intersection Improvements
3,295,000
2421000
Sportsplex Drive
2,850,000
2422000
Indian River Rd/Princess Anne Rd Intersection Improvements
250,000
2837000
Various Cost Participation Projects
25,000
Total Roadways Projects
76,375,672
Schools
1001000
Renovations and Replacements - Energy Management
500,000
1099000
Renovations and Replacements - Grounds - Phase II
750,000
1103000
Renovations and Replacements - HVAC Systems - Phase II
2,500,000
1104000
Renovations and Replacements - Reroofing - Phase II
2,675,000
1105000
Renovations and Replacements - Various - Phase II
500,000
1106000
Kellam High School Replacement
22,196,000
1109000
Energy Performance Contracts (Schools)
2,500,000
1232000
Tennis Court Renovations
320,000
1233000
Consolidated Old Donation Ctr/Kemps Landing Magnet Rep
5,450,000
Total Schools Projects
37,391,000
Project
Number
6041000
6057000
6061000
6070000
6085000
6089000
6090000
6092000
6093000
6106000
6146000
6151000
6403000
6404000
6405000
6501000
6552000
6555000
6557000
6564000
6567000
6604000
6804000
6952000
6953000
6973000
Projects
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Sewer Utility
Pump Station Modifications - Phase V
Holland Road - Phase VI Sewer Improvements (VDOT)
Utilities Emergency Response Program - Phase II
Infiltration, Inflow and Rehabilitation - Phase V
Sanitary Sewer Asset Management Program - Phase II
Comprehensive Sewer Master Planning - Phase IV
Clean Water Act Compliance Studies Phase I
Vacuum Valve Monitoring System
Consent Order Rehabilitation Plan Implementation Prg Ph I
Various Roadway/Storm Water Coordination - Phase V
Sewer Requests & Agreements - Phase V (51 % Program)
Landstown Yard Improvements - Phase IV
Service Order Automation Solution Design
Computerized Mapping & Infrastructure Mgmt- Phase II
Customer Information System Version Migration
Auxiliary Power Program -Sewer Pump Stations -Phase III
Sanitary Sewer System Revitalization Program - Phase II
Utility Crossings Condition Assessment Program - Phase II
SGA Sanitary Sewer System Improvements
Relocation of Sewer Cleanouts - North Landing Rd
Sewer Pump Station Backflow Prevention Modifications
Witchduck Rd - Phase II Sewer Improvements
Sanitary Sewer Regulatory Compliance Program - Phase I
Sewer Pump Station Flow Monitoring & Data Storage -Ph I
Sewer Tap Installation Program - Phase II
Sanitary Sewer Capacity Program - Phase I
Appropriations
FY 2012-13
2,746,000
100,000
200,000
3,300,000
900,000
500,000
200,000
180,000
1,600,000
620,000
50,000
865,000
50,000
170,000
150,000
1,598,000
4,000,000
50,000
400,000
225,000
680,000
50,000
3,600,000
2,970,000
300,000
500,000
Total Sewer Utility Projects 26,004,000
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Project
Appropriations
Number
Projects
FY 2012-13
Storm Water
7016000
South Lake Holly Watershed
775,000
7027000
SWM Master Planning, Analysis, and Inventory
550,000
7038000
Thoroughgood Drainage - Interim
175,000
7067000
Primary System Infrastructure Improvements
770,000
7091000
Residential Drainage Cost Participation Program
73,651
7151000
Cape Henry Beach Drainage
885,000
7153000
Lynnhaven Watershed Restoration
300,000
7159000
Water Quality Participation Projects
100,000
7400000
Aragona Drainage Improvements
600,000
7406000
Elizabeth River TMDL Implementation Plan
200,000
7410000
Southern River TMDL Implementation Plan
200,000
7411000
Oceanfront Storm Water Facilities Maintenance
177,000
7412000
Storm Water Pump Station Modifications
442,500
7413000
Neighborhood SW Infrastructure Improvements -Ph. II
1,002,890
7414000
Storm Water Quality Enhancements - Phase II
1,181,078
7415000
Lake Management- Phase II
2,941,280
7416000
SW Infrastructure Rehabilitation & Improvements -Phase II
3,853,122
Total Storm Water Projects 14,226,521
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Project
Appropriations
Number
Projects
FY 2012-13
Water Utility
5011000
Beach Garden Park - Kilborne Ct & Holly Rd Improvements
50,000
5024000
Holland Road - Phase VI Water Improvements (VDOT)
250,000
5028000
Witchduck Rd - Phase II Water Improvements
167,000
5030000
Shore Drive Water Line Improvements - PH III
50,000
5046000
Utilities Emergency Response Program - Phase II
200,000
5084000
System Expansion Cost Participation Agreements - Phase II
130,000
5086000
Comprehensive Water Master Planning - Phase V
200,000
5089000
Various Roadway/Storm Water Coordination - Phase V
800,000
5090000
Lynnhaven Pkwy - Phase XI Water Improvements (VDOT)
570,000
5091000
Water Request & Agreements (51 % Program) - Phase V
50,000
5151000
Landstown Yard Improvements - Phase IV
1,214,000
5250000
Potable Wells Evaluation Program - Phase III
275,000
5252000
Water Quality Program - Phase IV
100,000
5260000
Utility Crossings Condition Assessment - Phase II
50,000
5403000
Service Order Automation Solution Design
50,000
5404000
Computerized Mapping & Infrastructure Mgmt - Phase II
170,000
5405000
Customer Information System Version Migration
150,000
5501000
Water Transmission System Upgrade Pgm-Phase 1
6,090,000
5804000
Water Line Extension, Replacement & Rehab Pgm-Phase 1
900,000
5805000
Water Utility Asset Management Program - Phase 1
900,000
5806000
Backflow Prevention & Cross -Connection Control Pgm-Ph II
1,000,000
5952000
Water Pump Station Flow Monitoring and Data Storage
180,000
5953000
Water Tap Installation Program - Phase II
150,000
5967000
Water Resources Investigation & Planning - Phase 1
300,000
Total Water Utility Projects
13,996,000
Total Capital Budget
277,566,687
City of Virginia Beach, Virginia
Attachment B — Financing Sources
Capital Budget
Financing Sources
FY 2012-13
Federal Contribution
3,996,450
Franchise Fees
322,000
Fund Balance - General Fund
18,202,054
Fund Balance - Other
16,539,582
General Appropriations
22,812,415
General Obligation Bonds
63,868,564
Lease of Property
196,344
Lease -Purchase
5,727,934
Medicaid Cost Settlement
389,086
Parking Enterprise Fund
300,000
Private Contribution
25,151
Public Facility Bonds
37,857,702
Rental Income
3,850
Retained Earnings - Telecommunications
350,000
Retained Earnings - Water and Sewer Fund
5,000,000
Sale of Property
400,000
State Contribution
52,032,685
Storm Water Utility Fund
14,232,870
Water and Sewer Bonds
27,000,000
Water and Sewer Fund
8,310,000
Total Capital Budget 277,566,687
Attachment C - Transfers
Appropriations
Prior to
Project # FY 2012-13
Cultural and Recreational Opportunities
Parks and Recreation Proiects
Transfer To:
4308000 Open Space Program Site Acquisition - Phase III
4300000 Community Recreation Centers Repairs & Renovations - Phase III
4306000 Open Space Park Development & Maintenance - Phase II
4505000 Modernization of Bow Creek Recreation Center
Transfer From:
$ 5,092,029
9,460,571
2,370,611
929,969
Total Transfer To: $ 17,853,180
4004000
Open Space Program Site Acquisition - Phase 1 $
3,159,029
4070000
Open Space Program Site Acquisition - Phase II
1,933,000
4013000
Community Recreation Centers Repairs & Renovations - Phase 11
9,300,000
4034000
Recreation Centers Roof Maintenance & Replacement - Ongoing
160,571
4055000
Open Space Park Development & Maintenance - Phase 1
2,370,611
4051000
Stumpy Lake Golf Course Infrastructure Improvements
929,969
Total Transfer From: $
17,853,180
Economic Vitality
Economic and Tourism Development Proiects
Transfer To:
9336000 Spot Blight Abatement
Transfer From:
9199000 Conference/Convention Facility Renovation (On -Going)
58,978
Total Transfer To: $ 58,978
58,978
Total Transfer From: $ 58,978
Quality Physical Environment
Roadways
Transfer To:
2117000 Shore Drive Corridor Improvements - Phase III (Partial)
2412000 Cleveland Street/Clearfield Avenue Improvements
2167000 Lynn haven Parkway - Phase XI
2107000 Seaboard Road
2158000 Holland Road - Phase VI
2418000 Indian River Rd/Kempsville Rd Intersection Improvements
Transfer From:
2731000
Shore Drive Interim Safety Improvements
2115000
Shore Drive - Intersections Demonstration Project
2401000
Greenwich Road Crossover
2257000
Lynnhaven Parkway/Volvo Parkway Intersection
2121000
Nimmo Parkway - Phase V-A (VDOT)
2190000
Congestion Relief and Safety Improvements
$ 2,385,795
825,000
2,826,712
913,000
2,398,784
2,980,000
Total Transfer To: $ 12,329,291
$ 250,000
299,073
825,000
575,217
7,400,001
2,980,000
Attachment C - Transfers
Appropriations
Prior to
Project # FY 2012-13
Total Transfer From: $ 12,329,291
Storm Water
Transfer To:
7400000
Aragona Drainage Improvements $
910,000
7151000
Cape Henry Beach Drainage
950,000
7038000
Thoroughgood Drainage - Interim
200,000
7024000
Southern Canal/Lead Ditch and Culvert Improvements
500,000
7416000
Storm Water Infrastructure Rehabilitation and Improvements - Phase II
1,000,000
7415000
Lake Management - Phase II
450,000
7067000
Primary System Infrastructure Improvements
970,893
Tank Upgrade Program - Phase II
Total Transfer To:
4,980,893
Transfer From:
9,235
7145000
Arctic Avenue - Baltic Avenue
60,000
7033000
Rosemont Forest Drainage Improvements
1,500,000
7902000
North Beach Drainage
1,000,000
7404000
Aragona Neighborhood Infrastructure Rehabilitation
1,000,000
7405000
Brigadoon Lakes Maintenance Dredging
450,000
Fixed Assets of the Storm Water Capital Projects Fund
970,893
Total Transfer From:
4,980,893
Water and Sewer Utility Proiects
Tra nsfer To:
5252000
Water Quality Program - Phase IV $
100,000
5084000
System Expansion Cost Participation Agreements - Phase II
224,729
5501000
Water Transmission System Upgrade Program - Phase 1
179,605
5260000
Utility Crossing Condition Assessment - Phase II
343,518
6148000
System Expansion Cost Participation Agreements - Phase II
700,000
6555000
Utility Crossing Condition Assessment - Phase II
334,211
6041000
Pump Station Modifications - Phase V
1,336,048
Total Transfer To: $
3,218,111
Transfer From:
Fixed Assets (Various Closed -Out Projects)
$ 805,663
5001000
Comprehensive Emergency Response & Planning - Phase 1
46,106
5007000
Customer Information System Replacement
13,502
5013000
Water SCADA System Upgrade
22,432
5087000
Bayway Road Water Improvements -51%
5,500
5130000
Lynnhaven Parkway Extended
111,382
5131000
Tank Upgrade Program - Phase II
153,948
5164000
IVR/CTI, Bill Prnt, Auto Payment Solution Design
9,235
5166000
Automated Mobile Water Reading System - Phase 1
811452
5167000
Tank Upgrade Program - Phase III
25,657
5207000
Laskin Road - Phase 1
7,198
5255000
Automated Mobile Water Reading System - Phase 11
500,000
Attachment C - Transfers
Various Business Areas
Transfer To:
3095000 Police Integrated Public Safety RMS
8933000 Landfill #2 Expansion
Transfer From:
Fixed Assets (Various Closed -Out Projects)
2161000 Traffic Signal Retiming
2076000 Laskin Road Gateway
2091000 Nimmo Parkways Phases II and III
3043000 CIT -In Vehicle Mapping
3083000 CIT -System Center Configuration Management
3086000 CIT -EMS Handheld Field Reporting
3209000 CIT -Enterprise Electronic Records Management System
3346000 CIT -Automatic Vehicle Locator System
$ 1,074,819
1,383,709
Total Transfer To: $ 2,458,528
$ 682,681
599,800
100,000
1,228
107,545
27,802
83,260
288,385
567,827
Total Transfer From: $ 2,458,528
Appropriations
Prior to
Project #
FY 2012-13
5400000
Fire Hydrant Program - Phase III
68,332
5401000
Records Management Improvements
3,965
5600000
29TH Street Water Tank Replacement
1,300
5602000
Princess Anne Rd/Kempsville Rd Intersection Improvements
600,000
5802000
Utility Crossing Condition Assessment
343,518
6028000
Comprehensive Emergency Response & Planning - Phase 1
9,667
6033000
Infiltration, Inflow, and Rehabilitation - Phase 1
19,067
6038000
Sewer SCADA System Upgrade
1,500
6139000
Bayway Road Sewer Improvements -51%
5,975
6169000
IVR/CTI, Bill Prnt, Auto Payment Solution Design
9,235
6451000
Eigineering Services - Various Projects
39,266
6802000
Utility Crossing Condition Assessment
334,211
Total Transfer From: $ 3,218,111
Various Business Areas
Transfer To:
3095000 Police Integrated Public Safety RMS
8933000 Landfill #2 Expansion
Transfer From:
Fixed Assets (Various Closed -Out Projects)
2161000 Traffic Signal Retiming
2076000 Laskin Road Gateway
2091000 Nimmo Parkways Phases II and III
3043000 CIT -In Vehicle Mapping
3083000 CIT -System Center Configuration Management
3086000 CIT -EMS Handheld Field Reporting
3209000 CIT -Enterprise Electronic Records Management System
3346000 CIT -Automatic Vehicle Locator System
$ 1,074,819
1,383,709
Total Transfer To: $ 2,458,528
$ 682,681
599,800
100,000
1,228
107,545
27,802
83,260
288,385
567,827
Total Transfer From: $ 2,458,528
Attachment D - Reductions in Non -City Funding
Amount of
Reduction in
Appropriations
Prior to Funding
Project # FY 2012-13 Source
Total Reduction: $ 3,361,364
Economic Vitality
9336000
Spot Blight Abatement $
153,278
Sale of Property
Total Reduction: $
153,278
Quality Physical Environment
3503000
Lighthouse Multi -Service Center $
1,016,000
Federal Funding
3503000
Lighthouse Multi -Service Center
900,000
Private Contributions
7153000
Lynnhaven Watershed Restoration
46,654
State Contribution
7159000
Water Quality Participation Projects
15,001
State Contribution
8933000
Landfill #2 Expansion
1,383,709
Southeastern Public Service Authority
Total Reduction: $ 3,361,364
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF
4 $67,700,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL
5 IMPROVEMENTS
6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general
7 obligation public improvement bonds for various purposes in the maximum amount of $67,700,000, as permitted by the City
8 Charter, without submitting the question of their issuance to the qualified voters.
9
10 WHEREAS, City Council held public hearings on the program to provide for public comment;
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
13
14 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various
15 public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants
16 and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through
17 the borrowing of up to $67,700,000 and issuing the City's general obligation bonds therefor.
18
19 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be
20 issued general obligation public improvement bonds of the City in the maximum amount of $67,700,000, to provide funds,
21 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal,
22 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following:
23 preliminary studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site
24 acquisition, relocation of residents, utility relocation, construction, renovation, expansion, repair, demolition, site
25 improvement, site work, legal services, inspection and support services, furniture and equipment, and contingencies.
26
27 3. That the bonds may be issued as a separate issue at one time or in part from time to time or combined
28 with bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds.
29
30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from
31 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times
32 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
33
34 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if any,
35 and interest on which its full faith and credit shall be irrevocably pledged.
36
37 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by
38 the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date
39 of the issuance of the Bonds.
40
41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file
42 a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
43
44 8. That this ordinance shall be in full force and effective from its passage.
45
46 Adopted by the Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
47
48 Adoption requires the affirmative vote of two-thirds of all members of the City Council.
APPROVED AS TO CONTENT:
. j a -
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
I
Cis Office
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM
2 REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
3 AMOUNT OF $27,000,000
4 WHEREAS, the City of Virginia Beach, Virginia (the "City'), desires to authorize the issuance of water and sewer system
5 revenue bonds in the maximum amount of $27,000,000 for financing improvements and expansions to the City's water and sewer
6 system (the "System"), as permitted by the City Charter without submitting the question of their issuance to the qualified voters.
7
8 WHEREAS, City Council held public hearings on the program to provide for public comment;
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
11
12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and
13 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth,
14 development, and general welfare of the City, and to finance the costs thereof through the borrowing of $27,000,000 and issuing
15 the City's revenue bonds therefore.
16
17 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water
18 and sewer system revenue bonds of the City in the maximum amount of $27,000,000 to provide funds, together with other
19 available funds, for financing the costs of improvements and expansions to the System.
20
21 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates,
22 bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such
23 manner as the Council may hereafter provide by appropriate resolution or resolutions.
24
25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations
26 of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System,
27 and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or
28 constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any country, city, town,
29 or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the
30 covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter
31 shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the
32 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged
33 to the payment of the principal of and premium, if any, and interest on the bonds.
34
35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the
36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such
37 rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time
38 and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on
39 the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also
40 include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and
41 sewer revenue obligations.
42
43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general
44 public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of
45 the bonds.
46
47 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified
48 copy of this ordinance with the Circuit Court of the City of Virginia Beach.
49
50 8. That this ordinance shall be in full force and effect from its passage.
51
52 Adopted by the Council of the City of Virginia Beach, Virginia on this e, day of May, 2012.
53
54 Adoption requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT:
)�QfV'G.
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
' ffice
1 AN ORDINANCE TO REALIGN REVENUES OF THE ROADWAYS CAPITAL
2 IMPROVEMENTS PROJECTS FROM VARIOUS SOURCES SET FORTH
3 HEREIN
4 WHEREAS, the City establishes funding sources for Roadways capital project based on initial estimates of State,
5 Federal and local sources provided by the Virginia Department of Transportation (VDOT);
6
7 WHEREAS, VDOT finalizes funding allocations in any given year after the proposed Capital Budget is finalized for
8 presentation to City Council;
9
10 WHEREAS, VDOT also adjusts revenue sources and local funding responsibility throughout the duration of a given
11 project;
12
13 WHEREAS, VDOT also adjusts the funding resources based on changes in scope, bids received, and availability of
14 annual funding; and
15
16 WHEREAS, this ordinance does not increase aggregate appropriations to date; and
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
19
20 1. That the following projects have $1,399,038 in local funding available as the projects are nearing final completion;
21 appropriations can be reduced and local revenue is necessary to provide local funding as set forth in paragraphs 6-8
22 below:
a. 2-067 Sandbridge Road Safety Improvements $327,184
b. 2-073 Buckner Boulevard Extended 9,708
c. 2-074 1-264 Great Neck Ramps 396,312
d. 2-076 Laskin Road Gateway 9,625
e. 2-091 Nimmo Parkway Phases III and IV 18,704
f. 2-137 Great Neck Road IV/London Bridge Road III 419,502
g. 2-285 Traffic Safety Improvements 218,003
23
24 2. That the following projects have $3,336,344 in local funding available due to favorable bids or changes in local
25 funding requirements by VDOT; appropriations can be reduced and local revenue is necessary to provide local
26 funding as set forth in paragraphs 6-8 below:
h. 2-121 Nimmo Parkway Phase V-A (VDOT) 2,078,329
i. 2-145 Wesleyan Drive 373,277
j. 2-305 Princess Anne Road — Phase IV 884,738
27
28 3. That the following projects have State funding reduced and Federal funding increased in equal amounts:
29 a. That Project 2-025 — Witchduck Road is hereby decreased by $623,100 in estimated State revenue and
30 increased by $623,100 in estimated federal revenue.
31 b. That Project 2-145 — Wesleyan Drive is hereby reduced by $7,552,910 in State revenue and increased by
32 $7,552,910 in Federal revenue.
33 c. That Project 2-152 — Elbow Road Extended — Phase II is hereby reduced by $3,644,000 in State revenue and
34 increased by $3,644,000 in Federal revenue.
35 d. That Project 2-165 — Laskin Road — Phase II is hereby reduced by $404,000 in State revenue and increased by
36 $404,000 in Federal revenue.
37
38 4. That the following projects have Federal funding reduced and State funding increased in equal amounts:
39 a. That Project 2-089 — Southeastern Parkway and Greenbelt is hereby reduced by $378,011 in Federal
40 revenue and increased by $378,011 in State funding.
41 b. That Project 2-177 — Proactive Safety Improvement Program is hereby reduced by $101,000 in Federal
42 revenue and increased by $101,000 in State revenue.
43
44 5. That Project 2-065 — Elbow Road Extended — Phase II -A is hereby reduced by $17,131 in estimated State revenue and
45 total appropriations in this project are reduced by $17,131.
46
47 6. That Project 2-039 — Computerized Traffic Signal System Upgrade and Replacement is hereby reduced by
48 $17,102,240 in estimated State revenue, increased by $10,840,370 in Federal revenue, increased by $1,314,307
49 supported by an appropriation of Interest on Bank Deposits, $1,399,038 in local revenue from the projects above,
50 and the appropriation reduced by $3,548,525.
51
52 7. That Project 2-048 — Princess Anne Road/Kempsville Road Intersection Improvements is he
reduced by
53 $38,688,855 in State revenue, increased by $37,054,000 in Federal revenue and $1,634,855 in local revenue.
54
55 8. That Project 2-178 — Highway Safety Improvement Program is hereby reduced by $2,662,569 in Federal revenue,
56 increased by $67,095 in State revenue, increased by $1,701,489 in local revenue, and the appropriation reduced by
57 $893,985.
58
59 9. That this ordinance shall be in effect from the date of its adoption.
60
61 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
62
63 Requires an affirmative vote of the majority of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
�J C"
Management Services Cit e Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Mr. Moss and Mr. DeSteph Proposal on the FY 2012-13 Operating Budget
Related Ordinances
MEETING DATE: May 8, 2012
■ Background: On March 27, 2012, the City of Virginia Beach FY 2012-13
Proposed Resource Management Plan, which includes the Operating Budget and
Capital Improvement Program, was presented to City Council. The City held a budget
open house April 5th to provide information to citizens about the proposed budget. City
Council held budget workshops on April 3rd, 10tH 17th 24tH and May 1St to discuss the
budget. City Council held public hearings on April 18th, 24th and May 8th to provide the
public the opportunity to comment on the proposed Resource Management Plan.
■ Considerations: Attached is a power point presented to City Council May 1,
2012, outlining the FY 2012-13 Operating Budget recommendations presented by
Council Member Moss and Council Member DeSteph. Major recommended changes to
the City Manager's Proposed Operating Budget are highlighted below with additional
information available in the attached supporting documentation.
1. Real Estate tax rate is reduced from the City Manager's Operating Budget proposal
of 93 cents to 89 cents.
2. Funds School with the exception of the 3% pay raise.
3. Reallocates resources to provide new investments. New investments are more
detailed and further explained in the attached ordinances and PowerPoint
presentation.
The following ordinances are provided for the Council's consideration and approval to
implement the FY 2012-13 Operating Budget and Capital Improvement Program based
on the MayorNice Mayor's proposed modifications.
1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2012 and
Ending June 30, 2013 in the Sum of $1,748,263,981 for Operations
2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2013
3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and
Tools for the Calendar Year 2013
4. An Ordinance to Authorize the City Manager to Submit an Annual Funding Plan to
the U.S. Department of Housing and Urban Development
5. An Ordinance to Declare $7,000,000 of Funding within the Sandbridge Tax
Increment Financing District as Surplus Funds in the FY 2011-12 Operating Budget
6. An Ordinance to Complete the City's Financial Obligations Associated with the
Lynnhaven Mall Development Agreement and Dissolve the Lynnhaven Mall Tax
Increment Financing Fund
7. An Ordinance to Amend the City Code Pertaining to the Sanitary Sewer Service
Water Tap Sizes
8. An Ordinance to Amend Chapters 8 and 33 of the City Code by Adding New
Sections 8-37 and 33-72, Establishing a Technology Fee in the Amount of Five
Dollars for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right -Of -Way
and Certain Other Permits
■ Public Information: Three public hearings and one Open House have been
held concerning the proposed real estate tax increase, the Operating Budget and
Capital Improvement Program. Information on these ordinances was disseminated to
the public through the publication of the Proposed Operating Budget and Capital
Improvement Program documents which were available for public review at the
Libraries and on the City's web site. In addition, the ordinances are advertised through
the normal Council agenda process, including the advertisement of the City Council
agenda. In accordance with the City Charter and State law, there was a series of public
notices in the Beacon, which ap�eared on April 1St 8th and 15th and in the Main Section
of the Virginian -Pilot on April 29t .
■ Attachments: FY 2012-13 Operating Budget Ordinances
PowerPoint Presentation by Mr. Moss/DeSteph to City Council on
May 1, 2012.
Submitting DepartmenVAgency: Department of Management Services
City Manager:
REQUESTED BY COUNCILMEMBERS MOSS AND DeSTEPH
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
2 BEGINNING JULY 1, 2012 AND ENDING JUNE 30, 2013 IN THE SUM OF
3 $ 1,748,263,981 FOR OPERATIONS
4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning
5 July 1, 2012, and ending June 30, 2013, and it is necessary to appropriate sufficient funds to cover said budget;
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
9 Sec. 1. That the amounts named aggregating $2,422,876,795 consisting of $487,949,281 in inter -fund transfers,
10 $186,663,533 for internal service funds, and $1,748,263,981 for operations, are hereby appropriated subject to the
11 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for the
12 purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference,
13 for the fiscal year beginning July 1, 2012, and ending June 30, 2013, a summary of which is attached to this ordinance as
14 "Attachment A — Appropriations."
15
16 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations is set
17 forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations attached to this
18 ordinance as "Attachment B — Revenues," which are adjusted as set forth herein to provide the changes after the City
19 Manager's proposed Operating Budget Appropriation.
20
21 Sec. 3. With the exception of the funds under the control of the School Board, specifically the funds numbered 106, 107,
22 108, 109, 112, 114, 115, 116, 117, 119, 614, and 615 (hereinafter referred to as "School Board Funds"), the total number of
23 full-time permanent positions shall be the maximum number of positions authorized for the various departments of the
24 City during the fiscal year, except for changes or additions authorized by the Council or as hereinafter provided. The City
25 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the
26 aggregate amount expended for such services shall not exceed the respective appropriations made therefore. The City
27 Manager is further authorized to make such rearrangements of positions within and between the departments as may best
28 meet the needs and interests of the City, including changes necessary to implement the employee transition program.
29
30 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby
31 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal
32 year as may be necessary to implement organizational adjustments that have been authorized by the City Council. Unless
33 otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the
34 City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing
35 organizational functions. The City Manager shall make a report each year to the City Council identifying the status and
36 progress of any such organizational adjustments.
37
38 Sec. S. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service District
39 Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax levy.
40
41 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the
42 fiscal year ending on June 30, 2013, unless otherwise provided for, are hereby declared to be lapsed into the fund balance
43 of the respective funds, except all appropriations to School Board Funds derived from local public sources which shall lapse
44 and revert to the General Fund Balance, and may be used for the payment of the appropriations that may be made in the
45 appropriation ordinance for the fiscal year beginning July 1, 2013. Prior to the expenditure of any sums that have lapsed to
46 the fund balance of any fund, an appropriation by the City Council shall be required.
47
48 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for
49 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water
50 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be
51 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue
52 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less
53 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non -borrowed funds, on a five-year rolling
54 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system.
55
56 Sec. S. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close
57 of the business for the fiscal year ending on June 30, 2013, are hereby declared to be re -appropriated into the fiscal year
58 beginning July 1, 2013, and estimated revenues adjusted accordingly.
59
60 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal
61 sources and trust or gift funds, whose period of expenditure extends beyond the fiscal year ending on June 30, 2012, are
62 hereby declared to be re -appropriated into the fiscal year beginning July 1, 2012, and estimated revenues adjusted
63 accordingly. The close-out of any grant or similar funding mechanism shall account for all expenditures in such grant, and
64 provided there is any remaining balance in the grant, the portion of the balance attributable to local sources shall revert to
65 the General Fund, special revenue fund, or enterprise fund that provided the local contribution.
66
67 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall
68 exceed the amount of such appropriations except with the consent and approval of the City Council first being obtained. It
69 is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the
70 totals for each Appropriation Unit included in this ordinance and does not apply to Inter -fund Transfers.
71
72 Sec.11. The City Manager or the Director of Management Services is hereby authorized to approve transfers of
73 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City
74 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the
75 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for
76 Contingencies — Regular, within the intent of the Reserve as approved by City Council.
77
78 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to establish and administer
79 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the
80 programs and services adopted by the City Council. The City Manager or the Director of Management Services is further
81 authorized to establish administrative directives to provide additional management oversight and control to ensure the
82 integrity of the City's budget.
83
84 Sec. 13. The City Manager or the Director of Management Services is hereby authorized to change the Estimated
85 Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating
86 Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce,
87 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager
88 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City
89 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The
90 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of
91 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby
92 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for
93 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any
94 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded
95 debt of the City Government.
96
97 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments,
98 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and
99 employees of their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per
100 mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional miles of such use within the
101 fiscal year.
102
103 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably
104 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to
105 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure
106 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the
107 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City
108 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that
109 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in
110 which the emergency expenditures occurred.
111
112 An emergency is defined for the purposes of this provision as an event that could not have been reasonably
113 foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or
114 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public
115 properties.
116
117 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to
118 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of
119 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically
120 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump -sum" amounts.
121
122 Sec. 17. The City Manager is hereby authorized to allocate funding, within the aggregate amounts approved by City
123 Council for total compensation, to implement the General Assembly mandated changes to the Virginia Retirement System
124 ("VRS") that require all full-time City employees hired before July 1, 2010 to pay one percent (1%) of their salaries to the
125 VRS to be offset by a pay increase of one percent (1%).
126
127 Sec. 18. That the City Manager or his designee is hereby authorized to implement the organizational and financial
128 adjustments necessary to eliminate the Print Shop Internal Service Fund. Any funds provided to the Print Shop Internal
129 Service Fund that are unobligated and unencumbered at the close of business on June 30, 2012, shall lapse and such lapsed
130 funds shall be transferred to the fund balance of the General Fund.
131
132 Sec. 19. That the following adjustments of revenue shall be made to the attachments from what was part of the
133 Manager's proposed budget to provide a cumulative savings to offset the proposed real property tax increase ($19M):
134 a. Of the funds to implement the VRS change discussed in paragraph 17, the reduction from 5% to 1% reduces
135 the total amount of compensation $6,000,000;
136 b. Reduce the General Fund Pay -go funding for Economic Development projects and move that $2,997,570 to
137 the Operating Budget General Fund;
138 c. Reduce new vehicle purchases by $1,000,000;
139 d. Eliminate car allowances for $200,000 in savings;
140 e. Reduce the Reserve for Fuel by $1,000,000;
141 f. Elimination of 34 vacant positions (FTEs) for a savings of $2,022,500, which shall not include public safety;
142 g. For 136 current vacancies, fund at a half year for a savings of $4,620,000, which shall not include public
143 safety;
144 h. Move the current FTEs in the SGA Office to existing vacancies in the Planning Department for a savings of
145 $562,800;
146 i. Move the Resort Programs Office from the General Fund to TIP/TAP funding for a General Fund savings of
147 $390,100;
148 i. Eliminate one Deputy City Manager in the City Manager's Office for a savings of $200,000; and
149 k. Reduce the General fund Pay -go funding for CIP 3-648 CIT Bi -Weekly payroll by $7,030 and move that
150 amount to the Operating Budget General Fund.
151
152 Sec. 20. That the revenues and appropriations in the City Manager's proposed budget shall be adjusted in the following
153 manner, which impacts the Schools Administration Classification;
154 a. Additional funding in the aggregate amount of $3,400,000 shall be provided from the following sources:
155 1. $2,700,000 from the Commonwealth funding that was part of the General Assembly's adopted budget•
156 2. $500,000 from a reduction in Mass Transit Operations (which will be funded at last year's $3,519,145
157 plus $453,534 for fuel adjustments); and
158 3. $200,000 from a 10% reduction in Regional Participation.
159 b Acknowledging that the City Council funds the Schools at the major classification level, the following
160 requested items were not funded at this time which would have cost an total of $14,000.000:
161 1 The School Board's requested 3% raise for employees which would reduce the difference between the
162 funding provided and the School Board's request a total of $13,500,000;
163 2. The Administration Classification funding is reduced $500,000 for efficiency savings;
164
165 Sec 21 The City portion of Health Care shall be increased by $3,000,150 (and the employee portion decreased) with
166 funding for the increase from the City coming from the following sources:
167 a. Reduce the General fund Pay -go funding for CIP 3-637 by $436,150 and move that amount to the
168 Operating Budget General Fund; and
169 b. Provide $2,564,000 from the ARP Fund Balance.
170
171 Sec. 22. That $824,542 that the City Manager's proposed budget provided to the ARP Special Revenue Fund shall be
172 reprogrammed as follows:
173 a. $436,000 is be provided for a pilot to establish an academic chair for private mob growth via research; and
174 b. $388,542 is held as a Reserve for Offsets.
175
176 Sec. 14 23. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons
177 responsible for the management of the Appropriation Unit in which the violation occurred.
178
179 SeG. 19. Funds On the amaunt ef $3,600,000
180 $1,500,000
181 Management Int al S e F Rd effective en i, a 30 2011
182
183 SeG. 969. Funds On the amount of $14,500,000 aFe heFeby tFansfeFFed 40FA the fund balance of the SGheel Risk
184 Management Intefflal SeFy*c;e Fund to the fund balance ef the GeneFal Fund effeGtive an june 30, 2011.
185
186 Sec. 28 24. With the exception of Seetiens 14 app 9 +This ordinance shall be effective on July 1, 2012.
187
188 Sec. 4125. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not
189 affect the validity of the remaining parts of this ordinance.
190
191 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 81h day of May, 2012.
192
193 Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO LEGAL SUFFICIENCY:
ic$ thi y Attorney
REQUESTED BY COUNCILMEMBERS MOSS AND DeSTEPH
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL
2 YEAR 2013
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5 Sec. 1. Amount of Levy on Real Estate.
6 There shall be levied and collected for fiscal year 2013 taxes for general purposes on all real estate, including all
7 separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise
8 provided for in this ordinance, at the rate of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed
9 valuation thereof. The real property tax rate that has been prescribed in this section shall be applied on the basis of one
10 hundred percentum of the fair market value of such real property, except for public service real property, which shall be on
11 the basis as provided in Section 58.1-2604 of the Code of Virginia.
12
13 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified
14 Storm Water Management Developments and Property," "Certified Solar Energy Recycling Equipment, Facilities
15 or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion
16 Controls, and Certain Wetlands and Riparian Buffers.
17 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 of the
18 Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2013, taxes on all real estate (a)
19 certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the
20 Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as
21 provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified
22 Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental
23 Restoration Site," (e) improved to control erosion as defined by Code of Virginia § 58.1-3665, or (f) qualifying as wetlands
24 and riparian buffers as described by Code of Virginia § 58.1-3666, not exempt from taxation, at a rate of eighty-nine cents
25 ($0.89) on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall
26 be applied on the basis of one hundred percentum of fair market value of such real property except for public service
27 property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
28
29 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District.
30 There shall be levied and collected for fiscal year 2013, taxes for the special purpose of providing beach and
31 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not
32 exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed value thereof. This
33 real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. For real property
34 that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption, Deferral or
35 Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code, this real estate tax rate shall
36 be applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax rate
37 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property
38 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
39
40 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District.
41 For the special purpose of operating and maintaining the parking garage and providing enhanced services for the
42 plaza and public spaces within the boundaries of the service district at the Town Center, as well as other additional services
43 authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2013, taxes on all real estate
44 within the Town Center Special Service District, not exempt from taxation, at the rate of forty-five cents ($0.45) on each
45 one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set
46 forth in Section 1 of this ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of
47 Chapter 35 of the City Code, or Exemption, Deferral or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of
48 Chapter 35 of the City Code, this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth
49 in Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred
50 percentum of the fair market value of such real property, except for public service real property, which shall be on the basis
51 as provided in Section 58.1-2604 of the Code of Virginia.
52
53 Sec. 5. Amount of Levy on "Energy -Efficient Buildings".
54 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, there
55 shall be levied and collected for general purposes for the fiscal year 2013, taxes on all real estate that has been classified as
56 an energy efficient building, not exempt from taxation, at a rate of seventy-four cents ($0.74) on each one hundred dollars
57 of assessed valuation thereof. The real property tax rate imposed in this section shall be applied on the basis of one
58 hundred percentum of fair market value of such real property except for public service property, which shall be on the basis
59 as provided in Section 58.1-2604 of the Code of Virginia.
60
61 Sec. 6. Amount of Levy on Properties Listed in the Virginia Landmarks Register.
62 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, there
63 shall be levied and collected for general purposes for the fiscal year 2013 taxes on buildings that are individually listed on
64 the Virginia Landmarks Register, not including the real estate or land on which the building is located, so long as the
65 building is maintained in a condition such that it retains the characteristics for which it was listed on the Virginia Landmarks
66 Register at a rate of forty-five cents ($0.45) on each one hundred dollars of assessed valuation thereof. The real property
67 tax rate imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real
68 property except for public service property, which shall be on the basis as provided by Section 58.1-2604 of the Code of
69 Virginia.
70
71 Sec. 7. Amount of Levv on Real Estate Within the Old Donation Special Service District.
72 There shall be levied and collected for fiscal year 2013, taxes for the special purpose of providing neighborhood
73 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Old Donation Special Service
74 District not exempt from taxation at the rate of eighteen and four -tenths cents ($0.184) on each one hundred dollars
75 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1
76 of this ordinance. This tax rate shall apply without reduction to any properties subject to ad valorem taxes including those
77 properties enrolled in the Exemption Deferral or Freeze for Elderly and Disabled Persons City Code §§ 35-61 et seq. As set
78 forth in Code of Virginia section 15.2-2403(6) written consent is required to apply this tax rate to the full assessed value of
79 properties subiect to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of
80 one hundred percentum (100%) of the fair market value of such real property except for public service real property, which
81 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
82
83 Sec. 8. Amount of Levy on Real Estate Within the Bavville Creek Special Service District.
84 There shall be levied and collected for fiscal year 2013, taxes for the special purpose of providing neighborhood
85 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Bavville Creek Special Service
86 District, not exempt from taxation, at the rate of thirty six and three -tenths cents ($0.363) on each one hundred dollars
87 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1
88 of this ordinance. This tax rate shall apply without reduction to any properties subject to ad valorem taxes including those
89 properties enrolled in the Exemption, Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As set
90 forth in Code of Virginia, section 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of
91 properties subject to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of
92 one hundred percentum (100%) of the fair market value of such real property except for public service real property, which
93 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
94
95 Sec. 6.9. Severability.
96 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not
97 affect the validity of the remaining portions of this ordinance.
98
99 Sec. 7,10.Effective Date.
100 The effective date of this ordinance shall be July 1, 2012.
101
102 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day of May, 2012.
103
104 Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO LEGAL SUFFICIENCY:
`A#filn-,qfAfieklffTAtt6rney
REQUESTED BY COUNCILMEMBERS MOSS AND DeSTEPH
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL
2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR
3 2013
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
6 Sec. 1. Amount of Levy on the General Classification of Tangible Personal Property.
7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general
8 purposes for the calendar year 2013 on all tangible personal property, including all separate classifications of personal
9 property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the
10 rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof.
11
12 Sec. 2. Personal Property Tax Relief.
13 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not otherwise
14 exempted from taxation in this ordinance or by law, shall be subject to the following:
15 1 Any qualifying -vehicle with a total assessed value of $1,000 or less will be levied no tax.
16 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 240-% 41% of
17 the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state under the
18 Personal Property Tax Relief Act equal to the remaining 66.0 59% of the computed tax on the first $20,000 of assessed
19 value.
20 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 34.0% 41% of the computed tax
21 based on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in excess of
22 $20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining
23 66.0% 59% of the computed tax on the first $20,000 of assessed value.
24 4. Pursuant to authority conferred in Item 503.D of the 2005 Virginia Appropriations Act, the City Treasurer is
25 authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due without regard to any
26 former entitlement to state relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a
27 qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such earlier date as
28 reimbursement with respect to such bill is no longer available from the Commonwealth, whichever earlier occurs. Penalties
29 and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed.
30 Interest shall be computed from the original due date of the tax.
31
32 Sec. 3. Amount of Levy on Certain Classifications of Tangible Personal Property
33 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general
34 purposes for the calendar year 2013 on the certain classifications of tangible personal property set forth below at the rate
35 of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof.
36 a. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (8);
37 b. computer equipment as described in Code of Virginia § 58.1-3506 (A) (11);
38 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution control
39 equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or devices and
40 certified recycling equipment, facilities or devices";
41 d. furniture, office, and maintenance equipment as described in Code of Virginia § 58.1-3506 (A) (24);
42 e. all tangible personal property employed in a trade or business other than described in subdivisions A 1
43 through A 18, except for subdivision A 17, of § 58.1-3503 as described in Code of Virginia § 58.1-3506 (A) (26);
44 f. programmable computer equipment and peripherals employed in a trade or business ad described in Code of
45 Virginia § 58.1-3506 (A) (27);
46 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 58-1-
47 3506 (A) (31);
48 h. forest harvesting and silvicultural activity as described in Code of Virginia § 58-1-3506 (A) (33);
49 i. equipment used primarily for research, development, production or provision of biotechnology as described in
50 Code of Virginia § 58-1-3506 (A) (34);
51 j. tangible personal property which is owned and operated by a service provider who is not a CMRS provider and
52 is not licensed by the FCC used to provide, for a fee, wireless broadband internet service as described in Code of Virginia §
53 58-1-3506 (A) (37).
54
55 Sec. 4. Amount of Levy on Manufactured Homes.
56 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all vehicles without
57 motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of
58 Virginia, at the rate of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation thereof. Such
59 property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10).
60
61 Sec. S. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only.
62 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all boats or watercraft
63 used for business purposes (both boats weighing less than five (5) tons and boats weighing five (5) tons or more), except as
64 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars
65 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections
66 58.1-3506 (A) (35) and (A) (36).
67
68 Sec. 6. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes.
69 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all boats or watercraft
70 not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or more, except as
71 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars
72 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections
73 58.1-3506 (A) (1) (a) and (A) (1) (b).
74
75 Sec. 7. Amount of Levy on Machinery and Tools.
76 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general
77 purposes for the calendar year 2013 taxes on machinery and tools, including machinery and tools used directly in the
78 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one millionth of
79 one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia §
80 58.1-3506 (B), the following personal property shall also be taxed at the rate of machinery and tools:
81 a. all tangible personal property used in research and development businesses, as described in Code of
82 Virginia § 58.1-3506 (A) (7);
83 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and
84 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to
85 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506
86 (A) (25).
87
88 Sec. S. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only.
89 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all privately owned
90 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on
91 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal
92 property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29).
93
94 Sec. 9. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used for
95 Recreational Purposes Only, and Privately Owned Horse Trailers.
96 There shall be levied and collected for general purposes for the calendar year 2013 taxes at the rate of one dollar
97 and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all
98 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately
99 owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b)
100 privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the transportation of
101 horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of Virginia. Such property declared
102 a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30).
103
104 Sec. 10. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran.
105 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2013 at the rate of
106 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned
107 and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is
108 blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in
109 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the
110 rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to the
111 Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or
112 classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 (A) (19), and that his or
113 her disability is service connected. Such property declared a separate class of tangible personal property in Section 58.1-
114 3506 (A) (19).
115
116 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty -Five
117 Years of Age or Anyone Found to be Permanently and Totally Disabled.
118 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied and
119 collected for general purposes for calendar year 2013, at the rate of three dollars ($3.00) on each one hundred dollars
120 ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily by or for anyone at least
121 sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the
122 Code of Virginia, subject to the following conditions:
123 1. The total combined income received, excluding the first $7,500 of income, from all sources during
124 calendar year 2012 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000).
125 2. The owner's net financial worth, including the present value of all equitable interests, as of December
126 31 of calendar year 2012, excluding the value of the principal residence and the land, not exceeding one (1) acre, upon
127 which it is situated, shall not exceed seventy thousand dollars ($70,000).
128 3. All income and net worth limitations shall be computed by aggregating the income and assets, as the
129 case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle
130 who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle
131 may be titled.
132 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if
133 either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied.
134
135 Sec. 12. Assessed Value Determination.
136 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections
137 shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia
138 Beach.
139
140 Sec. 13. Severability.
141 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not
142 affect the validity of the remaining portions of this ordinance.
143
144 Sec. 14. Effective Date.
145 This ordinance shall be effective January 1, 2013.
146
147 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012.
148
149 Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO LEGAL SUFFICIENCY:
—office oh rney
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AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN
ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT
WHEREAS, the United States Congress has established legislation designated as the Housing and Community
Development Act of 1974 that sets forth the development of viable urban communities as a national goal;
WHEREAS, there is federal assistance available for the support of Community Development and Housing activities
directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income
neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock
and community services, along with other related activities; and
WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia Beach has
developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created
the necessary mechanisms for its implementation in compliance with federal and local directives.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to
submit the City's FY 2012-13 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and
assurances contained therein and such additional information as may be required, to the Department of Housing and Urban
Development to permit the review, approval, and funding of the Plan.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 8ch day of May, 2012.
APPROVED AS TO CONTENT:
U l�
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Cit or y' ffice
1 AN ORDINANCE TO DECLARE $7,000,000 OF FUNDING WITHIN THE
2 SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS SURPLUS
3 FUNDS IN THE FY 2011-12 OPERATING BUDGET
4 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special Service
5 District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration and
6 management at Sandbridge;
7
8 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding is
9 adequate for long-term beach and shoreline restoration and management along Sandbridge;
10
11 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding to
12 meet long-term obligations for beach and shoreline restoration and management;
13
14 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the project;
15 and
16
17 WHEREAS, $ 7,000,000 is available as an unencumbered appropriation in the FY 2011-12 Sandbridge TIF Reserve
18 for Future Commitments.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
21
22 (1) That $ 7,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term
23 obligations for beach and shoreline restoration and management and is hereby declared surplus.
24
25 (2) That $ 7,000,000 is hereby transferred within the FY 2011-12 Operating Budget from the Sandbridge TIF to
26 the General Fund — Unappropriated Real Estate Tax Revenues.
27
28 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2012.
29
30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
y
,Management Services City__ fice
1 AN ORDINANCE TO COMPLETE THE CITY'S FINANCIAL OBLIGATIONS
2 ASSOCIATED WITH THE LYNNHAVEN MALL DEVELOPMENT
3 AGREEMENT AND DISSOLVE THE LYNNHAVEN MALL TAX INCREMENT
4 FINANCING FUND
5 WHEREAS, the City Council established the Lynnhaven Mall Tax Increment Financing Fund on June 9,
6 1998;
7
g WHEREAS, the City entered into the Lynnhaven Mall Development Agreement ("Agreement") on June
9 29, 2000 with Knickerbocker Properties, Inc. III to enhance the retail and theater amenities for the City's residents
10 and visitors, while also addressing public parking, transit opportunities, and storm water management needs
11 within a Tax Increment Financing District;
12
13 WHEREAS, the parking lease component of the Development Agreement has a twenty year term, which
14 will continue after the City's financial obligations have been satisfied;
15
16 WHEREAS, the Agreement specifies the City's financial obligations and provides for a one percent (1%)
17 reduction for each fiscal year prior to FY 2013-14 the City meets its financial obligations; and
18
19 WHEREAS, sufficient fund balance is available in the Fund in addition to FY 2011-12 appropriations to
20 fulfill the City's obligations.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
23 1. That $1,133,984 is hereby appropriated from the fund balance of the Fund to fulfill the City's
24 financial obligations under the Agreement.
25 2. That any remaining funds after the City fulfills its financial obligations under the Agreement shall
26 be declared to be surplus.
27 3. That any surplus funds in the Fund shall be transferred to the General Fund, wherein such funds
28 will lapse to the General Fund's fund balance at the end of the fiscal year.
29 4. That the Lynnhaven Mall Tax Increment Financing Fund shall be dissolved on June 30, 2012.
30 5. That this ordinance shall be effective on the date of its adoption.
31
32 Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of May, 2012.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Management Services Cit r y's Office
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE SANITARY
SEWER SERVICE WATER TAP SIZES
SECTION ADDED: § 28-26.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding thereto a new
section 23-26.1 to read as follows:
Sec 28-26.1. Nonresidential Tap Sizing.
For nonresidential uses wherein an Omni type meter combines domestic and fire flow through a single meter, the
sewer charge provided by section 28-26 shall be based on a meter size equal to the calculated domestic flow.
BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2012.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Ci r ey Office
1 AN ORDINANCE TO AMEND CHAPTERS 8 AND 33 OF THE CITY CODE BY ADDING NEW
2 SECTIONS 8-37 AND 33-72, ESTABLISHING A TECHNOLOGY FEE IN THE AMOUNT OF
3 FIVE DOLLARS FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, FENCE, SIGN,
4 RIGHT-OF-WAY AND CERTAIN OTHER PERMITS
5 Sections Added: City Code Sections 8-37 and 33-72
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
8
9 That Chapter 8 of the City Code is hereby amended by the addition of a new City Code Section 8-37, establishing a
10 technology fee in the amount of $5.00 for building and certain other permits required by Sections 8-31, 8-31.1, 8-32, 8-33,
11 8-34, and Chapter 33 is hereby amended by the addition of a new City Code Section 33-72, establishing a technology fee in
12 the amount of $5.00 for right-of-way permits required by City Code Section 33-51, to read as follows:
13
14 CHAPTER 8. BUILDINGS AND BUILDING REGULATIONS
15
16 ••••
17
18 ARTICLE 11. VIRGINIA UNIFORM STATEWIDE BUILDING CODE.
19
20 DIVISION 1. GENERALLY
21
22 •.••
23
24 Sec. 8-31. - Permit fees—Building permits.
25
26 (a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish any building or structure
27 as defined in the Virginia Uniform Statewide Building Code without first obtaining a building permit therefor and paying the
28 permit fees set forth in this section.
29
30 (b) The minimum fee for any building permit shall be thirty dollars ($30.00).
31
32 (c) For the construction of any building or addition thereto where the floor area is increased and for the
33 installation or erection of any industrialized building unit, the fee shall be based on the floor area to be constructed, as
34 computed from exterior building dimensions at each floor, as follows:
35
36 (1) Residential—living area—Thirty dollars ($30.00) plus seven dollars ($7.00) for each one hundred
37 (100) square feet or fraction thereof.
38
39 (2) Residential—nonheated building area (residential accessory buildings and structures)—Thirty
40 dollars ($30.00) plus four dollars ($4.00) for each one hundred (100) square feet or fraction
41 thereof.
42
43 (3) Businesses/mercantile—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each
44 one hundred (100) square feet or fraction thereof.
45
46 (4) Institutional—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one
47 hundred (100) square feet or fraction thereof.
48
49 (5) Assembly, churches, and government buildings—building area—Thirty dollars ($30.00) plus eight
50 dollars ($8.00) for each one hundred (100) square feet or fraction thereof.
(6) Storage—building area—Thirty dollars ($30.00) plus four dollars ($4.00) for each one hundred
(100) square feet or fraction thereof.
(7) Hazardous storage or occupancy—building area—Thirty dollars ($30.00) plus eight dollars ($8.00)
for each one hundred (100) square feet or fraction thereof.
(8) Industrial—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred
(100) square feet or fraction thereof.
(9) Farm buildings—building area—Thirty dollars ($30.00) plus three dollars ($3.00) for each one
hundred (100) square feet or fraction thereof. Farm buildings and structures shall be subject to
the requirements of this section; provided, however, that farm buildings and structures not used
for residential purposes shall not be subject to the technical requirements of the Virginia
Uniform Statewide Building Code.
(10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial interior finish,
miscellaneous structures and structures located in a Chesapeake Bay Preservation Area or a
Southern Watersheds Area for which a permit fee is not otherwise prescribed by this section,
including, but not limited to, patios and driveways—value of construction—Thirty dollars
($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value of
construction or fraction thereof.
(11) Moving of buildings or structures: For the moving of any building or structure into, out of,
through or within the city, the fee shall be calculated in accordance with subsection (c)(1).
(12) Demolitions: For the demolition of any building or structure, the fee shall be fifty dollars
($50.00).
(13) Signs:
a. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of
signs shall be based on the total surface area of all sign faces, and shall be as follows:
1. Single -face signs:
4-32 square feet .....$46.00
33-75 square feet .....69.00
76-150 square feet .....115.00
2. Double -face signs:
4-32 square feet .....$92.00
33-75 square feet .....115.00
76-150 square feet .....138.00
b. The fee for a permit for the repair of a billboard shall be in accordance with subsection
(c)(10).
C. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of
temporary signs shall be in an amount equal to one-half of the fee chargeable for
permanent signs of like size.
103 (14) Administrative fee: If any construction, alteration, repair, or other work requiring a permit under
104 this article is commenced before a permit is secured and fee paid for same, an administrative fee
105 of one hundred fifty dollars ($150.00) shall be added to the fee due. Payment of such
106 administrative fee shall not in any way relieve the violator of any criminal prosecution.
107
108 (15) Tents: Tents and other temporary structures permit fee shall be Thirty dollars ($30.00).
109
110 (16) Reinspection fee: There shall be a minimum of fifty dollars ($50.00) additional fee charged for
111 each reinspection.
112
113 (16.1) DFU pre -inspection fee: There shall be a fifty dollar ($50.00) fee for pre -inspections for DFU
114 disconnections.
115
116 (17) Appeal: The fee for submitting an appeal to the board of building code appeals shall be one
117 hundred dollars ($100.00). Such fee shall be paid by the appellant.
118
119 (18) Change of use/certificate of occupancy for existing structure(s):
120
121 a. The minimum fee for the inspection of any new construction or existing structure
122 requested by the permit holder shall be fifty dollars ($50.00) for each inspection.
123
124 b. The minimum fee associated with a change of use or request for a certificate of
125 occupancy for an existing structure or structures on the same property shall be seventy -
126 five dollars ($75.00).
127
128 (19) Application for septic tank soil evaluation: The fee shall be fifty dollars ($50.00) paid at the time
129 of application. If the application is approved, the septic tank permit shall be issued with no
130 additional fee.
131
132 (20) There shall also be a review fee in the amount of one hundred dollars ($100.00) for review of
133 commercial plans.
134
135 COMMENT
136
137 This section is shown for references purposes only; no substantive changes are made.
138
139 Sec. 8-31.1. - Fences and walls.
140
141 (a) A permit shall be required for the construction, reconstruction, replacement or relocation of any fence or
142 wall located within thirty (30) feet of a public right-of-way, except fences or walls used principally for agricultural or
143 horticultural purposes in an AG Agricultural Zoning District. Any such fence or wall located upon more than one (1) lot shall
144 require a separate permit for each such lot, except lots under common ownership.
145
146 (b) The fee for permits required by this section shall be thirty dollars ($30.00).
147
148 COMMENT
149
150 This section is shown for references purposes only; no substantive changes are made.
151
152 Sec. 8-32. - Same—Plumbing permits.
153
154 (a) The fee for a permit for plumbing work, as required by the building code, shall be thirty dollars ($30.00)
155 and, in addition thereto, the following:
156 (1) Each plumbing fixture, floor drain or tap: Six dollars ($6.00).
157
158 (2) Each house sewer connection: Thirty dollars ($30.00).
159
160 (3) Each house water connection: Thirty dollars ($30.00).
161
162 (4) On-site sanitary sewer collector lines: one building—thirty dollars ($30.00), two (2) or more
163 buildings—fifty dollars ($50.00) for each building.
164
165 (5) On-site potable water distribution lines: one building—thirty dollars ($30.00), two (2) or more
166 buildings—fifty dollars ($50.00) for each building.
167
168 (6) Public utilities ultra low flush toilet program: thirty dollars ($30.00) for the first three (3) toilets
169 plus five dollars ($5.00) for each toilet over three (3).
170
171 (b) The fees prescribed in this section shall be in addition to the sewer and water connection fees and
172 charges provided for in chapters 28 and 37 of this Code.
173
174 (c) On any plumbing work commenced before a plumbing permit has been issued and the requisite fee paid
175 therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of
176 such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts.
177
178 COMMENT
179
180 This section is shown for references purposes only; no substantive changes are made.
181 `
182 Sec. 8-33. - Same—Mechanical, life safety, elevator and gas permits.
183
184 (a) The minimum fee for the installation or replacement of mechanical/life safety systems or equipment shall
185 be thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value or fraction thereof.
186
187 (b) The minimum fee for the installation of gas outlets for a gas piping system shall be thirty dollars ($30.00)
188 plus four dollars ($4.00) for each outlet.
189
190 (c) The minimum fee for the relocation of a gas meter shall be thirty dollars ($30.00).
191
192 (d) For annual inspections of elevators and escalators, the fees shall be as follows:
193
194 (1) Annual safety test and inspection:
195
196 a. Tractor/cable elevator—$100.00.
197
198 b. Hydraulic elevator—$100.00.
199
200 C. Freight elevators—$100.00.
201
202 d. Escalator—$100.00.
203
204 (2) Five-year full rate load safety test and inspection:
205
206 a. Tractor/cable elevators—$100.00.
207
208 (e) On any mechanical, life safety, elevator or gas work commenced before a mechanical permit has been
209 issued and the requisite fee paid therefore, and administrative fee of one hundred fifty dollars ($150.00) per unit shall be
210 added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as
211 may be imposed by the courts.
212
213 COMMENT
214
215 This section is shown for references purposes only; no substantive changes are made.
216
217 Sec. 8-34. - Same—Electrical permits.
218
219 (a) The fee for a permit for electrical work, as required by the building code, shall be as specified in this
220 section.
221
222 (b) There shall be charged a minimum fee of thirty dollars ($30.00) for each permit issued.
223
224 (c) For a permit issued for a temporary service, such as a trailer, house meter or meter loop added to an
225 existing service, the fee shall be thirty dollars ($30.00).
226
227 (d) For a permit for any special condition, such as and including temporary electrical release for construction
228 purposes, buildings moved, swimming pools, carnivals, services relocated but not increased and the like, the fee shall be a
229 minimum of fifty dollars ($50.00). The fee for a permit for prefabricated buildings for out -of -city use shall be thirty dollars
230 ($30.00).
231
232 (e) For a permit issued for original construction, the following fees include all equipment outlets only if
233 specifically listed on the application and installed by the permit holder before the final inspection, such fees being based on
234 the maximum current carrying capacity of each set or subset of service conductors installed, to the nearest fifty (50)
235 amperes:
236
237 (1) Single-phase: Thirty dollars ($30.00) plus twenty dollars ($20.00) for each fifty (50) amperes.
238
239 (2) Three-phase: Eighty dollars ($80.00) for the first fifty (50) amperes plus twenty dollars ($20.00)
240 for each additional fifty (50) amperes.
241
242 When services are increased or phases added, the fee shall be one-half the rate above, plus the added equipment fee. For
243 fee purposes, the service -panel nameplate amperage rating shall be used.
244
245 (f) For each piece of equipment connected and for each circuit or feeder installed, extended, relocated or
246 repaired, the fee shall be thirty dollars ($30.00) plus five dollars ($S.00) per circuit.
247
248 (g) On any electrical work commenced before an electrical permit has been issued and the requisite fee paid
249 therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of
250 such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts.
251
252 COMMENT
2S3
254 This section is shown for references purposes only; no substantive changes are made.
255
256 Sec. 8-37. Technology fee.
257
258 In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00)
259 for permits issued pursuant to Sections 8-31 8-31.1, 8-32 8-33 8-34...Such fee shall be for the following purposes:
260
261 (a) To improve community access to general information about cases applications permits and inspections
262 by providing online user-friendly search and viewing tools;
263
264 (b) To facilitate communications with property owners consultants and contractors through use of on-line
265 checklist and activity tracking that automatically emails notifications and updates regarding permit status and other
266 information not previously available on-line;
267
268 (c) To increase transparency and accountability in business operations by providing users the ability to track
269 all transactions online;
270
271 (d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on
272 demand; and
273
274 (e) To improve and expand electronic document storage management and retrieval by including scanned
275 images as part of the on-line permit record.
276
277 COMMENT
278
279 The section establishes a new "technology fee" in the amount of $5.00 for permits issued under the City Code
280 sections listed in the ordinance and sets forth the purposes of the fee. The use of the technology for which the fee is
281 established will significantly upgrade the permitting process, thereby facilitating its use by property owners and other
282 users of the system and allowing for greater efficiency in keeping permit records.
283
284 CHAPTER 33. STREETS AND SIDEWALKS
285
286 ...•
287
288 ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS
289
290 ....
291
292 Division 2. Permit Generally
293
294 Sec. 33-51. General requirement.
295
296 Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection
297 with the erection, construction, removal, relocation or maintenance of any structure, drainage system, surface, overhead or
298 underground installation or to cut, trim or spray trees or to place signs, if such work, cutting, trimming, spraying or placing
299 is on, under or over a street or affects a street, until such person has obtained a permit therefor in accordance with the
300 provisions of this division.
301
302 COMMENT
303
304 This section is shown for references purposes only; no substantive changes are made.
305
306 ....
307
308 Division 3. Permit, Inspection and guarantee fees.
309
310 Sec. 33-71. - Schedule.
311
312 (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be required or
313 not required in accordance with the following schedule:
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
(b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars
($84.00) shall be required.
COMMENT
This section is shown for references purposes only; no substantive changes are made.
Sec. 8-72. Technology fee.
In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00)
for permits issued pursuant to Section 33-51 Such fee shall be for the following purposes:
(a) To improve community access to general information about cases applications permits and inspections
by providing online user-friendly search and viewing tools;
(b) To facilitate communications with property owners consultants and contractors through use of on-line
checklist and activity tracking that automatically emails notifications and updates regarding permit status and other
information not previously available on-line;
(c) To increase transparency and accountability in business operations by providing users the ability to track
all transactions online;
(d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on
demand; and
Type of Project
One (1) permit for work
of a continuing nature
Permit Fee
$100.00
Inspection Fee
Based on 1.5% the total cost of
construction as provided in the
engineer's cost estimate, excluding
Minimum Guarantee Fee
Deposit in accordance
with estimated cost
(1)
water, sewer and street light costs,
with a $50.00 minimum.
Logging road, tram road
and other temporary
$100.00
$50.00
Deposit in accordance
with estimated cost
(2)
entrances
(3)
Cutting, trimming or
$100.00
$50.00
$25.00
spraying trees or shrubs
Blanket permit
$500.00
$0.00
$0.00
(4)
(5)
Single- or two-family
$35.00
$0.00
$0.00
driveway aprons
(6)
Single permit
All other work
$100.00
$100.00
$0.00
Based on 1.5% of the total cost of
construction as provided in the
$0.00
Deposit in accordance
with estimated cost.
(7)
engineer's cost estimate, excluding
street light costs, with a $50.00
minimum; provided, however, that
water and sewer fees shall be based
on 10% of the construction cost up to
$7,500.00 plus 1.5% of the
construction cost in excess of
$7,500.00, with a $50.00 minimum.
(b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars
($84.00) shall be required.
COMMENT
This section is shown for references purposes only; no substantive changes are made.
Sec. 8-72. Technology fee.
In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00)
for permits issued pursuant to Section 33-51 Such fee shall be for the following purposes:
(a) To improve community access to general information about cases applications permits and inspections
by providing online user-friendly search and viewing tools;
(b) To facilitate communications with property owners consultants and contractors through use of on-line
checklist and activity tracking that automatically emails notifications and updates regarding permit status and other
information not previously available on-line;
(c) To increase transparency and accountability in business operations by providing users the ability to track
all transactions online;
(d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on
demand; and
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
(e) To improve and expand electronic document storage management and retrieval by including scanned
images as part of the on-line permit record.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH:
That this ordinance shall take effect on July 1, 2012.
COMMENT
The section establishes a new "technology fee" in the amount of $5.00 for permits issued under City Code
Section 33-51 (pertaining to permits for work on, under, over or affecting public rights-of-way) and sets forth the
purposes of the fee. The use of the technology for which the fee is established will significantly upgrade the permitting
process, thereby facilitating its use by property owners and other users of the system and allowing for greater efficiency
in keeping permit records.
Adopted by the City Council of the City of Virginia Beach, Virginia on the gth day of May, 2012.
APPROVED AS TO CONTENT:
Management Services
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Mr. Moss and Mr. DeSteph Proposal on the FY 2012-13 Capital Improvement
Program Related Ordinances
MEETING DATE: May 8, 2012
■ Background: On March 27, 2012, the City of Virginia Beach FY 2012-13
Proposed Resource Management Plan, which includes the Operating Budget and
Capital Improvement Program, was presented to City Council. The City held a budget
open house April 5th to provide information to citizens about the proposed budget. City
Council held budget workshops on April 3rd, 10tH 17th 24tH and May 1St to discuss the
budget. City Council held public hearings on April 18th 24tH and May 8th to provide the
public the opportunity to comment on the proposed Resource Management Plan.
■ Considerations: Attached is a power point presented to City Council May 1,
2012, outlining the FY 2012-13 Operating Budget recommendations presented by
Council Member Moss and Council Member DeSteph. Major recommended changes to
the City Manager's Proposed Operating Budget are highlighted below with additional
information available in the attached supporting documentation.
Real Estate tax rate is reduced from the City Manager's Operating Budget proposal
of 93 cents to 89 cents.
2. Funds School with the exception of the 3% pay raise.
3. Reallocates resources to provide new investments. New investments are more
detailed and further explained in the attached ordinances and PowerPoint
presentation.
The following ordinances are provided for the Council's consideration and approval to
implement the FY 2012-13 Capital Budget and Capital Improvement Program based on
the Mayor/Vice Mayor's proposed modifications.
1. An Ordinance to Adopt the FY 2013/FY 2018 Capital Improvement Program and to
Appropriate $245,410,943 for the FY 2013 Capital Budget Subject to Funds Being
Provided from Various Sources Set Forth Herein
2. An Ordinance Authorizing the Issuance of General Obligation Public Improvement
Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of
$67,700,000 for Various Public Facilities and General Improvements
3. An Ordinance Authorizing the Issuance of Water and Sewer System Revenue Bonds
of the City Of Virginia Beach, Virginia, in the Maximum Amount of $27,000,000
4. An Ordinance to Realign Revenues of the Roadways Capital Improvements Projects
from Various Sources Set Forth Herein
■ Public Information: Three public hearings and one Open House have been
held concerning the proposed real estate tax increase, the Operating Budget and
Capital Improvement Program. Information on these ordinances was disseminated to
the public through the publication of the Proposed Operating Budget and Capital
Improvement Program documents which were available for public review at the
Libraries and on the City's web site. In addition, the ordinances are advertised through
the normal Council agenda process, including the advertisement of the City Council
agenda. In accordance with the City Charter and State law, there was a series of public
notices in the Beacon, which ap�eared on April 1St 8th and 15th and in the Main Section
of the Virginian -Pilot on April 29t .
■ Attachments: FY 2012-13 Capital Budget and Capital Improvement Program
Ordinances
PowerPoint Presentation by Mr. Moss/DeSteph to City Council on
May 1, 2012.
Submitting Department/Agency: Department of Management Services
City Manager:
REQUESTED BY COUNCILMEMBERS MOSS AND DeSTEPH
1 AN ORDINANCE TO ADOPT THE FY 2013/FY 2018 CAPITAL
2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $245,410,943 FOR
3 THE FY 2013 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED
4 FROM VARIOUS SOURCES SET FORTH HEREIN
5 WHEREAS, the City Manager, on March 27, 2012, presented to City Council the Capital Improvement Program for
6 fiscal years 2013 through 2018;
7
8 WHEREAS, City Council held public hearings on the program to provide for public comment;
9
0 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital
1 Improvement Program; and
2
3 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2013 fiscal
4 year, as set forth in said Capital Improvement Program.
.5
.6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capital
facilities identified for fiscal years 2013 through 2018 is hereby adopted, and the projects listed therein are hereby
approved as capital projects.
Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until
funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any
manner at any time by City Council.
Section 3. That funds in the amounts aggregating $245,410,943 for capital projects in the Capital Budget for the
2013 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the
conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A — Capital Budget
Appropriations," a copy of which is attached hereto.
Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget
for the 2013 fiscal year as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B —
Financing Sources."
Section S. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said
Capital Improvement Program and reallocated as identified in "Attachment C — Transfers," a copy of which is attached
hereto.
Section 6. That reductions in financing sources in support of the Capital Budget for the 2013 fiscal year as set forth in
said Capital Improvement Program are attached to this ordinance as "Attachment D — Changes in Financing Sources."
Section 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be
initiated except with the consent and approval of the City Council first being obtained. An appropriation for a project in the
Capital Improvement Program shall continue in force, and, to the extent required by law, re -appropriated for use in FY
2012-13 until the purpose for which it was made has been accomplished or abandoned.
Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects,
must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract.
Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the
Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000
between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City
53 Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is
54 hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices,
55 reporting requirements and the Capital Improvement Program adopted by the City Council.
56
57 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer
58 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects"
59 mean water and sewer projects having the same name or project scope and description with the exception of "water" or
60 "sewer" being in the title and/or project scope and description.
61
62 Section 11. That the City Manager or the Director of Management Services is hereby authorized to change, subject
63 to any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects
64 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or
65 realized revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of
66 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue,
67 those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of
68 any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of
69 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a
70 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds.
71
72 Section 12 That the following CIP projects shall be reduced from the Manager's proposed budget in the stated
73 amounts:
74
75 a CIP 9-504 Newtown SGA by $750,000, with a corresponding reduction in PFRB authorization;
76 b. CIP 9-505 Pembroke SGA by $750,000;
77 c CIP 9-506 Rosemont SGA by $750,000, with a reduction in PFRB authorization by $369,768;
78 d. CIP 9-081 SGA General by $1,250,000;
79 e CIP 4-505 Bow Creek Rec Center by $17,418,934, with a corresponding reduction inPFRB authorization;
80 f. CIP 3-648 CIT Bi -Weekly payroll by $1,854,144;
81 g. CIP 3-596 Refurnish Thalia and Chicks Beach Stations by $1,316,710;
82 h. CIP 3-139 Various Site Acquisitions by $1,274,081;
83 i CIP 4-308 Open Space Site Acquisition Phase III by $500,000, with a reduction in debt financing, if applicable;
84 k CIP 4-306 Open Space Park Development and Maintenance Phase II by $1,000,000, with a reduction in debt
85 financing, if applicable; and
86 I. CIP 3-637 Study for emergency by $436,150.
87
88 Section 13. Fund the following capital projects and establish a new project if applicable:
89
90 a. CIP for Historic Homes capital maintenance $1,002,430 with funding from
91 1 $502,430 (of the $6+M) from the bond premium that is a revenue source for Economic Development capital
92 proiects;
93 2 $500,000 from the fund balance funding that would have been provided to CIP-3-596 Refurnish Thalia and
94 Chicks Beach stations.
95
96 b CIP for Economic Development overseas office pilot program in the amount of $816,710 with funding from:
97 1 $816,710 from fund balance funding that would have been provided to CIP-3-596 Refurnish Thalia and Chicks
98 Beach stations.
99
100 c. CIP for Beach Replenishment (other than Sandbridge) $ 5,557,195 with funding from:
101 1. $1,847,114 from CIP 3-648 CIT Bi -weekly payroll;
102 2. $2,436,000 from the appropriation of ARP Reserve fund balance; and
103 3. $1,274,081 from Various Site Acquisitions CIP 3-139.
104
105 Section 14 For the avoidance of debt from the changes in Section 12 and 13 supra Staff is to return to City Council
106 with an amendment to the Operating Budget providing the debt service costs avoided as an appropriation to the General
107 Fund Reserve for Contingencies.
108
109 SeGtimon 3:2. That the funding seuFees fGF the fellewing Gapital impFevement pFejeets shew'd be amend
110 FVice '
111 heFeby changed fFem fund balance 40M the 114OFFnatien Z -nal SeWiee Fund to FY 2010 !1 GhaFteF BGA
112
113Acquisition,
heFeby
114h ad fFedeFal Fevenue to rash On Lieu „fes
115
116 Section 13 15. That the Capital Improvement Program debt management policies contained and included in the
117 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report
118 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those
119 guidelines, such information to be included in the Resource Management Plan submittal. The City Manager may propose
120 modifications to those policies and guidelines through the Resource Management Plan.
121
122 Section -14 16. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real
123 property necessary for the project is authorized by means of voluntary negotiation with willing sellers.
124
125 Section 45 17. That violation of this ordinance shall result in the City Manager taking disciplinary action against the
126 person or persons responsible for the capital project in which the violation occurred.
127
128 Section 16 18. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such
129 decision shall not affect the validity of the remaining portions of this ordinance.
130
131 Section -W 19. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the
132 FY 2013 Capital Budget shall be effective on July 1, 2012.
133
134 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
135
136 Requires an affirmative vote of the majority of City Council
APPROVED AS TO LEGAL SUFFICIENCY:
ce e City Attorney
I AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF
4 $67,700,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL
5 IMPROVEMENTS
6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general
7 obligation public improvement bonds for various purposes in the maximum amount of $67,700,000, as permitted by the City
8 Charter, without submitting the question of their issuance to the qualified voters.
9
10 WHEREAS, City Council held public hearings on the program to provide for public comment;
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
13
14 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various
15 public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants
16 and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through
17 the borrowing of up to $67,700,000 and issuing the City's general obligation bonds therefor.
18
19 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to e
imum amount of $67,700,000, to provide funds,
20 issued general obligation public improvement bonds of the City in the max
21 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal,
22 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following:
23 preliminary studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site
ctn, renovation,
, repair,
24 acquisition, relocation of resients, utility legal setivices, inspectionlandtsupport sery cello, furniture and equipment,nand contingencies.rdemolition, site
25 improvement, site work, g
26
27 3. That the bonds may be issued as a separate issue at one time or in part from time to time or combine
mbined issues of public improvement bonds.
28 with bonds authorized for other purposes and sold as part of one or more co
29
30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from
31 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times
32 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
33remium, if an
34 5. That the bonds shall be general obligations of the City for the payment of the principal, p Y,
35 and interest on which its full faith and credit shall be irrevocably pledged.
36
37 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection y
Clerk's office from the date of adoption hereof through the date
38 the general public during normal business hours at the City
39 of the issuance of the Bonds.
40
41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file
42 a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
43
44 8. That this ordinance shall be in full force and effective from its passage.
45
46 Adopted by the Council of the City of Virginia Beach, Virginia on this 8T day of May, 2012.
47
48 Adoption requires the affirmative vote of two-thirds of all members of the City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Cit ey's Office
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM
2 REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
3 AMOUNT OF $27,000,000
4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and sewer system
5 revenue bonds in the maximum amount of $27,000,000 for financing improvements and expansions to the City's water and sewer
6 system (the "System"), as permitted by the City Charter without submitting the question of their issuance to the qualified voters.
7
8 WHEREAS, City Council held public hearings on the program to provide for public comment;
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
11
12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving an
13 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth,
14 development, and general welfare of the City, and to finance the costs thereof through the borrowing of $27,000,000 and issuing
15 the City's revenue bonds therefore.
16
17 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water
18 and sewer system revenue bonds of the City in the maximum amount of $27,000,000 to provide funds, together with other
19 available funds, for financing the costs of improvements and expansions to the System.
20
or dates, mature at such time or times not exceeding 40 years from their dates,
21 3. That the bonds shall bear such date
22 bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such
23 manner as the Council may hereafter provide by appropriate resolution or resolutions.
24
25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations
26 of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System,
27 and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or
28 constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any country, city, town,
29 or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the
30 covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter
31 shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the
32 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged
33 to the payment of the principal of and premium, if any, and interest on the bonds.
34
35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the
36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such
37 rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time
38 and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on
39 the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also
40 include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and
41 sewer revenue obligations.
42
43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general
44 public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of
45 the bonds.
46
47 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified
48 copy of this ordinance with the Circuit Court of the City of Virginia Beach.
49
50 8. That this ordinance shall be in full force and effect from its passage.
51
52 Adopted by the Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
53
54 Adoption requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT:
o o
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
r
City ffice
1 AN ORDINANCE TO REALIGN REVENUES OF THE ROADWAYS CAPITAL
2 IMPROVEMENTS PROJECTS FROM VARIOUS SOURCES SET FORTH
3 HEREIN
4 WHEREAS, the City establishes funding sources for Roadways capital project based on initial estimates of State,
5 Federal and local sources provided by the Virginia Department of Transportation (VDOT);
6
7 WHEREAS, VDOT finalizes funding allocations in any given year after the proposed Capital Budget is finalized for
8 presentation to City Council;
9
10 WHEREAS, VDOT also adjusts revenue sources and local funding responsibility throughout the duration of a given
11 project;
12
13 WHEREAS, VDOT also adjusts the funding resources based on changes in scope, bids received, and availability o
14 annual funding; and
15
16 WHEREAS, this ordinance does not increase aggregate appropriations to date; and
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
19
20 1. That the following projects have $1,399,038 in local funding available as the projects are nearing final completion;
21 appropriations can be reduced and local revenue is necessary to provide local funding as set forth in paragraphs 6-8
22 below: $327,184
a. 2-067 Sandbridge Road Safety Improvements 9,708
b. 2-073 Buckner Boulevard Extended 396,312
c. 2-074 1-264 Great Neck Ramps 9,625
d. 2-076 Laskin Road Gateway 18,704
e. 2-091 Nimmo Parkway Phases III and IV 419,502
f. 2-137 Great Neck Road IV/London Bridge Road III 218,003
g. 2-285 Traffic Safety Improvements
23
24 2. That the following projects have $3,336,344 in local funding available due to favorable bids or changes in local
25 funding requirements by VDOT; appropriations can be reduced and local revenue is necessary to provide local
26 funding as set forth in paragraphs 6-8 below: 2,078,329
h. 2-121 Nimmo Parkway Phase V-A (VDOT)
373,277
i. 2-145 Wesleyan Drive
j. 2-305 Princess Anne Road — Phase IV 884,738
27
28 3. That the following projects have State funding reduced and Federal funding increased in equal amounts:
29 a. That Project 2-025 — Witchduck Road is hereby decreased by $623,100 in estimated State revenue and
30 increased by $623,100 in estimated federal revenue.
31 b. That Project 2-145 — Wesleyan Drive is hereby reduced by $7,552,910 in State revenue and increased by
32 $7,552,910 in Federal revenue.
33 c. That Project 2-152 — Elbow Road Extended — Phase II is hereby reduced by $3,644,000 in State revenue and
34 increased by $3,644,000 in Federal revenue.
35 d. That Project 2-165 — Laskin Road — Phase II is hereby reduced by $404,000 in State revenue and increased by
36 $404,000 in Federal revenue.
37
38 4. That the following projects have Federal funding reduced and State funding increased in equal amounts:
39 a. That Project 2-089 — Southeastern Parkway and Greenbelt is hereby reduced by $378,011 in Federal
40 revenue and increased by $378,011 in State funding.
41 b. That Project 2-177 — Proactive Safety Improvement Program is hereby reduced by $101,000 in Federal
42 revenue and increased by $101,000 in State revenue.
43
44 5. That Project 2-065 —Elbow Road Extended —Phase II -A is hereby reduced by $17,131 in estimated State revenue and
45 total appropriations in this project are reduced by $17,131.
46
47 6. That Project 2-039 — Computerized Traffic Signal System Upgrade and Replacement is hereby reduced by
48 $17,102,240 in estimated State revenue, increased by $10,840,370 in Federal revenue, increased by $1,314,307
49 supported by an appropriation of Interest on Bank Deposits, $1,399,038 in local revenue from the projects above,
50 and the appropriation reduced by $3,548,525.
51
52 7. That Project 2-048 — Princess Anne Road/Kempsville Road Intersection Improvements is hereby reduced by
53 $38,688,855 in State revenue, increased by $37,054,000 in Federal revenue and $1,634,855 in local revenue.
54
55 8. That Project 2-178 — Highway Safety Improvement Program is hereby reduced by $2,662,569 in Federal revenue,
56 increased by $67,095 in State revenue, increased by $1,701,489 in local revenue, and the appropriation reduced by
57 $893,985.
58
59 9. That this ordinance shall be in effect from the date of its adoption.
60
61 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
62
63 Requires an affirmative vote of the majority of City Council.
APPROVED AS TO CONTENT:
i
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
City e s Office
`' ��`�t��rrrr ✓
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City Manager Proposal on the FY 2012-13 Operating Budget Related
Ordinances
MEETING DATE: May 8, 2012
■ Background: On March 27, 2012, the City of Virginia Beach FY 2012-13
Proposed Resource Management Plan, which includes the Operating Budget, was
presented to City Council. The City held a budget open house April 5th to provide
information to citizens about the proposed budget. City Council held budget workshops
on April 3th, 10tH 17th, 24tH and May 1St to discuss the budget. City Council held public
hearings on April 18tH 24th, and May 8th to provide the public the opportunity to
comment on the proposed Resource Management Plan.
Considerations: After discussions at the May 1, 2012 Reconciliation Workshop, the
majority of City Council agreed to adopt the City Manager's Proposed Resource
Management Plan Operating Budget as presented:
• A one-time five percent (5%) increase in full time employee salaries to offset the
mandated increase in VRS.
The real estate tax will be increased from eighty-nine cents to ninety-three cents.
• The financial obligations associated with the Lynnhaven Mall Development
Agreement are complete and the Lynnhaven Mall Tax Increments Finance Fund
is dissolved.
• All other proposed taxes/fees and appropriations, as proposed in the City
Manager's Proposed budget, will be included in the FY 2012-13 Operating
Budget.
The following ordinances are provided for the Council's consideration and approval to
implement the FY 2012-13 Operating Budget.
1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1,
2012 and Ending June 30, 2013 in the Sum of $1,758,559,231 for Operations
2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2013
3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery
and Tools for the Calendar Year 2013
4. An Ordinance to Authorize the City Manager to Submit an Annual Funding
Plan to the U.S. Department of Housing and Urban Development
5. An Ordinance to Declare $7,000,000 of Funding within the Sandbridge Tax
Increment Financing District as Surplus Funds in the FY 2011-12 Operating
Budget
6. An Ordinance to Complete the City's Financial Obligations Associated with
the Lynnhaven Mall Development Agreement and Dissolve the Lynnhaven
Mall Tax Increment Financing Fund
7. An Ordinance to Amend the City Code Pertaining to the Sanitary Sewer
Service Water Tap Sizes
8. An Ordinance to Amend Chapters 8 and 33 of the City Code by Adding New
Sections 8-37 and 33-72, Establishing a Technology Fee in the Amount of
Five Dollars for Building, Electrical, Plumbing, Mechanical, Fence, Sign,
Right -Of -Way and Certain Other Permits
■ Public Information: Three public hearings and one Open House have been
held concerning the proposed real estate tax increase and, the Operating Budget.
Information on these ordinances was disseminated to the public through the publication
of the Proposed Operating Budget document which were available for public review at
the Libraries and on the City's web site. In addition, the ordinances are advertised
through the normal Council agenda process, including the advertisement of the City
Council agenda. In accordance with the City Charter and State law, there was a series
of public notices in the Beacon, which appeared on April 1St, 8th, and 15th and in the
Hampton Roads Section of the Virginian -Pilot on April 29tH
■ Attachments: FY 2012-13 Operating Budget Ordinances
Submitting Department/Agency: Department of Management Services
City Manager:
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
2 BEGINNING JULY 1, 2012 AND ENDING JUNE 30, 2013 IN THE SUM OF
3 $ 1,758,559,231 FOR OPERATIONS
4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning
5 July 1, 2012, and ending June 30, 2013, and it is necessary to appropriate sufficient funds to cover said budget;
6
7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
8
9 Sec. 1. That the amounts named aggregating $2,433,172,045 consisting of $487,949,281 in inter -fund transfers,
10 $186,663,533 for internal service funds, and $1,758,559,231 for operations, are hereby appropriated subject to the
11 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for the
12 purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference,
13 for the fiscal year beginning July 1, 2012, and ending June 30, 2013, a summary of which is attached to this ordinance as
14 "Attachment A—Appropriations."
15
16 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations is set
17 forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations attached to this
18 ordinance as "Attachment B — Revenues."
19
20 Sec. 3. With the exception of the funds under the control of the School Board, specifically the funds numbered 106, 107,
21 108, 109, 112, 114, 115, 116, 117, 119, 614, and 615 (hereinafter referred to as School Board Funds"), the total number of
22 full-time permanent positions shall be the maximum number of positions authorized for the various departments of the
23 City during the fiscal year, except for changes or additions authorized by the Council or as hereinafter provided. The City
24 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the
25 aggregate amount expended for such services shall not exceed the respective appropriations made therefore. The City
26 Manager is further authorized to make such rearrangements of positions within and between the departments as may best
27 meet the needs and interests of the City, including changes necessary to implement the employee transition program.
28
29 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby
30 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal
31 year as may be necessary to implement organizational adjustments that have been authorized by the City Council. Unless
32 otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the
33 City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing
34 organizational functions. The City Manager shall make a report each year to the City Council identifying the status and
35 progress of any such organizational adjustments.
36
37 Sec. S. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service District
38 Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax levy.
39
40 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the
41 fiscal year ending on June 30, 2013, unless otherwise provided for, are hereby declared to be lapsed into the fund balance
42 of the respective funds, except all appropriations to School Board Funds derived from local public sources which shall lapse
43 and revert to the General Fund Balance, and may be used for the payment of the appropriations that may be made in the
44 appropriation ordinance for the fiscal year beginning July 1, 2013. Prior to the expenditure of any sums that have lapsed to
45 the fund balance of any fund, an appropriation by the City Council shall be required.
46
47 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for
48 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water
49 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be
50 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue
51 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less
52 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non -borrowed funds, on a five-year rolling
53 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system.
54
55 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close
56 of the business for the fiscal year ending on June 30, 2013, are hereby declared to be re -appropriated into the fiscal year
57 beginning July 1, 2013, and estimated revenues adjusted accordingly.
58
59 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal
60 sources and trust or gift funds, whose period of expenditure extends beyond the fiscal year ending on June 30, 2012, are
61 hereby declared to be re -appropriated into the fiscal year beginning July 1, 2012, and estimated revenues adjusted
62 accordingly. The close-out of any grant or similar funding mechanism shall account for all expenditures in such grant, and
63 provided there is any remaining balance in the grant the portion of the balance attributable to local sources shall revert to
64 the General Fund special revenue fund or enterprise fund that provided the initial local contribution.
65
66 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall
67 exceed the amount of such appropriations except with the consent and approval of the City Council first being obtained. It
68 is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the
69 totals for each Appropriation Unit included in this ordinance and does not apply to Inter -fund Transfers.
70
71 Sec.11. The City Manager or the Director of Management Services is hereby authorized to approve transfers of
72 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City
73 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the
74 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for
75 Contingencies — Regular, within the intent of the Reserve as approved by City Council.
76
77 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to establish and administer
78 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the
79 programs and services adopted by the City Council. The City Manager or the Director of Management Services is further
80 authorized to establish administrative directives to provide additional management oversight and control to ensure the
81 integrity of the City's budget.
82
83 Sec. 13. The City Manager or the Director of Management Services is hereby authorized to change the Estimated
84 Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating
85 Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce,
86 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager
87 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City
88 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The
89 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of
90 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby
91 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for
92 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any
93 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded
94 debt of the City Government.
95
96 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments,
97 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and
98 employees of their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per
99 mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional miles of such use within the
100 fiscal year.
101
102 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably
103 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to
104 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure
105 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the
106 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City
107 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that
108 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in
109 which the emergency expenditures occurred.
110
111 An emergency is defined for the purposes of this provision as an event that could not have been reasonably
112 foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or
113 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public
114 properties.
115
116 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to
117 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of
118 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically
119 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump -sum" amounts.
120
121 Sec 17 The City Manager is hereby authorized to allocate funding, within the aggregate amounts approved by City
122 Council for total compensation to implement the General Assembly mandated changes to the Virginia Retirement System
123 ("VRS") that require all full-time City employees hired before July 1 2010 to pay up to five percent (5%) of their salaries to
124 the VRS to be offset by a pay increase not to exceed five percent (5%).
125
126 Sec. 4418. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons
127 responsible for the management of the Appropriation Unit in which the violation occurred.
128
129 See. IS. P. -Rd; iR the arneunt ef $3,699,000 aFe heFeby tFaRsfe4ed fFBFA the fund balaRee ef the GeReFal PuRd a
130
131 Management Inte...-.i c....,*re Pund . 4eeti.,,, an i.,ne 39 2gl4—.
132
133
134
135
136 Sec. X619. With the ~tier of SeetieAs 18 and ,n, `This ordinance shall be effective on July 1, 2012.
137
138 Sec. 24.,20. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
139 shall not affect the validity of the remaining parts of this ordinance.
140
141 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 8th day of May, 2012.
142
143 Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
tt e ' Of ice
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
002 General Fund
Agriculture
Benefits Administration
Board of Equalization
Circuit Court
City Attorney
City Auditor
City Clerk
City Manager
City Real Estate Assessor
City Treasurer
Clerk of the Circuit Court
Commissioner of the Revenue
Commonwealth's Attorney
Communications and Information Technology
Community Organization Grants
Convention and Visitor Bureau
Cultural Affairs
Debt Service
Director of Finance
Economic Development
Emergency Communications and Citizen Services
Emergency Medical Services
Employee Special Benefits
Fire
General District Court
General Registrar
Health
Housing and Neighborhood Preservation
Human Resources
Human Services
Independent Financial Services
Juvenile and Domestic Relations District Court
Juvenile Probation
Leases
Library
Magistrates
Management Services
Mass Transit Operations
Municipal Council
Museums
Parks and Recreation
Planning
Police
Public Works
Regional Participation
Reserve for Contingencies
Revenue Reimbursements
Strategic Growth Area
Transfer to Other Funds
Vehicle Replacements
FY 2012-13
Proposed
757,224
662,283
15,846
1,034,008
3,819,468
623,735
576,749
2,658,037
3,175, 280
5,111,193
3,041,507
4,035,389
7,491,148
22,734,101
426,343
8,839, 297
2,358,924
48,375,933
4,939,761
2,311,326
10,453,477
7,726,688
5,266,655
44,588,074
359,618
1,378,340
2,991,428
1,680, 366
4,291,809
106,030,865
153,878
137,438
1,781,767
1,673,225
17,392,209
95,514
1,514,382
4,472,679
545,118
9,996,685
13,233,825
9,919,591
92;000, 136
63,639,425
1,993,213
5,584,652
15,957,439
952,992
427,927,005
5.111.914
Fund 002 Appropriation Totals 981,837,959
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
098 School Reserve Special Revenue Fund
Transfer to Other Funds
Fund 098 Appropriation Totals
106 School Technology Category Special Revenue Fund
Technology
Fund 106 Appropriation Totals
107 School Equipment Replacement Special Revenue Fund
FY 2012-13
Proposed
11, 000, 000
11,000,000
26, 338, 973
Reserve for Contingencies 902,602
Fund 107 Appropriation Totals 902,602
109 School Vending Operations Fund
Athletic 329,561
Fund 109 Appropriation Totals 329,561
112 School Communication Tower Technology Fund
Instructional Technology 600,000
Fund 112 Appropriation Totals 600,000
114 School Cafeteria Fund
Cafeteria
115 School ODeratina Fund
Administration, Attendance, and Health
City Manager Adjustment
Debt Service
Instruction
Operations and Maintenance
Pupil Transportation
116 School Grants Fund
Grants
117 School Textbook Fund
Textbook
119 School Athletic Special Revenue Fund
Athletic
Fund 114 Appropriation Totals 28,343,127
21,434,692
-17,577,585
44,747,986
522,820,730
87,242,879
30,154, 558
Fund 115 Appropriation Totals 688,823,260
68, 578, 220
Fund 116 Appropriation Totals 68,578,220
Fund 117 Appropriation Totals 15,117,601
Fund 119 Appropriation Totals 4,941,085
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
130 Law Library Fund
Library
Reserve for Contingencies
Transfer to Other Funds
142 DEA Seized Property Special Revenue Fund
Commonwealth's Attorney
144 Waste Management Special Revenue Fund
Public Works
FY 2012-13
224,869
2,329
r'7 ')G')
Fund 130 Appropriation Totals 284,450
200,000
Fund 142 Appropriation Totals 200,000
Fund 144 Appropriation Totals
147 Federal Section 8 Program Special Revenue Fund
Housing and Neighborhood Preservation
149 Sheriffs Department Special Revenue Fund
Sheriff and Corrections
Transfer to Other Funds
151 Parks and Recreation Special Revenue Fund
Debt Service
Future C.I.P. Commitments
Parks and Recreation
Public Works
Transfer to Other Funds
152 Tourism Investment Program Fund
Convention and Visitor Bureau
Cultural Affairs
Debt Service
Mass Transit Operations
Parks and Recreation
Public Works
Strategic Growth Area
Transfer to Other Funds
Fund 147 Appropriation Totals
Fund 149 Appropriation Totals
44,555,404
44,555,404
17,474,801
17,474,801
38,135, 820
24,551
7O AGA ]'l1
1,889,313
1,597,465
28, 364,155
2,772,645
2,573,615
Fund 151 Appropriation Totals 37,197,193
Fund 152 Appropriation Totals
157 Sandbridge Special Service District Spec Rev Fd
Transfer to Other Funds
Fund 157 Appropriation Totals
100,000
50,500
26,252,872
590,000
275,485
915,684
3,522,454
A 7I)G �AA
36,033,386
A OAA AAC
4,804,405
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
172 Open Space Special Revenue Fund
Debt Service
Parks and Recreation
Public Works
Transfer to Other Funds
174 Town Center Special Service District
Parks and Recreation
Town Center Special Tax District
Transfer to Other Funds
180 Community Development Special Revenue Fund
Housing and Neighborhood Preservation
Transfer to Other Funds
181 CD Loan and Grant Fund
Housing and Neighborhood Preservation
182 Federal Housing Assistance Grant Fund
Housing and Neighborhood Preservation
2,433, 043
490,838
15,300
2,026,724
Fund 172 Appropriation Totals 4,965,905
29,367
1,580,361
337,197
Fund 174 Appropriation Totals 1,946,925
2,058,899
19R ARR
Fund 180 Appropriation Totals 2,187,757
RQr, ARA
Fund 181 Appropriation Totals 595,488
RQQ Ann
Fund 182 Appropriation Totals 899,400
FY 2012-13
Proposed
161 Agriculture Reserve Program Special Revenue Fund
Agriculture
215,950
Debt Service
3,643,024
Reserve for Contingencies
477,652
Fund 161 Appropriation Totals
4,336,626
163 Tourism Advertising Program Special Revenue Fund
Convention and Visitor Bureau
10,084,811
Transfer to Other Funds
56,838
Fund 163 Appropriation Totals
10,141,649
166 Sandbridge Tax Increment Financing
Fund
Future C.I.P. Commitments
7,113,616
Fund 166 Appropriation Totals
7,113,616
169 Central Business District -South TIF
(Twn Cntr) Fd
Debt Service
5,588,312
Transfer to Other Funds
150,000
Fund 169 Appropriation Totals
5,738,312
172 Open Space Special Revenue Fund
Debt Service
Parks and Recreation
Public Works
Transfer to Other Funds
174 Town Center Special Service District
Parks and Recreation
Town Center Special Tax District
Transfer to Other Funds
180 Community Development Special Revenue Fund
Housing and Neighborhood Preservation
Transfer to Other Funds
181 CD Loan and Grant Fund
Housing and Neighborhood Preservation
182 Federal Housing Assistance Grant Fund
Housing and Neighborhood Preservation
2,433, 043
490,838
15,300
2,026,724
Fund 172 Appropriation Totals 4,965,905
29,367
1,580,361
337,197
Fund 174 Appropriation Totals 1,946,925
2,058,899
19R ARR
Fund 180 Appropriation Totals 2,187,757
RQr, ARA
Fund 181 Appropriation Totals 595,488
RQQ Ann
Fund 182 Appropriation Totals 899,400
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
540 General Government Capital Projects Fund
Building Capital Projects
400,000
FY 2012-13
4,968,387
Communications and Information Technology Projects
Proposed
183 Grants Consolidated Fund
5,824,859
Parks and Recreation Capital Projects
Commonwealth's Attorney
Roadways Capital Projects
333,680
Emergency Medical Services
375,000
Fire
757,260
Housing and Neighborhood Preservation
1,281,227
Human Services
1,677,882
Police
75,866
Public Works
15,000
Reserve for Contingencies
100,000
Transfer to Other Funds
400,000
Fund 183 Appropriation Totals
5,015,915
241 Water and Sewer Fund
Debt Service
20,050,544
Public Utilities
75,674,801
Reserve for Contingencies
1,414,147
Transfer to Other Funds
17,907,404
Fund 241 Appropriation Totals
115,046,896
253 Parking Enterprise Fund
Debt Service
725,012
Reserve for Contingencies
282,477
Strategic Growth Area
1,638,096
Transfer to Other Funds
427,130
Fund 253 Appropriation Totals
3,072,715
255 Storm Water Utility Enterprise Fund
Debt Service
2,359,776
Public Works
16,184,802
Reserve for Contingencies
250,000
Transfer to Other Funds
15,733,259
Fund 255 Appropriation Totals
34,527,837
310 Old Donation Creek Area Dredging SSD
Transfer to Other Funds
68,652
Fund 310 Appropriation Totals
68,652
540 General Government Capital Projects Fund
Building Capital Projects
400,000
Coastal Capital Projects
4,968,387
Communications and Information Technology Projects
2,414,473
Economic and Tourism Development Capital Projects
5,824,859
Parks and Recreation Capital Projects
7,373,332
Roadways Capital Projects
2,000,000
Fund 540 Appropriation Totals 22,981,051
541 Water and Sewer Capital Projects Fund
Water and Sewer Capital Projects 8,000,000
Fund 541 Appropriation Totals 8,000,000
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
FY 2012-13
Proposed
555 Storm Water Capital Proiects Fund
Storm Water Capital Projects
14,202,870
Fund 555 Appropriation Totals
14,202,870
604 Print Shop Internal Service Fund
Communications and Information Technology
1,841,657
Reserve for Contingencies
491,131
Fund 604 Appropriation Totals
2,332,788
606 City Garage Internal Service Fund
Public Works
10,646,769
Fund 606 Appropriation Totals
10,646,769
607 Risk Management Internal Service Fund
Director of Finance
11,071,818
Fund 607 Appropriation Totals
11,071,818
610 Capital Proiects Internal Service Fund
Communications and Information Technology
197,364
Director of Finance
164,434
Economic Development
80,671
Public Works
283,348
Fund 610 Appropriation Totals
725,817
613 School Landscaping Internal Service Fund
Parks and Recreation
3,676,911
Fund 613 Appropriation Totals
3,676,911
614 School Risk Management Fund
School Risk Management
11,488,946
Fund 614 Appropriation Totals
11,488,946
615 City and School Health Insurance Fund
City and School Health Insurance
132,851,160
Fund 615 Appropriation Totals
132,851,160
616 Fuels Internal Service Fund
Public Works
7,009,359
Fund 616 Appropriation Totals
7,009,359
620 Telecommunications Internal Service Fund
Communications and Information Technology
2,807,772
Reserve for Contingencies
447,320
Fund 620 Appropriation Totals
3,255,092
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment A - Appropriations
621 Subscriptions Internal Service Fund
Communications and Information Technology
Reserve for Contingencies
908 City Beautification Fund
Parks and Recreation
909 Library Gift Fund
Library
910 Parking Meters - Homeless Donation Fund
Housing and Neighborhood Preservation
911 Parks and Recreation Gift Fund
Parks and Recreation
Total Budget Appropriations
Less Internal Service Funds
Less Interfund Transfers
NET BUDGET APPROPRIATIONS
FY 2012-13
Proposed
2,606,092
998,781
Fund 621 Appropriation Totals 3,604,873
72,500
Fund 908 Appropriation Totals 72,500
7,000
Fund 909 Appropriation Totals 7,000
10,000
Fund 910 Appropriation Totals 10,000
Fund 911 Appropriation Totals 55,000
2,433,172,045
186,663,533
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
002 General Fund
Revenue From Local Sources
Automobile License
Business License
Charges for Services
Cigarette Tax
Fines and Forfeitures
From the Use of Money and Property
General Sales Tax
Hotel Room Tax
Miscellaneous Revenue
Other Taxes
Permits, Privilege Fees, and Regulatory Licenses
Personal Property
Real Estate
Restaurant Meal Tax
Utility Tax
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Specific Fund Reserves
Transfers from Other Funds
098 School Reserve Special Revenue Fund
Specific Fund Reserves
FY 2012-13
Proposed
9,627,435
42,423,932
34,175, 279
11, 218, 625
6,043,373
5,095,499
54,098,252
5,622,146
6,062,974
16,690,556
4,476,243
132,412,895
429, 375, 636
35,146,135
44,979,473
91,966,749
16,730,201
21,700,656
13, 991, 900
Fund 002 Revenue Totals 981,837,959
11, 000, 000
Fund 098 Revenue Totals 11,000,000
106 School Technology Category Special Revenue Fund
Transfers from Other Funds 26,338,973
Fund 106 Revenue Totals 26,338,973
107 School Equipment Replacement Special Revenue Fund
Specific Fund Reserves 902,602
109 School Vending Operations Fund
Revenue From Local Sources
Miscellaneous Revenue
Specific Fund Reserves
112 School Communication Tower Technology Fund
Revenue From Local Sources
From the Use of Money and Property
Specific Fund Reserves
Fund 107 Revenue Totals 902,602
192,550
137,011
Fund 109 Revenue Totals 329,561
260,000
340,000
Fund 112 Revenue Totals 600.000
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
114 School Cafeteria Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Specific Fund Reserves
115 School Operating Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
State Shared Sales Tax
Revenue from the Federal Government
Transfers from Other Funds
116 School Grants Fund
Revenue From Local Sources
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
117 School Textbook Fund
Revenue From Local Sources
From the Use of Money and Property
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Specific Fund Reserves
119 School Athletic Special Revenue Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Miscellaneous Revenue
Specific Fund Reserves
FY 2012-13
Proposed
14,030,889
8,091
130,000
485,000
13,361,841
327,306
Fund 114 Revenue Totals 28,343,127
2,183,837
465,000
657,000
238, 355, 084
69, 064, 589
16,636,723
361,461, 027
Fund 115 Revenue Totals 688.823.260
3,274,643
15,446,303
49,857,274
Fund 116 Revenue Totals 68,578,220
100,000
10,000
3,790,074
11, 217, 527
Fund 117 Revenue Totals 15,117,601
489,000
45,000
4,197,085
210,000
Fund 119 Revenue Totals 4,941,085
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
130 Law Library Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Specific Fund Reserves
142 DEA Seized Property Special Revenue Fund
Specific Fund Reserves
144 Waste Management Special Revenue Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Permits, Privilege Fees, and Regulatory Licenses
Revenue from the Commonwealth
Other Sources from the Commonwealth
Transfers from Other Funds
147 Federal Section 8 Program Special Revenue Fund
Revenue From Local Sources
Charges for Services
Miscellaneous Revenue
Revenue from the Federal Government
Specific Fund Reserves
Transfers from Other Funds
149 Sheriffs Department Special Revenue Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Miscellaneous Revenue
Revenue from the Commonwealth
Other Sources from the Commonwealth
Revenue from the Federal Government
Specific Fund Reserves
Transfers from Other Funds
Fund 130 Revenue Totals
FY 2012-13
Proposed
270,000
4,450
10,000
284.450
200,000
Fund 142 Revenue Totals 200,000
29,445,070
125,000
175,000
35,390
14,774,944
Fund 144 Revenue Totals 44,555,404
20,733
32,000
16,986,704
192,591
242,773
Fund 147 Revenue Totals 17,474,801
4,422,511
17,500
10,000
17,359,747
1,149,750
1,255,833
13,945,030
Fund 149 Revenue Totals 38,160,371
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
152 Tourism Investment Program Fund
Revenue From Local Sources
Amusement Tax
FY 2012-13
Cigarette Tax
Proposed
151 Parks and Recreation Special Revenue Fund
776,000
Revenue From Local Sources
593,277
Charges for Services
12,938,096
From the Use of Money and Property
1,477,888
Miscellaneous Revenue
2,500
Permits, Privilege Fees, and Regulatory Licenses
700
Real Estate
16,749,009
Revenue from the Commonwealth
Fund 152 Revenue Totals 36.033.386
Other Sources from the Commonwealth
26,000
Specific Fund Reserves
526,082
Transfers from Other Funds
5,476,918
Fund 151 Revenue Totals 37,197,193
152 Tourism Investment Program Fund
Revenue From Local Sources
Amusement Tax
5,800,563
Cigarette Tax
934,885
Fines and Forfeitures
776,000
From the Use of Money and Property
593,277
Hotel Room Tax
14,333,141
Permits, Privilege Fees, and Regulatory Licenses
90,000
Restaurant Meal Tax
10,604,887
Specific Fund Reserves
2,650,633
Transfers from Other Funds
250,000
Fund 152 Revenue Totals 36.033.386
157 Sandbridae Special Service District Spec Rev Fd
Revenue From Local Sources
201,970
From the Use of Money and Property
7,100
Hotel Room Tax
1,306,790
Real Estate
581,621
Specific Fund Reserves
631,522
Transfers from Other Funds
2,277,372
Fund 157 Revenue Totals 4,804,405
161 Agriculture Reserve Program Special Revenue Fund
Revenue From Local Sources
Real Estate 4,336,626
Fund 161 Revenue Totals 4,336,626
163 Tourism Advertisina Proaram Special Revenue Fund
Revenue From Local Sources
Charges for Services
201,970
From the Use of Money and Property
42,730
Hotel Room Tax
4,846,444
Miscellaneous Revenue
48,200
Restaurant Meal Tax
5,002,305
Fund 163 Revenue Totals 10,141,649
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
174 Town Center Special Service District
Revenue From Local Sources
From the Use of Money and Property 2,600
Real Estate 1,476,231
Specific Fund Reserves 318,094
Transfers from Other Funds 150,000
Fund 174 Revenue Totals 1,946,925
180 Communitv Development Special Revenue Fund
Revenue From Local Sources
Charges for Services
FY 2012-13
Revenue from the Federal Government
Proposed
166 Sandbridge Tax Increment Financing Fund
712,340
Revenue From Local Sources
Fund 180 Revenue Totals 2,187,757
From the Use of Money and Property
15,300
Real Estate
7,098,316
Fund 166 Revenue Totals
7,113,616
169 Central Business District -South TIF (Twn Cntr) Fd
125,000
Revenue From Local Sources
Fund 181 Revenue Totals 595,488
From the Use of Money and Property
3,000
Hotel Room Tax
500,000
Real Estate
4,976,213
Specific Fund Reserves
259,099
Fund 169 Revenue Totals
5,738,312
172 Open Space Special Revenue Fund
Revenue From Local Sources
From the Use of Money and Property
14,560
Restaurant Meal Tax
4,402,029
Specific Fund Reserves
549,316
Fund 172 Revenue Totals
4,965,905
174 Town Center Special Service District
Revenue From Local Sources
From the Use of Money and Property 2,600
Real Estate 1,476,231
Specific Fund Reserves 318,094
Transfers from Other Funds 150,000
Fund 174 Revenue Totals 1,946,925
180 Communitv Development Special Revenue Fund
Revenue From Local Sources
Charges for Services
70,000
Revenue from the Federal Government
1,405,417
Transfers from Other Funds
712,340
Fund 180 Revenue Totals 2,187,757
181 CD Loan and Grant Fund
Non -Revenue Receipts
100,000
Revenue from the Federal Government
370,488
Transfers from Other Funds
125,000
Fund 181 Revenue Totals 595,488
182 Federal Housing Assistance Grant Fund
Non -Revenue Receipts
70,000
Revenue from the Federal Government
829,400
Fund 182 Revenue Totals 899.400
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
241 Water and Sewer Fund
Non -Revenue Receipts
FY 2012-13
Revenue From Local Sources
Proposed
183 Grants Consolidated Fund
108,727,428
Revenue From Local Sources
559,447
Charges for Services
39,735
Revenue from the Commonwealth
1,017,733
Other Sources from the Commonwealth
2,953,917
Revenue from the Federal Government
1,498,154
Transfers from Other Funds
524,109
253 Parking Enterprise Fund
Fund 183 Revenue Totals 5,015,915
241 Water and Sewer Fund
Non -Revenue Receipts
2,665,095
Revenue From Local Sources
Charges for Services
108,727,428
From the Use of Money and Property
559,447
Miscellaneous Revenue
330,218
Revenue from the Federal Government
1,017,733
Specific Fund Reserves
1,088,296
Transfers from Other Funds
658,679
Fund 241 Revenue Totals 115,046,896
253 Parking Enterprise Fund
Revenue From Local Sources
Charges for Services
3,050,215
From the Use of Money and Property
22,500
Fund 253 Revenue Totals 3,072,715
255 Storm Water Utilitv Enterprise Fund
Revenue From Local Sources
Charges for Services
From the Use of Money and Property
Revenue from the Federal Government
Transfers from Other Funds
310 Old Donation Creek Area Dredging SSD
Revenue From Local Sources
Real Estate
540 General Government Capital Projects Fund
Transfers from Other Funds
541 Water and Sewer Capital Projects Fund
Transfers from Other Funds
555 Storm Water Capital Proiects Fund
Transfers from Other Funds
32,278,283
125,000
288,259
1,836,295
Fund 255 Revenue Totals 34,527,837
68,652
Fund 310 Revenue Totals 68,652
Fund 540 Revenue Totals
Fund 541 Revenue Totals
22,981,051
22.981.051
; sof M
N1"10
14,202,870
Fund 555 Revenue Totals 14,202,870
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
FY 2012-13
Proposed
604 Print Shop Internal Service Fund
Revenue From Local Sources
Charges for Services
2,332,268
From the Use of Money and Property
520
Fund 604 Revenue Totals
2,332,788
606 City Garage Internal Service Fund
Revenue From Local Sources
Charges for Services
10,616,769
Miscellaneous Revenue
30,000
Fund 606 Revenue Totals
10,646,769
607 Risk Management Internal Service Fund
Revenue From Local Sources
Charges for Services
11,026,818
From the Use of Money and Property
30,000
Miscellaneous Revenue
15,000
Fund 607 Revenue Totals
11,071,818
610 Capital Projects Internal Service Fund
Revenue From Local Sources
Charges for Services
725,817
Fund 610 Revenue Totals
725,817
613 School Landscaping Internal Service Fund
Revenue From Local Sources
Charges for Services
3,676,911
Fund 613 Revenue Totals
3,676,911
614 School Risk Management Fund
Revenue From Local Sources
Charges for Services
5,965,209
Miscellaneous Revenue
23,737
Specific Fund Reserves
5,500,000
Fund 614 Revenue Totals
11,488,946
615 City and School Health Insurance Fund
Revenue From Local Sources
Miscellaneous Revenue
115,181,957
Specific Fund Reserves
17,669,203
Fund 615 Revenue Totals
132,851,160
616 Fuels Internal Service Fund
Revenue From Local Sources
Charges for Services
6,876,428
Specific Fund Reserves
132,931
Fund 616 Revenue Totals
7,009,359
City of Virginia Beach, Virginia
Fiscal Year 2012-13 Budget Ordinance
Attachment B - Revenue
620 Telecommunications Internal Service Fund
Revenue From Local Sources
Charges for Services
621 Subscriptions Internal Service Fund
Revenue From Local Sources
Charges for Services
Specific Fund Reserves
908 City Beautification Fund
Revenue From Local Sources
Miscellaneous Revenue
909 Library Gift Fund
Revenue From Local Sources
Miscellaneous Revenue
910 Parking Meters - Homeless Donation Fund
Revenue From Local Sources
Miscellaneous Revenue
911 Parks and Recreation Gift Fund
Revenue From Local Sources
Miscellaneous Revenue
Total Budget Revenues
Less Internal Service Funds
Less Interfund Transfers
NET BUDGET REVENUES
Fund 620 Revenue Totals
FY 2012-13
Proposed
3,255,092
3,255,092
2,491, 901
1,112, 972
Fund 621 Revenue Totals 3,604,873
72,500
Fund 908 Revenue Totals 72,500
7,000
Fund 909 Revenue Totals 7,000
10,000
Fund 910 Revenue Totals 10,000
55,000
Fund 911 Revenue Totals 55,000
2,433,172,045
186.663.533
I AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL
2 YEAR 2013
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4
5 Sec. 1. Amount of Levy on Real Estate.
6 There shall be levied and collected for fiscal year 2013, taxes for general purposes on all real estate, including all
7 separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise provided
8 for in this ordinance, at the rate of eight; nise ninety-three cents`tom 0.93 on each one hundred dollars ($100) of
9 assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be applied on the basis
10 of one hundred percentum of the fair market value of such real property, except for public service real property, which shall
11 be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
12
13 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified
14 Storm Water Management Developments and Property," 'Certified Solar Energy Recycling Equipment, Facilities
15 or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion
16 Controls, and Certain Wetlands and Riparian Buffers.
17 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 of the
18 Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2013, taxes on all real estate (a)
19 certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the
20 Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as
21 provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified
22 Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental
23 Restoration Site," (e) improved to control erosion as defined by Code of Virginia § 58.1-3665, or (f) qualifying as wetlands
24 and riparian buffers as described by Code of Virginia § 58.1-3666, not exempt from taxation, at a rate of ^ighty„i:,e ninety
25 three cents ($8-89) 0.93 on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed
26 in this section shall be applied on the basis of one hundred percentum of fair market value of such real property except for
27 public service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
28
29 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District.
30 There shall be levied and collected for fiscal year 2013, taxes for the special purpose of providing beach and
31 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not
32 exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed value thereof. This
33 real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. For real property
34 that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption, Deferral or
35 Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code, this real estate tax rate shall
36 be applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax rate
37 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property
38 except for public service real property, which shall be on the basis as provided in Section S8.1-2604 of the Code of Virginia.
39
40 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District.
41 For the special purpose of operating and maintaining the parking garage and providing enhanced services for the
42 plaza and public spaces within the boundaries of the service district at the Town Center, as well as other additional services
43 authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2013, taxes on all real estate
44 within the Town Center Special Service District, not exempt from taxation, at the rate of forty-five cents ($0.45) on each one
45 hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set forth
46 in Section 1 of this ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter
47 35 of the City Code, or Exemption, Deferral or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35
48 of the City Code, this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth in Section
49 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of the
50 fair market value of such real property, except for public service real property, which shall be on the basis as provided in
51 Section 58.1-2604 of the Code of Virginia.
52
53 Sec. 5. Amount of Levy on "Energy -Efficient Buildings".
54 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, there
55 shall be levied and collected for general purposes for the fiscal year 2013, taxes on all real estate that has been classified as
56 an energy efficient building, not exempt from taxation, at a rate of seventy few seventy-eight cents ($0.74) 0.78 on each
57 one hundred dollars of assessed valuation thereof. The real property tax rate imposed in this section shall be applied on the
58 basis of one hundred percentum of fair market value of such real property except for public service property, which shall be
59 on the basis as provided in Section 58.1-2604 of the Code of Virginia.
60
61 Sec. 6. Amount of Lew on Properties Listed in the Virginia Landmarks Register.
62 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, there
63 shall be levied and collected for general purposes for the fiscal year 2013 taxes on buildings that are individually listed on
64 the Virginia Landmarks Register, not including the real estate or land on which the building is located, so long as the
65 building is maintained in a condition such that it retains the characteristics for which it was listed on the Virginia Landmarks
66 Register at a rate of forty-nine cents ($.049) on each one hundred dollars of assessed valuation thereof. The real property
67 tax rate imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real
68 property except for public service property, which shall be on the basis as provided by Section 58.1-2604 of the Code of
69 Virginia.
70
71 Sec 7 Amount of Lew on Real Estate Within the Old Donation Special Service District.
72 There shall be levied and collected for fiscal year 2013 taxes for the special purpose of providing neighborhood
73 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Old Donation Special Service
74 District not exempt from taxation at the rate of eighteen and four -tenths cents ($0.184) on each one hundred dollars
75 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1
76 of this ordinance This tax rate shall apply without reduction to any properties subject to ad valorem taxes including those
77 properties enrolled in the Exemption Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As set
78 forth in Code of Virginia section 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of
79 properties subject to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of
80 one hundred percentum (100%) of the fair market value of such real property except for public service real property, which
81 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
82
83 Sec. &8. Severability.
84 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not
85 affect the validity of the remaining portions of this ordinance.
86
87 Sec. :7,9.Effective Date.
88 The effective date of this ordinance shall be July 1, 2012.
89
90 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day of May, 2012.
91
92 Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Management Services City
AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL
PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR
2013
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
5
6 Sec. 1. Amount of Levy on the General Classification of Tangible Personal Property.
7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general
8 purposes for the calendar year 2013 on all tangible personal property, including all separate classifications of personal
9 property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the
10 rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof.
11
12 Sec. 2. Personal Property Tax Relief.
13 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not otherwise
14 exempted from taxation in this ordinance or by law, shall be subject to the following:
15 1 Any qualifying -vehicle with a total assessed value of $1,000 or less will be levied no tax.
16 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 34.9% 41% of
17 the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state under the
18 Personal Property Tax Relief Act equal to the remaining 66.0% 59% of the computed tax on the first $20,000 of assessed
19 value.
20 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 34.9%41% of the computed tax
21 based on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in excess of
22 $20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining
23 66.8-% 59% of the computed tax on the first $20,000 of assessed value.
24 4. Pursuant to authority conferred in Item 503.1) of the 2005 Virginia Appropriations Act, the City Treasurer is
25 authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due without regard to any
26 former entitlement to state relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a
27 qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such earlier date as
28 reimbursement with respect to such bill is no longer available from the Commonwealth, whichever earlier occurs. Penalties
29 and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed.
30 Interest shall be computed from the original due date of the tax.
31
32 Sec. 3. Amount of Levy on Certain Classifications of Tangible Personal Property
33 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general
34 purposes for the calendar year 2013 on the certain classifications of tangible personal property set forth below at the rate
35 of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof.
36 a. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (8);
37 b. computer equipment as described in Code of Virginia § 58.1-3506 (A) (11);
38 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution control
39 equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or devices and
40 certified recycling equipment, facilities or devices";
41 d. furniture, office, and maintenance equipment as described in Code of Virginia § 58.1-3506 (A) (24);
42 e. all tangible personal property employed in a trade or business other than described in subdivisions A 1
43 through A 18, except for subdivision A 17, of § 58.1-3503 as described in Code of Virginia § 58.1-3506 (A) (26);
44 f. programmable computer equipment and peripherals employed in a trade or business ad described in Code of
45 Virginia § 58.1-3506 (A) (27);
46 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 58-1-
47 3506 (A) (31);
48 h. forest harvesting and silvicultural activity as described in Code of Virginia § 58-1-3506 (A) (33);
49 i. equipment used primarily for research, development, production or provision of biotechnology as described in
50 Code of Virginia § 58-1-3506 (A) (34);
51 j. tangible personal property which is owned and operated by a service provider who is not a CMRS provider and
52 is not licensed by the FCC used to provide, for a fee, wireless broadband internet service as described in Code of Virginia §
53 58-1-3506 (A) (37).
54
55 Sec. 4. Amount of Levy on Manufactured Homes.
56 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all vehicles without
57 motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of
58 Virginia, at the rate of eighty n ^^ ninety-three cents { 89} 0.93 on each one hundred dollars ($100) of assessed
59 valuation thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10).
60
61 Sec. S. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only.
62 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all boats or watercraft
63 used for business purposes (both boats weighing less than five (5) tons and boats weighing five (5) tons or more), except as
64 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars
65 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections
66 58.1-3506 (A) (35) and (A) (36).
67
68 Sec. 6. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes.
69 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all boats or watercraft
70 not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or more, except as
71 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars
72 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections
73 58.1-3506 (A) (1) (a) and (A) (1) (b).
74
75 Sec. 7. Amount of Levy on Machinery and Tools.
76 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general
77 purposes for the calendar year 2013 taxes on machinery and tools, including machinery and tools used directly in the
78 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one millionth of
79 one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia §
80 58.1-3506 (B), the following personal property shall also be taxed at the rate of machinery and tools:
81 a. all tangible personal property used in research and development businesses, as described in Code of
82 Virginia § 58.1-3506 (A) (7);
83 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and
84 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to
85 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506
86 (A)(25).
87
88 Sec. 8. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only.
89 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all privately owned
90 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on
91 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal
92 property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29).
93
94 Sec. 9. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used for
95 Recreational Purposes Only, and Privately Owned Horse Trailers.
96 There shall be levied and collected for general purposes for the calendar year 2013 taxes at the rate of one dollar
97 and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all
98 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately
99 owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b)
100 privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the transportation of
101 horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of Virginia. Such property declared
102 a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30).
103
104 Sec. 10. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran.
105 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2013 at the rate of
106 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned
107 and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is
108 blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in
109 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the
110 rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to the
111 Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or
112 classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 (A) (19), and that his or
113 her disability is service connected. Such property declared a separate class of tangible personal property in Section 58.1-
114 3506 (A) (19).
115
116 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty -Five
117 Years of Age or Anyone Found to be Permanently and Totally Disabled.
118 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied and
119 collected for general purposes for calendar year 2013, at the rate of three dollars ($3.00) on each one hundred dollars
120 ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily by or for anyone at least
121 sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the
122 Code of Virginia, subject to the following conditions:
123 1. The total combined income received, excluding the first $7,500 of income, from all sources during
124 calendar year 2012 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000).
125 2. The owner's net financial worth, including the present value of all equitable interests, as of December
126 31 of calendar year 2012, excluding the value of the principal residence and the land, not exceeding one (1) acre, upon
127 which it is situated, shall not exceed seventy thousand dollars ($70,000).
128 3. All income and net worth limitations shall be computed by aggregating the income and assets, as the
129 case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle
130 who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle
131 may be titled.
132 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if
133 either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied.
134
135 Sec. 12. Assessed Value Determination.
136 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections
137 shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia
138 Beach.
139
140 Sec. 13. Severability.
141 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not
142 affect the validity of the remaining portions of this ordinance.
143
144 Sec. 14. Effective Date.
145 This ordinance shall be effective January 1, 2013.
146
147 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012.
148
149 Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
CityAt orney's is
I AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN
2 ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING
3 AND URBAN DEVELOPMENT
4 WHEREAS, the United States Congress has established legislation designated as the Housing and Community
5 Development Act of 1974 that sets forth the development of viable urban communities as a national goal;
6
7 WHEREAS, there is federal assistance available for the support of Community Development and Housing activities
8 directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income
9 neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock
10 and community services, along with other related activities; and
11
12 WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia Beach has
13 developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created
14 the necessary mechanisms for its implementation in compliance with federal and local directives.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
17
18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to
19 submit the City's FY 2012-13 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and
20 assurances contained therein and such additional information as may be required, to the Department of Housing and Urban
21 Development to permit the review, approval, and funding of the Plan.
22
23 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8`h day of May, 2012.
APPROVED AS TO CONTENT:
E")'
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
f��
Cit or y' ffice
1 AN ORDINANCE TO DECLARE $7,000,000 OF FUNDING WITHIN THE
2 SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS SURPLUS
3 FUNDS IN THE FY 2011-12 OPERATING BUDGET
4 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special Service
5 District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration and
6 management at Sandbridge;
7
8 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding is
9 adequate for long-term beach and shoreline restoration and management along Sandbridge;
10
11 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding to
12 meet long-term obligations for beach and shoreline restoration and management;
13
14 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the project;
15 and
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17 WHEREAS, $ 7,000,000 is available as an unencumbered appropriation in the FY 2011-12 Sandbridge TIF Reserve
18 for Future Commitments.
19
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
21
22 (1) That $ 7,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term
23 obligations for beach and shoreline restoration and management and is hereby declared surplus.
24
25 (2) That $ 7,000,000 is hereby transferred within the FY 2011-12 Operating Budget from the Sandbridge TIF to
26 the General Fund — Unappropriated Real Estate Tax Revenues.
27
28 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2012.
29
30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8`h day of May, 2012.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
t
iv,
f �^
,Management Services City ey's fice
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AN ORDINANCE TO COMPLETE THE CITY'S FINANCIAL OBLIGATIONS
ASSOCIATED WITH THE LYNNHAVEN MALL DEVELOPMENT
AGREEMENT AND DISSOLVE THE LYNNHAVEN MALL TAX INCREMENT
FINANCING FUND
WHEREAS, the City Council established the Lynnhaven Mall Tax Increment Financing Fund on June 9,
1998;
WHEREAS, the City entered into the Lynnhaven Mall Development Agreement ("Agreement") on June
29, 2000 with Knickerbocker Properties, Inc. III to enhance the retail and theater amenities for the City's residents
and visitors, while also addressing public parking, transit opportunities, and storm water management needs
within a Tax Increment Financing District;
WHEREAS, the parking lease component of the Development Agreement has a twenty year term, which
will continue after the City's financial obligations have been satisfied;
WHEREAS, the Agreement specifies the City's financial obligations and provides for a one percent (1%)
reduction for each fiscal year prior to FY 2013-14 the City meets its financial obligations; and
WHEREAS, sufficient fund balance is available in the Fund in addition to FY 2011-12 appropriations to
fulfill the City's obligations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. That $1,133,984 is hereby appropriated from the fund balance of the Fund to fulfill the City's
financial obligations under the Agreement.
2. That any remaining funds after the City fulfills its financial obligations under the Agreement shall
be declared to be surplus.
3. That any surplus funds in the Fund shall be transferred to the General Fund, wherein such funds
will lapse to the General Fund's fund balance at the end of the fiscal year.
4. That the Lynnhaven Mall Tax Increment Financing Fund shall be dissolved on June 30, 2012.
5. That this ordinance shall be effective on the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of May, 2012.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Management Services Cit r y's Office
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE SANITARY
SEWER SERVICE WATER TAP SIZES
SECTION ADDED: § 28-26.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding thereto a new
section 23-26.1 to read as follows:
Sec 28-26.1. Nonresidential Tap Sizing.
For nonresidential uses wherein an Omni type meter combines domestic and fire flow through a single meter, the
sewer charge provided by section 28-26 shall be based on a meter size a ual to the calculated domestic flow.
BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2012.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Ci ey Office
1 AN ORDINANCE TO AMEND CHAPTERS 8 AND 33 OF THE CITY CODE BY ADDING NEW
2 SECTIONS 8-37 AND 33-72, ESTABLISHING A TECHNOLOGY FEE IN THE AMOUNT OF
3 FIVE DOLLARS FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, FENCE, SIGN,
4 RIGHT-OF-WAY AND CERTAIN OTHER PERMITS
5 Sections Added: City Code Sections 8-37 and 33-72
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
8
9 That Chapter 8 of the City Code is hereby amended by the addition of a new City Code Section 8-37, establishing a
10 technology fee in the amount of $5.00 for building and certain other permits required by Sections 8-31, 8-31.1, 8-32, 8-33,
11 8-34, and Chapter 33 is hereby amended by the addition of a new City Code Section 33-72, establishing a technology fee in
12 the amount of $5.00 for right-of-way permits required by City Code Section 33-51, to read as follows:
13
14 CHAPTER 8. BUILDINGS AND BUILDING REGULATIONS
15
16 ....
17
18 ARTICLE II. VIRGINIA UNIFORM STATEWIDE BUILDING CODE.
19
20 DIVISION 1. GENERALLY
21
22 ....
23
24 Sec. 8-31. - Permit fees—Building permits.
25
26 (a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish any building or structure
27 as defined in the Virginia Uniform Statewide Building Code without first obtaining a building permit therefor and paying the
28 permit fees set forth in this section.
29
30 (b) The minimum fee for any building permit shall be thirty dollars ($30.00).
31
32 (c) For the construction of any building or addition thereto where the floor area is increased and for the
33 installation or erection of any industrialized building unit, the fee shall be based on the floor area to be constructed, as
34 computed from exterior building dimensions at each floor, as follows:
35
36 (1) Residential—living area—Thirty dollars ($30.00) plus seven dollars ($7.00) for each one hundred
37 (100) square feet or fraction thereof.
38
39 (2) Residential—nonheated building area (residential accessory buildings and structures)—Thirty
40 dollars ($30.00) plus four dollars ($4.00) for each one hundred (100) square feet or fraction
41 thereof.
42
43 (3) Businesses/mercantile—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each
44 one hundred (100) square feet or fraction thereof.
45
46 (4) Institutional— building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one
47 hundred (100) square feet or fraction thereof.
48
49 (5) Assembly, churches, and government buildings—building area—Thirty dollars ($30.00) plus eight
50 dollars ($8.00) for each one hundred (100) square feet or fraction thereof.
(6) Storage—building area—Thirty dollars ($30.00) plus four dollars ($4.00) for each one hundred
(100) square feet or fraction thereof.
(7) Hazardous storage or occupancy—building area—Thirty dollars ($30.00) plus eight dollars ($8.00)
for each one hundred (100) square feet or fraction thereof.
(8) Industrial—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred
(100) square feet or fraction thereof.
(9) Farm buildings—building area—Thirty dollars ($30.00) plus three dollars ($3.00) for each one
hundred (100) square feet or fraction thereof. Farm buildings and structures shall be subject to
the requirements of this section; provided, however, that farm buildings and structures not used
for residential purposes shall not be subject to the technical requirements of the Virginia
Uniform Statewide Building Code.
(10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial interior finish,
miscellaneous structures and structures located in a Chesapeake Bay Preservation Area or a
Southern Watersheds Area for which a permit fee is not otherwise prescribed by this section,
including, but not limited to, patios and driveways—value of construction—Thirty dollars
($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value of
construction or fraction thereof.
(11) Moving of buildings or structures: For the moving of any building or structure into, out of,
through or within the city, the fee shall be calculated in accordance with subsection (c)(1).
(12) Demolitions: For the demolition of any building or structure, the fee shall be fifty dollars
($50.00).
(13) Signs:
a. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of
signs shall be based on the total surface area of all sign faces, and shall be as follows:
1. Single -face signs:
4-32 square feet .....$46.00
33-75 square feet .....69.00
76-150 square feet .....115.00
2. Double -face signs:
4-32 square feet .....$92.00
33-75 square feet .....115.00
76-150 square feet .....138.00
b. The fee for a permit for the repair of a billboard shall be in accordance with subsection
(c)(10).
C. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of
temporary signs shall be in an amount equal to one-half of the fee chargeable for
permanent signs of like size.
103 (14) Administrative fee: If any construction, alteration, repair, or other work requiring a permit under
104 this article is commenced before a permit is secured and fee paid for same, an administrative fee
105 of one hundred fifty dollars ($150.00) shall be added to the fee due. Payment of such
106 administrative fee shall not in any way relieve the violator of any criminal prosecution.
107
108 (15) Tents: Tents and other temporary structures permit fee shall be Thirty dollars ($30.00).
109
110 (16) Reinspection fee: There shall be a minimum of fifty dollars ($50.00) additional fee charged for
111 each reinspection.
112
113 (16.1) DFU pre -inspection fee: There shall be a fifty dollar ($50.00) fee for pre -inspections for DFU
114 disconnections.
115
116 (17) Appeal: The fee for submitting an appeal to the board of building code appeals shall be one
117 hundred dollars ($100.00). Such fee shall be paid by the appellant.
118
119 (18) Change of use/certificate of occupancy for existing structure(s):
120
121 a. The minimum fee for the inspection of any new construction or existing structure
122 requested by the permit holder shall be fifty dollars ($50.00) for each inspection.
123
124 b. The minimum fee associated with a change of use or request for
certificate of
y-
125 occupancy for an existing structure or structures on the same property shall be seventy -
126 five dollars ($75.00).
127
128 (19) Application for septic tank soil evaluation: The fee shall be fifty dollars ($50.00) paid at the time
129 of application. If the application is approved, the septic tank permit shall be issued with no
130 additional fee.
131
132 (20) There shall also be a review fee in the amount of one hundred dollars ($100.00) for review of
133 commercial plans.
134
135 COMMENT
136
137 This section is shown for references purposes only; no substantive changes are made.
138
139 Sec. 8-31.1. - Fences and walls.
140
141 (a) A permit shall be required for the construction, reconstruction, replacement or relocation of any fence or
142 wall located within thirty (30) feet of a public right-of-way, except fences or walls used principally for agricultural or
143 horticultural purposes in an AG Agricultural Zoning District. Any such fence or wall located upon more than one (1) lot shall
144 require a separate permit for each such lot, except lots under common ownership.
145
146 (b) The fee for permits required by this section shall be thirty dollars ($30.00).
147
148 COMMENT
149
150 This section is shown for references purposes only; no substantive changes are made.
151
152 Sec. 8-32. - Same—Plumbing permits.
153
154 (a) The fee for a permit for plumbing work, as required by the building code, shall be thirty dollars ($30.00)
155 and, in addition thereto, the following:
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(1) Each plumbing fixture, floor drain or tap: Six dollars ($6.00).
(2) Each house sewer connection: Thirty dollars ($30.00).
(3) Each house water connection: Thirty dollars ($30.00).
(4) On-site sanitary sewer collector lines: one building—thirty dollars ($30.00), two (2) or more
buildings—fifty dollars ($50.00) for each building.
(5) On-site potable water distribution lines: one building—thirty dollars ($30.00), two (2) or more
buildings—fifty dollars ($50.00) for each building.
(6) Public utilities ultra low flush toilet program: thirty dollars ($30.00) for the first three (3) toilets
plus five dollars ($5.00) for each toilet over three (3).
(b) The fees prescribed in this section shall be in addition to the sewer and water connection fees and
charges provided for in chapters 28 and 37 of this Code.
(c) On any plumbing work commenced before a plumbing permit has been issued and the requisite fee paid
therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of
such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts.
COMMENT
This section is shown for references purposes only; no substantive changes are made.
Sec. 8-33. - Same—Mechanical, life safety, elevator and gas permits.
(a) The minimum fee for the installation or replacement of mechanical/life safety systems or equipment shall
be thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value or fraction thereof.
(b) The minimum fee for the installation of gas outlets for a gas piping system shall be thirty dollars ($30.00)
plus four dollars ($4.00) for each outlet.
(c) The minimum fee for the relocation of a gas meter shall be thirty dollars ($30.00).
(d) For annual inspections of elevators and escalators, the fees shall be as follows:
(1) Annual safety test and inspection:
a. Tractor/cable elevator—$100.00.
b. Hydraulic elevator—$100.00.
C. Freight elevators—$100.00.
d. Escalator—$100.00.
(2) Five-year full rate load safety test and inspection:
a. Tractor/cable elevators—$100.00.
208 (e) On any mechanical, life safety, elevator or gas work commenced before a mechanical permit has been
209 issued and the requisite fee paid therefore, and administrative fee of one hundred fifty dollars ($150.00) per unit shall be
210 added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as
211 may be imposed by the courts.
212
213 COMMENT
214
215 This section is shown for references purposes only; no substantive changes are made.
216
217 Sec. 8-34. - Same—Electrical permits.
218
219 (a) The fee for a permit for electrical work, as required by the building code, shall be as specified in this
220 section.
221
222 (b) There shall be charged a minimum fee of thirty dollars ($30.00) for each permit issued.
223
224 (c) For a permit issued for a temporary service, such as a trailer, house meter or meter loop added to an
225 existing service, the fee shall be thirty dollars ($30.00).
226
227 (d) For a permit for any special condition, such as and including temporary electrical release for construction
228 purposes, buildings moved, swimming pools, carnivals, services relocated but not increased and the like, the fee shall be a
229 minimum of fifty dollars ($50.00). The fee for a permit for prefabricated buildings for out -of -city use shall be thirty dollars
230 ($30.00).
231
232 (e) For a permit issued for original construction, the following fees include all equipment outlets only if
233 specifically listed on the application and installed by the permit holder before the final inspection, such fees being based on
234 the maximum current carrying capacity of each set or subset of service conductors installed, to the nearest fifty (50)
235 amperes:
236
237 (1) Single-phase: Thirty dollars ($30.00) plus twenty dollars ($20.00) for each fifty (50) amperes.
238
239 (2) Three-phase: Eighty dollars ($80.00) for the first fifty (50) amperes plus twenty dollars ($20.00)
240 for each additional fifty (50) amperes.
241
242 When services are increased or phases added, the fee shall be one-half the rate above, plus the added equipment fee. For
243 fee purposes, the service -panel nameplate amperage rating shall be used.
244
245 (f) For each piece of equipment connected and for each circuit or feeder installed, extended, relocated or
246 repaired, the fee shall be thirty dollars ($30.00) plus five dollars ($5.00) per circuit.
247
248 (g) On any electrical work commenced before an electrical permit has been issued and the requisite fee paid
249 therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of
250 such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts.
251
252 COMMENT
253
254 This section is shown for references purposes only; no substantive changes are made.
255
256 Sec. 8-37. Technology fee.
257
258 In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00)
259 for permits issued pursuant to Sections 8-31 8-31.1, 8-32 8-33 8-34 Such fee shall be for the following purposes:
260
261 (a) To improve community access to general information about cases applications permits and inspections
262 by providing online user-friendly search and viewing tools;
263
264 (b) To facilitate communications with property owners consultants and contractors through use of on-line
265 checklist and activity tracking that automatically emails notifications and updates regarding permit status and other
266 information not previously available on-line;
267
268 (c) To increase transparency and accountability in business operations by providing users the ability to track
269 all transactions online;
270
271 (d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on
272 demand; and
273
274 (e) To improve and expand electronic document storage management and retrieval by including scanned
275 images as part of the on-line permit record.
276
277 COMMENT
278
279 The section establishes a new "technology fee" in the amount of $5.00 for permits issued under the City Code
280 sections listed in the ordinance and sets forth the purposes of the fee. The use of the technology for which the fee is
281 established will significantly upgrade the permitting process, thereby facilitating its use by property owners and other
282 users of the system and allowing for greater efficiency in keeping permit records.
283
284 CHAPTER 33. STREETS AND SIDEWALKS
285
286 ....
287
288 ARTICLE 11. WORK ON, OVER, UNDER OR AFFECTING STREETS
289
290 ....
291
292 Division 2. Permit Generally
293
294 Sec. 33-51. General requirement.
295
296 Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection
297 with the erection, construction, removal, relocation or maintenance of any structure, drainage system, surface, overhead or
298 underground installation or to cut, trim or spray trees or to place signs, if such work, cutting, trimming, spraying or placing
299 is on, under or over a street or affects a street, until such person has obtained a permit therefor in accordance with the
300 provisions of this division.
301
302 COMMENT
303
304 This section is shown for references purposes only; no substantive changes are made.
305
306 ....
307
308 Division 3. Permit, Inspection and guarantee fees.
309
310 Sec. 33-71. - Schedule.
311
312 (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be required or
313 not required in accordance with the following schedule:
314
315
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320
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322
323
324
325
326
327
328
329
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332
333
334
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336
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340
(b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars
($84.00) shall be required.
COMMENT
This section is shown for references purposes only; no substantive changes are made.
Sec. 8-72. Technology fee.
In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00)
for permits issued pursuant to Section 33-51. Such fee shall be for the following purposes:
(a) To improve community access to general information about cases, applications, permits and inspections
by providing online, user-friendly search and viewing tools;
(b) To facilitate communications with property owners, consultants and contractors through use of on-line
checklist and activity tracking that automatically emails notifications and updates regarding permit status and other
information not previously available on-line;
(c) To increase transparency and accountability in business operations by providing users the ability to track
all transactions online;
(d) To enhance performance and revenue reporting by providing the ability to produce od hoc reports on
demand; and
Type of Project
Permit Fee
Inspection Fee
Minimum Guarantee Fee
(1)
One (1) permit for work
$100.00
Based on 1.5% the total cost of
Deposit in accordance
of a continuing nature
construction as provided in the
with estimated cost
engineer's cost estimate, excluding
water, sewer and street light costs,
with a $50.00 minimum.
(2)
Logging road, tram road
$100.00
$50.00
Deposit in accordance
and other temporary
with estimated cost
entrances
(3)
Cutting, trimming or
$100.00
$50.00
$25.00
spraying trees or shrubs
(4)
Blanket permit
$500.00
$0.00
$0.00
(5)
Single- or two-family
$35.00
$0.00
$0.00
driveway aprons
(6)
Single permit
$100.00
$0.00
$0.00
(7)
All other work
$100.00
Based on 1.5% of the total cost of
Deposit in accordance
construction as provided in the
with estimated cost.
engineer's cost estimate, excluding
street light costs, with a $50.00
minimum; provided, however, that
water and sewer fees shall be based
on 10% of the construction cost up to
$7,500.00 plus 1.5% of the
construction cost in excess of
$7,500.00, with a $50.00 minimum.
(b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars
($84.00) shall be required.
COMMENT
This section is shown for references purposes only; no substantive changes are made.
Sec. 8-72. Technology fee.
In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00)
for permits issued pursuant to Section 33-51. Such fee shall be for the following purposes:
(a) To improve community access to general information about cases, applications, permits and inspections
by providing online, user-friendly search and viewing tools;
(b) To facilitate communications with property owners, consultants and contractors through use of on-line
checklist and activity tracking that automatically emails notifications and updates regarding permit status and other
information not previously available on-line;
(c) To increase transparency and accountability in business operations by providing users the ability to track
all transactions online;
(d) To enhance performance and revenue reporting by providing the ability to produce od hoc reports on
demand; and
341 (e) To improve and expand electronic document storage management and retrieval by including scanned
342 images as part of the on-line permit record.
343
344 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH:
345
346 That this ordinance shall take effect on July 1, 2012.
347
348 COMMENT
349
350 The section establishes a new technology fee in the amount of $5.00 for permits issued under City Code
351 Section 33-51 (pertaining to permits for work on, under, over or affecting public rights-of-way) and sets forth the
352 purposes of the fee. The use of the technology for which the fee is established will significantly upgrade the permitting
353 process, thereby facilitating its use by property owners and other users of the system and allowing for greater efficiency
354 in keeping permit records.
355
356 Adopted by the City Council of the City of Virginia Beach, Virginia on the 8`h day of May, 2012.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
-Ct y rn s ffice
MIA�BFA
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: City Manager Proposal on the FY 2012-13 Capital Improvement Program
Related Ordinances
MEETING DATE: May 8, 2012
■ Background: On March 27, 2012, the City of Virginia Beach FY 2012-13
Proposed Resource Management Plan, which includes the Capital Improvement
Program, was presented to City Council. The City held a budget open house April 5th to
provide information to citizens about the proposed budget. City Council held budget
workshops on April 3th, 10th, 17th, 24th, and May 1St to discuss the Capital Improvement
Program. City Council held public hearings on April 18th, 24th, and May 81h to provide
the public the opportunity to comment on the proposed Resource Management Plan.
Considerations: After discussions at the May 1, 2012 Reconciliation Workshop, the
majority of City Council agreed to adopt the City Manager's Proposed Resource
Management Plan as presented.
The following ordinances are provided for the Council's consideration and approval to
implement the FY 2012-13 Capital Improvement Program.
An Ordinance to Adopt the FY 2013/FY 2018 Capital Improvement Program
and to Appropriate $265,334,627 for the FY 2013 Capital Budget Subject to
Funds Being Provided from Various Sources Set Forth Herein
2. An Ordinance Authorizing the Issuance of General Obligation Public
Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum
Amount of $67,700,000 for Various Public Facilities and General
Improvements
3. An Ordinance Authorizing the Issuance of Water and Sewer System Revenue
Bonds of the City Of Virginia Beach, Virginia, in the Maximum Amount of
$27,000,000
4. An Ordinance to Realign Revenues of the Roadways Capital Improvements
Projects from Various Sources Set Forth Herein
■ Public Information: Three public hearings and one Open House have been
held concerning the Capital Improvement Program. Information on these ordinances
was disseminated to the public through the publication of the Proposed Capital
Improvement Program documents which were available for public review at the
Libraries and on the City's web site. In addition, the ordinances are advertised through
the normal Council agenda process, including the advertisement of the City Council
agenda. In accordance with the City Charter and State law, there was a series of public
notices in the Beacon, which appeared on April 1St, 8th, and 15th and in the Hampton
Roads Section of the Virginian -Pilot on April 29tH
■ Attachments: FY 2012-13 Capital Improvement Program Ordinances
Submitting Department/Agency: Department of Management Services
City Manager:
1 AN ORDINANCE TO ADOPT THE FY 2013/FY 2018 CAPITAL
2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $265,334,627 FOR
3 THE FY 2013 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED
4 FROM VARIOUS SOURCES SET FORTH HEREIN
5 WHEREAS, the City Manager, on March 27, 2012, presented to City Council the Capital Improvement Program for
6 fiscal years 2013 through 2018;
7
8 WHEREAS, City Council held public hearings on the program to provide for public comment;
9
10 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital
11 Improvement Program; and
12
13 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2013 fiscal
14 year, as set forth in said Capital Improvement Program.
15
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
17
18 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capital
19 facilities identified for fiscal years 2013 through 2018 is hereby adopted, and the projects listed therein are hereby
20 approved as capital projects.
21
22 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until
23 funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any
24 manner at any time by City Council.
25
26 Section 3. That funds in the amounts aggregating $265,334,627 for capital projects in the Capital Budget for the
27 2013 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the
28 conditions set forth herein. The -amount of funding for individual projects is set forth in "Attachment A — Capital Budget
29 Appropriations," a copy of which is attached hereto.
30
31 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget
32 for the 2013 fiscal year as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B —
33 Financing Sources."
34
35 Section S. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said
36 Capital Improvement Program and reallocated as identified in "Attachment C — Transfers," a copy of which is attached
37 hereto.
38
39 Section 6. That reductions in financing sources in support of the Capital Budget for the 2013 fiscal year as set forth in
40 said Capital Improvement Program are attached to this ordinance as "Attachment D — Changes in Financing Sources."
41
42 Section 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be
43 initiated except with the consent and approval of the City Council first being obtained. An appropriation for a project in the
44 Capital Improvement Program shall continue in force, and, to the extent required by law, re-appropriated for use in FY
45 2012-13 until the purpose for which it was made has been accomplished or abandoned.
46
47 Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects,
48 must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract.
49
50 Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the
51 Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000
52 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City
53 Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is
54 hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices,
55 reporting requirements and the Capital Improvement Program adopted by the City Council.
56
57 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer
58 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects"
59 mean water and sewer projects having the same name or project scope and description with the exception of "water" or
60 "sewer" being in the title and/or project scope and description.
61
62 Section 11. That the City Manager or the Director of Management Services is hereby authorized to change, subject
63 to any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects
64 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or
65 realized revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of
66 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue,
67 those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of
68 any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of
69 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a
70 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds.
71
72 Multi SepAee „ .
73ja� '
74
75 QP #4 004LOpen Spaee Site Acquisitien, „.
76 '
heFeby
77
78
79 Section 12 43. That the Capital Improvement Program debt management policies contained and included in the
80 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report
81 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those
82 guidelines, such information to be included in the Resource Management Plan submittal. The City Manager may propose
83 modifications to those policies and guidelines through the Resource Management Plan.
84
85 Section 13 44. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real
86 property necessary for the project is authorized by means of voluntary negotiation with willing sellers.
87
88 Section 14 35. That violation of this ordinance shall result in the City Manager taking disciplinary action against the
89 person or persons responsible for the capital project in which the violation occurred.
90
91 Section 15 46. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such
92 decision shall not affect the validity of the remaining portions of this ordinance.
93
94 Section 16 47. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY
95 2013 Capital Budget shall be effective on July 1, 2012.
96
97 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day of May, 2012.
98
99 Requires an affirmative vote of the majority of City Council.
APPROVED AS TO CONTENT:
9 • i 0. R, 4 a
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
qCityo s ice
Project
Number Projects
Buildings - CRO
Heritage Building - Maintenance Program
VA Aquarium Bldg Systems & Facility Infrastructure - Ph I
Virginia Aquarium Renewal and Replacement - Phase II
3103000
3146000
3278000
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Appropriations
FY 2012-13
53,850
3,200,000
lann nnn
Total Buildings - CRO Projects 3,553,850
Buildings - FYO
3510000 Intermediate Care Facilities Renewal/Replacement-Phase 1 389,086
Total Buildings - FYO Projects 389,086
Buildings - QELL
3262000 TCC Expansion/Operation Smile Headquarters 801,500
Total Buildings - QELL Projects 801,500
Buildings - QPE
3136000 Various Buildings HVAC Rehabilitation & Renewal -Phase III 1,104,962
3137000 Various Buildings Rehabilitation and Renewal - Phase III 534,113
3139000 Various Site Acquisitions - Phase II 1,274,081
Total Buildings - QPE Projects 2,913,156
Buildings - SC
3133000 Fire Training Center Improvements - Phase III
3371000 Fire Apparatus - Phase II
3506000 Fire Facility Rehabilitation and Renewal - Phase III
Coastal
8002000
Beach Profile Monitoring Program
8004000
Various Minor Dredging Projects
8014000
Lynnhaven Inlet Maintenance Dredging
8282000
Sandbridge Beach Restoration
8405000
Sandbridge Beach Access Improvements - Phase II
8406000
Rudee Inlet Federal Dredging - Phase II
8407000
Rudee Inlet Outer Channel Maintenance Dredging -Phase II
8500000
Old Donation Creek Area Dredging
400,000
1,501,547
4 '21R 74n
Total Buildings - SC Projects 3,218,257
50,000
176,336
200,000
4,529,405
275,000
550,000
450,000
GQ ar')
Total Coastal Projects 6,299,393
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Communications and IT - SC
3095000 CIT - Police - Integrated Public Safety Record Management System 3,792,588
3142000 CIT - Communications Infrastructure Replacement - Phase II 11,750,000
3619000 CIT - ALI Database Management & Selective Routing 1,645,176
Total Communications and IT - SC Projects 17,187,764
Economic and Tourism Dev - EV
9058000
Rudee Inlet Connector Walk
Appropriations
Project
Oceana & Interfacility Traffic Area Conformity & Acquisition
2012-13
Number
ProjectsFY
100,000
9081000
Communications and IT - QO
1,250,000
3068000
CIT - IT Network Infrastructure Replacement - Phase II
300,000
3119000
CIT - Cable Access Infrastructure Replacement Phase 1
322,000
3637000
CIT - Disaster Recovery - Critical Service Analysis -Phase III
436,150
3638000
CIT - Application Portfolio Sustainment
350,000
3646000
CIT - eGIS Base Map Updates (Partial Funding)
336,579
3648000
CIT - Bi -Weekly and Lag Payroll Implementation
1,854,144
3652000
CIT - Telecommunications Replacement - Phase II
350,000
9505000
Total Communications and IT - QO Projects
3,948,873
Communications and IT - SC
3095000 CIT - Police - Integrated Public Safety Record Management System 3,792,588
3142000 CIT - Communications Infrastructure Replacement - Phase II 11,750,000
3619000 CIT - ALI Database Management & Selective Routing 1,645,176
Total Communications and IT - SC Projects 17,187,764
Economic and Tourism Dev - EV
9058000
Rudee Inlet Connector Walk
700,000
9060000
Oceana & Interfacility Traffic Area Conformity & Acquisition
15,000,000
9069000
19th Street Corridor Improvements
100,000
9081000
Strategic Growth Area Projects
1,250,000
9082000
Oceanfront Parking Facilities Capital Maintenance
300,000
9083000
Town Center Garage and Plaza Capital Maintenance
283,564
9085000
SGA - Burton Station Road Improvements - Phase II
2,600,000
9091000
SGA - Burton Station Road Improvements - Phase III
6,750,000
9141000
Economic Development Investment Program (On -Going)
2,243,725
9500000
Virginia Beach Amphitheater Capital Maintenance
200,000
9504000
Newtown Strategic Growth Area
750,000
9505000
Pembroke Strategic Growth Area
750,000
9506000
Rosemont Strategic Growth Area
750,000
Total Economic and Tourism Dev - EV Projects
31,677,289
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Appropriations
Project
FY 2012-13
Number
Projects
Parks and Recreation
4064000
City Bikeways & Trails Plan Implementation - Phase II
475,000
4080000
Sportsplex Field Hockey National Trng Ctr Rep/Reno Ph 1
391,316
4300000
Community Recreation Ctrs Repairs & Renovations - Ph III
1,976,542
4301000
Parks & Special Use Facilities Develop. & Reno. - Phase III
1,114,682
4302000
Golf Courses Contractual Obligations for Maintenance
120,000
4303000
Greenways, Scenic Waterways & Natural Areas - Phase 111
125,000
4305000
Tennis Court Renovations - Phase III
125,000
4306000
Open Space Park Development and Maintenance - Phase II
1,500,000
4307000
Athletic Fields Lighting & Renovations - Phase III
150,000
4308000
Open Space Program Site Acquisition - Phase III
500,000
4309000
Mount Trashmore Signature Park Renovations - Phase II
250,000
4500000
Park Playground Renovations - Phase III
500,000
4502000
Lynnhaven Boat Ramp & Beach Facility Repairs/Reno - Ph 1
49,527
4505000
Modernization of Bow Creek Recreation Center
17,418,934
4517000
Stumpy Lake Golf Course Lease Obligations - Ph 1
96,265
4518000
Pleasure House Point Acquisition
6,000,000
Total Parks and Recreation Projects
30,792,266
Project
Number
2021000
2025000
2031000
2048000
2107000
2117000
2145000
2152000
2160000
2161000
2165000
2168000
2176000
2177000
2256000
2263000
2268000
2300000
2409000
2410000
2418000
2837000
1001000
1099000
1103000
1104000
1105000
1106000
1109000
1232000
1233000
Proiects
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Roadways
Rural Road Improvements
Witchduck Road - Phase II
Street Reconstruction
Princess Anne Rd./Kempsville Rd. Inter. Impr.
Seaboard Road
Shore Drive Corridor Improvements - Phase III
Wesleyan Drive
Elbow Road Extended - Ph. II
City Wide Street Lighting Improvements - Phase II
Traffic Signal Retiming
Laskin Road - Phase II
Lesner Bridge Replacement
Transportation Network Analysis
Proactive Safety Improvement Program
Indian River Rd - Ph. VII
Major Bridge Rehabilitation
Wetlands Mitigation Banking
Traffic Safety Improvements - Phase III
Centerville Turnpike Interim Improvements
Traffic Signal Rehabilitation - Phase II
Indian River Rd/Kempsville Rd Intersection Improvements
Various Cost Participation Projects
Schools
Renovations and Replacements - Energy Management
Renovations and Replacements - Grounds - Phase II
Renovations and Replacements - HVAC Systems - Phase II
Renovations and Replacements - Reroofing - Phase II
Renovations and Replacements - Various - Phase II
Kellam High School Replacement
Energy Performance Contracts (Schools)
Tennis Court Renovations
Consolidated Old Donation Ctr/Kemps Landing Magnet Rep
Total Roadways Projects
Appropriations
FY 2012-13
1,000,000
10,143,000
2,150, 000
537,016
4,584,267
3,289,247
800,450
5,293,958
60,000
599,800
560,000
30, 000, 000
100,000
75,000
561,000
660,000
50,000
2,675,837
6,376,097
100,000
3,295,000
25,000
72,935,672
500,000
750,000
2,500,000
2,675,000
500,000
22,196,000
2,500,000
320,000
5,450,000
Total Schools Projects 37,391,000
Project
Number
6041000
6057000
6061000
6070000
6085000
6089000
6090000
6092000
6093000
6106000
6146000
6151000
6403000
6404000
6405000
6501000
6552000
6555000
6557000
6564000
6567000
6604000
6804000
6952000
6953000
6973000
Proiects
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Sewer Utility
Pump Station Modifications - Phase V
Holland Road - Phase VI Sewer Improvements (VDOT)
Utilities Emergency Response Program - Phase II
Infiltration, Inflow and Rehabilitation - Phase V
Sanitary Sewer Asset Management Program - Phase II
Comprehensive Sewer Master Planning - Phase IV
Clean Water Act Compliance Studies Phase I
Vacuum Valve Monitoring System
Consent Order Rehabilitation Plan Implementation Prg Ph I
Various Roadway/Storm Water Coordination - Phase V
Sewer Requests & Agreements - Phase V (51% Program)
Landstown Yard Improvements - Phase IV
Service Order Automation Solution Design
Computerized Mapping & Infrastructure Mgmt - Phase II
Customer Information System Version Migration
Auxiliary Power Program -Sewer Pump Stations -Phase III
Sanitary Sewer System Revitalization Program - Phase II
Utility Crossings Condition Assessment Program - Phase II
SGA Sanitary Sewer System Improvements
Relocation of Sewer Cleanouts - North Landing Rd
Sewer Pump Station Backflow Prevention Modifications
Witchduck Rd - Phase II Sewer Improvements
Sanitary Sewer Regulatory Compliance Program - Phase I
Sewer Pump Station Flow Monitoring & Data Storage -Ph I
Sewer Tap Installation Program - Phase II
Sanitary Sewer Capacity Program - Phase I
Appropriations
FY 2012-13
2,746,000
100,000
200,000
3,300,000
900,000
500,000
200,000
180,000
1,600,000
620,000
50,000
865,000
50,000
170,000
150,000
1,598,000
4,000,000
50,000
400,000
225,000
680,000
50,000
3,600,000
2,970,000
300,000
500,000
Total Sewer Utility Projects 26,004,000
Project
Number Projects
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Storm Water
7016000
South Lake Holly Watershed
7027000
SWM Master Planning, Analysis, and Inventory
7038000
Thoroughgood Drainage - Interim
7067000
Primary System Infrastructure Improvements
7091000
Residential Drainage Cost Participation Program
7151000
Cape Henry Beach Drainage
7153000
Lynnhaven Watershed Restoration
7159000
Water Quality Participation Projects
7400000
Aragona Drainage Improvements
7406000
Elizabeth River TMDL Implementation Plan
7410000
Southern River TMDL Implementation Plan
7411000
Oceanfront Storm Water Facilities Maintenance
7412000
Storm Water Pump Station Modifications
7413000
Neighborhood SW Infrastructure Improvements -Ph. II
7414000
Storm Water Quality Enhancements - Phase II
7415000
Lake Management - Phase II
7416000
SW Infrastructure Rehabilitation & Improvements -Phase II
Appropriations
FY 2012-13
775,000
550,000
175,000
770,000
73,651
885,000
300,000
100,000
600,000
200,000
200,000
177,000
442,500
1,002,890
1,181,078
2,941,280
3.853.122
Total Storm Water Projects 14,226,521
City of Virginia Beach, Virginia
Attachment A — Capital Budget Appropriations
Appropriations
Project
FY 2012-13
Number
Projects
Water Utility
5011000
Beach Garden Park - Kilborne Ct & Holly Rd Improvements
50,000
5024000
Holland Road - Phase VI Water Improvements (VDOT)
250,000
5028000
Witchduck Rd - Phase II Water Improvements
167,000
5030000
Shore Drive Water Line Improvements - PH ill
50,000
5046000
Utilities Emergency Response Program - Phase ii
200,000
5084000
System Expansion Cost Participation Agreements - Phase II
130,000
5086000
Comprehensive Water Master Planning - Phase V
200,000
5089000
Various Roadway/Storm Water Coordination - Phase V
800,000
5090000
Lynnhaven Pkwy - Phase XI Water Improvements (VDOT)
570,000
5091000
Water Request & Agreements (51 % Program) - Phase V
50,000
5151000
Landstown Yard Improvements - Phase IV
1,214,000
5250000
Potable Wells Evaluation Program - Phase III
275,000
5252000
Water Quality Program - Phase IV
100,000
5260000
Utility Crossings Condition Assessment - Phase II
50,000
5403000
Service Order Automation Solution Design
50,000
5404000
Computerized Mapping & Infrastructure Mgmt - Phase ii
170,000
5405000
Customer Information System Version Migration
150,000
5501000
Water Transmission System Upgrade Pgm-Phase 1
6,090,000
5804000
Water Line Extension, Replacement & Rehab Pgm-Phase 1
900,000
5805000
Water Utility Asset Management Program - Phase I
900,000
5806000
Backflow Prevention & Cross -Connection Control Pgm-Ph II
1,000,000
5952000
Water Pump Station Flow Monitoring and Data Storage
180,000
5953000
Water Tap Installation Program - Phase II
150,000
5967000
Water Resources Investigation & Planning - Phase 1
300,000
Total Water Utility Projects 13,996,000
Total Capital Budget 265,334,627
City of Virginia Beach, Virginia
Attachment B — Financing Sources
Total Capital Budget 265,334,627
Capital Budget
FY 2012-13
Financing Sources
3,996,450
Federal Contribution
322,000
Franchise Fees
18,202,054
Fund Balance - General Fund
6,200,000
Fund Balance - Other
22,681,051
General Appropriations
62,447,450
General Obligation Bonds
196,344
Lease of Property
5,727,934
Lease -Purchase
389,086
Medicaid Cost Settlement
300,000
Parking Enterprise Fund
25,151
Private Contribution
37,857,702
Public Facility Bonds
3,850
Rental Income
350,000
Retained Earnings - Telecommunications
Retained Earnings - Water and Sewer Fund
5,000,000
400,000
Sale of Property
52,032,685
State Contribution
14,202,870
Storm Water Utility Fund
27,000,000
Water and Sewer Bonds
8,000,000
8
Water and Sewer Fund
Total Capital Budget 265,334,627
Attachment C - Transfers
Appropriations
Prior to
FY 2012-13
Project #
Cultural and Recreational Opportunities
Parks and Recreation Proiects
Transfer To:
4308000 Open Space Program Site Acquisition - Phase III $ 5,092,029
4300000 Community Recreation Centers Repairs & Renovations- Phase III 9,460,571
4306000 Open Space Park Development & Maintenance- Phase II 2,370,611
4505000 Modernization of Bow Creek Recreation Center 929,969
Total Transfer To: $ 17,853,180
Transfer From:
4004000 Open Space Program Site Acquisition - Phase 1 $
3,159,029
4070000
Open Space Program Site Acquisition - Phase II
1,933,000
4013000
Community Recreation Centers Repairs & Renovations - Phase II
9,300,000
4034000
Recreation Centers Roof Maintenance & Replacement - Ongoing
160,571
4055000
Open Space Park Development & Maintenance - Phase 1
2,370,611
4051000
Stumpy Lake Golf Course Infrastructure Improvements
929,969
Total Transfer From: $
17,853,180
Economic Vitality
Economic and Tourism Development Projects
Transfer To:
9336000 Spot Blight Abatement
Transfer From:
9199000 Conference/Convention Facility Renovation (On -Going)
58,978
Total Transfer To: $ 58,978
58,978
Total Transfer From: $ 58,978
Quality Physical Environment
Roadways
Transfer To:
2117000 Shore Drive Corridor Improvements - Phase III (Partial)
2412000 Cleveland Street/Clearfield Avenue Improvements
2167000 Lynnhaven Parkway - Phase XI
2107000 Seaboard Road
2158000 Holland Road - Phase VI
2418000 Indian River Rd/Kempsville Rd Intersection Improvements
Transfer From:
2731000 Shore Drive Interim Safety Improvements
2115000 Shore Drive - Intersections Demonstration Project
2401000 Greenwich Road Crossover
2257000 Lynnhaven Parkway/Volvo Parkway Intersection
2121000 Nimmo Parkway - Phase V-A (VDOT)
2190000 Congestion Relief and Safety Improvements
$ 2,385,795
825,000
2,826,712
913,000
2,398,784
2,980,000
Total Transfer To: $ 12,329,291
$ 250,000
299,073
825,000
575,217
7,400,001
2,980,000
Total Transfer From: $ 12,329,291
Attachment C - Transfers
Appropriations
Prior to
Project #
FY 2012-13
Storm Water
Transfer To:
7400000 Aragona Drainage Improvements $ 910,000
7151000 Cape Henry Beach Drainage 950,000
7038000 Thoroughgood Drainage - Interim 200,000
7024000 Southern Canal/Lead Ditch and Culvert Improvements 500,000
7416000 Storm Water Infrastructure Rehabilitation and Improvements - Phase II 1,000,000
7415000 Lake Management - Phase II 450,000
7067000 Primary System Infrastructure Improvements 970,893
Total Transfer To: 4,980,893
Transfer From:
7145000
Arctic Avenue - Baltic Avenue
7033000
Rosemont Forest Drainage Improvements
7902000
North Beach Drainage
7404000
Aragona Neighborhood Infrastructure Rehabilitation
7405000
Brigadoon Lakes Maintenance Dredging
Fixed Assets of the Storm Water Capital Projects Fund
Water and Sewer Utility Proiects
Transfer To:
5252000 Water Quality Program - Phase IV
5084000 System Expansion Cost Participation Agreements - Phase II
5501000 Water Transmission System Upgrade Program - Phase 1
5260000 Utility Crossing Condition Assessment - Phase II
6148000 System Expansion Cost Participation Agreements - Phase II
6555000 Utility Crossing Condition Assessment - Phase II
6041000 Pump Station Modifications - Phase V
Transfer From:
Fixed Assets (Various Closed -Out Projects)
5001000 Comprehensive Emergency Response & Planning - Phase 1
5007000 Customer Information System Replacement
5013000 Water SCADA System Upgrade
5087000 Bayway Road Water Improvements -51%
5130000 Lynnhaven Parkway Extended
5131000 Tank Upgrade Program - Phase II
5164000 IVR/CTI, Bill Prnt, Auto Payment Solution Design
5166000 Automated Mobile Water Reading System - Phase 1
5167000 Tank Upgrade Program - Phase III
5207000 Laskin Road - Phase 1
5255000 Automated Mobile Water Reading System - Phase II
5400000 Fire Hydrant Program - Phase III
5401000 Records Management Improvements
60,000
1,500,000
1,000,000
1,000,000
450,000
970,893
Total Transfer From: 4,980,893
$ 100,000
224,729
179,605
343,518
700,000
334,211
1,336,048
Total Transfer To: $ 3,218,111
$ 805,663
46,106
13,502
22,432
5,500
111,382
153,948
9,235
81,452
25,657
7,198
500,000
68,332
3,965
Attachment C - Transfers
Various Business Areas
Transfer To:
3095000 Police Integrated Public Safety RMS
8933000 Landfill #2 Expansion
Transfer From:
Fixed Assets (Various Closed -Out Projects)
2161000 Traffic Signal Retiming
2076000 Laskin Road Gateway
2091000 Nimmo Parkways Phases II and III
3043000 CIT -In Vehicle Mapping
3083000 CIT -System Center Configuration Management
3086000 CIT -EMS Handheld Field Reporting
3209000 CIT -Enterprise Electronic Records Management System
3346000 CIT -Automatic Vehicle Locator System
$ 1,074,819
1,383,709
Total Transfer To: $ 2,458,528
$ 682,681
599,800
100,000
1,228
107,545
27,802
83,260
288,385
567,827
Total Transfer From: $ 2,458,528
Appropriations
Prior to
FY 2012-13
Project #
1,300
5600000
29TH Street Water Tank Replacement
600,000
5602000
Princess Anne Rd/Kempsville Rd Intersection Improvements
5802000
Utility Crossing Condition Assessment
343,518
9,667
6028000
Comprehensive Emergency Response & Planning - Phase I
6033000
Infiltration, Inflow, and Rehabilitation - Phase 1
11,067
6038000
Sewer SCADA System Upgrade
1 ,500
5,975
6139000
Bayway Road Sewer Improvements -51%
6169000
IVR/CTI, Bill Prnt, Auto Payment Solution Design
9,235
39,266
6451000
Eigineering Services - Various Projects
334,211
6802000
Utility Crossing Condition Assessment
Total Transfer From:
$ 3,218,111
Various Business Areas
Transfer To:
3095000 Police Integrated Public Safety RMS
8933000 Landfill #2 Expansion
Transfer From:
Fixed Assets (Various Closed -Out Projects)
2161000 Traffic Signal Retiming
2076000 Laskin Road Gateway
2091000 Nimmo Parkways Phases II and III
3043000 CIT -In Vehicle Mapping
3083000 CIT -System Center Configuration Management
3086000 CIT -EMS Handheld Field Reporting
3209000 CIT -Enterprise Electronic Records Management System
3346000 CIT -Automatic Vehicle Locator System
$ 1,074,819
1,383,709
Total Transfer To: $ 2,458,528
$ 682,681
599,800
100,000
1,228
107,545
27,802
83,260
288,385
567,827
Total Transfer From: $ 2,458,528
Attachment D - Reductions in Non -City Funding
Amount of
Reduction in
Appropriations
Prior to Funding
Project #
FY 2012-13 Source
Economic Vitality
9336000 Spot Blight Abatement $ 153,278 Sale of Property
Total Reduction: $ 153,278
Quality Physical Environment
3503000 Lighthouse Multi -Service Center
3503000 Lighthouse Multi -Service Center
7153000 Lynnhaven Watershed Restoration
7159000 Water Quality Participation Projects
8933000 Landfill #2 Expansion
Total Reduction: $ 3,361,364
$ 1,016,000
Federal Funding
900,000
Private Contributions
46,654
State Contribution
15,001
State Contribution
1,383,709
Southeastern Public Service Authority
I AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF
4 $67,700,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL
5 IMPROVEMENTS
6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general
7 obligation public improvement bonds for various purposes in the maximum amount of $67,700,000, as permitted by the City
8 Charter, without submitting the question of their issuance to the qualified voters.
9
10 WHEREAS, City Council held public hearings on the program to provide for public comment;
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIN
13
14 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various
he public welfare of the City and its inhabitants
15 public facilities and make general improvements, all of which will promote t
16 and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through
17 the borrowing of up to $67,700,000 and issuing the City's general obligation bonds therefor.
18
19 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be
20 issued general obligation public improvement bonds of the City in the maximum amount of $67,700,000, to provide funds,
21 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal,
22 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following:
23 preliminary studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site
24 acquisition, relocation of residents, utility relocation, construction, renovation, expansion, repair, demolition, site
25 improvement, site work, legal services, inspection and support services, furniture and equipment, and contingencies.
26
27 3. That the bonds may be issued as a separate issue at one time or in part from time to time or combine
mbined issues of public improvement bonds.
28 with bonds authorized for other purposes and sold as part of one or more co
29
30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from
in such manner and be sold at such time or times
31 their dates, bear interest, be in such denominations and form, be executed
32 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
33remium, if an
34 5. That the bonds shall be general obligations of the City for the payment of the principal, p Y,
35 and interest on which its full faith and credit shall be irrevocably pledged.
36
37 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection y
38 the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date
39 of the issuance of the Bonds.
40
41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file
42 a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
43
44 8. That this ordinance shall be in full force and effective from its passage.
45
46 Adopted by the Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
47
48 Adoption requires the affirmative vote of two-thirds of all members of the City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Cit ey's Office
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM
2 REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
3 AMOUNT OF $27,000,000
4 WHEREAS, the City of Virginia Beach, Virginia (the "City'), desires to authorize the issuance of water and sewer system
5 revenue bonds in the maximum amount of $27,000,000 for financing improvements and expansions to the City's water and sewer
6 system (the "System"), as permitted by the City Charter without submitting the question of their issuance to the qualified voters.
7
8 WHEREAS, City Council held public hearings on the program to provide for public comment;
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
11
12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving an
13 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth,
14 development, and general welfare of the City, and to finance the costs thereof through the borrowing of $27,000,000 and issuing
15 the City's revenue bonds therefore.
16
17 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water
18 and sewer system revenue bonds of the City in the maximum amount of $27,000,000 to provide funds, together with other
19 available funds, for financing the costs of improvements and expansions to the System.
20
21 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates,
22 bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such
23 manner as the Council may hereafter provide by appropriate resolution or resolutions.
24
25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations
26 of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System,
27 and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or
28 constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any country, city, town,
29 or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the
30 covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter
31 shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the
32 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged
33 to the payment of the principal of and premium, if any, and interest on the bonds.
34
35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the
36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such
37 rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time
38 and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on
39 the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also
40 include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and
41 sewer revenue obligations.
42
43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general
44 public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of
45 the bonds.
46
47 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified
48 copy of this ordinance with the Circuit Court of the City of Virginia Beach.
49
50 8. That this ordinance shall be in full force and effect from its passage.
51
52 Adopted by the Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
53
54 Adoption requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Cit ffice
�!
1 AN ORDINANCE TO REALIGN REVENUES OF THE ROADWAYS CAPITAL
2 IMPROVEMENTS PROJECTS FROM VARIOUS SOURCES SET FORTH
3 HEREIN
4 WHEREAS, the City establishes funding sources for Roadways capital project based on initial estimates of State,
5 Federal and local sources provided by the Virginia Department of Transportation (VDOT);
6
7 WHEREAS, VDOT finalizes funding allocations in any given year after the proposed Capital Budget is finalized for
8 presentation to City Council;
9
10 WHEREAS, VDOT also adjusts revenue sources and local funding responsibility throughout the duration of a given
11 project;
12
13 WHEREAS, VDOT also adjusts the funding resources based on changes in scope, bids received, and availability of
14 annual funding; and
15
16 WHEREAS, this ordinance does not increase aggregate appropriations to date; and
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
19
20 1. That the following projects have $1,399,038 in local funding available as the projects are nearing final completion;
21 appropriations can be reduced and local revenue is necessary to provide local funding as set forth in paragraphs 6-8
22 below: $327,184
a. 2-067 Sandbridge Road Safety Improvements
b. 2-073 Buckner Boulevard Extended 9,708
c. 2-074 I-264 Great Neck Ramps 396,312
d. 2-076 Laskin Road Gateway 9,625
e. 2-091 Nimmo Parkway Phases III and IV 18,704
f. 2-137 Great Neck Road IV/London Bridge Road III 419,502
g•
2-285 Traffic Safety Improvements 218,003
23
24 2. That the following projects have $3,336,344 in local funding available due to favorable bids or changes in local
25 funding requirements by VDOT; appropriations can be reduced and local revenue is necessary to provide local
26 funding as set forth in paragraphs 6-8 below:
h. 2-121 Nimmo Parkway Phase V-A (VDOT) 2,078,329
i. 2-145 Wesleyan Drive 373,277
j. 2-305 Princess Anne Road — Phase IV 884,738
27
28 3. That the following projects have State funding reduced and Federal funding increased in equal amounts:
29 a. That Project 2-025 — Witchduck Road is hereby decreased by $623,100 in estimated State revenue and
30 increased by $623,100 in estimated federal revenue.
31 b. That Project 2-145 — Wesleyan Drive is hereby reduced by $7,552,910 in State revenue and increased by
32 $7,552,910 in Federal revenue.
33 C. That Project 2-152 — Elbow Road Extended — Phase II is hereby reduced by $3,644,000 in State revenue and
34 increased by $3,644,000 in Federal revenue.
35 d. That Project 2-165 — Laskin Road — Phase II is hereby reduced by $404,000 in State revenue and increased by
36 $404,000 in Federal revenue.
37
38 4. That the following projects have Federal funding reduced and State funding increased in equal amounts:
39 a. That Project 2-089 — Southeastern Parkway and Greenbelt is hereby reduced by $378,011 in Federal
40 revenue and increased by $378,011 in State funding.
41 b. That Project 2-177 — Proactive Safety Improvement Program is hereby reduced by $101,000 in Federal
42 revenue and increased by $101,000 in State revenue.
43
44 5. That Project 2-065 — Elbow Road Extended — Phase II -A is hereby reduced by $17,131 in estimated State revenue and
45 total appropriations in this project are reduced by $17,131.
46
47 6. That Project 2-039 — Computerized Traffic Signal System Upgrade and Replacement is hereby reduced by
48 $17,102,240 in estimated State revenue, increased by $10,840,370 in Federal revenue, increased by $1,314,307
49 supported by an appropriation of Interest on Bank Deposits, $1,399,038 in local revenue from the projects above,
50 and the appropriation reduced by $3,548,525.
51
52 7. That Project 2-048 — Princess Anne Road/Kempsville Road Intersection Improvements is hereby reduced by
53 $38,688,855 in State revenue, increased by $37,054,000 in Federal revenue and $1,634,855 in local revenue.
S4
55 8. That Project 2-178 — Highway Safety Improvement Program is hereby reduced by $2,662,569 in Federal revenue,
56 increased by $67,095 in State revenue, increased by $1,701,489 in local revenue, and the appropriation reduced by
57 $893,985.
58
59 9. That this ordinance shall be in effect from the date of its adoption.
60
61 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012.
62
63 Requires an affirmative vote of the majority of City Council.
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
City-. e Office
SKU EF .�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Sections 16-12.2, 16-12.4 and 16-12.9 of the City Code
Pertaining to Enforcement of Residential Rental Inspection Districts
MEETING DATE: May 8, 2012
■ Background: The Code Enforcement Division (CED) of the Department of
Housing and Neighborhood Preservation (DHNP) is responsible for conducting rental
inspections on residential rental dwellings located within the city's rental inspection
districts and for enforcing applicable code sections. There has been an issue about the
ability of the Department to enforce the Ordinance, mainly because of a typographical
error in the ordinance. To clarify this issue, three amendments have been proposed.
■ Considerations: To clarify the provisions of the Ordinance and provide more
uniform enforcement, these amendments will:
1. Define terms that apply to the ordinance;
2. Add a specific section that states a Certificate of Compliance is required; and
3. Correct an error with an improperly cited code section.
■ Public Information: Public information will be coordinated through the regular
Council agenda notification process.
■ Recommendations: Approval of the attached ordinance to provide clarification
on enforcement.
■ Attachments: Ordinance
Recommended Action: Approval
n
Submitting Department/Agency: Depait of Housing and Neighborhood
Preservation
City Manager:
1
2
3
4
5
6
7
8
9
10
11
AN ORDINANCE TO AMEND SECTION 16-
12.2, 16-12.4 AND 16-12.9 OF THE CITY
CODE PERTAINING TO ENFORCEMENT OF
RESIDENTIAL RENTAL INSPECTION
DISTRICTS
Sections Amended: §§ 16-12.2, 16-12.4 & 16-
12.9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
That Sections 16-12.2, 16-12.4 and 16-12.9 of the Code of the City of Virginia
Beach, Virginia, are hereby amended and reordained to read as follows:
ARTICLE I. - IN GENERAL
Sec. 16-12.2. - Applicability.
(a) The provisions of this article shall apply to residential rental dwelling units
located within the districts designated by the city council pursuant to section 16-12.1(a)
and to such other individual residential rental dwelling units as the city council may
designate pursuant to section 16-12.1(b).
The following definitions shall apply to the sections regarding residential
rental dwelling units and certificates:
Dwelling unit is a building or structure or part thereof that is used for a
home or residence by one or more persons who maintain a household.
Owner is the person shown on the current real estate assessment books
or current real estate assessment records.
(3) Residential rental dwelling unit is a dwelling unit that is leased or rented to
one or more tenants. However, a dwelling unit occupied in part by the
owner thereof shall not be construed to be a residential rental dwelling unit
unless a tenant occupies a part of the dwelling unit which has its own
cooking and sleeping areas and a bathroom.
COMMENT
The addition of these definitions from Virginia Code Section 36-105.1:1 will add further
clarification to the ordinance.
45
46 Sec. 16-12.3. - Notification.
47
48 (a) After the designation of a rental inspection district or the designation of an
49 individual residential rental dwelling unit, the code enforcement administrator shall make
50 reasonable efforts to notify all owners of residential rental dwelling units located within
51 the designated rental inspection districts and to the owners of individual residential
52 rental dwelling units so designated, or their managing agents, of the adoption of the
53 designation ordinance. Such notification shall also include information concerning, and
54 an explanation of, the provisions of this article and the responsibilities of the owner
55 pursuant to such provisions. No initial inspection of any residential rental dwelling unit
56 shall be conducted until written notice of such inspection has been provided to the
57 owner of such unit. The mailing of said notice by the code enforcement administrator
58 shall be deemed sufficient notice for purposes of authorizing initial inspections pursuant
59 to this article
60
61 (b) The owner of any residential rental dwelling unit located within an
62 inspection district shall, no later than sixty (60) days after the date of adoption of the
63 ordinance, notify the code enforcement administrator in writing of any property that is
64 used as a residential rental dwelling unit. Such notice and information shall be
65 submitted on a form provided by the code enforcement administrator. Any owner who
66 willfully fails to comply with the requirements of this subsection after having been given
67 notice pursuant to subsection (a) hereof shall be subject to a civil penalty in the amount
68 of fifty dollars ($50.00). Such civil penalty shall be in lieu of all other penalties.
69
70 COMMENT
71
72 There are no substantive changes to this section. It is included for reference only.
73
74 Sec. 16-12.4. - Inspection and certificate required.
75
76 (a) Initial inspection. The code enforcement administrator may, in conjunction
77 with written notification pursuant to section 16-12.3, inspect the dwelling units in the
78 designated rental inspection districts to determine whether the units are used as
79 residential rental property and whether such units are in compliance with the provisions
80 of the Uniform Statewide Building Code that affect the safe, decent and sanitary living
81 conditions for the tenants of such property.
82
83 (b) Periodic inspections. Following the initial inspection of a residential rental
84 dwelling unit, the code enforcement administrator may inspect any residential rental
85 dwelling unit in a rental inspection district that is not otherwise exempted a maximum of
86 once per calendar year.
87
88 (c) Follow-up inspections Upon the initial or periodic inspection of a
89 residential rental dwelling unit, the code enforcement administrator may require the
90 owner of the dwelling unit to submit to such follow-up inspections of the dwelling unit as
91 the code enforcement administrator deems necessary, until such time as the dwelling
92 unit is brought into compliance with the provisions of the Uniform Statewide Building
93 Code that affect the safe, decent and sanitary living conditions for the tenants.
94
95 (d) Certificate. All residential rental dwelling units located within the
96 residential rental districts established by City Council shall be required to obtain a
97 certificate indicating that the residential rental dwelling unit is in compliance with the
98 requirements of this ordinance and the Uniform Statewide Building Code.
99
100 COMMENT
101
102 The addition of paragraph (d) adds clarification that a certificate is required for all residential
103 rental properties in the district.
104
105 ....
106
107 Sec. 16-12.9. - Violation; penalty.
108
109 Except as provided in section 16 12.4 16-12.3, any person failing to comply with
110 the requirements of this article shall be subject to the penalties established in section
111 16-11, provided, however, that the code enforcement administrator may take such
112 further and additional action as is allowed by law in order to obtain compliance with the
113 requirements of this article.
114
115 COMMENT
116
117 This amendment corrects a typo that should have read section 16-12.3 where the penalty for
118 noncompliance with registering rental properties is a $50 fine. The violation for not getting a
119 certificate should be found in section 16-11.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2012.
APPROVED AS TO CONTENT:
f n
Hou 4 i �anidlt4e"ig h b—o rh ood
CA12213
R-3
March 26, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
L
i
City Attorney's Office
. s
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 23-58 of the City Code Pertaining to
Commercial Parking Lots
MEETING DATE: May 8, 2012
■ Background: Section 23-58(f)(6) of the City Code requires commercial parking
lots to maintain at least one parking lot attendant on the premises during all hours of
operation, and for one-half hour after closing or until the last vehicle has exited the lot.
The purpose of this code section is to have an attendant on site to address behavioral
issues in commercial parking lots, and to ensure vehicles exit the commercial parking
lots prior to closing and locking the lots.
■ Considerations: The Resort Advisory Commission ("RAC') voted unanimiously
to revise Section 23-58 (f)(6) to require parking lot attendants in commercial parking lots
only from dusk until one-half hour after closing, or until the last vehicle has exited the
lot. The RAC believes that the majority of behavioral issues occur during the evening
hours. The RAC further believes that the elimination of commercial parking lot
attendants during the daylight hours poses minimal safety concerns. This code change
would allow commercial parking lot operators to utilize automated control systems
during the daytime hours.
IN Public Information: Additional public information will be handled through the
normal agenda process.
■ Recommendations: Adopt Ordinance
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Strategic Growth Area Office o
City Manager:Q" �_ `
1 AN ORDINANCE TO AMEND SECTION 23-58
2 OF THE CITY CODE PERTAINING TO
3 COMMERCIAL PARKING LOTS
4
5 SECTION AMENDED: § 23-58
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 23-58 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 23-58. - Commercial parking lots.
14 (a) For purposes of this section, the term "commercial parking lot" means any lot,
15 or portion thereof, used for the parking of motor vehicles for a fee or other
16 consideration, but not including parking garages or similar structures. The provisions of
17 this section shall apply to all commercial parking lots located in any Resort Tourist
18 Zoning District.
19 (b) It shall be unlawful and a misdemeanor punishable by a fine of not less than
20 one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for any
21 person, firm, corporation or other entity to operate a commercial parking lot in violation
22 of any of the provisions of this section. Each day that a violation continues shall
23 constitute a separate offense. In addition to any fine imposed hereunder, and not in lieu
24 thereof, the continuing violation of any of the provisions of this section may be enjoined
25 or restrained by injunction.
26 (c) Application for a permit required by this section shall be made to the city
27 manager or his designee. Each application shall set forth the name and address of the
28 applicant and, if different, the name and address of the owner of the property upon
29 which the proposed commercial parking lot is to be located, and shall be accompanied
30 by:
31 (1) A nonrefundable fee of one hundred dollars ($100.00);
32 (2) An approved site plan prepared in accordance with the Site Plan Ordinance
33 and showing all elements required by this section; and
34 (3) A sign plan showing the design, size, color and materials of all signs to be
35 located on the lot.
36 (d) Upon approval of an application, the permittee shall be issued a self-adhesive
37 sticker which shall serve as the permit and shall be affixed to one (1) of the entrance
38 signs required by subsection (i) of this section.
39 (e) It shall be a condition of every permit issued hereunder that the city or its
40 agents shall have the authority to enter upon the commercial parking lot and perform
41 any acts required to bring the property into compliance with the provisions of this
42 section in the event the owner or operator, after being given notice of, and a reasonable
43 opportunity to correct, any condition of noncompliance shall fail to do so.
44 (f) Commercial parking lots shall at all times, whether or not they are in operation:
45 (1) Have a paved surface, inclusive of all drive aisles, which meets the
46 requirements of the Specifications and Standards of the Department of Public
47 Works and the Site Plan Ordinance; provided, that any commercial parking lot in
48 operation as of July 1, 2002 shall not be required to provide curbing so long as
49 wheel stops composed of concrete or asphalt are provided and maintained in good
50 condition and repair at all times;
51 (2) Contain perimeter landscaping meeting the requirements of section 5A of the
52 Parking Lot Landscaping Specifications and Standards where adjacent to any
53 public right-of-way or other publicly -owned property. The perimeter may also be
54 enclosed by fencing meeting the requirements for fences set forth in section 201(e)
55 of the City Zoning Ordinance; provided, however, that such fencing shall not
56 exceed four (4) feet in height and shall consist of materials, such as black vinyl -
57 coated chain link, white vinyl picket or black wrought iron, which are generally
58 recognized within the industry as maintenance -free. Wood split -rail fences shall not
59 be permitted. Such fencing and landscaping shall at all times be maintained in
60 good condition and repair;
61 (3) Where such lot is greater than twenty-four thousand (24,000) square feet in
62 area, contain additional landscaping, which may consist of city -approved plant
63 containers, located at the end of all parking aisles not adjacent to a public right -of -
64 way or other publicly -owned property and which shall be maintained in good
65 condition and repair at all times;
66 (4) Be secured at all points of ingress and egress by a gate, consisting of
67 materials, such as black vinyl -coated chain link, white vinyl picket or black wrought
68 iron, which are generally recognized within the industry as maintenance -free,
69 except during hours of operation;
70 (5) Contain no less than one (1) trash receptacle, plainly visible and marked as
71 such, for every three thousand five hundred (3,500) square feet of lot area or
72 fraction thereof;
73 (6) Have upon the premises, &Fing all hGUF6 of ope and f9F from dusk until
74 one-half hour after closing or until the last vehicle has exited the lot, whichever is
75 earlier, at least one (1) attendant. If any type of shelter is provided for attendants,
76 such shelter shall at all times be maintained in good condition and repair;
77 (7) Be maintained in a clean and orderly condition at all times. All trash
78 receptacles shall be emptied and the contents thereof properly disposed of at the
79 close of operation daily and at such other times as receptacles become full; and
80 (8) Be in compliance with all other applicable requirements of federal, state and
81 local law including, without limitation, the handicapped parking space requirements
82 of the Americans With Disabilities Act.
83 (g) Notwithstanding the provisions of any other ordinance or regulation,
84 commercial parking lots shall have one (1) sign, not exceeding nine (9) square feet in
85 surface area per face, at each principal entrance. Each entrance sign shall contain the
86 name of the establishment, if any, and times of operation and shall otherwise comply
87 with all applicable city sign regulations and specifications for public signs in the Resort
88 Area. Entrance signs may contain removable numbers for purposes of displaying rates.
89 The square footage of such entrance signs shall not be counted against the maximum
90 square footage allowed for commercial signs under the City Zoning Ordinance.
91 (h) Commercial parking lots shall be subject to inspection by the city manager or
92 his designee for purposes of determining compliance with the provisions of this section,
93 and no person shall obstruct or interfere with such personnel as are authorized by the
94 city manager to enforce this section in the lawful discharge of their duties.
95 (i) During the period from April 1 to September 30, inclusive, except where a
96 commercial parking lot is accessory to a business which remains open after 2:00 a.m.,
97 is used solely by patrons of such business, and is supervised by the operator of such
98 business, no vehicle shall be permitted to enter any commercial parking lot after 2:00
99 a.m.. All such lots shall be secured at all points of ingress and egress, as required by
100 subdivision (3) of subsection (f) hereof, by no later than 2:30 a.m. and shall remain
101 closed until no earlier than 5:00 a.m.
102 (j) The provisions of this section shall be deemed to be severable, and if any of
103 the provisions hereof are adjudged to be invalid or unenforceable, the remainder of this
104 section shall remain in full force and effect and its validity shall remain unimpaired.
105 (k) The city manager or his designee is authorized, upon application by the owner
106 of a commercial parking lot, to grant a variance from the provisions of this section when:
107 (1) Strict application of the provisions of this section will effectively prohibit or
108 unreasonably restrict the use of the property. For purposes of this section, it shall
109 be presumed that the loss of ten (10) percent or more of existing parking spaces
110 meeting the dimensional requirements of section 203 of the City Zoning Ordinance
111 by reason of the application of the landscaping requirements set forth in subsection
112 (f)(2) of this section shall constitute an unreasonable restriction upon the use of the
113 property; or
114 (2) The granting of such variance will alleviate a clearly demonstrable hardship
115 approaching confiscation, as distinguished from a special privilege.
116 In granting a variance, the city manager or his designee may impose such conditions as
117 may be necessary in the public interest; provided, however, that the city manager or his
118 designee shall not grant a variance from any condition or requirement of a conditional
119 use permit granted by the city council.
120
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2012.
APPROVED AS TO CONTENT
Strategic Growth Area Office
CA12245
R-1
April 2, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
i� ssS
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $184,652 (Property of Barry D.
Knight and Paula W. Knight)
MEETING DATE: May 8, 2012
■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained
by the City. The appraiser has determined the fair market value of the property, based
upon twelve (12) comparable sales. From the fair market value, the value of the
development rights has been determined by subtracting $1,800 per acre, which has
previously been established as the farm value (i.e., value of the land restricted to
agricultural uses) for land throughout the southern rural area of the City. The resulting
amount is the value of the development rights of the property.
All offers by the City to purchase the development rights to property are
expressly made contingent upon the absence of any title defects or other conditions
which, in the opinion of the City Attorney, may adversely affect the City, s interests, and
other standard contingencies.
■ Considerations: The subject property consists of three (3) parcels of land
having approximately 27.79 acres outside of marshland or swampland. It is owned by
Barry D. Knight and Paula W. Knight. Under current development regulations, there is a
total development potential of two (2) single-family dwelling building sites, none (0) of
which will be reserved for future development as a 3 acre building site. Property owners
are no longer required to designate the location of the area reserved for future building
sites, but are required to subdivide such sites prior to building on them. The site, which
is shown on the attached Location Map, is located on the north side of Head of River
Road, in the District of Princess Anne. The Knights established a twenty (20) foot wide
ingress, egress, utility and maintenance easement ("ingress/egress easement") from
Head of River Road to their property lying in Chesapeake. The ingress/egress
easement encompasses approximately 0.23 acres outside of marshland or swampland.
The purchase price reflects the reduction in value for the ingress/egress easement.
2
The proposed purchase price for the remaining 27.56 acres, as stated in the
ordinance, is $184,652. This price is the equivalent of approximately $6,700 per acre of
easement acquired.
The terms of the proposed acquisition are that the City would pay interest only for
a period of 25 years, with the principal amount being due and payable 25 years from the
date of closing. The interest rate to be paid by the City will be the greater of 2.0500%
per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement, not to exceed 5.0500% without the further approval of the City Council.
The proposed terms and conditions of the purchase of the Development Rights
pursuant to the Installment Purchase Agreement, including the purchase price and
manner of payment, are fair and reasonable and in furtherance of the purposes of the
Ordinance.
■ Public Information: The ordinance has been advertised by publication in a
newspaper having general circulation in the City once per week for two successive
weeks.
■ Alternatives: The City Council may decline to purchase the development rights
to the property.
■ Recommendations: Adoption of the ordinance and acquisition of the
development rights, assuming all contingencies are met.
■ Attachments: Ordinance; Summary of Material Terms of Installment Purchase
Agreement (full Agreement is on file in the City Attorney, s Office); area map showing
location of property.
Recommended Action: Adoption
Submitting Department/Agency: Agriculture Department
City Manager: k ,
1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
2 AGRICULTURAL LAND PRESERVATION EASEMENT AND
3 THE ISSUANCE BY THE CITY OF ITS CONTRACT
4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
5 $184,652. (PROPERTY OF BARRY D. KNIGHT AND PAULA
6 W. KNIGHT)
7
8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the
9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
10 presented to the City Council a request for approval of an Installment Purchase Agreement
11 (the form and standard provisions of which have been previously approved by the City
12 Council, a summary of the material terms of which is hereto attached, and a true copy of
13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights
14 (as defined in the Installment Purchase Agreement) on certain property located in the City
15 and more fully described in Exhibit B of the Installment Purchase Agreement for a
16 purchase price of $184,652; and
17
18 WHEREAS, the aforesaid Development Rights shall be acquired through the
19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in
20 compliance with, the requirements of the Ordinance; and
21
22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the
23 purchase as evidenced by the Installment Purchase Agreement;
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 1. The City Council hereby determines and finds that the proposed terms and
29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase
30 Agreement, including the purchase price and manner of payment, are fair and reasonable
31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee
32 is hereby authorized to approve, upon or before the execution and delivery of the
33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal
34 balance of the purchase price set forth hereinabove as the greater of 2.0500% per annum
35 or the per annum rate which is equal to the yield on United States Treasury STRIPS
36 purchased by the City to fund such unpaid principal balance; provided, however, that such
37 rate of interest shall not exceed 5.0500% unless the approval of the City Council by
38 resolution duly adopted is first obtained.
39
40 2. The City Council hereby further determines that funding is available for the
41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on
42 the terms and conditions set forth therein.
43
44 3. The City Council hereby expressly approves the Installment Purchase
45 Agreement and, subject to the determination of the City Attorney that there are no defects
46 in title to the property or other restrictions or encumbrances thereon which may, in the
47
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opinion of the City Attorney, adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment Purchase Agreement in
substantially the same form and substance as approved hereby with such minor
modifications, insertions, completions or omissions which do not materially alter the
purchase price or manner of payment, as the City Manager or his designee shall approve.
The City Council further directs the City Clerk to affix the seal of the City to, and attest
same on, the Installment Purchase Agreement. The City Council expressly authorizes the
incurrence of the indebtedness represented by the issuance and delivery of the Installment
Purchase Agreement.
4. The City Council hereby elects to issue the indebtedness under the Charter
of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
the indebtedness a contractual obligation bearing the full faith and credit of the City.
Adoption requires an affirmative vote of a majority of all members of the City
Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on this day of
, 2012.
CA12159
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DATE: April 23, 2012
APPROVED AS TO CONTENT:
o�
Agriculture Department
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
C, fl� QiA
Director of Finance
F,
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2011-120
SUMMARY OF MATERIAL TERMS
SELLER: KNIGHT, Barry D. and KNIGHT, Paula W.
PROPERTY LOCATION: North Side of Head of River Road, Princess Anne District
PURCHASE PRICE: $184,652
EASEMENT AREA: 27.56 acres, more or less
DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 2.0500% (actual rate to be determined when STRIPS are purchased prior
to execution of IPA). Rate may not exceed 5.0500% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IPA date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IPA.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for One (1)
Year, with Four (4) One -Year Renewal Options, for City -Owned Property
Located at the Intersection of 2nd Street and Atlantic Avenue
MEETING DATE: May 8, 2012
■ Background: The City of Virginia Beach (the "City") owns two (2) parcels of
land consisting of approximately 15,000 sq. ft. (0.34 acre) located at the
intersection of 2nd Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427-
31-3918) (collectively, the "Property").
C.B.M., Co. (t/a Schooner Inn) ("Schooner") has been leasing the Property since
2007 and desires to continue leasing the Property for the purpose of hotel guest
and special event parking as necessary.
■ Considerations: This lease would be for a term of one (1) year, with four (4)
one-year renewal options. Schooner has agreed to pay the City $2,532 per
month ($30,384 annually). The City has the right to terminate the lease upon
ninety (90) 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 lease agreement or deny leasing the Property.
■ Recommendations: Approval
■ Attachments: Ordinance
Summary of Terms
Location Map
Recommended Action: Approval
Submitting Department/Agency: Public oks acti/e
s�ana ement
City Manager: S 1c
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR ONE (1)
3 YEAR, WITH FOUR (4) ONE-YEAR RENEWAL
4 OPTIONS, FOR CITY -OWNED PROPERTY
5 LOCATED AT THE INTERSECTION OF 2ND STREET
6 AND ATLANTIC AVENUE
8 WHEREAS, the City of Virginia Beach (the "City") is the owner of two (2)
9 parcels of land totaling approximately 15,000 sq. ft. (0.34 acre), located at the
10 intersection of 2"d Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427-31-
11 3918) (collectively, the "Property");
12
13 WHEREAS, C.B.M. Co. (t/a Schooner Inn), a Virginia corporation
14 ("Schooner") has leased the Property from the City since 2007, and desires to
15 continue leasing the Property;
16
17 WHEREAS, Schooner desires to enter into a new lease agreement for the
18 Property for a term of one (1) year, with four (4) one-year renewal options;
19
20 WHEREAS, Schooner has agreed to pay the City $2,532 per month ($30,384
21 annually) for the use of the Property for the initial term, with a three percent (3%)
22 escalation each year thereafter; and
23
24 WHEREAS, the Property would continue to be utilized for hotel guest parking,
25 and may be sublet only with the written consent of the City.
26
27 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the City Manager is hereby authorized to execute a lease for the term of
31 one (1) year, with four (4) one-year renewal options, between C.B.M. Co. (t/a
32 Schooner Inn) and the City for the Property in accordance with the Summary of
33 Terms attached hereto, and made a part hereof, and such other terms, conditions or
34 modifications deemed necessary and sufficient by the City Manager and in a form
35 deemed satisfactory by the City Attorney.
36
37 Adopted by the Council of the City of Virginia Beach, Virginia on the
38 day of , 2012.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
City Attorney Public W rks / Fa ities
Management
CA12139
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April 24, 2012
EXHIBIT A
SUMMARY OF TERMS
LEASE OF CITY -OWNED PROPERTY LOCATED
AT 2ND STREET AND ATLANTIC AVENUE
LESSOR: City of Virginia Beach (the "City")
LESSEE: C.B.M. Co. (t/a Schooner Inn)
PREMISES: Approximately 15,000 sq. ft. (0.34 acre) of City -owned property located at the
intersection of 2nd Street and Atlantic Avenue.
TERM: May 1, 2012 through April 30, 2013, with four (4) one-year renewal options (the
"Term").
RENT: $2,532 per month ($30,384 annually) for the first year and escalated by three
percent (3%) each year thereafter.
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use the Premises solely for parking for registered guests of Schooner Inn; any
assignment or sublease must be approved in writing by the City.
• Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly
condition.
• Maintain commercial general liability insurance coverage with policy limits of not less than
one million dollars ($1,000,000) combined single limits per occurrence.
• 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 Lessee to surrender possession and control of the Premises to the
City upon forty-eight (48) hours' written notice, if needed for a public purpose.
TERMINATION:
0 The City may terminate the Lease for any reason upon ninety (90) days' written notice.
%i� 1 11 1.,
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution in Support of a Grant Application to the Virginia Department of
Conservation and Recreation for a Recreational Trails Program Grant
MEETING DATE: May 8, 2012
■ Background: The City's Outdoors Plan recommended that the City acquire the
Lake Lawson / Lake Smith Natural Area for a future public park. The 41.5 acre site in
three parcels south of Northampton Boulevard was acquired from the City of Norfolk
which retains rights to use the lakes as reservoirs.
The Virginia Department of Conservation and Recreation (DCR) administers the
Recreational Trails Program (RTP), which awards grants to localities and organizations
for the development of recreational trails for public use. Virginia Beach Department of
Parks & Recreation, Division of Planning, Design and Development has prepared a
master plan that includes woodland trails, and the City has applied to DCR for RTP
funds to help build a network of trails, including one bridge.
■ Considerations: The RTP is a federal reimbursement program that requires an
80/20 percentage cost split, with the 20% coming from the locality. Before funding a
project, DCR requires a resolution from City Council supporting the project, stating who
is authorized to enter into agreements on behalf of the City, and acknowledging that
RTP is a locally -administered reimbursement program. The Lake Lawson / Lake Smith
Natural Area project is estimated to cost $378,957. The grant request is for $189,400,
which is about 50% of the total. The City has set aside the funds in CIP# 4-306, "Open
Space Park Development and Maintenance, Phase 2" for the local match and the
remainder of funding required for this project.
■ Public Information: A public information meeting and design workshop was held
November 4, 2009 to introduce the project, show preliminary design concepts and gain
crucial feedback from the public. A second public meeting was held February 24, 2010
to share with the public the status of Master Plan and to listen to their responses to the
design.
■ Attachments: Resolution; Map
Recommended Action: Adoption
Submitting Department/Ag ncy: Parks and Recreation
City Manager. 1
1 A RESOLUTION IN SUPPORT OF A GRANT
2 APPLICATION TO THE VIRGINIA DEPARTMENT OF
3 CONSERVATION AND RECREATION FOR A
4 RECREATIONAL TRAILS PROGRAM GRANT
5
6 WHEREAS, a system of trails provides recreational opportunities that enhance
7 the general health and welfare of the citizens of the City of Virginia Beach; and
8
9 WHEREAS, the Virginia Beach Department of Parks and Recreation has
10 identified a possible site for a recreational trail in the Lake Lawson / Lake Smith Natural
11 Area; and
12
13 WHEREAS, the Virginia Department of Conservation and Recreation administers
14 state and federal program funds through the Virginia Recreational Trails Program; and
15
16 WHEREAS, any approved Recreational Trails program must comply with
17 applicable federal and state laws, including the National Environmental Policy Act
18 ("NEPA"), the Endangered Species Act, and the Historic Preservation Act; and
19
20 WHEREAS, the Recreational Trails Program provides grants of not less than
21 $25,000 and no more than $200,000, which are administered as reimbursement for
22 project purchases; and
23
24 WHEREAS, the Recreational Trails Program requires grant recipients to provide
25 local funding of at least 20% of project costs and a commitment that the project be
26 completed within three years of the grant award; and
27
28 WHEREAS, as required by NEPA, a public comment period for this project was
29 completed as part of the master planning process in November 2009 and February
30 2010; and
31
32 WHEREAS, if the grant application is approved, the required local match would
33 be provided by funds in CIP #4-306, "Open Space Park Development and Maintenance,
34 Phase 2."
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
37 VIRGINIA BEACH, VIRGINIA, THAT:
38
39 1. The Council of the City of Virginia Beach supports an application to the Virginia
40 Department of Conservation and Recreation for the development of a trails
41 project in the Lake Lawson / Lake Smith Natural Area.
42
43 2. The Council of the City of Virginia Beach acknowledges that if the grant
44 application is approved, the project will require local funding of 20% of project
45 costs and a commitment that the project be completed within three years of the
46 grant award.
47
48
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50
51
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53
54
3. The City Manager or his authorized designee is authorized to enter into an
agreement on behalf of the City in furtherance of the purpose of this Resolution
after review of such agreement for legal sufficiency by the Office of the City
Attorney.
Adopted by the City Council of the City of Virginia Beach, Virginia, this
day of , 2012.
APPROVED AS/TO CONTENT:
on
APPROVED AS TO LEGAL SUFFICIENCY:
Cit or 's Office
CA12254
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April 12, 2012
APPROVED AS TO CONTENT:
Managerrgnt S,6rvices
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Grant Funds to the FY 2012
Operating Budget of the Department of Housing and Neighborhood
Preservation for Emergency Homeless Assistance
MEETING DATE: May 8, 2012
■ Background: The U.S. Department of Housing and Urban Development ("HUD")
has provided a new allocation of Federal funds for emergency assistance for
homelessness to cities around the country. Virginia Beach's portion of this funding is
$60,193.
On April 10th, City Council approved the required first step in utilization of those funds by
amending the City's Citizen Participation Plan. Now that the amount has been set, the
funds will be available for appropriation by City Council. To fulfill the requirements of
this grant, the Department of Housing and Neighborhood Preservation ("DHNP") plans
to enter into one or more contracts with local not-for-profit organizations that provide
assistance to the homeless population and those that are in danger of becoming
homeless.
■ Considerations: The attached ordinance is required to allow the use of these
new funds. There is local match required. DHNP will provide documentation for this
match in the manner and form required by HUD to meet federal regulations.
■ Public Information: This item will be advertised through the normal Council
agenda process. Additionally, an advertisement notifying the public of this proposed
change to the City's Citizen Participation Plan appeared in the Beacon on April 5, 2012.
This action was also discussed at a public meeting with the Virginia Beach continuum of
care organization - VBHARP, as required by regulation, on March 21, 2012.
■ Attachment: Ordinance
Recommended Action: Approval
Submitting Department: Departure using and Neighborhood Preservation
City Manager: S �'
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6
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15
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
GRANT FUNDS TO THE FY 2012 OPERATING BUDGET
OF THE DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION FOR EMERGENCY
HOMELESS ASSISTANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That $60,193 is hereby accepted from the U.S. Department of Housing and
Urban Development and appropriated, with federal revenues increased
accordingly, to the FY 2012 Operating Budget of the Department of Housing
and Neighborhood Preservation to provide assistance for the homeless
population and those that are in danger of becoming homeless; and
2. That the Department of Housing and Neighborhood Preservation shall
provide the required documentation for the local match as needed and
appropriate under federal regulations.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of 12012.
Requires an affirmative vote of a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
'i
Manag'emenf Services
CA12258
R-2
May 2, 2012
APPROVED AS TO LEGAL
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $606,500 in Fund Balance from the School Site
Landscaping Internal Service Fund to the FY 2012 Operating Budget of the
Department of Parks and Recreation
MEETING DATE: May 8, 2012
■ Background: The City provides landscape services for 93 school sites
through the School Site Landscaping Internal Service Fund. This fund accumulates
year-end fund balance primarily due to personnel vacancies. The Landscape
Management Administrator has requested, and the School Administration supports, the
use of $606,500 from the fund balance of this internal service fund for one-time projects
listed below. A further description of the projects is provided in the attached
memorandum from the Landscape Management Administrator.
■ Considerations: The following projects have been approved by the
School Administration and will address deteriorating conditions at various school sites:
• Playground Safety Improvements (surfacing removal and replacement) at 10
sites ($151,500);
• Relocation and replacement of playground and equipment at Cooke
Elementary ($50,000);
• Replacement of basketball stanchions and backstops at various schools
($75,000); and
• Drainage improvements and pond shoreline reconstruction at Larkspur Middle
School ($330,000).
■ Public Information: Public information will be coordinated through the
normal City Council agenda process.
■ Recommendations: Approve the attached ordinance.
■ Attachments: Ordinance; Memorandum from the Landscape
Management Administrator detailing the proposed projects; and Memorandum of
Support of the Use of Funds from School Administration.
A
Recommended Action: Approval `
Submitting Department: Parks and Recreation/L ndscape Management Division
City Manager
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AN ORDINANCE TO APPROPRIATE $606,500 IN
FUND BALANCE FROM THE SCHOOL SITE
LANDSCAPING INTERNAL SERVICE FUND TO THE
FY 2012 OPERATING BUDGET OF THE
DEPARTMENT OF PARKS AND RECREATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $606,500 in fund balance from the School Site Landscaping Internal Service
Fund is hereby appropriated, with local revenue increased accordingly, to the FY 2012
Operating Budget of the Department of Parks and Recreation to fund one-time
expenses approved by the School Administration.
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:
�..Y)eA
Management Services
CA12255
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April 17, 2012
APPROVED AS TO LEGAL
SUFFICIENCY:
r
OitSr o, J ce
r
IRGINIA BEACH CITY PUBLIC SCHOOLS
A H E A D O F T H E C U R V E
RErV BAR
3 0 2012
MEMORANDUM
Dale R. Holt
Assistant Superintendent
Administrative Support Services
TO: Frank Fentress, Administrator
Landscape Management
FROM: Dale R. Holt, Assistant Superintendent
Department of Administrative Support Services
SUBJECT: 613 Internal Service Fund Net Assets for FY 2011-12
DATE: March 27, 2012
We authorized the amount of $606,500 in the 613 Internal Service Fund for the replacement of
equipment, playground replacement and surfacing removal. We support the use of the Internal
Service Fund Net Assets for these projects and we ask.that you proceed to transfer the funds.
Please contact me should you have any questions and/or concerns.
cc: Dr. Sheila S. Magula, Deputy Superintendent
Farrell E. Hanzaker, Chief Financial Officer ,
DEPARTMENT OF PARKS AND RECREATION
LANDSCAPE MANAGEMENT DIVISION
757385-0461
FAX (767)427-1895
TDD (757)427-4305
4C_-it:3r 4C�,f �Tir �i a ��acla
INTER -OFFICE MEMORANDUM
DATE: November 10, 2011
v$govxom
4141 DAM NECK ROAD
VIRGW IA BEACH, VA 23456-5786
TO: /'Dale Holt, Assistant Superintendent — Virginia Beach City Public Schools
FROM: 1 ' Frank Fentress, Landscape Management Administrator
SUBJECT: Use of 613 Internal Service Fund Net Assets for FY 2011-12
As you know, the year-end fund balance for 11049 - Grounds Services accumulates in a .613 Internal
Service Fund account at the end of each fiscal year. The fund balance is made up largely of salary and
fringe benefits surpluses at the end of each fiscal year due to employee turnover and entry-level
vacancies in Grounds Services. We are requesting your approval to use $819,500 from the net assets in
the 613 Internal Service Fund to pay for some specific projects and equipment replacements that we
cannot afford to do otherwise in FY 11-12: The specific requests and amounts are listed below_
603407 -- Other Contractual Services
Playground Safety Improvements
-10 playgrounds @ $15,150 each - Phase III of a 5 -year program for
Surfacing Removal and Replacement at various school sites
- Renovation and replacement of Cooke Elementary playground
J$330,000
- Basketball stanchion and backstop replacements at
various elementary schools
- Pond shoreline reconstruction and site drainage improvements at
Larkspur Middle School
4 Lpov 16 Do
607105 — Replacement of Motor Vehicles and Equipment
(1) Concrete Grinder to replace Motor Grader #008605
$13,000 $13,000
(2) Trucks, 17,500 GVW, Crew Cab with Snow Plow
$100,000 $200,000
and Salt Spreader to replace #141316, 141318
Total FY 2011-2012 Net Assets Request $819,500
Memorandum to Dale Holt
Page Two
November 10, 2011
Below is a brief explanation of the projects:
Phase I of the five-year safety surface replacement program began in 2010. Twenty-three
playgrounds at elementary school sites have been addressed thus far, and two more are
scheduled for completion this winter. Phase III addresses 10 more elementary school
playgrounds. New drainage systems, in addition to removal and replacement of playground base
materials and engineered wood fiber, will help ensure that national safety standards are met while
prolonging the life expectancy of the toy structure. ADA accessible walkways are also being
installed with these renovations.
• The existing playground at Cooke Elementary School was installed in 1996. It is a challenge
course design and is more suitable for older children and adults_ Renovating the play area and
replacing the existing challenge course components with an age-appropriate playground toy will
provide a safer, more valuable, ADA accessible play experience for the younger students.
• Basketball stanchion refurbishment and replacements, mostly at elementary schools, have been
completed as needed each year to ensure that aging structures are structurally sound. However,
due to encapsulated lead paint, advancing rust concerns and metal failure, yearly upkeep is
becoming increasingly challenging. Grounds Services/ Landscape Management is mile to fund a
portion of the complete replacements; however, additional funding is required to replace
basketball stanchions and backstops in order to remain compliant with safety standards.
As supported by an Existing Drainage Study performed by Kimley-Horn in 2010, the stormwater
management pond at Larkspur Middle School is highly eroded from wave action, and there are
two flooding areas, one in the east parking lot, and one at the main student entry sidewalk for the
building. The recommendations made by Kirinley-Horn included an estimate of $330,000 for
design and construction to correct these drainage issues. Reconstruction of the pond. shorelines
and establishment of better vegetation will also help alleviate"an ongoing problem with geese at
this site.
• All vehicles and equipment listed have met mileage and service requirements established by the
City's Fleet Management Division -for replacement and are essential to our operation. Funding .will
reduce repair costs, minimize downtime, and help to ensure effective service delivery.
As noted previously, we are recommending that funding be utilized from the 613 Internal Service Fund.
In lieu of Internal Service funding, the alternatives are either delaying these projects and replacements
until they can be funded through the normal budget process or that no funding at all be provided to fund
these projects. We feel that these two alternatives, especially'providing no funding, will result in
deficiencies ata number of school sites. We have also proposed some of the safety improvements
previously in the budget process, but due to competing priorities have been unable to secure funding.
We look forward to your favorable response. Please feel free to contact me should you need more
information or clarification to evaluate these requests.
FLF/jfb
cc: Steve Johnston
Christina Uperti
David Walker
Paul Harris
.r .. y
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Transferring Funds from the General Fund Reserve for
Contingencies to the General Registrar's FY 2011-12 Operating Budget for the
Republican Party Primary Senatorial Election
MEETING DATE: May 8, 2012
■ Background: A primary election has been ordered for June 12, 2012 in the City
of Virginia Beach. In accordance with Virginia Code § 24.2-518, the locality shall pay
the costs of primary elections. The FY 2011-12 Operating Budget for the General
Registrar's Office does not include funding for this primary election.
■ Considerations: The total cost for the primary election is estimated to cost
$211,108. The General Registrar's Office is capable of absorbing $13,420 within its
budget. It is requested that the remaining $197,668 be transferred from the General
Fund Reserve for Contingencies. If approved, the General Fund Reserve for
Contingencies will have a remaining balance of $577,366.
■ Public Information: Public information will be provided through the normal
Council Agenda process.
■ Alternatives: Without adequate funding, election duties required by law for the
primary election cannot be conducted.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: General Registrar
City Manager: Wt
1
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AN ORDINANCE TRANSFERRING FUNDS FROM
THE GENERAL FUND RESERVE FOR
CONTINGENCIES TO THE FY 2012 OPERATING
BUDGET OF THE GENERAL REGISTRAR FOR THE
REPUBLICAN PARTY PRIMARY SENATORIAL
ELECTION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $197,668 is hereby transferred from the General Fund Reserve for
Contingencies to the FY 2011-12 Operating Budget of the General Registrar to fund the
June 2012 Republican Party Primary Senatorial Election.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2012.
APPROVED AS TO CONTENT:
CA
Management Services
CA12256
R-1
April 24, 2012
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
k----
J. PLANNING
1. Application of OCEAN RENTAL PROPERTIES, LLC, for an Enlargement of a Non -
Conforming Use to allow two single family dwellings at 403 16th Street (DISTRICT 6 —BEACH)
RECOMMENDATION: APPROVAL
2. Application of B.C. INVESTMENTS, LLC/RCC SALEM LAKES II, LLC and SALEM
LAKES II, LLC for Modification of Proffers, and a Conditional Use Permit (Approved by City
Council October 27, 1998) re mini- and self -storage, at Salem Road and Salem Lakes Blvd.
(DISTRICT 1-CENTERVILLE)
RECOMMENDATION: APPROVAL
3. Application of BILLY W. CHAPLAIN, for Modification of Proffer No. l and Modification of
Condition No. 7 of a Conditional Use Permit for Bulk Storage (approved by City Council August
14, 200 1) and a new Conditional Use Permit for Automobile and Small Engine Repair at 849 and
853 Virginia Beach Boulevard (DISTRICT 6 —BEACH)
RECOMMENDATION: APPROVAL
4. Application of CORNERSTONE BIBLE CHURCH, INC/KROLL ENTERPRISES for a
Conditional Use Permit re a church at 2180 McComas Way (DISTRICT 7 -PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
5. Application of SENTARA HOSPITALS AND MPB, INC., for a Change of Zoning District
Classification from A-12 Apartment District and R-15 Residential District to Conditional 0-2
Office District re offices and medical facilities at 800 and 816 Independence Boulevard.
(DISTRICT 4-BAYSIDE)
RECOMMENDATION:
APPROVAL
6. Application of the CITY OF VIRGINIA BEACH, for a Street Closure re a portion of the right-
of-way of Holly Road at the intersection of Laskin Road(DISTRICT 6 —BEACH)
RECOMMENDATION: APPROVAL
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing the Enlargement of a Nonconforming use
on Property Located at 403 16th Street (GPIN 2427069675). BEACH
DISTRICT. OCEAN RENTAL PROPERTIES, LLC
MEETING DATE: May 8, 2012
■ Background:
The site is zoned A-12 Apartment District. Until 2006, the subject parcel was
used for a single-family house on the front portion of the lot and a duplex on the
rear portion of the lot. The use of the site for two separate structures with
dwelling units is nonconforming per the Zoning Ordinance, because single-family
dwellings are not permitted within the A-12 Apartment District.
On August 8, 2006, the City Council approved a request for a conversion and
enlargement of a nonconforming use for this site. The duplex dwelling at the rear
of the lot was damaged by fire, and it was cost prohibitive to repair. Accordingly,
the approval included (1) demolition of the existing duplex dwelling and its
replacement with a single-family dwelling and (2) addition of a second -story deck
to the existing single-family dwelling. The fire -damaged duplex was demolished
as proposed; however, the construction of the proposed single-family dwelling
did not take place at that time.
■ Considerations:
The property has since changed owners, and the new owner (the applicant)
requests approval of an alteration and enlargement of a nonconforming use for
the purpose of demolishing the existing single-family dwelling on the front of the
lot and then developing the site with two single-family dwellings.
The submitted site development plan depicts two single-family dwellings and
parking. The front unit is located 14 feet from the front property line, 5 feet from
the western property line, and 9.5 feet from the eastern property line. The rear
unit is located 10 feet from the rear property line, 8 feet from the western property
line, and 5 feet from the eastern property line. There is 35 feet between the
dwellings. The front unit has a 10 -foot by 15 -foot deck attached the rear of the
house, and the rear unit has an 18 -foot wide patio surrounding the bay window
on the rear of the house. Concrete driveways are proposed for both units.
The proposed architectural style of the dwellings is a modified Colonial Revival
style and is in keeping with the surrounding dwellings. The front dwelling is 26
feet in height, and the rear dwelling is slightly taller at 29 feet in height.
Page 2 of 3
The Lakewood community, within which the subject site is located, is very
interested in implementing zoning regulations and design guidelines similar to
those applicable to the Old Beach Overlay District. A component of the Overlay
District regulations is the Old Beach Design Guidelines, which are used by
developers and property owners to ensure the design of new and renovated
dwellings is consistent with the identified 'vision' established by the community
for Old Beach. The Lakewood community does not have such guidelines, and
until those guidelines are developed and adopted, staff, with the encouragement
of the Lakewood Civic League, has been using elements of the Old Beach
Guidelines to maintain the character of the Lakewood community for new
construction, renovations, and redevelopment.
For the purpose of the current request, the applicant applied some of the site and
building design elements recommended for the Old Beach Overlay District to the
design the site and building designs.
■ Recommendations:
In sum, staff finds that the proposed alterations and enlargements are
reasonable, will have a minimal impact on the surrounding area, and will be as
appropriate to the area as the existing non -conforming use. The request is also in
keeping with the vision of the Lakewood community residents to permit two
single-family dwellings on a site, similar to that permitted in the Old Beach
Overlay District, as opposed to a duplex. The request, therefore, is acceptable
with the conditions below.
1. The site shall be developed substantially in conformance with the submitted
"NON -CONFORMING USE EXHIBIT FOR OCEAN RENTAL PROPERTIES,
LLC #403 16TH STREET", dated February 2, 2012, and prepared by WPL
Landscape Architects/Land Surveyors/Engineers. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
2. The proposed dwellings shall be constructed substantially in conformance
with the submitted elevations "403 16th Street Front Unit and 403 16th Street
Rear Unit". Said elevations have been exhibited to the Virginia Beach City
Council and are on file in the Planning Department.
3. Building materials shall consist of fiber -cement board siding, vinyl lap and
shake siding, and architectural -grade roofing shingles. Brick skirting shall
cover the foundation. The windows, doors, railing, and columns shall be vinyl
clad. Building colors shall be neutral tones of grays, browns, beige, cream,
and white.
Page 3 of 3
4. The existing Crape Myrtle trees between the sidewalk and the roadway shall
be protected during construction. The easternmost Crape Myrtle may be
removed to allow installation of the driveway. The applicant shall plant a
Crape Myrtle in the front yard of the proposed front dwelling unit as
replacement.
5. All yard areas that are not covered with impervious area shall be landscaped
with grass, shrubs and trees. The HVAC units shall be screened from view
with landscaping or fencing.
6. The driveways for the proposed units shall be pervious pavers or drive strips.
The vehicle parking area for the proposed rear dwelling unit shall be pavers.
■ Attachments:
Staff Report
Resolution
Location Map
Recommended Action: Approval with conditions
Submitting Department/Agency: Planning Department
City Manager: l/,
BEACH
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REQUEST:
Enlargement of a Nonconforming Use
ADDRESS / DESCRIPTION: 403 16t" Street
May 8, 2012 City Council Public
Hearing
APPLICANT AND PROPERTY
OWNER:
OCEAN RENTAL
PROPERTIES, LLC
STAFF PLANNER: Faith Christie
GPIN:
ELECTION DISTRICT:
SITE SIZE:
AICUZ:
24270696750000
BEACH
7,000 square feet
65-70 dB DNL; Sub -Area 1
SUMMARY OF REQUEST
The site is zoned A-12 Apartment District. Until 2006, the subject parcel was used for a single-family
house on the front portion of the lot and a duplex on the rear portion of the lot. The use of the site for two
separate structures with dwelling units is nonconforming per the Zoning Ordinance, because single-family
dwellings are not permitted within the A-12 Apartment District.
On August 8, 2006, the City Council approved a request for a conversion and enlargement of a
nonconforming use for this site. The duplex dwelling at the rear of the lot was damaged by fire, and it was
cost prohibitive to repair. Accordingly, the approval included (1) demolition of the existing duplex dwelling
and its replacement with a single-family dwelling and (2) addition of a second -story deck to the existing
single-family dwelling. The fire -damaged duplex was demolished as proposed; however, the construction
of the proposed single-family dwelling did not take place at that time.
Since that time, the property has changed owners, and the new owner (the applicant) requests approval
of an alteration and enlargement of a nonconforming use for the purpose of demolishing the existing
single-family dwelling on the front of the lot and then developing the site with two single-family dwellings.
The submitted site development plan depicts two single-family dwellings and parking. The front unit is
located 14 feet from the front property line, 5 feet from the western property line, and 9.5 feet from the
eastern property line. The rear unit is located 10 feet from the rear property line, 8 feet from the western
OCEAN RENTAL PROPERTIES, LLC
May 8, 2012 CITY COUNCIL
Page 1
property line, and 5 feet from the eastern property line. There is 35 feet between the dwellings. The front
unit has a 10 -foot by 15 -foot deck attached the rear of the house, and the rear unit has an 18 -foot wide
patio surrounding the bay window on the rear of the house. Concrete driveways are proposed for both
units.
The proposed architectural style of the dwellings is a modified Colonial Revival style and is in keeping
with the surrounding dwellings. The front dwelling is 26 feet in height, and the rear dwelling is slightly
taller at 29 feet in height.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: A single-family dwelling occupies the site. The site is zoned A-12 Apartment district.
SURROUNDING LAND North: . Commercial uses / RT -3 Resort Tourist
USE AND ZONING: South: . 16th Street
• Across 16th Street are single-family, duplex, and multi -family
dwellings and a bed and breakfast inn / R -5S Residential
East: . Duplex dwelling and a single-family dwelling / A-12 Apartment
District
West: . Duplex dwelling / A-12 Apartment District
NATURAL RESOURCE AND There are no significant natural resources or cultural features associated
CULTURAL FEATURES: with the site.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area of the city as "Urban Area - Strategic Growth Area 8, Resort
Area." The Resort Area is recognized as an area where revitalization efforts have and continue to transform
the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth.
Further, the site is located one block south of the Central Beach District of the Resort Area Strategic Action
Plan (RASAP). The RASAP's development strategies call for creating distinct districts, improving transitions
from the Resort Area to the neighborhoods and growing the quality of the residential sector. The RASAP
promotes increasing residential uses in the Resort Area, provided careful consideration is given to design and
compatibility with adjacent properties and neighborhood character.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): 16t" Street is a
two-lane local street with an 80 -feet right-of-way width. It is not included in the City's Master Transportation
Plan.
The two single-family dwellings proposed for the lot do not create any traffic related issues. The proposed
driveway will have to meet the requirements of the City's Public Works Standards for residential entrances.
OCEAN RENTAL PROPERTIES, LLC
May 8, 2012 CITY COUNCIL
Page 2
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
16 Street
No counts
9,900 ADT
Existing Land Use — 20 ADT
available
Proposed Land Use 3— 20 ADT
Average Daily Trips
Y as defined by two single-family dwellings
3 as defined by two single-family dwellings
WATER and SEWER: This site is connected to City water and sewer.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request.
The Lakewood community, within which the subject site is located, is very interested in implementing
zoning regulations and design guidelines similar to those applicable to the Old Beach Overlay District.
The Old Beach Overlay District is a residential area bounded by 271/2 Street and Beach Garden Park to
the north, Parks Avenue to west, 221/ and 22nd streets to the south, and a meandering line following lot
lines within the 300 block west of Pacific. A component of the Overlay District regulations is the Old
Beach Design Guidelines, which are used by developers and property owners to ensure the design of
new and renovated dwellings is consistent with the identified `vision' established by the community for Old
Beach. The Lakewood community does not have such guidelines, and until those guidelines are
developed and adopted, staff has been using elements of the Old Beach Guidelines to maintain the
character of the Lakewood community for new construction, renovations, and redevelopment.
For the purpose of the current request, the applicant applied some of the site and building design
elements recommended for the Old Beach Overlay District to the design of the site and building designs.
The existing single-family dwelling is 18 feet from the front property line. The applicant proposes the new
front dwelling at 14 feet from the front property line. While the new front dwelling will be slightly closer to
the property line, it is consistent with the location of the front fagade of the existing homes on the street.
The existing dwelling is 4.9 feet from the western property line and 9 feet from the eastern property line.
The new front dwelling will be 5 feet from the western property line and 9.5 feet from the eastern property
line.
The previous approval for a single-family dwelling at the rear of the lot allowed for a three-story structure,
7 feet from both of the side property lines and 10 feet from the rear property line. The majority of the yard
area between the front and rear units consisted of parking area for the structure. In lieu of that previously
approved dwelling, the currently proposed rear dwelling is proposed at 8 feet from the western property
line, 5 feet from the eastern property line, and 10 feet from the rear property line. The rear dwelling is
proposed at 2 stories in height.
The proposed lot coverage of the dwellings is in keeping with the recommendations in the Old Beach
Design Guidelines. The proposed Colonial Revival architecture for both of the dwellings is complementary
to the existing homes in the immediate area.
OCEAN RENTAL PROPERTIES, LLC
May 8, 2012 CITY COUNCIL
Page 3
In sum, staff finds that the proposed alterations and enlargements are reasonable, will have a minimal
impact on the surrounding area, and will be as appropriate to the area as the existing non -conforming
use. The request is also in keeping with the vision of the Lakewood community residents to permit two
single-family dwellings on a site, similar to that permitted in the Old Beach Overlay District, as opposed to
a duplex. The request, therefore, is acceptable with the conditions listed below.
CONDITIONS
1. The site shall be developed substantially in conformance with the submitted "NON -CONFORMING
USE EXHIBIT FOR OCEAN RENTAL PROPERTIES, LLC #403 16TH STREET", dated February 2,
2012, and prepared by WPL Landscape Architects/Land Surveyors/Engineers. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning Department.
2. The proposed dwellings shall be constructed substantially in conformance with the submitted
elevations "403 16th Street Front Unit and 403 16th Street Rear Unit". Said elevations have been
exhibited to the Virginia Beach City Council and are on file in the Planning Department.
3. Building materials shall consist of fiber -cement board siding, vinyl lap and shake siding, and
architectural -grade roofing shingles. Brick skirting shall cover the foundation. The windows, doors,
railing, and columns shall be vinyl clad. Building colors shall be neutral tones of grays, browns, beige,
cream, and white.
4. The existing Crape Myrtle trees between the sidewalk and the roadway shall be protected during
construction. The easternmost Crape Myrtle may be removed to allow installation of the driveway. The
applicant shall plant a Crape Myrtle in the front yard of the proposed front dwelling unit as
replacement.
5. All yard areas that are not covered with impervious area shall be landscaped with grass, shrubs and
trees. The HVAC units shall be screened from view with landscaping or fencing.
6. The driveways for the proposed units shall be pervious pavers or drive strips. The vehicle parking area
for the proposed rear dwelling unit shall be pavers.
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.
OCEAN RENTAL PROPERTIES, LLC
May 8, 2012 CITY COUNCIL
Page 4
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May 8, 2012 CITY COUNCIL
Page 5
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OCEAN RENTAL PROPERTIES, LLC
May 8, 2012 CITY COUNCIL
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FRONT UNIT ELEVATION
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May 8, 2012 CITY COUNCIL
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al
BEACH
Mml%1 Scale Ocean Rental Properties, LLC
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'Zoning witlr Conditions Proffers. Open Enlargement of Nonconforming Use Property is located within
Space Promotion or PDH -2 Overlays Sub Area 1 and 65.70 d8 Ldn
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
8/8/06
ENLARGEMENT AND ALTERATIONS TO A
NONCONFORMING USE
Approved
2
3/16/12
CONDITIONAL REZONING (A-12 APARTMENT TO RT -3
RESORT
Withdrawn
3
12/9/85
REZONING (A-1 APARTMENT TO B-4 RESORT
COMMERCIAL — NOW RT -3 RESORT TOURIST
Approved
4
4/14/09
ALTERATIONS TO A NONCONFORMING USE
Approved
5
5/9/95
CONDITIONAL USE PERMIT CHURCH ADDITIONS
Approved
6
5/1/02
CONDITIONAL REZONING (A-12 APARTMENT TO RT -3
RESORT
Withdrawn
7
12/7/10
CONDITIONAL USE PERMIT (MUSEUM & ART
GALLERY
Approved
8
4/13/10
CONDITIONAL USE PERMIT SMALL ENGINE REPAIR)
Approved
OCEAN RENTAL PROPERTIES, LLC
May 8, 2012 CITY COUNCIL
Page 9
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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)
Ocean Rental Properties, LLC: Steven W. Bishard; John Bishard; Members
2. List all businesses that have a parent -subsidiary' or affiliated business entw
relationship with the applicant: (Attach list if necessary)
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
8 See next page for footnotes
Non -Conforming Use Application
DISCLOSURE STATEMENT
OCEAN RENTAL PROPERTIES, LLC
May 8, 2012 CITY COUNCIL
Page 10
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services w7respectto the requested property use, including but not limited to the providers of a
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
WPL
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Ocean Rental,Proerties, LLC
B' Steve W. Bishrd, Memt
A cant's 5 nature Print Name
Property Owners Signature (if different than applicant) Print Name
Non-Confoming use Application
Page 9 of 9
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OCEAN RENTAL PROPERTIES, LLC
May 8, 2012 CITY COUNCIL
Page 11
1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
2 A NONCONFORMING USE ON PROPERTY LOCATED AT
3 40316 TH STREET
4
5 WHEREAS, Ocean Rental Properties, LLC, (hereinafter the "Applicants") have
6 made application to the City Council for authorization to enlarge a nonconforming use
7 located at 403 16th Street in the A-12 Apartment District by demolishing and
8 reconstructing two single -family dwellings on the same lot; and
9
10 WHEREAS, this lot originally contained two dwelling units; a single family
11 dwelling and a duplex. However, the duplex unit was destroyed, and City Council
12 passed a resolution allowing for the reconstruction of the duplex as a single -family
13 dwelling. At this time, the applicants request the ability to demolish the current single-
14 family dwelling and develop the site with two (2) single -family dwellings. Currently
15 single -family dwellings are not allowed in the A-12 Apartment District. The single -family
16 dwelling is nonconforming as it was built prior to the adoption of the applicable zoning
17 regulations; and
18
19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
21 City Council authorizing such action upon a finding that the proposed use, as
22 reconstructed, will be equally appropriate or more appropriate to the zoning district than
23 is the existing use;
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 That the City Council hereby finds that the proposed use, as reconstructed, will
29 be equally appropriate to the district as is the existing nonconforming use under the
30 conditions of approval set forth hereinbelow.
31
32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
33 BEACH, VIRGINIA:
34
35 That the reconstruction of the nonconforming use is hereby authorized, upon the
36 following conditions:
37
38 1. The site shall be developed substantially in conformance with the submitted
39 "NON-CONFORMING USE EXHIBIT FOR OCEAN RENTAL PROPERTIES,
40 LLC #403 16TH STREET", dated February 2, 2012, and prepared by WPL
41 Landscape Architects/Land Surveyors/Engineers. Said plan has been
42 exhibited to the Virginia Beach City Council and is on file in the Planning
43 Department.
44
45 2. The proposed dwellings shall be constructed substantially in conformance
46 with the submitted elevations "403 16th Street Front Unit and 403 16th Street
47 Rear Unit". Said elevations have been exhibited to the Virginia Beach City
48 Council and are on file in the Planning Department.
49
50 3. Building materials shall consist of fiber -cement board siding, vinyl lap and
51 shake siding, and architectural -grade roofing shingles. Brick skirting shall
52 cover the foundation. The windows, doors, railing, and columns shall be vinyl
53 clad. Building colors shall be neutral tones of grays, browns, beige, cream,
54 and white.
55
56 4. The existing Crape Myrtle trees between the sidewalk and the roadway shall
57 be protected during construction. The easternmost Crape Myrtle may be
58 removed to allow installation of the driveway. The applicant shall plant a
59 Crape Myrtle in the front yard of the proposed front dwelling unit as
60 replacement.
61
62 5. All yard areas that are not covered with impervious area shall be landscaped
63 with grass, shrubs and trees. The HVAC units shall be screened from view
64 with landscaping or fencing.
65
66 6. The driveway for the proposed units shall be pervious pavers or drive strips.
67 The vehicle parking area for the proposed rear dwelling unit shall be pavers.
68
69 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
70 of , 2012.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
P4n�:=_
IV ent City ttorne Office
CA12263
R-1
April 27, 2012
N (Q
Mlk
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: B.C. INVESTMENTS, LLC/RCC SALEM LAKES II, LLC & SALEM LAKES II,
LLC, Modification of Proffers, east side of Salem Road & north of Salem Lakes
Blvd, Conditional Use Permit, mini-storage/self-storage, east side of Salem Road
& north of Salem Lakes Blvd. (GPIN 1475905719). CENTERVILLE DISTRICT.
MEETING DATE: May 8, 2012
■ Background:
A Conditional Rezoning from R -51D Residential to Conditional B-2 Business for this site
was approved by the City Council on October 27, 1998. The change of zoning permitted
the expansion of the existing food store and shopping center, the relocation of retail
shops, and the creation of an outparcel. The applicant now proposes to eliminate the
proffers associated with the previously approved shopping center expansion, which
would have been entirely on the subject site. Instead of the shopping center expansion,
the applicant proposed to construct a three-story, mini -warehouse facility with outdoor
storage. Modifications to the Proffers of the 1998 Conditional Change of Zoning and a
Conditional Use Permit for the mini -warehouse facility are required.
■ Considerations:
The proposed 78,600 square foot, 34 -foot tall, climate -controlled building is proposed
with a mix of exterior building materials that include neutral color split -faced block veneer
and metal wall panels, storefront windows, and a green standing -seam metal roof. A
decorative eight -foot high, wrought -iron style fence is proposed to provide some visual
interest between this site and the shopping center to the south. In addition, as required
by the Zoning Ordinance, an eight -foot, solid vinyl fence is also proposed, which will
enclose the 25,000 square foot outdoor storage area. The storage area is for residential
use only and is intended to provide a location for the safe storage of boats, recreational
vehicles, trailers, and motorcycles, but not commercial vehicles. A 30 -foot wide planted
buffer is proposed along the northern property line adjacent to the multifamily units to the
north, where the outdoor storage is proposed. The buffer transitions to the minimum
required 15 -foot planted buffer along the remainder of the property line that is adjacent
to these same residential units. Ten parking spaces, foundation plantings, and a
stormwater management facility are also depicted on the proffered plan. Ingress and
egress to the site will utilize the existing entrance into the shopping center via an
easement.
Plan's policies for the Suburban Area call for protection of the overall character,
economic value, and aesthetic quality of stable neighborhoods. Three key planning
principles of the Plan guard against possible threats to neighborhoods: preserve
neighborhood quality, create and protect open spaces, and suburban mobility through
connections. While the applicant's proposal for the mini -warehouse facility will be
completely enclosed within a climate -controlled building and is viewed as compatible
with the multifamily to the north, it is the outdoor storage area that Staff finds
B.C. Investments, LLC
Page 2of3
inconsistent with the key planning principles of the Comprehensive Plan for the
Suburban Area. The enclosed self -storage facility is designed such that it appears to be
an office building, and thus, 'fits' with this primarily residential area. The bulk storage
yard, even when fenced and screened, presents an activity and appearance to the area
that is more semi -industrial in nature.
Thus, staff was concerned with the impact of the outdoor storage area on the adjacent
residential area, and accordingly, recommended that the Planning Commission deny
that part of the application. Prior to the Planning Commission Hearing, the applicant and
staff discussed the outdoor storage area, and drafted several potential conditions that
the Planning Commission could attach to the Use Permit that would address some of the
incompatible aspects of the use. At the Planning Commission Hearing, the Commission
added additional conditions pertaining to security and lighting. With the addition of the
conditions listed below, staff can now recommend approval of the mini -storage and the
outdoor storage area.
There was no opposition to the request.
■ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 9-0, recommends
approval of this request to the City Council with the following conditions and proffers:
CONDITIONS
ADDED BY PLANNING COMMISSION ACTION ON APRIL 11, 2012
1. The outdoor storage area shall only be used for storing licensed and operable motor
homes / recreational vehicles (RV's), watercraft, trailers, and motor vehicles. No
construction equipment, dump trucks, towed vehicles, or materials of any kind shall
be permitted to be stored within the area.
2. The outdoor storage yard shall be enclosed by the two types of fencing, the eastern
wall of the storage building, and the gate, as depicted and described on the "Zoning
& Condition Use Exhibit for Salem Road Self Storage" prepared by Kellam Gerwitz,
dated 1/25/12.
3. The landscape screening and tree preservation depicted on the plan referenced in
Condition 2 shall be installed substantially as depicted and described on said plan
and shall be maintained in good condition and health at all times.
4. A photometric plan shall be submitted for review during detailed site plan review. The
plan shall include the location of all poles and building mounted lighting fixtures, and
the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be
consistent with those standards recommended by the Illumination Engineering
Society of North America. The plan shall include provisions for implementing low-
level security lighting for non -business hours. Lighting on the northern side of the
property is of particular concern due to the adjacent residential areas. The lighting
proposed for that side of the building shall not be installed until approved by the
Department of Planning / Current Planning.
B.C. Investments, LLC
Page 3 of 3
5. The hours of operation for the self -storage and the outdoor storage area shall be
7:00 a.m. to 8:00 p.m.
6. The applicant shall install security cameras that provide surveillance of the outdoor
storage area.
PROFFERS
PROFFER 1:
When the Property is developed, it shall be landscaped and developed substantially as
shown on the exhibit entitled, "Zoning & Conditional Use Exhibit For Salem Road Self
Storage" date 01/25/12, prepared by Kellam Gerwitz, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
(hereinafter referred to as the "Site Plan").
PROFFER 2:
When the Property is developed, the exterior and building mounted signage of the Salem
Road Self Storage building shown on the Site plan shall be substantially similar in
appearance to and shall utilize the external building materials as designated on the exhibit
entitled, "Sale Road Self Storage Elevations for B.C. Investments, LLC," dated January 30,
2012, prepared by G.M. Frech & Associates, which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning
(hereinafter referred to as the "Elevation Plan").
PROFFER 3:
When the Property is developed, the freestanding sign shall be monument style, shall not
exceed a height of twelve feet (12') and the base shall match the masonry utilized on the
storage building depicted on the Elevation Plan.
PROFFER 4:
The only uses which are permitted on the Property in addition to or in place of the storage
facility depicted on the Site Plan are uses which are permitted in the B -1A Limited
Community Business District.
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and
administration of applicable City Codes by all cognizant City Agencies and departments to
meet all applicable City Code requirements.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department/' . �J
City Manager: r
V V " L
CENTERVILLE 3 & 4
.USF-» B.C. Investments, LLC
.� April 11, 2012 Public Hearing
Rio Includes Conditions of Use Permit
Added by Planning Commission at Hearing
P,•��;' . APPLICANT:
BC INVESTMENTS,
LLC
1
a� -
� eeH, � t�� t r r' PROPERTY OWNER:
j_,p ,a, RCC SALEM
�1 PDH1
y�
CUP - SeN SLAKES II LLC j'";,,,,�'"""°"p^�"'• �°"' rorage '
roxa o`.er.
SALEM LAKES II,
LLC
STAFF PLANNER: Carolyn A.K. Smith
REQUEST:
Modification of Conditional Change of Zoning approved by the City Council on October 27, 1998.
Conditional Use Permit for mini-warehouse/self-storage facility with outdoor bulk storage.
ADDRESS / DESCRIPTION:
GPIN:
ELECTION DISTRICT:
SITE SIZE:
AICUZ:
14759057190000
CENTERVILLE
2.256 acres
Less than 65 dB DNL
The Conditional Rezoning from R -5D to Conditional B-2 on this SUMMARY OF REQUEST
site was approved by the City Council on October 27, 1998.
The change of zoning permitted the expansion of the existing food store and shopping center, the
relocation of retail shops, and the creation of an outparcel. With this request, the applicant proposes to
eliminate the shopping center expansion, which was proposed entirely on this site, and construct a three-
story, mini -warehouse facility with outdoor storage. Modifications to the Proffer Agreement and a
Conditional Use Permit are required.
As the shopping center is off-site and is governed by the conditions of the PD -H1 District, the applicant is
only required to modify the existing proffers that govern this vacant, 2.25 acre site. For simplicity, the new
proposed Proffer Agreement will supersede the current agreement as the changes proposed vary greatly
from the 1998 request.
BC INVESTMENTS, LLC
Agenda Item 3 & 4
Page 1
The 78,600 square foot, 34 -foot tall, climate -controlled building is proposed with a mix of exterior building
materials to include: neutral color split -faced block veneer and metal wall panels, storefront windows and
green standing seam metal roof. A decorative eight -foot high, wrought -iron style fence is proposed to
provide some visual interest between this site and the shopping center to the south. In addition, as
required, an eight -foot, solid vinyl fence is also proposed which will enclose the 25,000 square foot
outdoor storage area. The storage area is for residential use only and is intended to provide a location for
the safe storage of boats, recreational vehicles, trailers, and motorcycles, but not commercial vehicles. A
30 -foot wide planted buffer is proposed along the northern property line adjacent to the multifamily units
to the north, where the outdoor storage is proposed. The buffer transitions to the minimum required 15 -
foot planted buffer along the remainder of the property line that is adjacent to these same residential
units. Ten parking spaces, foundation plantings, and a stormwater management facility are also depicted
on the proffered plan. Ingress and egress is proposed utilizing the existing entrance into the shopping
center via an easement.
REVISION TO PROFFERS AND SITE PLAN AFTER PLANNING COMMISSION HEARING: The
applicant submitted a revised site plan and proffer agreement after the Planning Commission meeting to
reflect a reduction in the square footage of the self -storage building from 78,600 square feet to 64,875
square feet. The revised plan is included at the end of this report.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Undeveloped vacant site
SURROUNDING LAND North: . Multifamily dwellings/ PD -1-11 District
USE AND ZONING: South: . Shopping center/ PD -H1 District
East: . Single-family, duplex / R -5D Residential District
West: . Salem Road
• Open space (golf course) / P-1 Preservation District
NATURAL RESOURCE AND CULTURAL FEATURES: This site is located in the Southern Watersheds
Management Area. There do not appear to be any significant natural or cultural features on the site. The
applicant is aware that stormwater quantity and quality will have to be addressed during site plan review and
that the proposed stormwater management facility must meet minimum setback requirements from both the
right-of-way and from the building.
COMPREHENSIVE PLAN: This site is located within the Suburban Area. The Plan contains policies to guide
and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the
Suburban Area. The Plan also reinforces suburban characteristics of commercial centers and other non-
residential areas that make-up part of the Suburban Area. Three key planning principles have been
established in the Comprehensive Plan to guard against possible threats to this stability: preserve
neighborhood quality, create and protect open spaces, and suburban mobility. Achieving the goals of
preserving neighborhood quality requires that all new development or redevelopment, whether residential or
non-residential, either maintain or enhance the overall development of the area. This is accomplished by
having development proposals either maintain or enhance the existing neighborhood through compatibility with
surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility,
livability, buffering of residential from other residential and non-residential with respect to type, size, intensity,
and relationship to the surrounding uses.
Benda Item & 4
Paige 2
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Salem Road in
the vicinity of this application is considered a 2 -lane undivided minor suburban arterial. The MTP proposes a
4 -lane facility within a 125 foot right-of-way. Currently, this segment of roadway is functioning under -capacity
at a LOS C or better. No roadway CIP projects are slated for this section of roadway.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Salem Road
11,355 ADT
13,600 ADT (Level of
Existing Land Use — 819
Service "C") - 16,200
ADT
ADT' (Level of Service
Proposed Land Use 3—
"E")
197 ADT Phase 1
155 ADT Phase 2
351 ADT Total
Average Daily Trips
2 as defined by retail never constructed
Sas defined by both Phase 1 78,600 SF and Phase 2 61,800 SF of self -storage
WATER: This site must connect to City water. There is an existing 16 -inch City water main along Salem Road.
SEWER: This site must connect to City sanitary sewer. There is an existing 8 -inch City sanitary gravity main
and an existing 16 -inch City sanitary sewer force main along Salem Road. The site is within the Pump Station
#565 boundary. An option may be to connect to the gravity sanitary sewer on Salem Road, within the Pump
Station #567 boundary. If a connection into Pump Station #567 is pursued, upgrade fees and analysis will be
required to ensure future flows can be accommodated.
EVALUATION AND RECOMMENDATION
NOTE: The evaluation and recommendation below are the same as provided to the Planning
Commission for the April 11 Public Hearing. As noted in the City Council Agenda Item report, based on
several conditions added by the Planning Commission, staff now recommends approval of both the self -
storage facility and the outdoor storage yard.
Staff recommends approval of this modification to the proffer agreement as well as the Use Permit for the
mini -warehouse facility; however, Staff recommends denial of the bulk storage yard portion of the Use
Permit.
The Comprehensive Plan's policies for the Suburban Area call for protection of the overall character,
economic value, and aesthetic quality of stable neighborhoods. Three key planning principles of the ,Plan
BC INVES!'MENTS; LC
Agenda Item 3s& 4
Pa0e 3
guard against possible threats to neighborhoods: preserve neighborhood quality, create and protect open
spaces, and suburban mobility through connections. While the applicant's proposal for the mini -
warehouse facility will be completely enclosed within a climate -controlled building and is viewed as
compatible with the multifamily to the north, it is the outdoor storage area that Staff finds inconsistent with
the key planning principles of the Comprehensive Plan for the Suburban Area. The enclosed self -storage
facility is designed such that it appears to be an office building, and thus, fits into this primarily residential
area. The bulk storage yard, even when fenced and screened, presents an activity and appearance to the
area this more semi -industrial in nature. There is the potential that the stored vehicles in the outdoor area
will be visible from at least the upper stories of the multifamily dwellings. It is not a matter of residents
looking at an adjacent parking lot but rather a visually unappealing area filled with trailers, recreational
vehicles, motorcycles and boats.
The Comprehensive Plan recommends that non-residential uses that adjoin residential uses in the
Suburban Area employ effective landscape design techniques, including the placement of appropriate
plant materials to buffer or screen such uses and the applicant has done just that. However, even with
the additional plant material proffered, this does not compensate for or replace good planning principles
that recommend objectionable uses not be located adjacent to residential units — whether they be single
family homes or apartment buildings. Based on this, Staff recommends denial of the bulk storage yard
and approval of the modification of the proffers and the Conditional Use Permit for the self storage facility.
CONDITIONS
ADDED BY PLANNING COMMISSION ACTION
ON APRIL 11, 2012
1. The outdoor storage area shall only be used for storing licensed and operable motor
homes / recreational vehicles (RV's), watercraft, trailers, and motor vehicles. No
construction equipment, dump trucks, towed vehicles, or materials of any kind shall be
permitted to be stored within the area.
2. The outdoor storage yard shall be enclosed by the two types of fencing, the eastern wall
of the storage building, and the gate, as depicted and described on the "Zoning &
Condition Use Exhibit for Salem Road Self Storage" prepared by Kellam Gerwitz, dated
1/25/12.
3. The landscape screening and tree preservation depicted on the plan referenced in
Condition 2 shall be installed substantially as depicted and described on said plan and
shall be maintained in good condition and health at all times.
4. A photometric plan shall be submitted for review during detailed site plan review. The
plan shall include the location of all poles and building mounted lighting fixtures, and the
listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent
with those standards recommended by the Illumination Engineering Society of North
America. The plan shall include provisions for implementing low-level security lighting for
non -business hours. Lighting on the northern side of the property is of particular concern
due to the adjacent residential areas. The lighting proposed for that side of the building
shall not be installed until approved by the Department of Planning / Current Planning.
5. The hours of operation for the self -storage and the outdoor storage area shall be 7 a.m.
to 8 p.m.
6. The applicant shall install security cameras that provide surveillance of the outdoor
storage area.
BC INVESffiIINTS,.LC
Agernda Item 3& 4
Page 4
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:
When the Property is developed, it shall be landscaped and developed substantially as shown on the exhibit
entitled, "Zoning & Conditional Use Exhibit For Salem Road Self Storage" date 01/30/12, prepared by Kellam
Gerwitz, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter referred to as the "Site Plan").
PROFFER 2:
When the Property is developed, the exterior and building mounted signage of the Salem Road Self Storage
building shown on the Site plan shall be substantially similar in appearance to and shall utilize the external
building materials as designated on the exhibit entitled, "Sale Road Self Storage Elevations for B.C.
Investments, LLC," dated January 30, 2012, prepared by G.M. Frech & Associates, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
(hereinafter referred to as the "Elevation Plan").
PROFFER 3:
When the Property is developed, the freestanding sign shall be monument style, shall not exceed a height of
twelve feet (12') and the base shall match the masonry utilized on the storage building depicted on the
Elevation Plan.
PROFFER 4:
The only uses which are permitted on the Property in addition to or in place of the storage facility depicted
on the Site Plan are uses which are permitted in the B -1A Limited Community Business District.
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project.
The City Attorney's Office has reviewed the proffer agreement dated January 30, 2012, and found it to be
legally sufficient and in acceptable legal form.
9 l77
BC INVESt VlE�l' T— it Q
AgOnda Item �',A 4
Pa4e 5
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.
� -010011110 LVA
i Item & 4
Page 6
C, Ile
ct-
orest -
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OWN
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=IBM'
Salem Lakes Blvd.
s e�i W G
y
I
Hilty � v
ovoe w3m j
s
PROPOSED SITE PLAN
BC INVESTMENTS, LLC'"
Agenda Item 3 & 42
Page 8
W u�
"R
w
}>
PROPOSED SITE PLAN
BC INVESTMENTS, LLC'"
Agenda Item 3 & 42
Page 8
SALEM LAKES BLVD
J
1998 APPROVED SITE LAYOUT
BC INVESTMENTS, LLC
Agenda Item 3 & 4
Page 9
SALEM ROAD RENDERING
BC INVESTMENTS, LLC
Agenda Item 3 & 4
n3
Page 10
a=�0
�a
4
i
04
L
AERIAL PERSPECTIVE RENDERING
BC INVESTMENTS, LLC
Agenda Item 3 & 4
Page 11
SOUTH RENDERING
BC INVESTMENTS, LLC
Agenda Item 3 & 4
Page 12
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
09/09/03
REZ PD -H1 to R -5D
Granted
2
10/27/98
MOD & REZ (PD -H1 to Conditional B-2)
Granted
11/24/92
CUP church
Granted
3
07/09/90
REZ PD -H2 to P-1)Granted
BC INVESTMENTS, LLC
Agenda Item 3 & 4
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)
B.C. Investments, LLC, a Virginia limited liability company: William R. Burnette, Jr.,
Sole 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)
RCC Salem Lakes 11, LLC: Roby Hackney, Ashby Hackney & Michael Palmore,
Members; Salem Lakes II, LLC: 900 East Marshall Street Associates, LP, Member:
Jack Hanky and Herman Beckstoffer, Partners
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.
& See next page for footnotes
Modification of Conditions Application
Page 10 of 11
DISCLOSURE STATEMENT
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)
G.M. Frech, Architect
Sykes, Bourdon, Ahem & Levy, P.C.
Robert S. Kellam, Kellam Gerwitz Engineering
I "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means 'a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
Include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package.
B.C. In L stm�jnt�, C
By; .r(,� /� William R. Burnette, Jr., Member
Applicant's Signature Print Name
RCC Salem L es C
By; - - Ashby R. Hackney, Member
Property Owner's Sign ure (if differ n than applicant) Print Name
By: �R1lc, , c / ' Jack Hanky, Partner of 900 Fast
Frnnv era Sirnietu Cd different an aDWicent) Marshall Street Associates, LP Member
DISCLOSURE STATEMENT
BC INVESTfi/IE14T.
Agenda Item
Pa
C
LC,
K4
15
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)
B.C. Investments, LLC: William R. Bumette, Jr., Sole 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)
RCC Salem Lakes II, LLC: Roby Hackney, Ashby Hackney & Michael Palmore,
Members; Salem Lakes II, LLC: 900 East Marshall Street Associates, LP, Member:
Jack Hanky and Herman Beckstoffer, Partners
2. List all businesses that have a parent -subsidiary' or affiliated business earl
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
Conditional Use Permit Application
Page 9 of 10
Revised 9/1/2004
DISCLOSURE STATEMENT
BC INVES IM, ENTS
Agenda Item
Pa,
44
16
DISCLOSURE STATEMEN]JI
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)
G.M. Frech, Architect
Sykes, Bourdon, Ahem & Levy, P.C.
Robert S. Kellam, Kellam Gerwitz Engineering
I "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package.
nvestme , LIQ:
William R. Burnette, Jr., Member
Applicant's Signature Print Name
RCC le L II, LL
g : Ashby R. Hackney, Member
Property owners gnature (if rent than applicant) Print Name
_ .�]GPw.ili� / Jack Hanky, Partner of 900 Fast
By:
,.rp RlnnAti�rw If iHerent th I' b Marshall Street Associates, LP Member
DISCLOSURE STATEMENT
BC INVE�TAIIE
Agenda
Item& 4
Pa�417
43:
.'J
Item #3 & 4
B.C. Investments, L.L.C.
Modification of Proffers
Conditional Use Permit
East side of Salem Road
District 7
Princess Anne
April 11, 2012
REGULAR
CONDITIONS
1. The outdoor storage area shall only be used for storing licensed and operable motor homes /
recreational vehicles (RV's), watercraft, trailers, and motor vehicles. No construction
equipment, dump trucks, towed vehicles, or materials of any kind shall be permitted to be
stored within the area.
2. The outdoor storage yard shall be enclosed by the two types of fencing, the eastern wall of
the storage building, and the gate, as depicted and described on the "Zoning & Condition Use
Exhibit for Salem Road Self Storage" prepared by Kellam Gerwitz, dated 1/25/12.
3. The landscape screening and tree preservation depicted on the plan referenced in Condition 2
shall be installed substantially as depicted and described on said plan and shall be maintained
in good condition and health at all times.
4. A photometric plan shall be submitted for review during detailed site plan review. The plan
shall include the location of all poles and building mounted lighting fixtures, and the listing
of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with
those standards recommended by the Illumination Engineering Society of North America.
The plan shall include provisions for implementing low-level security lighting for non-
business hours. Lighting on the northern side of the property is of particular concern due to
the adjacent residential areas. The lighting proposed for that side of the building shall not be
installed until approved by the Department of Planning / Current Planning.
5. The hours of operation for the self -storage and outdoor storage area shall be 7:00 a.m. to 8:00
p.m.
6. The applicant shall install security cameras to provide surveillance of the outdoor storage
area.
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
Item #3 & 4
B.C. Investments, L.L.C.
Page 2
recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed
with this change of zoning.
PROFFER 1:
When the Property is developed, it shall be landscaped and developed substantially as shown on the
exhibit entitled, "Zoning & Conditional Use Exhibit For Salem Road Self Storage" date 01/25/12,
prepared by Kellam Gerwitz, which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan").
PROFFER 2:
When the Property is developed, the exterior and building mounted signage of the Salem Road Self
Storage building shown on the Site plan shall be substantially similar in appearance to and shall
utilize the external building materials as designated on the exhibit entitled, "Sale Road Self Storage
Elevations for B.C. Investments, LLC," dated January 30, 2012, prepared by G.M. Frech &
Associates, which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plan").
PROFFER 3:
When the Property is developed, the freestanding sign shall be monument style, shall not exceed a
height of twelve feet (12') and the base shall match the masonry utilized on the storage building
depicted on the Elevation Plan.
PROFFER 4:
The only uses which are permitted on the Property in addition to or in place of the storage facility
depicted on the Site Plan are uses which are permitted in the B -IA Limited Community Business
District.
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and
administration of applicable City Codes by all cognizant City Agencies and departments to meet all
applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality
of the project.
The City Attorney's Office has reviewed the proffer agreement dated January 30, 2012, and found
it to be legally sufficient and in acceptable legal form.
Item #3 & 4
B.C. Investments, L.L.C.
Page 3
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.
AYE 9
BERNAS
AYE
FELTON
AYE
HENLEY
HODGSON
AYE
HORSLEY
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUCINSKI
AYE
RUSSO
AYE
THORNTON
AYE
NAY 0 ABS 0 ABSENT 2
ABSENT
ABSENT
By a vote of 9-0, the Commission approved items 3 & 4.
Eddie Bourdon appeared on behalf of the applicant. There was no opposition.
BEa�
t
rs OF OUR NPZ���S
In Reply Refer To Our File No. DF -8304
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: April 27, 2012
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilso DEPT: City Attorney
RE: Conditional Zoning Application; B.C. Investments, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on May 8, 2012. 1 have reviewed the subject proffer agreement, dated
January 30, 2012 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ks
Enclosure
cc: Kathleen Hassen
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
B.C. INVESTMENTS, LLC, a Virginia limited liability company
RCC SALEM LAKES II, LLC, a Virginia limited liability company
SALEM LAKES II, LLC, 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 30th day of January, 2012, by and between B.C.
INVESTMENTS, LLC, a Virginia limited liability company, party of the first part, Grantor;
RCC SALEM LAKES II, LLC, a Virginia limited liability company, and SALEM LAKES II,
LLC, a Virginia limited liability company, together herein referred to as the party of the
second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, party of the third part, Grantee.
WITNESSETH:
WHEREAS, the parties of the second part are the owners of that certain parcel of
land. which is hereinafter referred to as the "Property" located in the Princess Anne District
of the City of Virginia Beach, Virginia, containing approximately 2.256 acres. The Property
is more particularly described in Exhibit "A" attached hereto and incorporated herein by
this reference; and
WHEREAS, the party of the first part as contract purchaser of the Property has
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 B-2
Commercial Zoning Classification applicable to approximately 2.157 acres of the Property;
and
GPIN: 1475-90-5719
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
WHEREAS, the Grantors have requested Grantee to permit this modification of the
previously proffered Covenants, Restrictions and Conditions dated August 24, 1998 and
recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia
in Deed Book 3975, at Page 2165 (hereinafter "1998 Proffers"), to reflect an amendment to
the land use plan applicable to most of the Property; and
WHEREAS, it is the intent of the Grantors that the proffered covenants, restrictions
and conditions contained herein replace and supersede those contained in the 1998
Proffers, but only to the extent that they apply to the Property as herein described; 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
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 q_uo. for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following amended declaration of conditions and
restrictions which 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:
2
1. When the Property is developed, it shall be landscaped and developed
substantially as shown on the exhibit entitled "ZONING & CONDITION USE EXHIBIT FOR
SALEM ROAD SELF STORAGE" dated 01/30/12, prepared by Kellam Gerwitz, which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter referred to as the "Site Plan").
2. When the Property is developed, the exterior and building mounted signage
of the Salem Road Self Storage building shown on the Site Plan shall be substantially similar
in appearance to and shall utilize the external building materials as designated on the
exhibit entitled "Salem Road Self Storage Elevations For B.C. Investments LLC", dated
January 30, 2012, prepared by G.M. Frech & Associates, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
(hereinafter referred to as the "Elevation Plan").
3. When the Property is developed, the freestanding sign shall be monument
style, shall not exceed a height of twelve feet (12') and the base shall match the masonry
utilized on the storage building depicted on the Elevation Plan.
4. The only uses which are permitted on the Property in addition to or in place
of the storage facility depicted on the Site Plan are uses which are permitted in the B -1A
Limited Community Business District.
5. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
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
3
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
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.
rd
WITNESS the following signature and seal:
Grantor:
B.C. Investments, LLC, a Virginia limited liability
company
By. `l (SEAL)
William R. Burnette, Jr., ember
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 1St day of February,
2012, by William R. Burnette, Jr., Member of B.C. Investments, LLC, a Virginia limited
liability company, Grantor.
Notary Public
My Commission Expires: August 31, 2014
Notary Registration No.: 192628
5
WITNESS the following signature and seal:
Grantor:
RCC Salem Lakes II,C, a Virginia limited liability
company. ` P
By: / ti- . �/ - v- v
Ashby R. Hac ey, Member
OF VIRGIJA
CITY/`COUNTY a�r"a r , to -wit:
. A
The foregoing instrument was acknowledged before me this Sr day of February,
2012, Ashby R. Hackney, Member of RCC Salem Lakes II, LLC, a Virginia limited liability
company, Grantor.
Notary Public
My Commission Expires: 4 " j. ) 0
Notary Registration Number: '`-)
LL : REGI IRATION No'
'• Z
4174858
MY COMM. EXPIRES;
0313112014
OpVFRG\N\P.'G
��''/ �OtARY Pv�����\\.
1.1
WITNESS the following signature and seal:
Grantor:
Salem Lakes II, LLC, a Virginia limited liability company
By: goo East Marshall Street Associates, LP, Member
Jack Hanky, Partner
E OF
X
COUNTY 0 , to -wit:
The foregoing instrument was acknowledged before me this day of February,
2012, by Jack Hanky, Partner of goo East Marshall Street Associates, LP, Sole Member of
Salem Lakes II, LLC, a Virginia limited liability company, Grantor.
Notary Public
My Commission Expires: fiti—di � /T
Notary Registration Number: z ILI
.: REGIS <r •, tai
1RqTON
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PU
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7
EXHIBIT 4W
ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of
Virginia Beach, Virginia, being designated as Parcel 1 as shown on that certain plat entitled,
"AMENDED SUBDIVISION OF PARCEL B-1, SALEM LAKES MARKETPLACE, VIRGINIA
BEACH, VIRGINIA", dated November 6, 2oo8, and made by Engineering Services, Inc.,
said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, as Instrument Number 200901050000069oo, to which reference is made
for a more particular description.
GPIN: 1475-90-5719
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: BILLY W. CHAPLAIN, Modification of Proffers and Modification of a
Conditional Use Permit for Bulk Storage, both approved by City Council on
August 14, 2001, and Conditional Use Permit for Automobile and Small Engine
Repair, 849 & 853 Virginia Beach Boulevard (GPIN 2417862074). BEACH
DISTRICT.
MEETING DATE: May 8, 2012
■ Background:
First, the applicant requests modification of Proffer 1 of the Conditional Zoninq
Agreement approved on August 14, 2001:
"Although the Property shall be zoned B-2 Community Business District, the
Property shall only be used as a bulk storage yard and building contractor yard.
This use shall also be governed by the conditions of a Conditional Use Permit
which limits the use to ten (10) years from the date of adoption by Grantee and
further requires the Grantor to terminate the use prior to the end of the ten (10)
year term in the event that:
(a) The land on the adjacent property at 853 Virginia Beach Boulevard
changes to something other than an automobile service and repair
garage; or
(b) The land use on the adjacent property to the south changes to
something other than a residential trailer park."
Second, applicant requests modification of Condition 7 of the Conditional Use Permit for
a bulk storage yard for automobiles and building contractor items, as approved by the
City Council on August 14, 2001:
"This Conditional Use Permit is valid for ten (10) years from the date of City
Council's approval or when one of the following occurs prior to the end of the ten
(10) year term:
a. The land use on the adjacent property at 853 Virginia Beach Boulevard
changes to something other than an automobile service and repair
garage;
b. The land use on the adjacent property to the south changes to
something other than a residential trailer park.
If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of
the City of Virginia Beach, be revoked and rescinded upon thirty (30) days written
notice to the land owner."
Billy W. Chaplain
Page 2of4
Third, the applicant requests a new Conditional Use Permit for Automobile and Small
Engine Repair for the entire building located at 849-853 Virginia Beach Boulevard.
Previously, the east side of the building was occupied by a silk screening business. That
business has vacated the building, and the applicant would like to expand his repair
business into that portion of the building.
The Conditional Change of Zoning and Conditional Use Permit were approved by the
City Council in 2001, each with a ten year time limit. The ten years expired in August
2011. The applicant became aware that the time limitation had expired, and thus, has
applied to extend the time period for the uses on the site. The applicant included with his
application a statement that the current economic conditions have hindered the much
anticipated redevelopment of the adjacent residential mobile home park property to the
south as well as this site. The applicant also states that uses on the site are limited due
to the Air Installations Compatible Use Zones Overlay on the site. The site is located
within a 70-75 dB DNL AICUZ. Due to these issues, the applicant requests that the time
limit for the uses on the site be extended for an additional five years.
■ Considerations:
The request for an extension of the time limit on the bulk storage use permit as well as
the request to expand the automotive and small engine repair into the eastern side of the
building is acceptable. As proffered, the bulk storage use is only intended as a
temporary use. While it is acknowledged that the site is located on an entryway into the
Oceanfront Resort, the area surrounding the subject site is not experiencing the type of
redevelopment activity that is occurring to the north.
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 with
the following proffers and conditions:
MODIFIED PROFFER OF 2001 CONDITIONAL CHANGE OF ZONING
PROFFER 1:
"Although the Property shall be zoned B-2 Community Business District, the Property shall
only be used as a bulk storage yard and building contractors yard. This use shall also be
governed by the conditions of a Conditional Use Permit which limits the use to five (5) years
from the date of adoption by Grantee and further requires the Grantor to terminate the use
prior to the end of the five (5) year term in the event that:
(a) The land on the adjacent property at 853 Virginia Beach Boulevard changes to
something other than an automobile service and repair garage; or
(b) The land use on the adjacent property to the south changes to something other
than a residential trailer park."
Billy W. Chaplain
Page 3 of 4
MODIFICATION OF CONDITIONS OF CURRENT 2001 USE PERMIT
1. All conditions with the exception of Number 7 attached to the Conditional Use Permit granted
by the City Council on August 14, 2001, shall remain in effect.
2. Condition Number 7 of the August 14, 2001 Conditional Use Permit is deleted and replaced
with the following: "This Conditional Use Permit is valid for five (5) years from the date of City
Council's approval or when one of the following occurs prior to the end of the five (5) year
term:
a. The land use on the adjacent property at 853 Virginia Beach Boulevard changes to
something other than an automobile service and repair garage;
b. The land use on the adjacent property to the south changes to something other than
a residential trailer park.
If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of
Virginia Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner.
CONDITIONS OF NEW USE PERMIT
1. Parking for employees shall be met behind the building, not in the parking areas adjacent to
Virginia Beach Boulevard and Washington Avenue. The area shall be improved with curb,
gutter, and pavement. The applicant may request a deferral of on-site improvements,
however in the minimum the parking area shall be improved with gravel and some means of
delineation of the parking area.
2. Vehicles shall not maneuver directly (back out) into Virginia Beach Boulevard from the
automotive repair bay.
3. All repair work shall be performed inside the building.
4. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in
this condition require storage, then such vehicles shall be stored inside the building.
5. All wrecked, junked, and inoperative vehicles, debris, engine parts, and old tires shall be
removed from the automotive / bulk storage area on the site.
6. Tires and rims for sale shall not be displayed outside of the building.
7. All used tires shall be stored in an area which is not visible from any adjoining property or
right-of-way and maintained in a mosquito free environment. There shall be no more than 30
used tires stored on the site at any time.
Billy W. Chaplain
Page 4 of 4
8. Parking for employees shall be met behind the building, not in the parking areas adjacent to
Virginia Beach Boulevard and Washington Avenue. The area shall be improved with curb,
gutter, and pavement. The applicant may request a deferral of on-site improvements,
however in the minimum the parking area shall be improved with gravel and some means of
delineation of the parking area.
9. Vehicles shall not maneuver directly (back out) into Virginia Beach Boulevard from the
automotive repair bay.
10. All repair work shall be performed inside the building.
11. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in
this condition require storage, then such vehicles shall be stored inside the building.
12. All wrecked, junked, and inoperative vehicles, debris, engine parts, and old tires shall be
removed from the automotive / bulk storage area on the site.
13. Tires and rims for sale shall not be displayed outside of the building.
14. All used tires shall be stored in an area which is not visible from any adjoining property or
right-of-way and maintained in a mosquito free environment. There shall be no more than 30
used tires stored on the site at any time.
15. All signage on the site shall conform to the requirements of the City Zoning Ordinance. There
shall be no other signs, neon signs or neon accents installed on any wall area of the building,
on the windows and / or doors, light poles, or any other portions of the site. There shall be
pennants, ribbons, streamers, spinners, strings of light bulbs, electronic display signs or
other similar moving devices.
16. Category 1 landscape screening shall be installed along the eastern and southern property
lines (particularly adjacent to the existing mobile home located to the south of the property).
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
City Manage . S 1,'�,
EACH
rlul,lr *
Billy W. Chaplain
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CUP- Automobile 8 Small Eng/ne Repalrs
12 & 13
April 11, 2012 Public Hearing
APPLICANT AND PROPERTY
OWNER:
BILLY W.
CHAPLAIN
STAFF PLANNER: Faith Christie
REQUEST:
Modification of Proffers approved by City Council August 14, 2001
Modification of a Conditional Use Permit for Bulk Storage approved by City Council August 14, 2001
Conditional Use Permit for Automobile and Small Engine Repairs
ADDRESS / DESCRIPTION: 849 & 853 Virginia Beach Boulevard and 1608 Washington Avenue
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24178620740000 BEACH 30,000 square feet 70-75 dB DNL
SUMMARY OF REQUEST
The Conditional Rezoning agreement approved on August 14, 2001, has three proffers. The applicant
desires to modify Proffer 1:
"Although the Property shall be zoned B-2 Community Business District, the Property shall only be used
as a bulk storage yard and building contractor yard. This use shall also be governed by the conditions of
a Conditional Use Permit which limits the use to ten (10) years from the date of adoption by Grantee and
further requires the Grantor to terminate the use prior to the end of the ten (10) year term in the event
that:
(a) The land on the adjacent property at 853 Virginia Beach Boulevard changes to something other
than an automobile service and repair garage; or
(b) The land use on the adjacent property to the south changes to something other than a residential
trailer park. "
BILLY W. CHAPLAIN
Agenda Item 12 & 13
Page 1
The Conditional Use Permit permitting a bulk storage yard for automobiles and building contractor items
was approved by the City Council on August 14, 2001. The Conditional Use Permit has seven conditions.
The applicant desires modification of Condition 7:
"This Conditional Use Permit is valid for ten (10) years from the date of City Council's approval or when
one of the following occurs prior to the end of the ten (10) year term:
a. The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something
other than an automobile service and repair garage;
b. The land use on the adjacent property to the south changes to something other than a residential
trailer park.
If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of Virginia
Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner."
The applicant is also requesting a Conditional Use Permit for Automobile and Small Engine Repair for the
entire building located at 849 1853 Virginia Beach Boulevard. Previously, the east side of the building was
occupied by a silk screening business. That business has vacated the building, and the applicant would
like to expand his repair business into that portion of the building.
The applicant states that the current economic conditions have hindered the much anticipated re-
development of the adjacent residential mobile home park property to the south as well as this site. The
applicant also states that uses on the site are limited due to the Special Regulations in the Air
Installations Compatible Use Zones overlay on the site. The site is located within a 70-75 dB Ldn AICUZ
zone. Due to these issues the applicant is requesting that the time limit for this use on the site be
extended for an additional five years.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: The site is occupied by a single -story commercial building, constructed in 1935, and a
bulk storage yard, used for towed vehicles. Pavement extends from the building walls to the rights -of -ways
lines along Virginia Beach Boulevard and Washington Avenue. The site is zoned RT -3 Resort Tourist and
Conditional B-2 Community Business.
SURROUNDING LAND North: . Virginia Beach Boulevard
USE AND ZONING: . Across Virginia Beach Boulevard is the Beach Services Center
/ RT -3 Resort Tourist District
South: . Mobile home park / A-12 Apartment District
East: . Washington Avenue
• Across Washington Avenue is automotive repair and a gun
shop / RT -3 Resort Tourist District
West: . A motel and mobile home park / RT -3 Resort Tourist District
and A-12 Apartment District
NATURAL RESOURCE AND There are no significant natural resources or cultural features associated
CULTURAL FEATURES: with the site.
COMPREHENSIVE PLAN: Urban Area - Resort Strategic Growth Area (SGA)
The Comprehensive Plan designates this area of the City as Urban Area - Strategic Growth Area 8, Resort
BILLY W. CHAPLAIN
Agenda Item 12 & 13
Page 2
Area. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the
Resort Area into a major activity center with strong neighborhoods and increased economic growth. Further,
the site is located in the Central Beach District of the Resort Area Strategic Action Plan (RASAP) and in
proximity to the Convention Center. The area has great potential for future redevelopment associated with the
Convention Center and potentially increased development opportunities resulting from light rail or some other
form of rapid transit service, as is being studied in the Virginia Beach Transit Extension Study (VBTES), as
well as from the new Oceanfront Resort District Form -Based Code, which is in draft.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The
modification to the existing use permit and conditional zoning does not affect the traffic counts for the site.
WATER and SEWER: This site is connected to City water and sewer.
SCHOOLS: School populations are not affected by this request.
EVALUATION AND RECOMMENDATION
The request for an extension of the time limit on the bulk storage use permit as well as the request to
expand the automotive and small engine repair into the eastern side of the building is acceptable. As
proffered the bulk storage use is only intended as a temporary use. While this site is located on an
entryway into the Oceanfront, this area is not experiencing the redevelopment activity that is occurring in
the northern area of the Oceanfront. Staff recommends approval of the requested use permit for
automotive and small engine repair and the modifications to the existing proffered zoning agreement and
use permit for bulk storage, as proffered and conditioned below.
MODIFIED PROFFERS
PROFFER 1:
"Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a
bulk storage yard and building contractors yard. This use shall also be governed by the conditions of a
Conditional Use Permit which limits the use to five (5) years from the date of adoption by Grantee and further
requires the Grantor to terminate the use prior to the end of the five (5)) year term in the event that:
(a) The land on the adjacent property at 853 Virginia Beach Boulevard changes to something other than
an automobile service and repair garage; or
(b) The land use on the adjacent property to the south changes to something other than a residential
trailer park."
BILLY W. CHAPLAIN
Agenda Item 12 & 13
Page 3
MODIFICATION OF CONDITIONS OF EXISTING USE PERMIT
1. All conditions with the exception of Number 7 attached to the Conditional Use Permit granted by the
City Council on August 14, 2001, shall remain in effect.
2. Condition Number 7 of the August 14 , 2001 Conditional Use Permit is deleted and replaced with the
following: "This Conditional Use Permit is valid for teR (10) five 5 years from the date of City
Council's approval or when one of the following occurs prior to the end of the ten (10) five 5 year
term:
a. The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other
than an automobile service and repair garage;
b. The land use on the adjacent property to the south changes to something other than a residential
trailer park.
If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of Virginia
Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner.
CONDITIONS OF NEW USE PERMIT
1. Parking for employees shall be met behind the building, not in the parking areas adjacent to Virginia
Beach Boulevard and Washington Avenue. The area shall be improved with curb, gutter, and
pavement. The applicant may request a deferral of on-site improvements, however in the minimum the
parking area shall be improved with gravel and some means of delineation of the parking area.
2. Vehicles shall not maneuver directly (back out) into Virginia Beach Boulevard from the automotive
repair bay.
3. All repair work shall be performed inside the building.
4. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this
condition require storage, then such vehicles shall be stored inside the building.
5. All wrecked, junked, and inoperative vehicles, debris, engine parts, and old tires shall be removed
from the automotive / bulk storage area on the site.
6. Tires and rims for sale shall not be displayed outside of the building.
7. All used tires shall be stored in an area which is not visible from any adjoining property or right-of-way
and maintained in a mosquito free environment. There shall be no more than 30 used tires stored on
the site at any time.
8. All signage on the site shall conform to the requirements of the City Zoning Ordinance. There shall be
no other signs, neon signs or neon accents installed on any wall area of the building, on the windows
and / or doors, light poles, or any other portions of the site. There shall be pennants, ribbons,
streamers, spinners, strings of light bulbs, electronic display signs or other similar moving devices.
9. Category 1 landscape screening shall be installed along the eastern and southern property lines
(particularly adjacent to the existing mobile home located to the south of the property).
BILLY W. CHAPLAIN
Agenda Item 12 & 13
Page 4
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.
BILLY W. CHAPLAIN
Agenda Item 12 & 13
Page 5
AERIAL OF SITE LOCATION
BILLY W. CHAPLAIN
Agenda Item 12 & 13
Page 6
HIS IS TO CERTIFY THAT ON NOVEMBER 25 2011 1 SURVEYED THE PROPERTY SHOWN ON THIS PLAT
ND THAT THE TITLE LINES AND WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY
BTHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN.
o1ea:
HIS SURVEY WAS PREPARED WITHOUT THE
ENEFIT OF A TITLE REPORT.
HIS SURVEY IS NOT INTENDED TO SHOW ANY
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PROPOSED SITE PLAN
BILLY W. CHAPLAIN
Agenda Item 12 & 13
Page 7
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
8/14/01
3/27/01
8/11/92
Conditional Use Permit (Bulk Storage)
Rezoning (A-12 Apartment to Conditional B-2 Business)
Conditional Use Permit Automotive Repair)
Approved
Approved
Approved
2
3/2/09
Alterations to a Nonconforming Use
Approved
3
5/9/00
Rezoning A-12 Apartment to R5 -S Residential
Approved
4
11/23/10
Rezoning A-12 Apartment to R5 -S Residential
Approved
5
2/14/83
Street Closure
Approved
6
10/24/05
Street Closure
Approved
The site was zoned C -G2 General Commercial and M-1-2 General Industrial until November 1973. From
November 1973 to July 1977 the site was zoned B-2 Business and A-1 Apartment. From July 1977 to
April 1988 the site was zoned C-1 Arts and Conference and A-1 Apartment. In April 1988 the site was
zoned RT -3 Resort Tourist and A-12 Apartment.
BILLY W. CHAPLAIN
Agenda Item 12 & 13wG
Page 8'
S r
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)
Billy W. Chaplain
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
firm, X Check here if the applicant is NOT a corporation, partnership, f 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 listifnecessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
8 See next page for footnotes
Conditional Use Permit Application
Page 9 of 10
Revised g/1!2004
DISCLOSURE STATEMENT
BILLY W. CHAPLAIN
Agenda Item 12 & 13
Page 9
FE7�: 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, Ahern & Levy, P.C.
artin Engineering, Inc.
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photpgraph and view the site for purposes of processing and evaluating this application.
pplican s Sig ture Print
Property Owner's Signature (if different than applicant) Print Name
conditional Use Permit Application
Page 10 of 10
Revised 7/3/2007
DISCLOSURE STATEMENT
BILLY, W. CHAPLAIN
Agenda Item 12 & 13
Page 10
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)
Billy W. Chaplain
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
X Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Modification of Conditions Application
Page 10 of 11
Revised 9/12004
DISCLOSURE STATEMENT
BILLY W. CHAPLAIN
Agenda Item 12 & 13
Page 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)
Sykes, Bourdon, Ahern & Levy, P.C.
Martin Engineering, inc.
' "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.
7 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
ApplicantJ Sign uW Print N e
Property Owner's Signature (if different than applicant) Print Name
Modification of Conditions Application
Page 11 of 11
Revised 7312007
DISCLOSURE STATEMENT
BILLY.W. CHAPLAIN
Agenda Item 12 & 13
Page 12
Item #12 & 13
Billy W. Chaplain
Modification of a Conditional Use Permit
Modification of the Proffers of a Change of Zoning
849 & 853 Virginia Beach Boulevard
District 6
Beach
April 11, 2012
CONSENT
An application of Billy W. Chaplain for a Modification of Proffers approved by City Council on
August 14, 2001; and Modification of Conditional Use Permit for Bulk Storage approved by
City Council on August 14, 2001; Conditional use Permit for Automobile and Small Engine
Repair on property located at 849 & 853 Virginia Beach Boulevard and 1608 Washington
Avenue, District 6, Beach. GPIN: 2417-86-2074-0000.
MODIFIED PROFFERS
PROFFER 1:
-Although the Property shall be zoned B-2 Community Business District, the Property shall only be
used as a bulk storage yard and building contractors yard. This use shall also be governed by the
conditions of a Conditional Use Permit which limits the use to five (5) years from the date of
adoption by Grantee and further requires the Grantor to terminate the use prior to the end of the five
(5) year term in the event that:
(a) The land on the adjacent property at 853 Virginia Beach Boulevard changes to something
other than an automobile service and repair garage; or
(b) The land use on the adjacent property to the south changes to something other than a
residential trailer park."
MODIFICATION OF CONDITIONS OF EXISTING USE PERMIT
1 All conditions with the exception of Number 7 attached to the Conditional Use Permit granted by
the City Council on August 14, 2001, shall remain in effect.
2 Condition Number 7 of the August 14, 2001 Conditional Use Permit is deleted and replaced with
the following: "This Conditional Use Permit is valid for ten (10) five 5 years from the date of
City Council's approval or when one of the following occurs prior to the end of the ten (10) five
(5) year term:
3 The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something
other than an automobile service and repair garage;
4 The land use on the adjacent property to the south changes to something other than a residential
trailer park.
Item #12 & 13
Billy W. Chaplain
Page 2
If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of
Virginia Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner.
CONDITIONS OF NEW USE PERMIT
Parking for employees shall be met behind the building, not in the parking areas adjacent to
Virginia Beach Boulevard and Washington Avenue. The area shall be improved with curb, gutter,
and pavement. The applicant may request a deferral of on-site improvements, however in the
minimum the parking area shall be improved with gravel and some means of delineation of the
parking area.
CONDITIONS OF NEW USE PERMIT
Vehicles shall not maneuver directly (back out) into Virginia Beach Boulevard from the
automotive repair bay.
2 All repair work shall be performed inside the building.
There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this
condition require storage, then such vehicles shall be stored inside the building.
4 All wrecked, junked, and inoperative vehicles, debris, engine parts, and old tires shall be removed
from the automotive / bulk storage area on the site.
5 Tires and rims for sale shall not be displayed outside of the building.
6 All used tires shall be stored in an area which is not visible from any adjoining property or right-
of-way and maintained in a mosquito free environment. There shall be no more than 30 used tires
stored on the site at any time.
7 All signage on the site shall conform to the requirements of the City Zoning Ordinance. There
shall be no other signs, neon signs or neon accents installed on any wall area of the building, on
the windows and / or doors, light poles, or any other portions of the site. There shall be pennants,
ribbons, streamers, spinners, strings of light bulbs, electronic display signs or other similar
moving devices.
8 Category 1 landscape screening shall be installed along the eastern and southern property lines
(particularly adjacent to the existing mobile home located to the south of the property).
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.
Item #12 & 13
Billy W. Chaplain
Page 3
All applicable permits required by the City Code, including those administered by the Department
of Planning /Development Services Center and Department of Planning /Permits and Inspections
Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by
this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
By a vote of 9-0, the Commission approved item 12 & 13 for consent.
Eddie Bourdon appeared on behalf of the applicant. There was no opposition.
AYE 9 NAY 0 ABS 0 ABSENT 2
BERNAS
AYE
FELTON
AYE
HENLEY
ABSENT
HODGSON
AYE
HORSLEY
ABSENT
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUCINSKI
AYE
RUSSO
AYE
THORNTON
AYE
By a vote of 9-0, the Commission approved item 12 & 13 for consent.
Eddie Bourdon appeared on behalf of the applicant. There was no opposition.
In Reply Refer To Our File No. DF -8314
TO: Mark D. Stiles
FROM: B. Kay Wilson r
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: April 27, 2012
DEPT: City Attorney
DEPT: City Attorney
`RE: Conditional Zoning Application; Billy W. Chaplain
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on May 8, 2012. 1 have reviewed the subject proffer agreement, dated March
1, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of
the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ks
Enclosure
cc: Kathleen Hassen
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
BILLY W. CHAPLAIN
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 1St day of March, 2012, by and between BILLY W.
CHAPLAIN, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of that certain parcel of property located in
the Beach District of the City of Virginia Beach, Virginia, containing approximately .613
acres, which is more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference said property hereinafter referred to as the
"Property"; and
WHEREAS, the Grantor has 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 Grantor has requested Grantee to permit this modification of the
previously proffered Covenants, Restrictions and Conditions dated May 22, 2oo1 and
recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,
Virginia in Deed Book 4483, at Page oo85 (hereinafter "2001 Proffers"), to reflect
amendments applicable to the land use plan on the Property; and
GPIN: 2417-86-2074 (Partial)
Prepared By: R. Edward Bourdon, Jr., Esquire
PREPARED BY: Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
OM SULS, ROURIDON, Pembroke One, Fifth Floor
Oil A11ERN & L1 VY, P.C. Virginia Beach, Virginia 23462
1
PREPARED BY:
SYKES, BOURDON,
IM9 AHERN & LEVY, P.C.
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 Grantor acknowledges 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 Grantor's proposed modification of
conditions to the zoning gives rise; and
WHEREAS, the Grantor has 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 Grantor, its 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 makes the following amended declaration of conditions and restrictions
which, along with the unchanged covenants, conditions and restrictions set forth in the
2001 Proffers shall restrict and govern the physical development, operation, and use of the
Property and hereby covenants and agrees 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 Grantor, its successors, personal
representatives, assigns, grantees, and other successors in interest or title:
1. Proffer numbered 1 as set forth in the 2001 Proffers is deleted and the
following covenant, restriction and condition is proffered in its place:
1. Although the Property shall be zoned B-2 Community Business
District, the Property shall only be used as a bulk storage yard and
building contractors yard. This use shall also be governed by the
conditions of a Conditional Use Permit which limits the terms of the
use to five (5) years from the date of adoption by Grantee and further
2
PREPARED BY:
OM SYK£S, BOURN®N,
IBM ANERN & LEVY, P.C.
requires the Grantor to terminate the use prior to the end of the five
(5) year term in the event that: (a) the land use on the adjacent
property at 853 Virginia Beach Boulevard changes to something
other than a automobile service and repair garage; or (b) the land use
on the adjacent property to the south changes to something other
than a residential trailer park.
2.
Except
for the modification by replacement of Proffer numbered
1, the
remaining
proffered
covenants, restrictions and conditions as set forth in the
"2001
Proffers" are hereby ratified and affirmed.
The above conditions, having been proffered by the Grantor 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 Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
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;
3
PREPARED BY:
W.M SYK£S. BOURDON,
MR AHERN & LEVY, P.C.
(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.
U
WITNESS the following signature and seal:
Grantor:
SEAL
Billy W. Chaplai
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 5th day of March, 2012,
by Billy W. Chaplain, Grantor.
n
Notary Public
My Commission: Expires: August 31, 2014
Notary Registration Number: 192628
PREPARED BY:
Q : SYKES. ROURIDON,
M AHERN & LEVY. P.C.
5
PREPARED BY:
M SULS, BOURID®N,
MU AURN & LWY, R.0
EXHIBIT "A"
ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the Lynnhaven
Magisterial District, City of Virginia Beach (formerly Princess Anne County), Virginia, known,
numbered and designated upon a plat of Virginia Beach Annex No. 2, dated July 31, 1905,
and recorded in Map Book 3, at Page 24, in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, (formerly Princess Anne County), Virginia, as Lots 14, 15, 16, 17, 18, 19 and
20 in Block 6, reference to said plat for a more particular description of said lots.
GPIN: 2417-86-2074 (Partial)
H:\AM\Mod of Proffers\Chaplain\ist Amendment to Proffers.doc
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CORNERSTONE BIBLE CHURCH, INC. / KROLL ENTERPRISES, Conditional
Use Permit, church, 2180 McComas Way, Suite 101 (GPIN 2404977494).
PRINCESS ANNE DISTRICT.
MEETING DATE: May 8, 2012
■ Background:
The site consists of a one-story 20,100 square foot condominium office building
located along the eastern property line. The applicant requests a Conditional Use
Permit for the purpose of using the northernmost unit of the building for religious
services. The unit consists of 6,820 square feet of floor area.
■ Considerations:
The church is compatible with other office uses within the building and will not
negatively impact any neighboring properties. The proposed use for this site as a
church will not add significantly more traffic beyond that of the current uses, and
there will not be any traffic issues due to the proposed use.
The site plan depicts 116 parking spaces. The Zoning Ordinance requires only
60 parking spaces for a church with 300 seats. The remaining 13,280 square feet
of office use requires 40 parking spaces. Based on the fact that the proposed
church has peak operational hours different from traditional business hours, staff
finds that the site's 116 parking spaces are sufficient for the church and the other
users in the building.
The applicant is required to obtain a Certificate of Occupancy from the
Department of Planning / Permits and Inspections Division, which will ensure that
all Building Code and Fire Code requirements are met.
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 with the following conditions:
The applicant shall obtain all necessary permits and inspections from the
Planning Department / Permits and Inspections Division and the Fire
Department. The applicant shall obtain a Certificate of Occupancy for the
change of use from the Building Office.
Cornerstone Bible Church, Inc.
Page 2of2
2. There shall be no more than 300 individuals, or the maximum number of
individuals approved by the Building and Fire Officials, whichever is less,
within the suite at any one time.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department '`-
City Manager: re"t
PRINCESS ANNE
L;ornerstone Dime Lnurcn, inc.
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CUP - /or Religious Use
REQUEST:
Conditional Use Permit (Religious Use)
9
April 11, 2012 Public Hearing
APPLICANT:
CORNERSTONE
BIBLE CHURCH,
INC.
PROPERTY OWNER:
KROLL
ENTERPRISES,
INC.
STAFF PLANNER: Leslie Bonilla
ADDRESS / DESCRIPTION: 2180 McComas Way, Suite 101
GPIN: ELECTION DISTRICT: SITE SIZE:
24049774940000 PRINCESS ANNE 2.4 acres
LEASE SPACE:
6,820
AICUZ:
65 to 70 dB DNL
Sub Area 2
The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST
religious use within a unit of an existing office building. The
applicant will purchase a 6,820 square foot suite which is located in a 20,100 square foot condominium
office building.
Religious services are held on Sunday from 9:00 a.m. to 12:30 p.m. Smaller gatherings such as
fellowship service or bible study occur throughout the week. Fifteen to twenty individuals usually attend
each service held throughout the week. There is one full-time and two part-time staff members. The
church would like to have a maximum of 300 individuals attending Sunday morning services and it is
anticipated that multiple services will be held to accommodate all 300 members.
The site consists of a one-story building located along the eastern property line. The proposed church is
located within the northernmost suite. One hundred and sixteen parking spaces are located west of the
building and the applicant is not proposing any exterior building modifications or changes to the site
layout.
CORNERSTONE BIBLE CHURCH, INC.
Agenda Item 9
Page 1
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Commercial/office building
SURROUNDING LAND North: . Strawbridge Elementary School / R-20 Residential District
USE AND ZONING: South: . McComas Way
• Offices / 0-2 Office District
East: . Mini -warehouse facility / B -1A Limited Community Business
District
West: . Princess Anne Recreation Center / R-20 Residential District
NATURAL RESOURCE AND There are no known significant natural resources or cultural features
CULTURAL FEATURES: associated with this site. The site is completely developed.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and
contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable
neighborhoods in the Suburban Area. The plan also reinforces suburban characteristics of commercial centers
and other non-residential areas that make-up part of the Suburban Area. Three key planning principles have
been established in the Comprehensive Plan to guard against possible threats to this stability: preserve
neighborhood quality, create and protect open spaces, and connect suburban mobility.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): McComas Way
is a two-lane local street, with a 60 -foot right-of-way width in front of this site. At its western end, McComas
way intersects with Nimmo Parkway, which is a four -lane major suburban arterial with variable -width right of
way, and which is currently under construction. The CIP project (CIP # 2.121) for Nimmo Parkway will extend
the roadway to Holland Road. The eastern portion of McComas Way is a private roadway which intersects
General Booth Boulevard. No CIP projects are currently scheduled for either McComas Way or this portion of
General Booth Boulevard.
TRAFFIC:
Street Name
Present
Present Capacity
Generated Traffic
Volume
McComas Way
No Data
26,300 ADT (Level of
Existing Land Use —75
Available
Service "D")
ADT
Proposed Land Use 3_, 1
Nimmo Parkway
No Data
34,900 ADT (Level of
Available
Service "D")
ADT
General Booth
34,700 ADT
34,900 ADT (Level of
Boulevard
Service "D"
Average Daily Trips
s as defined by 6,820 square feet gross floor area of general office building
3 as defined by 6,820 square feet gross floor area of church
CORNERSTONE BIBLE CHURCH, INC.
Agenda Item 9
Page 2
WATER & SEWER: The site currently connects to city water and sewer.
FIRE: This is a change of use. The applicant must obtain a Certificate of Occupancy from the Building Official
prior to occupying the building.
EVALUATION AND RECOMMENDATION
The proposed church use is located within an Air Installation Compatible Use Zone (AICUZ) of 65 to 70
dB DNL. Churches and related facilities are considered compatible; however, the applicant must ensure
compliance with noise level reduction features as set forth in the Virginia Uniform Statewide Building
Code. The church is compatible with other office uses within the building and should not negatively
impact any neighboring properties. The proposed use for this site as a church does not appear to add
significantly more traffic beyond what the site is currently used as, and there should not be any traffic
safety or flow issues due to the proposed use.
The site plan depicts 116 spaces. Based on the fact that the proposed church has peak operational hours
different from traditional business hours, staff finds that the site's 144 parking spaces located on-site are
sufficient for this use and the others in the system. The Zoning Ordinance requires only sixty (60) parking
spaces for a church with 300 seats. The remaining 13,280 square feet of office uses requires forty (40)
parking spaces. The site's one hundred and sixteen (116) spaces, therefore, is more than is what is
required by the Zoning Ordinance for the proposed religious use and other office uses on site.
The applicant will be required to obtain an occupancy permit from the Department of Planning / Permits
and Inspections Division, which will ensure that all Building Code and Fire Code requirements are fulfilled.
Thus, this application is recommended for approval subject to the conditions listed below.
Staff recommends approval of this request with the conditions below
CONDITIONS
1. The applicant shall obtain all necessary permits and inspections from the Planning Department /
Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of
Occupancy for the change of use from the Building Office.
2. There shall be no more than 300 individuals, or the number of individuals approved by the Building
and Fire Officials, whichever is less, on the site at any one given time.
CORNERSTONE BIBLE CHURCH, INC.
Agenda Item 9
Page 3
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.
CORNERSTONE BIBLE CHURCH, INC.
Agenda Item 9
Page 4
AERIAL OF SITE LOCATION
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CORNERSTONE BIBLE CHURCH, INC.
,Agenda Item 9
Page 5
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SITE PLAN
CORNERSTONE BIBLE CHURCH, INC.
Agenda Item 9
Page 6
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Exhibit A
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CORNERSTONE BIBLE CHURCH, INC.
Agenda Item 9
Page 7
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CORNERSTONE BIBLE CHURCH, INC.
.Agenda Item 9
Page 8
PRINCESS ANNE
N111 Cornerstone Bible Church, Inc.
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'Zoning with Conditions Proffers. Open C UP - for Religious Use
Space Promotion or PDH-2 Overlays
ZONING HISTORY
CORNERSTONE BIBLE CHURCH, INC.TG�
DATE
REQUEST
ACTION
1
03/10/20
Modification of Proffers
Approved
O NPY,O.
09
Use Permit (indoor recreation)
Approved
03/10/20
Rezoning (0-2 to B-2)
Approved
09
Rezoning (R-20 to 0-2)
Approved
10/26/19
Use Permit (self storage facility)
Denied
93
Use Permit (indoor recreational facility)
Denied
05/24/19
89
02/24/19
86
02/24/19
86
03/14/20
Rezoning (O-2 to Conditional 0-2 with modified conditions)
Approved
00
01/11/20
Use Permit (church)
Approved
00
Rezoning (0-2 to Conditional A-12)
Withdrawn
12/09/19
97
10/12/19
Rezoning 13-1A to Conditional B -1A with modified proffers)
Approved
CORNERSTONE BIBLE CHURCH, INC.TG�
Agenda Item 9
? �'
Page 9�_
O NPY,O.
CORNERSTONE BIBLE CHURCH, INC.
Agenda Item 9
Page 10
99
Rezoning (0-2 to Conditional 13-1A)
Approved
03/24/19
98
05/25/19
Rezoning (AG-1/AG-2 & R-20 to Conditional A-18)
Approved
99
02/10/19
Use Permit (church)
Approved
98
08/14/20
Modifof Proffers
ication
Approved
01
Rezoning (0-2 to Conditional 13-1A)
Approved
08/14/20
Use Permit (self storage facility)
Approved
01
Use Permit (tower)
Approved
12/07/19
99
10/26/19
93
10/26/19
Rezoning (O-2 to R-20)
Approved
93
05/28/19
Street Closure
Approved
91
CORNERSTONE BIBLE CHURCH, INC.
Agenda Item 9
Page 10
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)
Z_�Illacv 0++Snarzj FrLm{ UtCf - XSid'ow
-T _
1 :- 5f I.�r — 1 rer,&.Jtr� Tor�c� f �U icri►lcv►s - Jrcc f c �wY �� /cr
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N 1A
F] Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
L"ll n�rrDfists 1nU �z� y A. roll. �(`L56G(GtT
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
F]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 eplqoyee of ACity of Virginia Beach have an interest in the
subject land? Yes No
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Use Permit Application
Page 9 of 10
Revised 7/32007
DISCLOSURE STATEMENT
CORNERSTONE BIBLE CHURCH, JINC.
Agenda Item 9
Page 11
11 DISCLOSURE STATEMENT 11
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary) r p
TLtct�InimCf ��i �5�/VYM ¢ (•✓akc-I-r�/t� i tS g 4-T iIf �/14rrbn'Sr s
�(r Qv �t ►Gni Robtr� L. ir,.�{-4rsmc.�, pL.: �t�ar�s �a( �sfz�{c
"Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Z—�� ��C4
Applicant'sure Print NanYe
12
Property Own isi re lf different than applicant) Print Name Krell ,,-,4a1ptjsec k.
conditional Use Permit Application
Page 10 of 10
Revised 7/3/2007
DISCLOSURE STATEMENT
CORNERSTONE BIBLE CHURCH, INC.
Agenda Item 9
Page 12
Item #9
Cornerstone Bible Church, Inc.
Conditional Use Permit
2180 McComas Way, Suite 101
District 7
Princess Anne
April 11, 2012
CONSENT
An application of Cornerstone Bible Church, Inc. for a Conditional Use Permit (religious use) on
property located at 2180 McComas Way, Suite 101, District 7, Princess Anne. GPIN: 2404-97-
7494-0000.
CONDITIONS
1. The applicant shall obtain all necessary permits and inspections from the Planning Department /
Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate
of Occupancy for the change of use from the Building Office.
2. There shall be no more than 300 individuals, or the number of individuals approved by the
Building and Fire Officials, whichever is less, on the site at any one given time.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning /Permits and Inspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
AYE 9 NAY 0 ABS 0 ABSENT 2
BERNAS
AYE
FELTON
AYE
HENLEY
ABSENT
HODGSON
AYE
HORSLEY
ABSENT
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUCINSKI
AYE
RUSSO
AYE
Item #9
Cornerstone Bible Church, Inc.
Page 2
THORNTON AYE
By a vote of 9-0, the Commission approved item 9 by consent.
Pastor Stacy Potts, the applicant, appeared before Commission. There was no opposition.
NU �C
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i
M
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: SENTARA HOSPITALS AND MPB, INC., Change of Zoning District
Classification from A-12 Apartment and R-15 Residential to Conditional 0-2
Office, 800 and 816 Independence Boulevard (GPINs 1478548255 and
1478536832). Comprehensive Plan — Suburban Area. Use: offices and medical
facilities. BAYSIDE DISTRICT.
MEETING DATE: May 8, 2012
■ Background:
The subject site is primarily zoned A-12 Apartment; a section of the site adjacent to N.
Witchduck Road is zoned R-15 Residential. A hospital was constructed on the site in
January 1975. Expansions to the hospital and the construction of a separate medical
office building have occurred since. On August 4, 2011, the hospital patient beds, as well
as the majority of the staff and functions of the hospital were transferred to Sentara
Princess Anne Hospital. The Bayside facility, which is now referred to as Sentara
Independence, is still being used by Sentara for a variety of medical uses that are
contained within approximately 12 percent of the total floor area. Those uses consist of
the Emergency Department, an Imaging Center, an Infusion Center, a Pharmacy, and a
Sleep Study Center. These uses were part of the former Bayside Hospital, and have
been retained at this location to serve the surrounding area. The Sleep Study Center is
being slightly expanded to enhance the ability to of the Center to serve the region, as it
has always done.
■ Considerations:
The applicant proposes to use the remaining floor area of Sentara Independence for
Sentara's Information Technology Department and Sentara's Data Center, both of which
are low intensity uses from a land use perspective but are highly valued uses from an
economic development perspective. Beyond these two uses, there will be additional
space in the building that will be used as offices for other Sentara entities.
For Sentara to proceed with these proposed new uses within the building, the zoning
category that governs the site must be changed to 0-2 Office District. The prior use of
the site as a hospital was acceptable in the A-12 Apartment District. The proposed new
uses, however, are not allowed in the A-12 Apartment or R-15 Residential District;
therefore, the applicant is requesting a Conditional Change of Zoning to 0-2 Office.
The request to change the zoning on the site from A-12 Apartment and R-15 Residential
to Conditional 0-2 Office is appropriate and consistent with the recommendations of the
Comprehensive Plan for the Suburban Area. All of the building modifications necessary
for the new uses will occur inside the building. The applicant has proffered that there will
be no changes to the exterior, other than a possible expansion to the parking lot, which
Sentara Hospitals and MPB, Inc.
Page 2 of 2
would occur between the existing parking lot at the front of the building and the public
library to the north.
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 with
the following proffer:
The following are proffers submitted by the applicant as part of a Conditional Zoning
Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning
Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified
problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this
application be approved, the proffers will be recorded at the Circuit Court and serve as
conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1: The improvements on the Property shall not be expanded or substantially
modified from their configuration and status as of February 1, 2012, provided however
additional parking that otherwise meets the requirements of the applicable City Codes may
be provided.
STAFF COMMENTS: Staff requested, and the applicant volunteered to provide, this proffer
to ensure that any future changes to the building or site would require this Conditional
Rezoning to be modified. Thus, any modifications in the future will require approval of the
City Council.
The City Attorney's Office has reviewed the proffer agreement dated January 31, 2012, and
found it to be legally sufficient and in acceptable legal form.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department �M
City Manager: S.�
BAYSIDE
N1.1, F-; Sentara Hospitals and MPB, Inc.
t"' e
oor
- B2
g?o'
•zp.;"p.pn cp.anwpY°^"^^. op." Conditional Zoning Change from A 128 R 15 to Conditional 02
Space P.o.mci® e. PlYN�i OwrYyc
10
April 11, 2012 Public Hearing
APPLICANT AND PROPERTY
OWNER:
SENTARA
HOSPITALS AND
MPB, INC.
STAFF PLANNER: Stephen J. White
REQUEST: Conditional Change of Zoning (A-12 Apartment and R-15 Residential to 0-2 Office)
ADDRESS / DESCRIPTION: 800 and 816 Independence Blvd.
GPIN:
ELECTION DISTRICT:
SITE SIZE:
AICUZ:
1478548255;1478536832
BAYSIDE
3.5 acres
Less than 65 dB DNL
SUMMARY OF REQUEST
The subject site was developed for a hospital in January 1975. Expansions to the hospital and the
construction of a separate medical office building have occurred since. On August 4, 2011, the hospital
patient beds, as well as the majority of the staff and functions of the hospital were transferred to Sentara
Princess Anne Hospital. The Bayside facility, which is now referred to as Sentara Independence, is still
being used by Sentara for a variety of medical uses that are contained within approximately 12 percent of
the total floor area. Those uses consist of the Emergency Department, an Imaging Center, an Infusion
Center, a Pharmacy, and a Sleep Study Center. These uses were part of the former Bayside Hospital,
and have been retained at this location to serve the surrounding area. The Sleep Study Center is being
slightly expanded to enhance the ability to of the Center to serve the region, as it has always done.
The applicant proposes to use the remaining floor area for Sentara's Information Technology Department
and Sentara's Data Center, both of which are low intensity uses from a land use perspective but are
highly valued uses from an economic development perspective. Beyond these two uses, there will be
additional space in the building that will be used as offices for other Sentara entities.
For Sentara to proceed with these proposed new uses within the building, the zoning categories that
govern the site must be changed to 0-2 Office District. The prior use of the site as a hospital was
acceptable in the A-12 Apartment District. The proposed new uses, however, are not allowed in the A-12
Apartment or R-15 Residential District; therefore, the applicant is requesting a Conditional Change of
Zoning to 0-2 Office.
SENTARA HOSPITALS AND MPB, INC.
Agenda Item 10
Page 1
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Multi -story medical facilities and offices, parking areas, and associated infrastructure.
SURROUNDING LAND North: . Bayside Library / A-12 Apartment and R-10 Residential Districts
USE AND ZONING: South: . N. Witchduck Road
Retail Commercial / B-2 Community Business District
Professional offices / A-12 Apartment District
Pembroke Meadows Elementary School / P-1 Preservation
District
• Old Donation Church / R-15 and R-20 Residential Districts
(Historic and Cultural Overlay District)
East: . Single-family homes / R-10 and R-20 Residential Districts
West: . Independence Boulevard
Multi -family dwellings / A-18 Apartment District
NATURAL RESOURCE AND The site is developed with building and pavement surfaces. There are
CULTURAL FEATURES: areas of landscaped vegetation, including a wide buffer area between
the rear parking area and the adjacent residential neighborhood. There
are no known significant natural resources or historic features on the
site. The site, however, is adjacent to Old Donation Church.
COMPREHENSIVE PLAN: Suburban Area
CITY SERVICES
TRAFFIC: The proposed use of the building for an Information Technology / Data Center, combined with the
uses remaining from the former use of the building as a hospital will result in a decreased impact on the
transportation system in the area than that resulting from the hospital. Data Center use is low impact in nature.
WATER AND SEWER: The site is connected to City water and sewer systems.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request to change the zoning on the site from A-12 Apartment and R-
15 Residential to Conditional 0-2 Office. With the move of hospital functions previously located in Sentara
Bayside Hospital to Sentara Princess Anne Hospital, Sentara is proposing new uses of the building, now
referred to as Sentara Independence, for Information Technology / Data Center operations. The zoning
on the site, while sufficient for the hospital, will not permit the reuse as proposed. The 0-2 Office District
will permit Sentara to proceed. All of the building modifications necessary for the new uses will occur
inside the building. The applicant has proffered that there will be no changes to the exterior, other than a
possible expansion to the parking lot, which would occur between the existing parking lot at the front of
the building and the public library to the north.
SENTARA HOSPITALS AND MPB, INC,
Agenda Item 10
Page 2
Approval of the Conditional Change of Zoning from A-12 Apartment and R-15 Residential to Conditional
0-2 Office is recommended for approval with the proffer below.
PROFFER
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1: The improvements on the Property shall not be expanded or substantially modified from their
configuration and status as of February 1, 2012, provided however additional parking that otherwise meets
the requirements of the applicable City Codes may be provided.
STAFF COMMENTS: Staff requested, and the applicant volunteered to provide, this proffer to ensure that
any future changes to the building or site would require this Conditional Rezoning to be modified. Thus, any
modifications in the future will require approval of the City Council.
The City Attorney's Office has reviewed the proffer agreement dated January 31, 2012, and found it to be
legally sufficient and in acceptable legal form.
SENTARA HOSPITALS AND MPB,INC.
Agenda Item 10
Page 3
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Page 5
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`Zoning with Conditions, Proffers. open Conditional Zoning Change from A 12 & R15 to conatrionai
Space Promotion or PDH -2 Overlays
ZONING HISTORY
#
DATE
I REQUEST
ACTION
1
07/01/1997
Use Permit (car wash)
Approved
SENTARA HOSPITALS AND MPB, INC.
Agenda Item 10
Page 7
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)
SEE ATTACHMENTS
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
SEE ATTACHMENTS
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& ` See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes 0 No ✓❑—
If yes, what is the name of the official or employee and the nature of their interest?
O
conditional Rezoning Application
Page 11 of 12
Revised 11/162006
DISCLOSURE STATEMENT
SENTARA HOSPITALS AND MPB, INC.
Agenda Item 10
Page 8
DISCLOSURE STATEMENT ATTACHMENT FOR PARCEL 1-C
]. Applicant name: MPB, Inc., a Virginia corporation
Officers: Robert Broermann — President and Treasurer
Jeffrey P. King — Secretary
Directors: David L. Bernd - Chairman
Robert Broermann
Howard P. Kern
2. Parent -subsidiary and affiliated business entities:
Parent — Sentara Enterprises, which is itself wholly-owned by Sentara Healthcare
Affiliated business entities:
Sentara Medical Group
Sentara Hospitals
Sentara Life Care Corp.
DISCLOSURE STATEMENT ATTACHMENT FOR PARCEL 1-D
1. Applicant name: Sentara Hospitals, a Virginia corporation, successor by merger to
Sentara Bayside Hospital
Officers: Howard P. Kern — President
Robert Broermann — Treasurer
Jeffrey P. King — Secretary
Directors: David L. Bernd - Chairman
Howard P. Kern
Robert Broermann
Kenneth M. Krakaur
2. Parent -subsidiary and affiliated business entities:
Parent — Sentara Healthcare
Subsidiaries — Sentara Princess Anne Hospital
Affiliated business entities:
Sentara Medical Group
Sentara Life Care Corp.
Sentara Enterprises
MPB, Inc.
DISCLOSURE STATEMENT
SENTARA HOSPITALS AND MPB, INC.
Agenda Item 10
Page 9
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
1 "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
/ Sentara Hospitals
5�w — By: Howard P. Kem, President
Applicant's Signature Print Name
MPB, Inc.
Applicant's Signature
By: Robert Broermann, President
Print Name
conditional Rezoning Application
Page 12 of 12
Revised 713/2007
DISCLOSURE STATEMENT
SENTARA HOSPITALS AND MPB, 1NC.
Agenda Item 10
Page 10
ADDITIONAL DISCLOSURE ATTACHMENT
The following is a list of known contractors and businesses that have or will provide
services with respect to the requested property use:
Willcox & Savage, P.C.
Innovate Architecture & Interiors, Inc.
Compo Construction Company
RG Electric Company, Inc.
E.T. Gresham Company, Inc.
Turner Construction Company
Hourigan Construction
Vanasse Hangen Brustlin, Inc.
1-1080242.1
DISCLOSURE STATEMENT
SENTARA HOSPITALS AND MPB, INC.
Agenda Item 10
Page 11
COMMONWEALTH OF VIRGINIA
STATE CORPORATION COMMISSION
May 17, 1996
The State Corporation Commission has found the accompanying
articles submitted on behalf of
SENTARA HOSPITALS
(FORMERLY SENTARA BAYSIDE HOSPITAL )
to comply with the requirements of law, and confirms payment of
all related fees.
Therefore, it is ORDERED that this
CERTIFICATE OF AMENDMENT AND RESTATEMENT
be issued and admitted to record with the articles of amendment in
the Office of the Clerk of the Commission, effective May 17, 1996
at 08:03 AM.
The corporation is granted the authority conferred on it by law in
accordance with the articles, subject to the conditions and
restrictions imposed by law.
AMENACPT
CIS20436
96-05-15-0007
0
STATE CORPORATION COMMISSION ^'
By - 110. /
Commissioner
DISCLOSURE STATEMENT
SENTARA HOSPITALS AND MPB, INC.
Agenda Item 10
Page 12
Item #10
Sentara Hospitals and MPB, Inc.
Change of Zoning District Classification
800 and 816 Independence Boulevard
District 4
Bayside
April 11, 2012
CONSENT
An application of Sentara Hospitals and MPB, Inc. for a Conditional Change of Zoning from A-
12 Apartment and R-15 Residential to 0-2 Office District on property located at 800 and 816
Independence Boulevard, District 4, Bayside. GPIN: 1478-54-8255-0000; 1478-53-6832-0000.
PROFFER
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement
(CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily
submitted these proffers in an attempt to "offset identified problems to the extent that the proposed
rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be
recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed
with this change of zoning.
PROFFER 1: The improvements on the Property shall not be expanded or substantially modified
from their configuration and status as of February 1, 2012, provided however additional parking
that otherwise meets the requirements of the applicable City Codes may be provided.
STAFF COMMENTS: Staff requested, and the applicant volunteered to provide, this proffer to
ensure that any future changes to the building or site would require this Conditional Rezoning to be
modified. Thus, any modifications in the future will require approval of the City Council.
The City Attorney's Office has reviewed the proffer agreement dated January 31, 2012, and found
it to be legally sufficient and in acceptable legal form.
AYE 9 NAY 0 ABS 0 ABSENT 2
BERNAS
AYE
FELTON
AYE
HENLEY
ABSENT
HODGSON
AYE
HORSLEY
ABSENT
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUCINSKI
AYE
RUSSO
AYE
Item # 10
Sentara Hospitals and MPB, Inc.
Page 2
THORNTON AYE
By a vote of 9-0, the Commission approved item 10 by consent.
Steve Davis appeared on behalf of the applicant. There was no opposition.
In Reply Refer To Our File No. DF -8311
TO: Mark D. Stiles
FROM: B. Kay Wilson%
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: April 27, 2012
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Sentara Hospitals and MPB, Inc.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on May 8, 2012. 1 have reviewed the subject proffer agreement, dated
January 31, 2012 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ks
Enclosure
cc: Kathleen Hassen
Prepared by Warren L. Tisdale
Willcox & Savage, P.C.
440 Monticello Avenue, Suite 2200
Norfolk, VA 23510-2243
AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of this 31 st day of January, 2012 by
and between SENTARA HOSPITALS, a Virginia nonstock corporation, the owner of the parcel
designated as Parcel 1-D on Exhibit A attached hereto, MPB, INC., a Virginia corporation,
owner of the parcel designated as Parcel 1-C on Exhibit A, the current owners of that certain
combined property located at the intersection of Witchduck Road and Independence Boulevard
in Virginia Beach, Virginia (collectively referred to hereinafter as "Grantor"), which combined
property is more particularly described in Exhibit A and incorporated herein by reference (the
"Property"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia ("Zoning Map"), by petition addressed to the Grantee, so as to change
the classification of the Property from A-12 and R-15 to Conditional 0-2; 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 Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at the
same time to recognize the effects of the 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 0-2 are needed to cope with the situation to
which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the
public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning
Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing
City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical
GPIN NOS.: 14785482550000, 14785368320000
1
development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed
and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions
shall continue in full force and effect until a subsequent amendment changes the zoning
on the Property covered by such conditions; provided, however, that such conditions shall
continue despite a subsequent amendment if the subsequent amendment is part of the
comprehensive implementation of a new or substantially revised zoning ordinance, unless,
notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such
instrument; provided, further, that said instrument is consented to by the Grantee in writing as
evidenced by a certified copy of the ordinance or resolution adopted by the governing body of
the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of
the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be
recorded along with said instrument as conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, its successors, 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 of quid pro quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern
the physical development, operation and use of the Property and hereby covenant and agree
that these proffers (collectively, the "Proffers") shall constitute covenants running with the
said Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees
and other successors in interest or title, namely:
1. The improvements on the Property shall not be expanded or substantially
modified from their configuration and status as of February 1, 2012, provided however
2
I-1079208.2
additional parking that otherwise meets the requirements of the applicable City Codes
may be provided.
2. Further conditions lawfully imposed by applicable development ordinances may be
required by the Grantee during any detailed site plan and/or subdivision review and administration of
applicable City Codes by all cognizant City agencies and departments to meet all applicable City
Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the CZO in force as of the date the conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that (a) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (b) the failure to meet all conditions shall constitute cause to deny the
issuance of any required building or occupancy permits as may be appropriate; (c) if aggrieved
by any decision of the Zoning Administrator made pursuant to the provisions of the City
Code, the CZO or this Agreement, the Grantor shall petition the governing body for review
thereof prior to instituting proceedings in court; and (d) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the
Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and
Grantee.
[SIGNATURE PAGE FOLLOWS)
Kj
I-1079208.2
IN WITNESS WHEREOF, THE UNDERSIGNED GRANTOR EXECUTES THIS
AGREEMENT AS OF THE DATE FIRST WRITTEN ABOVE.
GRANTOR: MPB, INC.
a Virginia corporation
By;�
�Roert A. Broermann, President
SENTARA HOSPITALS
a Virginia nstock corporation
By: �IcIA-11--
Howard P. Kern, President
COMMONWEALTH OF VIRGINIA
CITY OF or C=OI l , to -wit:
The foregoing instrument was sworn to andns�
owledged before me this day of
�ank , 2012, by Robert A. BroermYP
rsonally known o or has produced
identific ion, and who signed in his capacitde o Inc. irgi is corporation.
ublic
My Commission Expires: ripH 3�i 9,01 - \
Registration Number: Zj3ob2
COMMO T QF VIRGINIA
CITY OF 6� O � F , to -wit: S}
The foregoing instrument was sworn to and acknowledged before me this _ day of
g g
_1�b YWa 2012, by Howard P. Kern, who is r nally known to me or has produced
identificati , and who signed in his capacity as re dent of Sentara o itals, a Virginia
nonstock corporation.
n
Not y Public
My Commission Expires:� l 30, 20
14
Registration Number: ZI 7
4
I-1079208.2
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PARCEL 1-D
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
situate, lying and being in the city of Virginia Beach, Virginia, and known, numbered and
designated as Parcel 1-D, 14.442 Acres, as shown on that certain plat entitled
"RESUBDIVISION OF PARCEL 1-B AND REMAINING PORTION OF PARCEL B 1
SUBDIVISION OF 11.524 ACRE TRACT (BAYSIDE HOSPITAL SITE) AND PARCELS 1 &
2 AS SHOWN ON PHYSICAL SURVEY OF PARCEL B 1, AS SHOWN ON PLAT
ENTITLED `PLAT SHOWING STREET WIDENING AND EASEMENT DEDICATIONS'
FOR EXTENDICARE PROPERTIES, INC., (M.B. 117, PG. 38) BAYSIDE BOROUGH
VIRGINIA BEACH, VIRGINIA", made by Baldwin & Gregg, Ltd., which said plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the
"Clerk's Office") in Map Book 185, page 33 (the "Property").
LESS, SAVE AND EXCEPT that portion of the Property conveyed by Deed of Take by the City
of Virginia Beach for 1.5 acres to be used for the Bayside Library and Police Precinct as
recorded in the Clerk's Office of the; Circuit Court of the City of Virginia Beach, Virginia in
Deed Book 4549 at Page 469 and as shown in Map Book 291 at Page 41.
TOGETHER, with all and singular, the estate, rights, privileges, easements and appurtenances
belonging to or in any way pertaining to the Property.
TOGETHER, with all right, title and interest of Grantor in and to (i) all public streets, roads,
avenues, alleys and passageways, open or proposed in front of or abutting the property and (ii)
any award made or to be made and any unpaid reward for damage to the Property, by reason of
any change of grade of any such street, road, avenue, alley or passageway.
IT BEING the same property conveyed to Sentara Bayside Hospital, a Virginia nonstock
corporation, by deed from Extendicare Properties, Inc., a Delaware corporation, dated July 31,
1991 and recorded August 1, 1991 in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Deed Book 3006 at page 1569.
PARCEL 1-C
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and
designated as Parcel 1-C, 3.507 Acres, as shown on that certain plat entitled "RESUBDIVISION
OF PARCEL 1-B AND REMAINING PORTION OF PARCEL B 1 SUBDIVISION OF 11.524
ACRE TRACT (BAYSIDE HOSPITAL SITE) AND PARCELS 1 & 2 AS SHOWN ON
PHYSICAL SURVEY OF PARCEL B 1, AS SHOWN ON PLAT ENTITLED `PLAT
SHOWING STREET WIDENING AND EASEMENT DEDICATIONS' FOR EXTENDICARE
5
1-1079208.2
PROPERTIES, INC., (M.B. 117, PG. 38) BAYSIDE BOROUGH VIRGINIA BEACH,
VIRGINIA", made by Baldwin & Gregg, Ltd., which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Map
Book 185, page 33 (the "Property").
TOGETHER, with all and singular, the estate, rights, privileges, easements and appurtenances
belonging to or in any way pertaining to the Property.
TOGETHER, with all right, title and interest of Grantor in and to (i) all public streets, roads,
avenues, alleys and passageways, open or proposed in front of or abutting the property and (ii)
any award made or to be made and any unpaid reward for damage to the Property, by reason of
any change of grade of any such street, road, avenue, alley or passageway.
IT BEING the same property conveyed to MPB, Inc., a Virginia corporation, by deed from
Humana of Virginia, Inc., a Virginia corporation, dated July 31, 1991 and recorded August 1,
1991 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed
Book 3006 at page 1566.
0
1-1079208.2
nsu be k
yh�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance Approving Application of the CITY OF VIRGINIA BEACH for the
Closure of an unimproved portion of Holly Road DISTRICT 6 - BEACH
MEETING DATE: May 8, 2012
■ Background:
The City of Virginia Beach (the "Applicant" or "City") requests the closure,
discontinuance and abandonment of an unimproved portion of Holly Road at the
intersection with Laskin Road.
■ Considerations:
The City purchased 5,810.26 square feet of land for right-of-way purposes from
Vintage Investment Corporation by deed dated April 14, 1994. A portion of the
property was developed as Holly Road, but the remainder was left vacant. This
vacant portion consists of 2,511 sq. ft. (0.058 acre) (the "Right -of -Way to be
Vacated") and is located adjacent to a lot located at 408 Laskin Road (GPIN
2418-92-6002 and former site of Frankie's Place for Ribs) owned by Yardarm
Holdings, LLC ("Yardarm").
The City, however, needs 1,777 square feet of additional right-of-way for the
Laskin Road Gateway project from the property to the north of the Right -of -Way
to be Vacated, which is also owned by Yardarm (GPIN 2418-92-5169).
Accordingly, the City and Yardarm reached an agreement, subject to City Council
approval, for the conveyance of the Right -of -Way to be Vacated to Yardarm in
exchange for the portion of the Yardarm property the City needs for the Laskin
Road Gateway project.
Staff does not envision that the Right -of -Way to be Vacated will ever be improved
as a road. Viewers have reviewed this proposal and determined that there is no
current or future need for this portion of right-of-way. Closure of the Right -of -
Way to be Vacated will not result in any public inconvenience.
There was no opposition to the request for the street closure. Staff notes that the
Staff Report and Planning Commission minutes show four conditions for the
street closure. Condition three was amended to address the possibility of public
improvements existing in the Right -of -Way to be Vacated and condition five was
added to address the above described exchange agreement.
This matter was deferred from the December 13, 2011 Council date.
■ Recommendations:
The Viewers and Staff have no objection to the closure and recommended
approval of this request subject to the conditions. The Planning Commission
placed this item on the Consent Agenda, passing a motion by a recorded vote of
11-0, to recommend approval of this request to the City Council with the following
conditions as amended:
The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department. No purchase
price shall be charged in this street closure, however, because the City is
both the owner of the underlying fee and the applicant seeking this street
closure.
2. The Applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcel. The plat must be
submitted and approved for recordation prior to final street closure approval.
3. The Applicant shall verify that no private utilities or existing public
improvements exist within the right-of-way proposed for closure. Preliminary
comments from the utility companies indicate that there are no private utilities
within the right-of-way proposed for closure. If private utilities or public
improvements do exist, easements satisfactory to the utility company and the
City must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
5. The Applicant shall not record the resubdivision plat unless and until the City
and Yardarm have executed an exchange agreement for the property
interests needed from Yardarm and the City and Yardarm are ready, willing
and able to close on the transaction.
■ Attachments:
Staff Review with Disclosure Statements, Location Map, Ordinance, Summary of
Terms, Planning Commission Minutes
Recommended Action: Staff recommended approval. PI nning Commission
recommended approval.
Submitting Department/Agency: Planning Department
City Manager:
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Street Closure • Potion of Holly Road
18
November 9, 2011 Public Hearing
APPLICANT:
CITY OF VIRGINIA
BEACH
STAFF PLANNER: Leslie Bonilla
REQUEST:
Discontinuance, closure and abandonment of a portion of Holly Road located adjacent to 408 Laskin Road
ADDRESS / DESCRIPTION: Property located on the east side of Holly Road, north of the intersection of
Laskin Road.
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
Adjacent to property at: BEACH 2,511 square feet Less than 65 dB DNL
24189260020000
SUMMARY OF REQUEST
The applicant requests the closure, discontinuance and abandonment of a portion of unpaved right-of-
way for the purpose of incorporating it into the adjoining vacant lot located at 408 Laskin Road. When
land was acquired for the Laskin Road Gateway project, the City ended up with excess right-of-way
adjacent to property located at 408 Laskin Road and owned by Yardarm Holdings, LLC. The City,
however, needs additional right-of-way for the Laskin Road Gateway project from the property to the
north (GPIN: 2418-92-5169) which is also owned by Yardarm Holdings, LLC. An exchange has been
suggested because the same property owner owns both properties. The excess right-of-way adjacent to
408 Laskin Road is not needed and is proposed to be closed in exchange for the right -way that needs to
be acquired from the property to the north (GPIN: 2418-92-5169).
It should be noted that this request only deals with the request to close the portion of right-of-way
adjacent to 408 Laskin Road. The City's Public Works Department will continue work to acquire
additional portions of right -a -way needed for the Laskin Road Gateway project.
CITY OF VIRGINIA BEACH
Agenda Item 18
Page 1
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Unpaved right-of-way
SURROUNDING LAND North:
. Vacant land / A-12 Apartment District
USE AND ZONING: South:
. Laskin Road
• Across Laskin Road is a gas station, & retail establishments /
RT -3 Resort Tourist District
East:
. Vacant land, office/retail buildings & multi -family dwellings / RT -
3 Resort Tourist District
West:
. Holly Road
• Across Holly Road is an office/retail building / RT -3 Resort
Tourist District
NATURAL RESOURCE AND There are no significant natural resources or cultural features associated
CULTURAL FEATURES: with this site.
IMPACT ON CITY SERVICES
PUBLIC WORKS: Public Works supports the street closure.
WATER& SEWER: Public Utilities does not object to the street closure.
PRIVATE UTILITES: Private Utilities has no objections to the proposed street closure.
EVALUATION AND RECOMMENDATION
The portion of the right-of-way proposed for closure is largely part of an unpaved and unimproved portion
of Holly Road. Staff does not envision that this portion of Holly Road will ever be improved as part of the
Laskin Road Gateway project or used as part of Holly Road right-of-way. Viewers have reviewed this
proposal and determined that there is no current or future need for this portion of right-of-way. Closure of
the right-of-way will not result in any public inconvenience. Therefore, the Viewers and Staff have no
objection to the closure and recommend approval of this request subject to the conditions below.
CITY OF VIRGIN-iA BEA
Agenda Item
Pan
CONDITIONS
The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department. No purchase price shall be charged in this
street closure, however, because the City is both the owner of the underlying fee and the applicant
seeking this street closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
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.
CITY OF VIRGINIA BEACH
Agenda Item 1.8
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CITY OF VIRGINIA BEACH
Agenda Item 18
Page 6
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'Zoning with Conditions Proffers. Open
Space Promotion or PDH -2 Ove rbys
LRC; - Las kin Road l'ireway Overby
Street Closure - Portion of Holly Roar
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
08/10/2010
Conditional Use Permit (Drive -Through
of Financial Institution
Granted
2
02/24/2009
Conditional Use Permit (Eating &
Drinking RT
Granted
3
07/11/2006
Rezoning A-12 to Conditional RT -3
Granted
CITY OF VIRGINIA BEACH
Agenda Item 18
Page 7
E=4
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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)
City of Virginia Beach - A Municipal Corporation
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
0 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)
N/A
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No X
If yes, what is the name of the official or employee and the nature of their interest?
Street Cbsure Application
Page 10 of 11
Revised 7/3107
DISCLOSURE STATEMENT
CITY OF VIRGINIA BEACH
Agenda Item 18
Page 8
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
[to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (1) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Pla Hing to togreph and view the site for purposes of processing and evaluating this application.
-poky, t.1- .
Applicants Signature Print Name
Property Owner's Signature (if different than applicant)
Street closure Application
Pape 11 of 11
Revised 7/3/07
Print Name
�I
DISCLOSURE STATEMENT
CITY OF VIRGINIA BEACH
Agenda Item 18
Page 9
Item #18
City of Virginia Beach
Discontinuance, closure and abandonment of a portion of Holly Road
adjacent to 408 Laskin Road
East side of Holly Road, north of the intersection of Laskin Road
District 6
Beach
November 9, 2011
CONSENT
An application of the City of Virginia Beach for a discontinuance, closure and abandonment of a portion
of Holly Road located adjacent to 408 Laskin Road, District 6, Beach. GPIN: 2418-92-6002-0000.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase
of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy
are available in the Planning Department. No purchase price shall be charged in this street closure,
however, because the City is both the owner of the underlying fee and the applicant seeking this street
closure.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into
the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within the
right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility
company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within
365 days of approval by City Council. If the conditions noted above are not accomplished and the final
plat is not approved within one year of the City Council vote to close the right-of-way this approval shall
be considered null and void.
NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans
submitted with this rezoning application may require revision during detailed site plan review to meet all
applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
AYE 11 NAY 0 ABS 0 ABSENT 0
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
1 ORDINANCE APPROVING APPLICATION OF THE
2 CITY OF VIRGINIA BEACH FOR THE CLOSURE OF
3 AN UNIMPROVED PORTION OF HOLLY ROAD
4 DISTRICT 6 - BEACH
5
6 WHEREAS, the City of Virginia Beach (the City) acquired certain
7 property now comprising a portion of Holly Road in the City of Virginia Beach for right -
8 of -way purposes from Vintage Investment Corporation on April 14, 1994; and
9
10 WHEREAS, a portion of this right-of-way property (the Right -of -Way
11 Property"), described below, has remained unimproved and is no longer needed by the
12 City for right-of-way or other purposes; and
13
14 WHEREAS, the City applied to the Council of the City of Virginia Beach,
15 Virginia, to have the Right -of -Way Property discontinued, closed, and vacated; and
16
17 WHEREAS, the Right -Way -Property is located adjacent to the property
18 known as 408 Laskin Road (GPIN 2418-92-6002) owned by Yardarm Holdings, LLC
19 ("Yardarm"); and
20
21 WHEREAS, the City needs to acquire additional right-of-way for the
22 Laskin Road Gateway Project Phase 1A (CIP 2-143) from property located to the north
23 of the Right -of -Way Property and identified as GPIN 2418-92-5169, which is also owned
24 by Yardarm; and
25
26 WHEREAS, the City and Yardarm have entered into an Exchange
27 Agreement dated April 11, 2012 (the "Exchange Agreement") in accordance with the
28 Summary of Terms attached hereto as Exhibit "A" for the City's acquisition of right -of -
29 way from Yardarm (GPIN 2418-82-5169) in exchange for the Right -of -Way Property,
30 subject to the approval of the Council of the City of Virginia Beach; and
31
32 WHEREAS, it is the judgment of the Council that the Right -of -Way
33 Property be discontinued, closed, and vacated, subject to certain conditions having
34 been met on or before one (1) year from City Council's adoption of this Ordinance, and
35 conveyed to Yardarm as part of a land exchange in accordance with the Exchange
36 Agreement.
37
38 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
39 Virginia Beach, Virginia:
40
41
42
43 GPIN: City right-of-way no GPIN assigned
44 Adjacent to 2418-92-6002
1
45
46 SECTION 1
47
48 That the hereinafter described Right -of -Way Property be discontinued,
49 closed and vacated, subject to certain conditions being met on or before one (1) year
50 from City Council's adoption of this ordinance:
51
52 All that certain piece or parcel of land situate, lying and being
53 in the City of Virginia Beach, Virginia, designated and
54 described as "Hatched Area of R/W To Be Vacated
55 Containing 2,511 Sq. Ft. Or 0.058 Acres" on the "Exhibit
56 Showing a Closure of a Portion of Holly Road", a copy of
57 which is attached hereto as Exhibit B.
58
59
60 SECTION II
61
62 The following conditions must be met on or before one (1) year from City
63 Council's adoption of this ordinance:
64
65 1. The City Attorney's Office will make the final determination regarding
66 ownership of the underlying fee. The purchase price to be paid to the City is normally
67 determined according to the "Policy Regarding Purchase of City's Interest in Streets
68 Pursuant to Street Closures," approved by City Council. Copies of said policy are
69 available in the Planning Department. No purchase price shall be charged to the City in
70 this street closure, however, because the City is both the owner of the underlying fee
71 and the Applicant seeking this street closure.
72
73 2. The City shall re -subdivide the property and vacate internal lot lines to
74 incorporate the closed area into the adjoining parcel, known as 408 Laskin Road GPIN
75 2418-92-6002. The plat must be submitted and approved for recordation prior to final
76 street closure approval.
77
78 3. The City shall verify that no private utilities or existing public
79 improvements exist within the right-of-way proposed for closure. Preliminary comments
80 from the utility companies indicate that there are no private utilities within the right -of -
81 way proposed for closure. If private utilities or public improvements do exist, easements
82 satisfactory to the utility company and the City must be provided.
83
84 4. Closure of the right-of-way shall be contingent upon compliance with
85 the above stated conditions within one (1) year of approval by City Council. If all
86 conditions noted above are not in compliance and the final plat is not approved within
87 one (1) year of the City Council vote to close the street, this approval will be considered
88 null and void.
89
90 5. The City shall not record the resubdivision plat unless and until the City
91 and Yardarm have executed the Exchange Agreement for the property interests needed
92 from Yardarm and the City and Yardarm are ready, willing and able to close on the
93 transaction.
94
95
96 SECTION III
97
98 1. If the preceding conditions are not fulfilled on or before May 9, 2013,
99 this Ordinance will be deemed null and void without further action by the City Council.
100
101 2. If all conditions are met on or before May 9, 2013, the date of final
102 closure is the date the street closure ordinance is recorded by the City Attorney.
103
104 3. The City Manager or his designee is authorized to execute whatever
105 documents are necessary to convey the City's interest in the underlying fee to Yardarm
106 in accordance with the Exchange Agreement, provided said documents are approved
107 by the City Attorney's Office.
108
109 SECTION IV
110
111 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
112 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
113 OF VIRGINIA BEACH as "Grantor" and "Grantee."
114
115 Adopted by the Council of the City of Virginia Beach, Virginia, on this
116 day of , 2012.
CA11952
R-1
April 20, 2012
APPROVED AST CONTENT:
J �
Planning D partment
APPROVED AS TO LEGAL
SUFFICIENCY:
Lato, q- ia446vt l
City Attorney
3
APPROVED AS TO CONTENT:
lic Works/Real Estate
EXHIBIT A
SUMMARY OF TERMS
EXCHANGE OF 2,511 SQ. FT. (0.058 ACRE) RIGHT-OF-WAY TO BE VACATED
FOR 1,777 SQ. FT. (0.041 ACRE) OF PROPERTY OWNED BY YARDARM
HOLDINGS, LLC NEEDED FOR RIGHT-OF-WAY FOR THE LASKIN ROAD
GATEWAY PROJECT
PARTIES: City of Virginia Beach ("City")
Yardarm Holdings, LLC, a Virginia limited liability company
("Yardarm")
PUBLIC RIGHT OF WAY
TO BE VACATED AND
CONVEYED: 2,511 Sq. Ft. (0.058 Acre) of Right -of -Way located at the
intersection of Holly Road and Laskin Road, adjacent to 408
Holly Road ("Right -of -Way to Be
Vacated")
Estimated value of Right -of -Way to Be Vacated and
conveyed to Yardarm: $200,880 ($80/s.f.)
PROPERTY TO BE
ACQUIRED BY CITY
FOR ROAD PROJECT: 1,777 Sq. Ft. (0.041 Acre) portion ("Yardarm
Property") of lot owned by Yardarm Holdings, LLC (GPIN
2418-92-5169)
Appraised value of Yardarm Property to be conveyed to be
conveyed to City: $106,620 ($60/s.f.)
Estimated value = $142,160 ($80/s.f.)
CONDITIONS OF SALE
A resubdivision plat prepared by the City vacating the portion of Right -of -Way
to Be Vacated will be recorded immediately prior to closing.
At closing Yardarm will transfer the Yardarm Property to the City, free and clear
of all liens and encumbrances, and the City will transfer the Right -of -Way to be
Vacated to Yardarm, subject to all conditions of the Street Closure imposed by
City Council.
Yardarm will accept the Right-of-way to Be Vacated as total just compensation
for the Yardarm Property and damages to the residue, if any.
This exchange is subject to approval of City Council vacating the Right -of Way
to be Vacated. If Council does not authorize the vacation of the right -of way
and conveyance to Yardarm, then the City may acquire the Yardarm Property
by a cash payment of $142,160 or through the exercise of condemnation
proceedings.
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K. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BIKEWAYS and TRAILS ADVISORY COMMITTEE
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS
COMMUNITY SERVICES BOARD
MINORITY BUSINESS COUNCIL
TOWING ADVISORY BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
PUBLIC COMMENT
Non -Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
CITY COUNCIL WORKSHOP
AUGUST 7, 2012
CANCELLED
City Council invites ALL citizens to participate in your
NEIGHBORHOOD NATIONAL NIGHT OUT
2012 CITYHOLIDAYS
Monday, May 28
Memorial Day
Wednesday, July 4
Independence Day
Monday, September 3
Labor Day
Monday, November 12
Veteran's Day
Thursday, November 22
Thanksgiving Day
Friday, November 23
Day After
Thanksgiving
Monday, December 24
Christmas Eve (half-
day)
Tuesday, December 25
Christmas Day
CITY OF VIRGINIA BEACH
FY2012-2013 RESOURCE
SUMMARY OF COUNCIL ACTIONS
MANAGEMENT PLAN (Budge
DATE: 04/24/2012
A. City Council/School Board JOINT
PAGE: 1
D
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WORKSHOP
E
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AGENDA
D
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ITEM # SUBJECT MOTION VOTE
A
T
E
D
N
O
M
S
H
L
W
Y
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
I)
I
FY2012-2013 RESOURCE
MANAGEMENT PLAN (Budge
A. City Council/School Board JOINT
WORKSHOP
B. City Council WORKSHOP
11/III/IVN/
CERTIFICATION OF CLOSED
CERTIFIED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
VI -E
SESSION
F
MINUTES —April 10, 2012
DEFERRED TO
B
Y
C
O
N
S
E
N
S
U
S
MAY 8TH
G-1
MAYOR'S PRESENTATION
LAW ENFORCEMENT DAY — April 24,
Deputy Sheriff
2012
Dennis Free;
Chesapeake Police
Chief Kelvin L.
Wright; Marc
Stedman, James City
County
H/1-1
PUBLIC HEARING
CAFE FRANCHISE LEASES OF CITY-
No Speakers
OWNED PROPERTY
J-1
1168 ASSOC, LLC. closure of portion
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
of First Colonial Road/Mill Dam Court to
CONDITIONEDD,
incorporate area into adjoining parcel.
BY CONSENT
DISTRICT 5 - LYNNHAVEN
2
OCEAN RENTAL PROPERTIES,
DEFERRED TO
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
LLC Non -Conforming Use at 403 16T" St
TH
BY
MAY BY
re single family dwellings on one lot
CONSEE
DISTRICT 6 - BEACH
3
ERNEST D. PARRISH/LYNNHAVEN
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
COLONY SHOPS CUP re truck/trailer
CONDITIONED BY
rentals at 2973 Shore Drive. DISTRICT
CONSENT
5-LYNNHAVEN
4
SOUTHGATE COMMONS,
APPROVED AS
10-0
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
Y
LLC/HOLLOMAN BROWN
PROFFERED, BY
B
FUNERAL HOME, INC. Conditional
CONSENT
S
COZ from AG-1/AG-2 to Conditional B-
T
2/I-1 at Princess Anne/Dam Neck Roads
A
re retail/office use. DISTRICT 7 -
I
PRINCESS ANNE
N
E
D
CITY OF VIRGINIA BEACH
PRINCESS ANNE/H & R RE,
APPROVED/
10-0
Y
Y
Y
Y
Y
A
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
LP./SOUTHGATE COMMONS, LLC.
CONDITIONED,
BY CONSENT
DATE: 04/24/2012
CUP re a Convalescent Home at Princess
PAGE: 2
D
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S
Anne/Dam Neck Road.
E
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W
AGENDA
D
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ITEM # SUBJECT MOTION VOTE
A
T
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D
N
O
M
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H
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W
I
V
E
Z
Y
L
N
O
O
R
S
O
1
P
E
E
E
E
S
M
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O
O
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Y
S
S
S
N
N
D
5
PRINCESS ANNE/H & R RE,
APPROVED/
10-0
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
Y
LP./SOUTHGATE COMMONS, LLC.
CONDITIONED,
BY CONSENT
B
CUP re a Convalescent Home at Princess
S
Anne/Dam Neck Road.
T
DISTRICT 7 - PRINCESS ANNE
A
I
N
E
D
6
BAYLAKE UNITED METHODIST
APPROVED/
9-2
Y
Y
N
Y
Y
Y
N
Y
Y
Y
Y
CHURCH CUP re child care center at
ADDED
CONDITIONS
4300 Shore Drive. DISTRICT 4 -
BAYSIDE
7
1792 PRINCESS ANNE ROAD,
APPROVED/
10-0
Y
Y
A
Y
Y
Y
Y
Y
Y
Y
Y
L.L.C. at Princess Anne/Indian River
PROFFERED/
B
Roads. DISTRICT 7 - PRINCESS
ADDED
CONDITIONS
S
ANNE
T
A
a. Conditional COZonin¢ from B-2/
I
AG -2 to Conditional B-2
N
I
b. CUPermit re auto service station
N
G
8
KROLL ENTERPRISES, INC./N & K
DEFERRED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
PROPERTIES, LLC/B & W
INDEFINITELY,
BY CONSENT
PROPERTY DEVELOPMENT, LLC
COZ from AG- I/AG-2/R-15/ B -1 to
Conditional R-7.5 at Nimmo
Parkway/Camino Real South re family
dwellings on fee -simple lots. DISTRICT 7
PRINCESS ANNE
9
Ordinance to AMEND the CZO:
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
CONSENT
a. Sections 111/1804 defining "Indoor
Play Centers"/designating
"incompatible" in Clear Zone/ APZ-1
re manufacturing uses as "compatible"
in greater than 75 dB DNL Noise
Zone/APZ 1/2; ADDING "Religious
Uses" to Tables 1/2 of Section 1804
b. Section 1810 redesign features for
structures in APZ-1
10
Ordinance to AMEND the Comp Plan re
ADOPTED, BY
10-1
Y
Y
Y
Y
Y
Y
N
Y
Y
Y
Y
2012 Lynnhaven Strategic Growth
CONSENT
Area Master Plan/revising the Policy
Document
K-1
PUBLIC HEARING
45 Speakers
FY 2012-2013 RESOURCE
MANAGEMENT PLAN
CITY OF VIRGINIA BEACH
ORDINANCES/RESOLUTIONS
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
CONSENT
DATE: 04/24/2012
Ordinance to GRANT Franchise
PAGE: 3
D
S
Agreements for Open Air Cafes in the
E
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AGENDA
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ITEM # SUBJECT MOTION VOTE
A
T
E
D
N
O
M
S
H
L
W
V
E
Z
Y
L
N
O
O
R
S
O
I
P
E
E
E
E
S
M
I
O
O
S
H
L
R
Y
S
S
S
N
N
D
L-1
ORDINANCES/RESOLUTIONS
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
CONSENT
Ordinance to GRANT Franchise
Agreements for Open Air Cafes in the
Resort Area
a. One-year Franchise
Manhattan's Restaurant Cafe
Shoreline Grill Caf&
Shoreline Grill Cafe
Cabanas Seaside Bar & Grille
b. Five-year Renewals
22nd Street Raw Bar
23`d Street Caf6
Abbey Road
Little Feets
Luna Sea
Shoreline Grill
Mahi Mah's
Shoreline Grill
Mahi Mah's
Neptune's
Timbuktu
Dough Boy's
Four Sails
Dough Boy's
Calypso Bar & Grill
Oceanhouse Waterhouse
Laverne's
ADOPTED, BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Y
Barclay Towers
CONSENT
B
S
T
A
I
N
E
D
2
Ordinance to ESTABLISH Capital
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Budget/APPROPRIATE $482,000 from
CONSENT
Eco Dev/ $354,000 from the developer re
"Progress Lane Extension"
3
Ordinance to increase
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
APPROPRIATIONS of $2,400,000 to
CONSENT
the Fuels Internal Service/$1,600,000 to
the City Garage to address cost -of -goods -
sold
CITY OF VIRGINIA BEACH
Resolution to REQUEST the Circuit
ADOPTED
10-1
Y
Y
N
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
Court to order a Referendum Election
DATE: 04/24/2012
on November 6, 2012, re "supporting the
PAGE: 4
D
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financing and development of The Tide
E
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AGENDA
D
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ITEM # SUBJECT MOTION VOTE
A
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D
N
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H
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W
N
V
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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
4
Resolution to REQUEST the Circuit
ADOPTED
10-1
Y
Y
N
Y
Y
Y
Y
Y
Y
Y
Y
Court to order a Referendum Election
on November 6, 2012, re "supporting the
financing and development of The Tide
Light Rail into Virginia Beach"
5
Resolution that City Council REQUEST
MOTION TO
3-7
N
Y
Y
A
N
N
Y
N
N
N
N
the General Assembly AMEND the City's
APPROVE LOST TO
B
Charter to provide for Election of City
NEGATIVE VOTE
S
Council Members who represent City's 7
T
Residence Districts only by voters in
A
respective Residence Districts as opposed
I
to the At Large Voting
N
E
D
L
APPOINTMENTS
RESCHEDULED
B
Y
C
O
N
S
E
N
S
U
S
ARTS and HUMANITIES
COMMISSION
BIKEWAYS and TRAILS ADVISORY
COMMITTEE
BOARD OF BUILDING CODE
APPEALS
BOARD OF ZONING APPEALS
MINORITY BUSINESS COUNCIL
TOWING ADVISORY BOARD
AUDIT COMMITTEE
Reppointed: 3 year
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
term 05/15/2012 —
05/14/2015
JoAnn Au one
COMMUNITY SERVICES BOARD
Appointed:
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Unexpired terns thru
12/31/2012 plus 3
years 01/01/2013 -
12/31/2015
Cynthia F. Harrison,
Family Member
OLD BEACH DESIGN REVIEW
Appointed: No Term
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
COMMITTEE
Stevan Troutman
N/O/P
ADJOURNMENT
11:04 PM
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE: 04/24/2012
PAGE: 5
D
S
E
D
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W
AGENDA
D
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I
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J
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ITEM # SUBJECT MOTION VOTE
A
T
E
D
N
O
M
S
H
L
W
V
E
Z
Y
L
N
O
O
R
S
O
I
P
E
E
E
E
S
M
I
O
O
S
H
L
R
Y
S
S
S
N
N
D
FY 2012-2013 BUDGET HEARINGS
May I Budget Reconciliation Workshop - Council Chamber - Time TBD
May 8 BudgetAdoption - Council Chamber - 6:00 PM
CITY COUNCIL WORKSHOP
AUGUST 7, 2012
CANCELLED
City Council invites ALL citizens to participate in your
NEIGHBORHOOD NATIONAL NIGHT OUT
2012 CITY HOLIDAYS
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