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AUGUST 14, 2012 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District d GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 JOHND.MOSS, At -Large JOHN E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITYMANAGER -JAMES K. SPORE CITY ATTORNEY- MARK D. STILES CITY ASSESSOR - JERALD D. BANAGAN CITYAUDITOR-LYNDONS. REMIAS CITY CLERK - RU'T'H HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 14 August 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.com I. CITY COUNCIL BRIEFING - Conference Room - 3:30PM A. GASB 45 ACTUARIAL VALUATION Lyndon Remias, City Auditor II. CITY MANAGER'S BRIEFINGS A. SPOT BLIGHT Andrew Friedman — Director, Housing and Neighborhood Preservation B. EROSION and SEDIMENTATION Program Steve Herbert, Deputy City Manager III. CITY COUNCIL LIAISONS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. 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 VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend James M. Pugh, Jr. Pastor, Rugged Cross Cowboy Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 10, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. 2012 MAYOR'S CUP — American Red Cross - Award to the City of Virginia Beach Page Gambill, President and CEO of the Mid -Atlantic Region 2. UNITED WAY OF SOUTH HAMPTON ROADS — Award to the City of Virginia Beach Carol McCormack, CEO 3. VIRGINIA BEACH CRIME SOLVERS Resolution recognizing their 30th Anniversary 4. GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips - Director, Finance I. PUBLIC HEARINGS 1. REAL and PERSONAL PROPERTY TAX - Exemptions a. Fit For Purpose Ministry, Inc. b. Love and Caring for the Homeless, Ltd c. Vanguard Landing, Inc. d. Virginia Musical Theatre, Inc. 2. PUBLIC EASEMENT - Vacation Salem Lakes Subdivision 3. POLLING CHANGES — Location Changes Brookwood and Lynnhaven Precincts J. PUBLIC COMMENT HILLTOP - SGA K. ORDINANCE S/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §2-2.47 re deletion of certain responsibilities of the Department of Management Services b. §25-1 re definition of Junk Dealers, Pawnbrokers and Secondhand Dealers c. §10-1 re change in the Polling location of Brookwood and Lynnhaven Precincts d. §§35-3, 35-3.1, 35-26, 35-41, 35-63, 35-73 and 35-80.1 and ADD §35-42 re responsibilities of the Real Estate Assessor and the Commissioner of the Revenue 2. Ordinances to EXEMPT from Real and Personal Property Taxation: a. Fit for Purpose Ministry, Inc. b. Love and Caring for the Homeless, Ltd. c. Vanguard Landing, Inc. d. Virginia Musical Theatre, Inc 3. A Resolution to RECONSTITUTE the Investigation Review Panel 4. Ordinance to AUTHORIZE a Cooperative Agreement between the City Council and the School Board and Administration re Legal Services by the City Attorney for Fiscal Year 2013 5. A Resolution to AUTHORIZE a Performance Contract between the Community Services Board (CSB) and the Commonwealth of Virginia re Mental Health Services and funding 6. Ordinance to AUTHORIZE the City Manager to EXECUTE documents to vacate pedestrian access easements around the lakes of Salem Lakes Subdivision 7. Ordinance to CORRECT the effective date of an Ordinance adopted June 26, 2012, re Deputy Sheriff positions from July 1, 2013, to July 1, 2012, authorized by the State Compensation Board 8. A Resolution to APPOINT Sandy M. Madison to the position of Deputy City Clerk II 9. Ordinance to AUTHORIZE temporary encroachments into the portions of the public right-of-way (DISTRICT 4 — BAYSIDE): a. COWLES M. SPENCER, JR. re bulkhead, stairs, platform, and elevated open pile walkway at 4926-A Lauderdale Avenue b. STEPHEN D. HALLIDAY re bulkhead, stairs, platform elevated open pile walkway at 49u5 - B Lauderdale Avenue 10. Ordinances to APPROPRIATE funds to provide Interest Free Loans repurchase and replacement of ambulances: a. Kempsville Rescue Squad, Inc. - $80,000 b. Virginia Beach Volunteer Rescue Squad, Inc. - $375,000 c. Plaza Volunteer Rescue Squad - $75,000 d. Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. - $15,000 11. Ordinances to ACCEPT and APPROPRIATE: a. $119,249 from the Edward Byrne Justice Assistance Grant (JAG) to Police, Sheriff, Courts and Community Corrections b. $60,000 from the Virginia Department of Criminal Justice Services (DCJS) to Human Services re Pre -Trial Probation Officer I part-time positions and contracted manpower c. $56,730 from the Edward Byrne Justice Assistance Grant (JAG) with a $6,304 local match re a system -wide evaluation of the Juvenile Probations Services d. $25,000 from the Virginia Department of Criminal Justice Services to Human Services re Juvenile delinquency e. $25,000 from the Virginia Department of Criminal Justice Services to Police re child pornography L. PLANNING Application of PARKWAY ESTATES, LLC for a Floodplain Variance re single family lots at Townfield Lane south of Nimmo Parkway (DISTRICT 7 - PRINCESS ANNE) (re a CUP approved October 23, 2007) RECOMMENDATION: APPROVAL 2. Application of WEBSTER R. and MARY ELIZABETH LAWLER for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 6902 Atlantic Avenue (DISTRICT 5 — LYNNHAVEN) STAFF RECOMMENDS DENIAL PLANNING COMMISSION RECOMMENDS APPROVAL 3. Application of TENCH H. PHILLIPS, JR. for a Conditional Use Permit Modification re site and building improvements for automobile sales and service at 4949 Virginia Beach Boulevard (Approved by City Council on August 25, 1995) (DISTRICT 4- BAYSIDE) RECOMMENDATION: APPROVAL 4. Application of MICHAEL J. BARRETT/SALT MEADOW BAY, LLC, for a Modification of Proffers Nos. 1, 3, and 4 re townhouses at Barberton Drive and Oakland Avenue (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 5. Application of TGM REALTY INVESTORS, INC./TECHNOCENTER ASSOCIATIONS, LLC for a Conditional Use Permit re a private college (Stratford University) at 555 South Independence Boulevard (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 6. Application of RESERVE INVESTMENTS II, INCJBILL SMITH, ETAL, TRUSTEES FOR ARAGONA CHURCH OF CHRIST for a Change of Zoning District Classification, from PDH - 2 Planned Unit Development Overlay District to P-1 Preservation District at 527 Witchduck Road (DISTRICT 4 - BAYSIDE) RECOMMENDATION: APPROVAL 7. Application of COURTHOUSE GREEN, LLC for a Change of Zoning District Classification, from R-51) (Conditional PD -1-12) District to P-1 Preservation District at 2504 North Landing Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE — COG M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT APPROVAL PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers 2012 CITYHOLIDAYS Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Thanksgiving Monday, December 24 day) Tuesday, December 25 Labor Day Veteran's Day Thanksgiving Day Day After Christmas Eve (half - 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 I. CITY COUNCIL BRIEFING - Conference Room - 3:30PM A. GASB 45 ACTUARIAL VALUATION Lyndon Remias, City Auditor IL CITY MANAGER'S BRIEFINGS A. SPOT BLIGHT Andrew Friedman — Director, Housing and Neighborhood Preservation B. EROSION and SEDIMENTATION Program Steve Herbert, Deputy City Manager III. CITY COUNCIL LIAISONS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. 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 VII. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend James M. Pugh, Jr. Pastor, Rugged Cross Cowboy Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 10, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. 2012 MAYOR'S CUP — Award to the City of Virginia Beach American Red Cross 2. UNITED WAY OF SOUTH HAMPTON ROADS — Award to the City of Virginia Beach Carol McCormack, CEO 3. VIRGINIA BEACH CRIME SOLVERS Resolution recognizing their 30t1i Anniversary 4. GFOA EXCELLENCE IN FINANCIAL PLANNING Patricia Phillips - Director, Finance WHEREAS.- The VIRGINIA BEACH CRIME SOLVERS was established in 1982 by a group of local businessmen responding to a growing crime rate in our City. The original Board of Directors were: Al Craft, Chair; John J. Kruger, Vice Chair; Tom Gmitter, Secretary; Bob DeFord, Treasurer; and, Members Thomas C. Broyles, Mary Ellen Cox, Ed Crittennden, Glenn R Croshaw, George Duvall, John Godfrey, Marlene J. Hager, Ernie Hyer, Clarence Keel, Bill Myers, Dennis O Hearn, Ragan B. Pulley, Jr., Gerald Weimer, Roy Willman, Navy Captain Danny Michaels and Aaron Parsons; WHEREAS. The strong tripartite partnershp between the Community, the Media and the Police Department allowed this program to flourish. It is now recognitied as one of the top Crime Solver organitiations in North America; WHEREAS: Since 1982, anonymous tips to the Crime Solvers have resulted in more than 7,158 arrests and more than 14,829 solved crimes. The Virginia Beach Crime Solvers have recovered over Thinly -two Million, Sixty-seven Thousand, Two Hundred and One Dollars [;32,067,201] in narcotics and stolen property while paying out over Eight HundredFifty One Thousand Five Hundred Thiry -one Dollars [;851,531] in `cash rewards" to anonymous tipsters; WHEREAS: The Federal Bureau of Investigations [FBI] rated the Ciy of Virginia Beach in 2010 as the `lowest violent crime rate ciy in the United States", based among all cities with a population of Three Hundred Thousand or more; and, WHEREAS: The Virginia Beach Crime Solvers, in conjunction with the Virginia Beach Police, is what makes this city a safe place to live, work, play and raise a family. Those currently senving as the Board, Executive Committee and Members are: Joe 0 T. ien, Chair; Freddi E. Moody, Vice Chair; Bonnie P. Capito, Secretary; Daniel D. Edwards, Treasurer; and, Members. • Don Albee, Mane Bauckman, Ginger Carl, James H. Capps Aod W Craft, III, Ross Forster, Dr. Valerio M. Genta; Nancy Guy, Carleen Lombardo, Roseann Lugar Stuart Myers Karl Nichols, Ragan B. Pulley, Jr., Chris Roberts, Laura Roland, Lawrence E. Ronan, Troy Snead, Ruth Ann Steenburgh, Thomas H. Thatcher, Donald R. Thrush, Marion Wall and Francis L. Warren, Jr. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations this Fourteenth day of August, Two Thousand and Twelve, to recognize the Virginia Beach Crime Solvers and pay tribute to the many cititiens who have made sacrifices to ensure the success of this organination as well as those who have been attentive and `Yipped" the appropriate information to those who could solve crimes and maintain the safe environment we all enjoy. BE IT FURTHER RESOLVED. That all citizens celebrate this Thirtieth Anniversary of the Virginia Beach Crime Solvers and pledge their assistance to continue the success of this program and the safey of our historical city. Given under our hands and seals this Z&WB� CnunciLman Glom R. Davis w CouncifLadyRose (4 Wilson Certificate of Achievement for Excellence in Financial Reporting Presented to City of Virginia Beach Virginia For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2011 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. r cE OFF,,F �. E s �C w UlITmAND 9N s President y/�� SEAL Executive Director I. PUBLIC HEARINGS REAL and PERSONAL PROPERTY TAX - Exemptions a. Fit For Purpose Ministry, Inc. b. Love and Caring for the Homeless, Ltd c. Vanguard Landing, Inc. d. Virginia Musical Theatre, Inc. 2. PUBLIC EASEMENT - Vacation Salem Lakes Subdivision POLLING CHANGES — Location Changes Brookwood and Lynnhaven Precincts J. PUBLIC COMMENT HILLTOP - SGA /& 401 V^ 51, NOTICE OF PUBLIC HEARING Proposed Exemptions from Local Property Taxation By Designation On Tuesday, August 14, 2012, at 6:00 PM in the Council Chamber on the second floor of the City Hall building, Municipal Center, Virginia Beach, Virginia, the City Council of the City of Virginia Beach will hold a Public Hearing on an ordinance to exempt the following entities from local real and personal property taxes:, Fit for Purpose Ministry, Inc., has a real property assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $1,589 and taxes assessed at $58.75; love and Caring for the Nameless, Ltd., has a real property assessment of $256,800 and taxes assessed at $2,285.52 and tangible personal property assessment of $23,225 and -taxes assessed at $859.33; Vanguard Landing, Inc., has a real property assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $0 and taxes assessed at $0; and Virginia Musical Theatre, Inc., has a real property assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $36,963 and taxes assessed at $1,367.64. A copy of the proposed ordinance is on file in the office of the City Clerk. All interested persons are welcome to appear at the hearing and present their Views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at 1-800- 82$-1120. Ruth Hodges Fraser. MMC City Clerk Beacon July 29, 2012 23149097 PUBLIC NEARING VACATION OF PUBLIC EASEMENT SALEM LAKES SUBDIVISION The Virginia Beach City Council will hold a PUBLIC NEARING regarding vacation of the public easement and removal of the asphalt path around the lakes of the Salem Lakes Subdivision on Tuesday. August 14. 2012, at 6:00 P.M. in the Council Chamber -of the City Nail Building (Building #1) at the Virginia Beach Municipal Center. Any questions concerning this matter should be directed to Mike Parkman or Rick Rowe, Department of Parks and Recreation at (757) 385-0400. If you are physically disabled or visually impaired and need assistance at this meeting, please call fhe CITY CLERK'S OFFICE at 385- 4303; Nearing Impaired, call TDI} 711 (TDD - Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon July 23 & Aug. 5.2012 23146613 PUBLIC HEARING CHANGING POLLING LOCATION CITY OF VIRGINIA BEACH The City Council of Virginia Beach, Virginia at its formal session on August 14 at 6^00 PM will consider an ordinance to make chan9es to the polling location for the Brookwood and Lynnhaven Precincts. The ordinance proposes that the Brookwood Precinct polling place be moved from the Bow Creek Recreation Center - at 3427 Clubhouse Road to Plaza Annex at 641 Carriage Hill Road and the Lynnhaven Precinct polling place be moved from the First Landing Fire Station at 2837 Shore Drive to Tidewater Area Christian Fellowship at 2961 Shore Drive. After adoption by City Council, these changes will become effective following approval by the United States Department of Justice, pursuant to the Voting Rights Act of 1965, as amended. A description and map of the polling place. changes, as well as a copy of the aforesaid ordinance, may be inspected in the Voter Registrar's Office. which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach, Virginia, 23456, The Public Hearing will be conducted in the City Council Chamber of the Administration Building (Building #f1) at the Municipal Center. if you are physically disabled or Visually impaired and need assistance at this meeting, please, call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired. 'call TDD only 711 (TDD - Telephonic Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon July 22 & 29, 2012 23139698 2 OUR N' VOTER REGISTRAR City of Virginia Beach The Honorable William D. Sessoms, Jr., Mayor and City Council Members City Hall Building #1 Municipal Center Virginia Beach, Virginia 23456 Dear Mayor and Council Members, VBgov.com P.O. BOX 6247 VIRGINIA BEACH, VIRGINIA 23456-0247 (757)385-8683 FAX (757) 385-5632 TDD 711 www.vbgov.conVvoter July 17, 2012 On your agenda for August 14, 2012, is an ordinance for two (2) polling location changes. Due to construction, Precinct 77 at Bow Creek Community Recreation Center, 3427 Clubhouse Road, will move to Plaza Annex, 641 Carriage Hill Road. Due to limited parking, Precinct 49 at First Landing Fire Station, 2837 Shore Drive will move to Tidewater Area Christian Fellowship, 2961 Shore Drive. Enclosed please find maps that have been marked to show the changes. If you have any questions about this matter, please feel free to call me at 385-8683. Sincerely, Donna Patterson General Registrar DP:cs Enclosures 27 �o 'j i a 1 FRAM CI$ ' CT 650 °a;i?WDo1,._ ��` � ROSEGATE � WREN R ' BROOKWOOD PRECINCT POLLING LOCATION CHANGE LBEt N.,-TtLIBQ�m WAYNE Sr co- i BARRY ST �. °RIVERS WOR Op ��ylfi n EYN`�' T PAIJ.Cf PL_,__ ,r__ $ COM NTAL ST sie GArBWAY 0. �. 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II AVI t0R PR AN OR MASSANU o cTo CfX AICA DA �� CTAS EAG1F V C)•,TIJ, B R i ?S ory\ Bglp FRFp I+yAX CT 4 A 9 U�RE S,F -Green J'"3'4��l '- w ~_\ / G�irs ��'3"5 LU L.�. /'�-.- IGICT \•\..eEL V-"1 g Y.....; Y Rim t NECK RD I LYNNHAVEN PRECINCT - _ POLLING LOCATION CHANGE �---t ----- I SAPEAKE 1 !'BAY I I 1 SENT E WY 2 ERIK GDIN RSEN CT �� 3 4 RERGEML CT 1 5 RIPTIDE CT� S}10AE AJ A MOVED T0: wAto ' S T AN �Ac o \ i A Tidewater Area Christian Fellowship 2961 Shore Drive gl a ER o p� X _ s oiCY� � o z o � s r , • LQ l � ; P� ; .s MOVED FROM: First Landing Fire StT ation SYAV5 AY " A9\ �� A�a� tis 2837 S r c" oef � =�,soaarkF ilOre Drive 9 2 - E �s DES l`AV P Y R SJ� �s iS y O LYNN_ HAVFM DRIR4E 9 R �R B �O O DM' yip myA` 9{ MAM C R•3,' P CI { Gf4E tlFMRY ON 4 � Y 4p a 9R A AESZa RES. p� a v oq � � 14, �. �AF6j. tyLOLY. �9 G r- 4 �ny Congpo �4I, :•» I ' Z DOLPNEN RD:. �NaAi tM ce m ' •�...:.-.... P/A� : � •� `AOS' ■ M ■ 40 .-�__INLET�D " �Fz LuN".--.-•L �,( AD $R+ y t\Elm �--„- CANAL RD 0 C i pti� a0 : I JT CRC E n-'_-..-•� h 0.p EE t NEELINGW000;2 3 , 017 I get orM��' �o� P �� /,4MAS9E1H FunT _ I wain \E i�CoPAbhur ter ♦ 1s wo-`p� j NI�L�.• '�, A�ASEEYR s tA., ' NOVSRR y'� Q�Sw FSTgh, G r ! 4 >. ast lw K ..-. ", Al 50. � a •SIV�lLINGN A INTS Great x fleck T- 1 SAY�f4 X t a � r� k � � O �t .. ,.`w��` f0 .` /• P�v'f�� "' .. ,O' �r I A R%`-rA�7FRSFLiCf -17 K. ORDINANCES/RESOLUTION S 1. Ordinances to AMEND the City Code: a. §2-2.47 re deletion of certain responsibilities of the Department of Management Services b. §25-1 re definition of Junk Dealers, Pawnbrokers and Secondhand Dealers c. §10-1 re change in the Polling location of Brookwood and Lynnhaven Precincts d. §§35-3, 35-3.1, 35-26, 35-41, 35-63, 35-73 and 35-80.1 and ADD §35-42 re responsibilities of the Real Estate Assessor and the Commissioner of the Revenue 2. Ordinances to EXEMPT from Real and Personal Property Taxation: a. Fit for Purpose Ministry, Inc. b. Love and Caring for the Homeless, Ltd. c. Vanguard Landing, Inc. d. Virginia Musical Theatre, Inc 3. A Resolution to RECONSTITUTE the Investigation Review Panel 4. Ordinance to AUTHORIZE a Cooperative Agreement between the City Council and the School Board and Administration re Legal Services by the City Attorney for Fiscal Year 2013 5. A Resolution to AUTHORIZE a Performance Contract between the Community Services Board (CSB) and the Commonwealth of Virginia re Mental Health Services and funding 6. Ordinance to AUTHORIZE the City Manager to EXECUTE documents to vacate pedestrian access easements around the lakes of Salem Lakes Subdivision 7. Ordinance to CORRECT the effective date of an Ordinance adopted June 26, 2012, re Deputy Sheriff positions from July 1, 2013, to July 1, 2012, authorized by the State Compensation Board 8. A Resolution to APPOINT Sandy M. Madison to the position of Deputy City Clerk II 9. Ordinance to AUTHORIZE temporary encroachments into the portions of the public right-of-way (DISTRICT 4 — BAYSIDE): a. COWLES M. SPENCER, JR. re bulkhead, stairs, platform, and elevated open pile walkway at 4926-A Lauderdale Avenue b. STEPHEN D. HALLIDAY re bulkhead, stairs, platform elevated open pile walkway at 4926-B Lauderdale Avenue 10. Ordinances to APPROPRIATE funds to provide Interest Free Loans re purchase and replacement of ambulances: a. Kempsville Rescue Squad, Inc. - $80,000 b. Virginia Beach Volunteer Rescue Squad, Inc. - $375,000 C. Plaza Volunteer Rescue Squad - $75,000 d. Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. - $15,000 11. Ordinances to ACCEPT and APPROPRIATE: a. $119,249 from the Edward Byrne Justice Assistance Grant (JAG) to Police, Sheriff, Courts and Community Corrections b. $60,000 from the Virginia Department of Criminal Justice Services (DCJS) to Human Services re Pre -Trial Probation Officer I part-time positions and contracted manpower C. $56,730 from the Edward Byrne Justice Assistance Grant (JAG) with a $6,304 local match re a system -wide evaluation of the Juvenile Probations Services d. $25,000 from the Virginia Department of Criminal Justice Services to Human Services re Juvenile delinquency e. $25,000 from the Virginia Department of Criminal Justice Services to Police re child pornography CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 2-247 Pertaining to the Functions of the Department of Management Services MEETING DATE: August 14, 2012 ■ Background: Section 2-247 of the City Code delineates the responsibilities of the Department of Management Services. One of the responsibilities listed is to "allocate space for city agencies and coordinate leases for buildings or land used by city agencies." With the adoption of the FY 2010-11 Operating Budget, these responsibilities were transferred to the Department of Public Works to ensure alignment with other citywide facility management issues. ■ Considerations: This item is a housekeeping matter. The remaining responsibilities in Section 2-247 of the City Code directly correspond to the mission of the Department of Management Services. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Management Services City Manager: L ,--68� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE TO AMEND CITY CODE SECTION 2-247 PERTAINING TO THE FUNCTIONS OF THE DEPARTMENT OF MANAGEMENT SERVICES SECTION AMENDED: § 2-247 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-247 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 2-247. - Functions. The department of management services shall be responsible for resource management, review and allocation, for budget and capital program policy Development, and for the following general duties, including any other duties which may be required, assigned, or prescribed by the council or the city manager: (1) Plan, prepare, and develop the annual operating budget, including estimates of appropriations and revenues for support of the operating budget, consistent with the provisions of chapter 5 of the Charter, and carry out the same duties for all amendments (2) Plan, prepare, and develop the capital improvements program and capital budget in accordance with Section 2-195 and carry out the same duties for all amendments thereto. (3) Be responsible for short-term and multi-year financial forecasts of both expenditures and revenues and annually prepare a five-year forecast of expenditures and revenues. (4) Be responsible for economic and fiscal impact analysis, policy and fiscal analysis, and program evaluation services regarding city programs, agencies, business processes and projects, and for provision of management assistance services to teams, agencies and programs to improve cost management, business processes and operations. (5) Coordinate or carry out city-wide surveys, strategic and fiscal planning, and provide staff support for special studies and projects. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of )2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Managem t 86rvices Cit � e i e CA12341 R-1 July 13, 2012 a �yf tir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 25-1 of the City Code Pertaining to Definitions for Junk Dealers, Pawnbrokers and Secondhand Dealers MEETING DATE: August 14, 2012 ■ Background: Currently, the City Code definition of "secondhand dealer" includes those persons who purchase secondhand clothing from citizens and who then resell those items to the public. Because they are classified as secondhand dealers, they are required to purchase permits for themselves and all their employees from the City. They are also required to provide an item -by -item daily report to the police on each transaction. ■ Considerations: The Police Department tracks pawn and secondhand dealer transactions in an effort to track and recover stolen property. Because items such as clothing, children's items and furniture are not high theft items, and because this process is onerous on the business operator, this amendment will exclude these items from the secondhand dealer definition. Additionally, the current definition of secondhand dealer does not specifically identify the high theft category of "tools" and this amendment adds that category of items for mandatory reporting. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt ordinance. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police, W— City Manager: �` 1 AN ORDINANCE TO AMEND SECTION 25-1 2 OF THE CITY CODE PERTAINING TO 3 DEFINITIONS FOR JUNK DEALERS, 4 PAWNBROKERS AND SECONDHAND 5 DEALERS 6 7 SECTION AMENDED: § 25-1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 25-1 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 25-1. - Definitions. 15 For the purposes of this article, the following words and terms shall have the meanings 16 respectively ascribed to them by this section: 17 Junk dealer. The term "junk dealer" means any person who purchases, sells, barters or 18 exchanges any kind of secondhand articles, junk, rags, rag cullings, bones, bottles, 19 puer, scrap, metals, metal drosses, steel, iron, old lead or lead pipe, old bathroom 20 fixtures, old rubber, old rubber articles or other like commodities, except paper and 21 except furniture, clothes, shoes and stoves intended to be resold for use as such. 22 Pawnbroker. The word "pawnbroker" means any person who shall, in any manner, lend 23 or advance money or other things for profit on the pledge and possession of personal 24 property or other valuable things, other than securities or written or printed evidences of 25 indebtedness, or who deals in the purchasing of personal property or other valuable 26 things on condition of selling the same back to the seller at a stipulated price. 27 Secondhand dealer. The term "secondhand dealer" means any person who buys, sells, 28 barters or exchanges used or secondhand articles, such as firearms, jewelry, GlethiRg 29 tools, office machines, household appliances, radios, television sets, electronic 30 equipment, sporting equipment, photographic equipment, heating or plumbing fixtures 31 or supplies, electrical fixtures or wiring, gas fixtures or appliances, water faucets, pipes, 32 locks, bathtubs or any other secondhand merchandise intended to be resold for use as 33 such. This definition does not include those persons who exclusively buy, sell, barter or 34 exchange used or secondhand clothing furniture and non -electronic children's articles. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12012. APPROVED AS TO CONTENT: oHce Department CA12344 R-2 July 18, 2012 APPROVED AS TO LEGAL SUFFICIENCY: mft",Mo, _ , _ �S� �41h1 CITY OF VIRGINIA BEACH AGENDA ITEM Item: An Ordinance to Amend Section 10-1 of the City Code to Change the Polling Location of the Brookwood Precinct and Lynnhaven Precinct MEETING DATE: August 14, 2012 ■ Background: Due to construction, the Bow Creek Recreation Center can no longer serve as the polling location for the Brookwood Precinct (Precinct 77). The Plaza Annex, located at 641 Carriage Hill Road, is an acceptable polling location for the Brookwood Precinct. Due to limited parking, the First Landing Fire Station can no longer serve as the polling location for the Lynnhaven Precinct (Precinct 49). The Tidewater Area Christian Fellowship, located at 2961 Shore Drive is willing to serve as the polling location for the Lynnhaven Precinct. ■ Considerations: The two proposed precinct locations meet the requirements of the Americans with Disabilities Act. If adopted by Council, this change will become effective upon Section 5 Preclearance by the U.S. Department of Justice, pursuant to the Voting Rights Act of 1965, as amended, beginning with the General Election, November 6, 2012. ■ Public Information: Public notice of the proposed change was published in the Beacon on July 22 and July 29, and this item also was advertised in the same manner as all other agenda items. All voters in the precinct will receive new voter cards with the name and address of the new polling location. Finally, advertisements will be placed in the newspaper prior to the November General Election. ■ Attachments: Ordinance and Maps Recommended Action: Approval Submitting Department/Agency: Voter Registrar City Manager:Q�r V '��Cr LANRLA MAtSBU PAFM50 g BAICKH O#lE}A, f Pa. 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CT$ 5}EORi P'V C N Ct,ARtf�HE 11o' ` ,0VEw�cl— MOAa Tidewater Area Christian Fellowship � L* 2961 Shore Drive^f fj[� �EER,fON "`..� __.. ._ __•_.___.___.-._—._..-._—___ _ __._ .''sF OI� m� p � g T ' , • `r`�` � ``0 9 \ ^ _ S A � .r� � 's; ' .�, � WE OVED FROM: Fi Fire c N i " m rst Landing Statio € _ SPH Q B 7 n GT wr; f/ 9 re Drive 4 'ice FAV p1..'_l 'aH0 'Pmm� O A 2837 Sho Dr'v C P514;'Al LYNNHAVEN DR '9` '� i],•C, R � 1 P • BOJ GI B : DEAN 9 N E tlfMpr DM 4�f !� M • 1. 9R ' a a ��7 av ny Congregi t{` ICC LPH IN RD P _- n �N4RfINI BGS[N NG_"_� P+�'. ^• DUN in �- 5 i Park INLFT RD _ f5 4NL LN — H CA.NA'. RD RDYVF a KEF LD GWOOD 8 39 S ` d F j, § ain �,E ,Cop4lbhurl z ter , ��4 4 i .. (� p ♦ \�8`E,W.�jSr9;T1 SHIN ID, CT ea m� AON rR W, Neck 010 1 0, v /t t Fo FDRF 1 ai �� ,� x , •;P t �r +a •Yt' s >;'s Er LIs o- AN,, •fi. �.3,�0``!� f e9� J • I F `'� rya u�'ke� � ° o- i' s ��: w �F �v y WA7EASF06F 2 /I 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO CHANGE THE POLLING LOCATION OF THE 3 BROOKWOOD PRECINCT AND LYNNHAVEN PRECINCT 4 5 SECTION AMENDED: § 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 10-1 of the City Code is hereby amended and reordained, to read 11 as follows: 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their 16 respective polling places, as set forth below: 17 18 Precinct Polling Place 19 20 Alanton Alanton Elementary School 21 Aragona Kemps Landing Magnet School 22 Arrowhead Arrowhead Elementary School 23 Avalon Avalon Church of Christ 24 Baker Ebenezer Baptist Church 25 Bayside Bayside Elementary School 26 Bellamy Salem Middle School 27 Blackwater Blackwater Fire Station 28 Bonney Holland Road Baptist Church 29 Brandon Brandon Middle School 30 Brookwood Bow Greek 17enreatinn Genter 31 Plaza Annex 32 Buckner Green Run Baptist Church 33 Cape Henry Research and Enlightenment Building (Edgar 34 Cayce Library) 35 Capps Shop Back Bay Christian Assembly 36 Centerville Centerville Elementary School 37 Chesapeake Beach Bayside Baptist Church 38 Chimney Hill Congregation Beth Chaverim 39 College Park College Park Elementary School 40 Colonial Colonial Baptist Church 41 Colony Lynnhaven Colony Congregational Church 42 Corporate Landing Corporate Landing Middle School 43 Courthouse Courthouse Fire Station 44 Creeds Creeds Fire Station 45 Cromwell Salem United Methodist Church 46 Culver Ocean Lakes High School 47 Dahlia Green Run High School 48 Davis Corner Bettie F. Williams Elementary School 49 Eastern Shore Eastern Shore Chapel 50 Edinburgh St. Aidan's Episcopal Church 51 Edwin Kempsville Recreation Center 52 Fairfield Kempsville Presbyterian Church 53 Foxfire Princess Anne Middle School 54 Glenwood Glenwood Elementary School 55 Great Neck All Saints Episcopal Church 56 Green Run Green Run Elementary School 57 Haygood Haygood United Methodist Church 58 Hillcrest Victory Baptist Church 59 Holland Holland Elementary School 60 Homestead Providence Presbyterian Church 61 Hunt Princess Anne Recreation Center 62 Indian Lakes Indian Lakes Elementary School 63 Kings Grant St. Nicholas Catholic Church 64 Kingston King's Grant Presbyterian Church 65 Lake Christopher New Convenant Presbyterian Church 66 Lake Joyce Morning Star Baptist Church 67 Lake Smith Bayside Church of Christ 68 Landstown Landstown Community Church 69 Larkspur St. Andrews United Methodist Church 70 Lexington Larkspur Middle School 71 Linkhorn Virginia Beach Community Chapel 72 Little Neck Lynnhaven United Methodist Church 73 London Bridge London Bridge Baptist Church 74 Lynnhaven FiFst Landing FiFe Stat 75 Tidewater Area Christian Fellowship 76 Magic Hollow Virginia Beach Moose Family Center 77 Malibu Malibu Elementary School 78 Manor Providence Elementary School 79 Mt. Trashmore Windsor Woods Elementary School 80 Newtown Good Samaritan Episcopal Church 81 North Beach Galilee Episcopal Church 82 North Landing Hope Haven 83 Ocean Lakes Ocean Lakes Elementary School 84 Ocean Park Bayside Community Recreation Center 85 Oceana Scott Memorial United Methodist Church 86 Old Donation Old Donation Center for Gifted 87 Pembroke Pembroke Elementary School 88 Pinewood Lynnhaven Presbyterian Church 89 Plaza Lynnhaven Elementary School 90 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 91 Point O'View Kempsville Church of Christ 92 Red Wing Fraternal Order of Police, Lodge #8 93 Rock Lake Salem Elementary School 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 Rosemont Forest Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge Tallwood Thalia Thoroughgood Timberlake Trantwood Upton Village Windsor Oaks Witchduck Wolfsnare Central Absentee Voter Precinct Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Building Mount Olive Baptist Church Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Three Oaks Elementary School Thalia Lynn Baptist Church Windsor Oaks Elementary School Bayside Presbyterian Church Virginia Beach Christian Life Center Agriculture/Voter Registrar Building Squad Satellite Absentee Voter Courthouse Fire Station, Department of Motor Precincts (only for November Vehicles Office—Donna Drive, Department of Elections and Presidential Motor Vehicles Office—Buckner Boulevard Primaries) Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 12012. APPROVED AS TO CONTENT: I Voter Reg strar CA12335 R-1 July 3, 2012 APPROVED AS TO LEGAL SUFFICIENCY: tto ' ` ice CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 35-42 and to Amend Sections 35-3, 35-3.1, 35- 26, 35-41, 35-63, 35-73, and 35-80.1 of the City Code Pertaining to the Responsibilities of the Real Estate Assessor and the Commissioner of the Revenue MEETING DATE: August 14, 2012 ■ Background: The FY 2013 Operating Budget Annual Appropriation Ordinance provided direction to the City Manager to implement the organizational and financial adjustments necessary to realign the responsibilities of the Commissioner of the Revenue and the Real Estate Assessor. This alignment transfers the administration of the Disabled Veteran Exemption Program and Senior and Disabled Tax Relief Program from the Real Estate Assessor to the Commissioner of the Revenue. The responsibility for the assembly of the land book will be transferred from the Commissioner of the Revenue to the Real Estate Assessor. The Appropriation Ordinance provided a transfer of two FTEs and funding for this transition. ■ Considerations: The attached ordinance is primarily a housekeeping matter to ensure the City Code properly reflects the realignment of responsibilities authorized in the FY2013 Operating Budget. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendation: Approve the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Revenue Real Estate Assess and Commissioner of the City Manager. r V.""8wl 1 AN ORDINANCE TO ADD SECTION 35-42 AND TO 2 AMEND SECTIONS 35-3, 35-3.1, 35-26, 35-41, 35-63, 3 35-73, AND 35-80.1 OF THE CITY CODE 4 PERTAINING TO THE RESPONSIBILITIES OF THE 5 REAL ESTATE ASSESSOR AND THE 6 COMMISSIONER OF THE REVENUE 7 8 SECTION ADDED: 35-42 9 10 SECTIONS AMENDED: §35-3,35-3.1,35-26,35-41, 11 35-63, 35-73, and 35-80.1 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 16 1. That Section 35-42 is hereby added to the Code of the City of Virginia Beach to read as 17 follows: 18 19 Sec. 35-42. — Administration of the Disabled Veteran Real Property Tax Exemption 20 Program. 21 22 The disabled veteran real property tax exemption program shall be administered by the 23 commissioner of the revenue. The commissioner of the revenue shall administer this program 24 in accordance with the Virginia Constitution and the Virginia Code. 25 26 27 2. That Sections 35-3, 35-3.1, 35-26, 35-41, 35-63, 35-73, and 35-80.1 of the Code of the 28 City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: 29 30 CHAPTER 35 — TAXATION 31 32 ARTICLE I. IN GENERAL 33 34 Sec. 35-3. - Exoneration from payment or refund in cases of erroneous assessment. 35 36 (a) If the commissioner of revenue, or the real estate assessor for real property taxes, is 37 satisfied that an applicant has been erroneously assessed with any local levies, as provided in 38 sections 58 1141 and 58 1 142 [58.1-3980 and 58.1-39811 of the Code of Virginia, he shall certify 39 to the city treasurer the amount erroneously assessed. When the commissioner of revenue or 40 the real estate assessor who made the erroneous assessment has been succeeded by another 41 person, such person shall have the same authority as the commissioner or the real estate 42 assessor making the original erroneous assessment; provided he makes diligent investigation to 43 determine that the original assessment was erroneously made and certifies thereto to the city 44 treasurer and to the city council. 45 46 (b) Upon receipt of the certification provided for in subsection (a), above; the city treasurer 47 shall, if the levies have not been paid, exonerate from payment so much thereof as is erroneous, 48 and if such levies have been paid, the city treasurer shall refund to the applicant the amount 49 erroneously paid, together with any penalties and interest paid thereon. 50 51 (c) No refund shall be made under this section in any case when application therefor is made 52 more than three (3) years after the last day of the tax year for which such taxes were assessed; 53 provided that, if any tax is declared to be unconstitutional by a court of competent jurisdiction, the 54 city council may grant a refund of such tax hereunder to all taxpayers for those years to which the 55 court proceeding was applicable. 56 57 Sec. 35-3.1. - Waiver of penalty and interest. 58 59 The commissioner of revenue, or the real estate assessor for real property taxes, is hereby 60 authorized to waive any penalty and interest imposed by law for failure to file a return or to pay a 61 tax provided that he first makes a determination that the failure to file the return or to pay the tax 62 was not in any way the fault of the taxpayer. 63 64 Upon making such a determination, the commissioner of revenue or the real estate assessor 65 shall notify the city treasurer in writing of the waiver of penalty and interest. Upon receipt of such 66 letter, the city treasurer shall no longer be responsible for collecting such penalty and interest 67 and shall mark his records accordingly. 68 69 70 ARTICLE II. REAL ESTATE TAXES 71 72 DIVISION 1. GENERALLY 73 74 Sec. 35-26. - Office of real estate assessor created; appointment, term and general 75 powers and duties of assessor. 76 77 The office of city real estate assessor is hereby created, such office to be filled by the 78 appointment of a single assessor by the city council. The person so appointed shall be known as 79 the city real estate assessor, shall hold office at the pleasure of the council and shall give his 80 entire time to the duties of his office. He shall have all the powers and duties prescribed by the 81 laws of the state for assessors of real estate and all the duties now devolved upon the 82 commissioner of revenue of the city with respect to the assessment of real estate for taxation 83 and assembly of the land book shall be transferred to and devolve upon the city real estate 84 assessor upon his taking the oath of office. 85 86 Sec. 35-41. - Energy efficient buildings. 87 88 (a) In accordance with Code of Virginia, § 58.1-3221.2, as amended, energy-efficient buildings, 89 not including the real estate or land on which they are located, are a separate class of property 90 from other classifications of real property. 91 92 (b) The definition of "energy-efficient buildings" and requirements for certification as an 93 "energy-efficient building" shall be in accordance with Code of Virginia, § 58.1-3221.2, as 94 amended. 95 96 (c) The owner of an energy-efficient building may apply to the city building official on forms 97 provided by the city building official for certification as an energy-efficient building. 98 99 (d) Upon application by the owner of an energy-efficient building, the city building official shall 100 inspect the property and certify that the building meets the technical requirements for 101 classification. 102 103 (e) Any appeal of a determination of the city building official under this section shall follow the 104 appeals process provided by local and state law for appeals of determinations under the Virginia 105 Uniform Statewide Building Code. 106 107 (f) Upon review and certification by the city building official, the application and certification 108 shall be forwarded to the nGMFnissioner of the revenue ani the real estate assessor for purposes 109 of the city land book and assessment. 110 111 112 DIVISION 3. EXEMPTION, DEFERRAL OR FREEZE FOR ELDERLY AND DISABLED 113 PERSONS 114 115 Sec. 35-63. - Administration; rules and regulations of city manager. 116 117 The exemption, deferral or freeze provided for in this division shall be administered by the city 118 manager according to the general provisions contained in this division. The city manager is 119 hereby authorized and empowered to prescribe, adopt and enforce such rules and regulations, 120 including the requirement of answers under oath, as may be reasonably necessary to determine 121 qualifications for the exemption, deferral or freeze provided for in this division. The city manager 122 may require the production of certified tax returns, appraisal reports and other certifications to 123 establish income, financial worth or disability. The city manager has designated the 124 commissioner of the revenue as his agent for purposes of the administration of the exemption 125 deferral or freeze program, and the commissioner of the revenue shall have all of the duties and 126 functions provided herein to the city manager. 127 128 129 DIVISION 3.1. EXEMPTION FOR CERTAIN REHABILITATED, RENOVATED OR 130 REPLACEMENT COMMERCIAL OR INDUSTRIAL STRUCTURES 131 132 Sec. 35-73. - Assessor to provide exemption information; exemptions not to be set out in 133 land book. 134 135 (a) By August 15 of each year of the period of exemption from real estate taxes, the assessor 136 shall notify the city treasurer of the exemption and the amount to be credited to the owner's tax 137 bill. 138 139 (b) Pursuant to Code of Virginia § 58.1-3221(C), the ,eF of the revenue real estate 140 assessor shall not list or display any exemption provided by this division in the land book. 141 142 (c) The assessor shall make available application forms in the assessor's office, in the office of 143 the permits and inspections division of the planning department and on the city's website for use 144 by property owners who propose to rehabilitate qualifying structures. 145 146 147 DIVISION 4. EXEMPTION FOR REHABILITATED RESIDENTIAL REAL ESTATE 148 149 Sec. 35-80.1. - Exemption for historically significant rehabilitated structures. 150 151 .... 152 153 (i) Land book. The ^^mmiaei^.1eF of the FeVen„o real estate assessor shall not list or display 154 any exemption provided by this section as a reduced value in the land book. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of .2012. APPROVED AS TO CONTENT: Commissionek o-Ythe Revenue APPROVED AS TO LEGAL SUFFICIENCY: --C-1fy--A ey's Office CA12323 / R-1 / June 28, 2012 APPROVED AS TO CONTENT: al Estate Assessor CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Designate Organizations as Being Exempt from Local Property Taxation MEETING DATE: August 14, 2012 ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of the Revenue has received four applications for tax exemption by designation in this period. The Commissioner reviewed each application and finds the following applicants qualify for exemption from personal property taxes: • Fit for Purpose Ministry, Inc. • Love and Caring for the Homeless, Ltd. • Vanguard Landing, Inc. • Virginia Musical Theatre, Inc. ■ Public Information: A public hearing for this item will be held on August 14, 2012, at the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. ■ Attachments: Ordinances; City Council Policy on Tax Exemption by Designation; Commissioner of Revenue Summary of the Applications Recommended Action: Approval of Ordinances for: Fit for Purpose Ministry, Inc.; Love and Caring for the Homeless, Ltd; Vanguard Landing, Inc.; and Virginia Musical Theatre, Inc. Submitting Department/Agency: Commissioner of the Revenue City Manager: rSL,N&7A 1A B r1�4GlN w�` Cit Council PolicyY OIIQId rOpOSQI Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adaption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property "taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided. in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the property. 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing a. -JA a -ar:Fig t� u ' 01gar.€za o... 4.ny reel'.: at: n of an ene 5 a8or S ha t �`e eff^ �V� beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the .public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from Iocal property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this pol -y and :oma` pHan`e itffi _Iny orr inance granting tax exelE3FU-0171. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) wQArticle 3 (§58.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organ' ation is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications . are properly advertised and placed on the .City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Cade §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the. Revenue. 5. Any exemptions granted shall be effective as of the next January 1. . 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initi=ting appli, cation for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Coun'cil's agenda for a vote on proposed exemptions shall rest with the City Attorney . Resporsib��?zty for the feral determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: .February 3, 2004 Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or _intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Reo drements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. 1 AN ORDINANCE TO DESIGNATE FIT FOR PURPOSE 2 MINISTRY, INC. AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Fit for Purpose 8 Ministry, Inc., (hereinafter "FFPM"). 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates FFPM 14 as a charitable organization within the context of § 6(a)(6) of Article X of the Constitution of 15 Virginia. 16 17 2. That real and personal property owned by FFPM located within the City of 18 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 19 hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property FFPM for exclusively charitable purposes; 24 25 (b)that each July 1, FFPM shall file with the Commissioner of the Revenue a 26 copy of its most recent federal income tax return, or, if no such return is 27 required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2015, FFPM shall file an 31 exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that FFPM cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records, compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissid ff the Revenue CA12337 R-1 July 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Fit for Purpose Ministry Inc. (FFPM) 1425 Water Mill Circle (office use only) Virginia Beach, VA 23454 Website: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY Fit for Purpose Ministry will serve as an educational and homeless service provider for disadvantaged women. Their goal is to provide resources to homeless and disadvantaged women in the Hampton Roads community. Specifically they provide transitional housing, counseling services, and computer training to battered and displaced women. The organization has applied for grants to purchase a 4 to 5 bedroom home. This home will be used as a transitional home for women in need. FFPM is also looking for a commercial location to open a thrift store. They are currently accepting donations of clothing and household goods to sell in the thrift store. These donations are being stored at the residences of the board members. The thrift store will also temporarily employ some of the women enrolled in the programs to help speed their recovery. All funds generated through the thrift store will go back into the organization. At this point FFPP does not own any real property. They are requesting this exemption be in place for the future. FFPM is actively looking for real property, a van, and additional business property to help with their mission. TAX IMPACT Business Property: Personal Property: Real Property Assessment: $1588.00 Tax: $58.75 Assessment: None Tax: None Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status — 12/31/2011 1 AN ORDINANCE TO DESIGNATE LOVE AND CARING 2 FOR THE HOMELESS, LTD AS BEING EXEMPT FROM 3 REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Love and Caring for 8 the Homeless, Ltd. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Love 14 and Caring for the Homeless, Ltd., as a charitable organization within the context of § 15 6(a)(6) of Article X of the Constitution of Virginia. 16 17 2. That real and personal property owned by Love and Caring for the Homeless, 18 Ltd., located within the City of Virginia Beach that is used exclusively for charitable 19 purposes on a nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Love and Caring for the Homeless, Ltd., for 24 exclusively charitable purposes; 25 26 (b) that each July 1, Love and Caring for the Homeless, Ltd., shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or if no such return is required, it shall certify its continuing tax exempt 29 status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2015, Love and Caring for 32 the Homeless, Ltd., shall file an exemption application with the 33 Commissioner of the Revenue as a requirement for retention of the exempt 34 status of the property; and 35 36 (d) that Love and Caring for the Homeless, Ltd., cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records, 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: c , C mmissio e o the Revenue CA12336 R-1 July 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Lo 9/S'6ffillce OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: LOVE AND CARING FOR THE HOMELESS LTD Website: http://Ioveandcaringmin.webs.com/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY Love and Caring for the Homeless is a faith -based organization dedicated to providing a safe and nurturing shelter for abused and homeless women and their children. It was founded by Maria Santos over 20 years ago. The organization provides temporary housing for abused and homeless women. They offer women and their children a safe haven from abuse. Services offered: • Extended stay: o During the stay, the ministry helps identify underlying issues and contributing factors which caused the family to become homeless. The ministry also provides counseling and support for the family of the abusive relationship. • Financial Counseling and Saving Program: o Prepares the family for the transition to independent living. • Job Counseling o Provides assistance to woman seeking employment and provides appropriate work clothing and provides childcare for working moms. • Trains tenants in parenting skills. • Assists with food and clothing for the entire family. • Provides moral and spiritual support. Length of stay depends on each woman's safety and needs. No one leaves their house empty handed or without prayer and encouragement. The organization is modeled after Maria's devotion to the restoration of the lives of homeless and battered women and their children. TAX IMPACT Business Property: Assessment: None Tax: None Personal Property Assessment: $23,225.00 Tax: $859.33 Real Property Assessment: $256,800 Tax: $2,285.52 RELEVANT INFORMATION: IRS Granted 501 (c) 3 status — 01/23/1996 1 AN ORDINANCE TO DESIGNATE VANGUARD 2 LANDING, INC. AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local real and personal property taxes to Vanguard Landing, 8 Inc. (hereinafter "Vanguard"). 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Vanguard as a charitable organization within the context of § 6(a)(6) of Article X of the 15 Constitution of Virginia. 16 17 2. That real and personal property owned by Vanguard located within the City of 18 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 19 hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property Vanguard for exclusively charitable purposes; 24 25 (b) that each July 1, Vanguard shall file with the Commissioner of the Revenue a 26 copy of its most recent federal income tax return, or, if no such return is 27 required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2015, Vanguard shall file an 31 exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Vanguard cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records, compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Com issioner the Revenue CA12338 R-1 July 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: COAtto s Office OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Vanguard Landing Inc. (VGL) 1821 Beauty Way (office use only) Virginia Beach, VA 23456 Website: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Vanguard Landing's primary mission is to provide a safe, progressive and self-sustaining community for adults with mild to moderate intellectual disabilities. It will offer housing, meals educational development, vocational training and employment assistance. VGL is currently trying to secure land and donations to help offset the cost of construction. Its goal is to build houses to help over 100 residents. VGL feels the services it will provide should relieve the City of some of the burden related to these services. VGL seeks a tax exemption in advance of operations. TAX IMPACT: Business Property: Assessment: None Tax: None Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status —12/31/2011 1 AN ORDINANCE TO DESIGNATE VIRGINIA MUSICAL 2 THEATRE, INC. AS BEING EXEMPT FROM PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Virginia Musical Theatre, Inc. 8 (hereinafter, "VMT"). 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates VMT 14 as a cultural organization within the context of § 6(a)(6) of Article X of the Constitution of 15 Virginia. 16 17 2. That personal property owned by VMT located within the City of Virginia Beach 18 that is used exclusively for tax-exempt purposes on a nonprofit basis is hereby exempt 19 from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property VMT for exclusively tax-exempt purposes; 24 25 (b)that each July 1, VMT shall file with the Commissioner of the Revenue a 26 copy of its most recent federal income tax return, or, if no such return is 27 required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2015, VMT shall file an 31 exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that VMT cooperate fully with the Commissioner of the Revenue with respect 35 to audit of its financial records, compliance with the terms of this ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Corn6ssione the Revenue CA12339 R-1 July 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City ffice OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: VIRGINIA MUSICAL THEATRE INC Website: www.broadwayatthecenter.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY: Virginia Musical Theatre has emerged as a leading theatre company dedicated to nurturing artists in a creative environment. Virginia Musical Theatre is driven by an innovative spirit that constantly seeks new management and artistic models. Current hallmarks of its management are resourcefulness and collaboration. Each year, Virginia Musical Theatre produces four or five musicals that bring together the talents of nationally recognized professionals with approximately 100 Virginia-based performers, musicians, designers, and young theatre aspirants. TAX IMPACT: Business Property: Assessment: $36,963.20 Tax: $1,367.64 Personal Property Assessment: None Tax: None Real Property Assessment: None Tax: None RELEVANT INFORMATION: IRS Granted 501 (c) 3 status — 08/30/1991 J W Z Q d W 3 Z WJ CWC W C OG � Z H 0 N Q U Q ac p a IA W Z • • ' N r -I O 0 N r-1 O 00 N r -I n \ 00 O O N 3 N r -I \ � \ Q1 � 3 M C O O U 0 G, U O N �+ � L cu O v fl. E a, cc C _ O N C. � 4-J Q C a 3 Q N > N - L Q- d V U- ?� O O "a 0 O bD 4-J U ) + O �O > N C p[ cv O O .> N •L L ; E mQi c cu Qj 4A O O N L- N o- O > L i J = U- LL Nu e� 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Reconstitute the Investigation Review Panel MEETING DATE: August 14, 2012 ■ Background: In 1991, the City Council adopted a resolution authorizing the City Manager to establish an Investigation Review Panel. The City Manager created the panel and adopted policies and procedures regarding their duties and procedures. The panel has not met in several years and needs to be reconstituted. ■ Considerations: This resolution reconstitutes the Panel, with its members to be appointed by the City Council. The resolution provides that the Panel's composition, jurisdiction, and procedures shall be as set forth in the attached document entitled, "City of Virginia Beach Investigation Review Panel Policy and Procedures." The Policy and Procedures provide that City Council, in making their initial appointments to the Panel, may chose to designate an initial chairperson and/or vice -chairperson for the Panel. The Panel will serve in an advisory capacity to the City Manager, as set forth in the Policy and Procedures. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution and Policy and Procedures. Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: '7!y8 V-3, A RESOLUTION TO RECONSTITUTE THE INVESTIGATION REVIEW PANEL 1 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 2 VIRGINIA: 3 4 That the Investigation Review Panel is hereby reconstituted, with its members to 5 be appointed by the City Council. The Panel's composition, jurisdiction, and procedures 6 shall be as set forth in the attached document entitled, "City of Virginia Beach 7 Investigation Review Panel Policy and Procedures." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO CONTENT: L�t-y Manager's OhQe CA12366 R-1 August 8, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CITY OF VIRGINIA BEACH INVESTIGATION REVIEW PANEL POLICY AND PROCEDURES I L PURPOSE 2 It is the purpose of the Investigation Review Panel ("Panel") to ensure that reports and 3 conclusions of the Police Department's Internal Affairs Office investigations involving abuse 4 of authority or other serious misconduct are complete, accurate, and factually supported. To 5 that end, the Panel shall have the authority to review these findings, to the extent provided for 6 herein, when a complainant is dissatisfied with such an investigation. 7 The Panel may also make recommendations to the City Manager that specific Police 8 Department policies and procedures be revised. 9 Panel hearings shall not be considered civil or criminal proceedings but independent 10 reviews of administrative investigations concerning the performance of sworn police officers. 11 All Panel hearings shall be open to the public; provided, however, that in the discretion 12 of the Panel for good cause shown, a hearing may be closed upon the request of a party to 13 protect the privacy of individuals such as juveniles and victims of sexual assault. Also, Panel 14 deliberations may be conducted as provided for in subsection IV.C.2.b.(2) below, but the 15 Panel's decision shall be announced in public once they have concluded their deliberations. 16 II. APPLICABILITY 17 This Policy shall be applicable to all sworn police officers of the City. 18 III. COMPOSITION 19 1. Number and Method of Appointment: The Panel shall be comprised of five 20 (5) members and two (2) alternates who shall be appointed by the City Council. Appointees 21 shall be residents of the City of Virginia Beach, and will be chosen on the basis of expertise 22 and experience in fields relevant to the performance of the duties of the Panel. 23 2. Conflict of Interest: No appointee shall be an officer or employee of the City, 24 or an immediate family member, as defined by the Virginia Conflict of Interests Act, of any 25 officer or employee of the City. Should a matter come before the Panel in which a member of 26 the Panel feels that his or her personal interests may influence his or her ability to hear an issue 27 or case in an impartial manner, that member shall abstain from participating therein, including 28 hearing and/or discussing the particular matter. The Panel member shall indicate to the 29 Chairperson the existence and nature of the conflict, and thereafter the Panel member shall be 30 excused from hearing and/or participating in the matter. 31 3. Term: Of those members initially appointed, two (2) will be appointed for terms 32 of three (3) years, two (2) will be appointed for terms of two (2) years, and one (1) will be 33 appointed for a term of one (1) year. Thereafter, all appointments shall be for terms of three (3) 34 years. The two (2) alternate members will be appointed for terms of three (3) years. 35 4. Removals and Vacancies: Members of the Panel serve at the pleasure of the 36 City Council. Members may also be removed for missing two (2) consecutive meetings of the 37 Panel without appropriate excuses delivered to the Chair of the Panel within a reasonable 38 period of time. Any vacancy occasioned by resignation, death or removal of a member will be 39 filled for the unexpired term by appointment by the City Council. 40 5. Chairperson and Vice -Chairperson: The City Council may chose to designate 41 one of its appointees to the panel as the initial chairperson and also may chose to designate one 42 of its appointees as the initial vice -chairperson. If the City Council has not designated an initial 43 chairperson or a vice -chairperson, then at the first meeting of the Panel, the members shall elect 44 a chairperson and/or vice -chairperson from among themselves. Thereafter, a new Chairperson 45 and Vice -Chairperson shall be elected annually at the meeting of the Panel falling closest to the 46 anniversary date of the previous Chairperson's election. If either the Chairperson or Vice - 47 Chairperson resigns or otherwise is no longer a member of the Panel, the Panel shall elect 48 another panelist to serve the unexpired term of the departing officer. The Chairperson shall be 49 the Panel's official spokesperson and shall act as liaison between the Panel and the City 50 Manager. The Vice -Chairperson shall serve in the absence of the Chairperson and as otherwise 51 provided herein. 52 6. Compensation: Compensation of Panel members shall be $50 per meeting. 2 53 7. Quorum: Three (3) members shall constitute a quorum. However, a majority 54 vote, i.e., three (3) votes of five (5) voting members, shall be required for an action to be taken. 55 8. Meetings: The Panel shall meet as often as necessary to conduct its business. 56 Public notice of meetings shall be given by the Department of Human Resources at least forty - 57 eight (48) hours in advance of the meeting. 58 9. Staff: The Director of the Department of Human Resources shall provide 59 administrative support to the Panel. The City Attorney, or his designee, shall serve as legal 60 advisor to the Panel. 61 IV. POWERS DUTIES AND FUNCTION 62 A. JURISDICTION OF PANEL 63 1. Citizen Request for Review: The Panel shall, upon the request of the 64 complainant, review the findings of Police Department Internal Affairs Office investigations of 65 alleged abuse of authority or other serious misconduct, with the following exceptions: 66 a. The Human Resources Director or designee shall provide copies of 67 complaints, other than those that meet the criteria of subsections b., c., and d. 68 immediately below, to the Panel. The Panel as a body may vote, in 69 accordance with subsections III.7-8 above, to refuse a request for review if 70 in its judgment the complaint is not appropriate for review by the Panel. 71 b. The Human Resources Director or designee, in consultation with the Police 72 Department, shall determine if a complaint concerns matters which are the 73 subject of pending criminal proceedings. If so, the Human Resources 74 Director or designee shall send a letter to the complainant, informing the 75 complainant that the complaint is being deferred indefinitely pending 76 resolution of the criminal proceedings. The letter shall provide the 77 complainant with appropriate contact information so the complainant may 78 contact the Human Resources Department once the criminal proceedings 79 have concluded and request a hearing at that time. The letter shall advise the 80 complainant that any such request for a Panel hearing must be made no later 81 than thirty days after the conclusion of the criminal proceedings, including 82 any appeals. 3 81) c. The Human Resource Director or designee, in consultation with the City 84 Attorney's Office, shall determine if a complaint concerns matters which are 85 the subject of pending civil proceedings. If so, the Human Resources 86 Director or designee shall send a letter to the complainant, informing the 87 complainant that the complaint is being deferred indefinitely pending 88 resolution of the civil proceedings. The letter shall provide the complainant 89 with appropriate contact information so the complainant may contact the 90 Human Resources Department once the civil proceedings have concluded 91 and request a hearing at that time. The letter shall advise the complainant 92 that any such request for a Panel hearing must be made no later than thirty 93 days after the conclusion of the civil proceedings, including any appeals. 94 d. The Human Resources Director or designee shall determine if the complaint 95 concerns discipline covered by the City's Disciplinary Policy and Procedure 96 and Grievance Procedure. If so, the Director or designee shall inform the 97 complainant in writing that such discipline is not subject to review by the 98 Panel. 99 B. ABUSE OF AUTHORITY/SERIOUS MISCONDUCT 100 Examples of "abuse of authority" and "serious misconduct" may include, but shall not 101 be limited to, the following: 102 & deliberate application or use of unnecessary, unreasonable or excessive 103 physical force; 104 • ethnic, racial, or sexual remarks or gestures; 105 • using or brandishing of firearms, electric weapon or device, or other 106 weapon in a rude, careless, angry, or threatening manner not necessary 107 for self-defense; 108 • overreacting: e.g., unjustified use or display of force or unnecessary 109 escalation of charges; 110 • theft or improper handling of personal property; 111 • reckless endangerment of detainee or person in custody; 112 • violation of laws or ordinances; and 0 113 114 115 C 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 • other serious violations of City or Police Department policies or procedures. PROCEDURE 1. Review Process: a. The Police Department shall inform the complainant of Internal Affairs Office investigative findings by mail to the most recent address provided by the complainant. The complainant shall receive a brochure explaining the Virginia Beach Investigation Review Panel Process and a Request For Review Form. b. The Request for Review Form shall include identifying information, a statement describing the nature of the original complaint and/or allegations, the reasons for the review and supporting evidence, and a complete list of the names, addresses, and telephone numbers of all known witnesses. C. Requests for review shall be made in writing, addressed to the Director of Human Resources and shall be delivered or postmarked within fifteen (15) calendar days from the date the Police Department Internal Affairs Office investigative findings are mailed to the complainant. The time for filing may be extended by the Panel for good cause shown. d. Unless a majority of the members present at the meeting vote to waive the requirement, no written material shall be considered by the Panel which was not made available to the Panel at least five (5) days prior to the hearing. 2. Hearing: a. The Panel shall, within forty-five (45) calendar days of receipt of the complete Police Department investigative report and file, conduct a r hearing to review the departmental investigation. The Human Resources Director or designee shall send notification of the date and time of the hearing to Panel members, Police Department Internal Affairs Office, the City Attorney's Office, and the complainant. Panel review hearings shall be recorded and records maintained by the Department of Human 5 144 Resources in accordance with the Library of Virginia Records Retention 145 and Disposition schedule. 146 b. At the hearing, the complainant shall state the specific reason(s) for the 147 request for review, present supporting evidence, and provide statements 148 pertinent to the allegation as stated on the Request For Review Form. 149 Information not listed on this form cannot be presented at the Panel 150 Review, except as deemed appropriate by the panel. Upon completion of 151 the complainant's statement, the Police Department representative 152 familiar with the investigation shall present all findings of fact and a 153 review of all evidence collected and received, including witness 154 statements, subject to the following limitations: 155 (1) The statement of any police officer required by the Department to 156 give a statement under the provisions of Garrity v. New Jersey, 157 385 U.S. 493 (1967) shall not be revealed in public. The Panel 158 shall have confidential access to the entire statement for the 159 purpose of its review. The Internal Affairs officer presenting 160 information to the Panel may publicly state only that the officer 161 admitted or denied the allegation, unless the officer consents to the 162 public release of the entire statement. 163 (2) The Panel may convene in private to deliberate; provided, 164 however, that any deliberations by the Panel which do not address 165 the alleged improper conduct or performance of duties of a public 166 officer or employee shall be conducted in an open public hearing. 167 Neither the Police Department representative nor any Panel 168 member shall reveal the identity of any victim of sexual assault, 169 unless authorized to do so by the victim, or of any juvenile. 170 C. Each member of the Panel shall, prior to the hearing, be provided a 171 complete copy of the Internal Affairs Office file. The file is deemed a 172 personnel record and shall not be disclosed nor shall copies be provided 173 to the public. All recordings of statements prepared in the course of the 174 investigation shall be made available to the Panel. Prior to providing the 0 175 176 177 178 179 180 181 182 183 ., 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 file to the Panel, the Director of Human Resources, in consultation with the Internal Affairs Office, shall determine if the file contains information concerning an identifiable juvenile. If the file contains such information, the Director of Human Resources shall forward the file to the City Attorney or designee, who shall redact information that identifies a juvenile in conformance with the requirements contained in Virginia Code § 16.1-301 or any successor provision. d. The Panel, in its discretion, may invite any person previously identified as a witness to appear at such hearings to answer questions proffered by the Panel; provided, however, that the Panel shall not have subpoena powers. The City Manager or designee may require the attendance of any employee whose appearance is requested by the Panel, and may also require the production of any relevant documents or other materials in the possession of the Police Department, or other City departments. e. Any person appearing before the Panel may be accompanied by legal counsel; provided, however, counsel shall not be authorized to participate in the proceedings. D. FINDINGS/RECOMMENDATIONS 1. Findings: In its findings, the Panel may: a. Concur with the findings of the Police Department investigation; b. Advise the City Manager that the findings are not supported by the information reasonably available to the Department; C. Advise the City Manager that in its judgment the investigation is incomplete; or d. Conclude that the complaint is not appropriate for review by the Panel. Upon a finding by the Panel under the provisions of b. or c., the City Manager, upon consultation with the City Attorney, shall direct further action as he deems appropriate. 2. Recommendations: The Panel may recommend to the City Manager that a specific Police Department policy or procedure be revised or amended. 7 204 3. Reporting: 205 a. The Department of Human Resources shall, within ten (10) working 206 days of the conclusion of the Panel's deliberations, submit a report of the 207 Panel's findings and recommendations to the City Manager. Thereafter, 208 the Panel shall notify the complainant of the findings and 209 recommendations of the Panel and a copy of such findings and 210 recommendations shall be made available to the public in accordance 211 with the Freedom of Information Act. 212 b. On or before January 31s' of each year, the Panel shall, with staff 213 support, provide to the City Council a summary of its activities during 214 the previous year. 215 E. PANEL RULES 216 The Panel shall, at its initial meetings, formulate rules of procedure governing its 217 operations, not inconsistent with this directive. 218 F. AMENDMENTS 219 The City Manager may, from time to time after consultation with the Panel, amend the 220 provisions herein.. This policy shall become effective on the date that it is signed by the City Manager. it Manager , APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office N. q Date Date APPROVED AS TO CONTENT: Denariment of Human Resources Date CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving a Cooperative Agreement Between the City Council and the School Board of the City of Virginia Beach Pertaining to Legal Services to be Provided to the School Board and School Administration by the Office of the City Attorney in Fiscal Year 2013 MEETING DATE: August 14, 2012 ■ Background: Since 1996, the City Council has entered into a Cooperative Agreement for the City Attorney to provide legal services to the School Board. Each year, the Agreement is presented to the City Council for approval. On July 31, the School Board approved the attached Cooperative Agreement. ■ Considerations: Under the Cooperative Agreement between City Council and the School Board, the City Attorney's Office will continue to provide 4,125 hours of legal service to the School Division and will be reimbursed for the direct cost of those services. One Deputy City Attorney (Kamala H. Lannetti), one Associate City Attorney (LaRana J. Owens), and one legal secretary (Anna Blanton) are located in the School Administration Building, and the Deputy City Attorney coordinates the delivery of additional legal services, as needed, by other attorneys in the City Attorney's Office, as well as outside counsel. ■ Public Information: The ordinance is to be advertised as a routine agenda item. ■ Recommendation: It is recommended that the City Council approve the Cooperative Agreement and authorize Mayor Sessoms to execute it on behalf of the City Council. IN Attachments: Ordinance Cooperative Agreement Recommended Action: Approval Submitting Department/Agency: City Attorney (�,y City Manager: r � -, AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2013 WHEREAS, the Office of the City Attorney has, for a number of years, provided legal services to the Virginia Beach School Board and School Administration pursuant to Cooperative Agreements; WHEREAS, the Cooperative Agreement for FY 2012, which expires on June 30, 2012, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and renewed each fiscal year...;" and WHEREAS, City Council agrees that it is in the best interests of the City and the School Board for the Office of the City Attorney to continue to provide legal services to the School Board pursuant to the revised Cooperative Agreement for FY 2013. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby approves the Cooperative Agreement for FY 2013, a copy of which is attached hereto. 2. That the Mayor is hereby authorized to execute the Cooperative Agreement on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2012. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney CA12364 R-1 August 7, 2012 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2013 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judsment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery Page 2 of 7 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 '/z) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2013. The services to be provided as follows: A. The City Attorney will assign two attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and LaRana Owens, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1 D. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school -related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, Page 3 of 7 litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Resorts. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of Page 4 of 7 the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. Page 5 of 7 6. Nature of Aereement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $386,488.32 its FY 2013 Operating Budget to the FY 2013 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Aereement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2012, and ends June 30, 2013, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Page 6of7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on 7q 31 , 2012. By: ZP School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2012. 0 City Clerk Page 7 of 7 J�et'•N+•u'�B•fyy o' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving a Contract between the Community Services Board and the State MEETING DATE: August 14, 2012 ■ Background: The Commonwealth of Virginia provides funding for mental health, mental retardation and substance abuse services through the performance contract with local Community Services Boards. The contract requires localities to specify how funds will be utilized and the number of individuals served with State, Federal and Medicaid funding. It also contains a number of outcome and patient information reporting requirements. ■ Considerations: The contract provides a substantial amount of funding needed to maintain important services. As required by law, the Community Services Board endorsed the performance contract at its July 26, 2012 meeting. ■ Public Information: Public comment on the contract was solicited for 30 days, pursuant to Code of Virginia §37.2-508. Copies of the proposed contract were placed in a number of locations around the City, including Human Services offices, the Central Library and the City Clerk's Office. Public Notice was posted through the City's Internet site. ■ Alternatives: Pursuant to Code of Virginia §37.2-508, if the City Council does not approve the proposed performance contract by September 30, 2012, the contract shall be deemed approved. Rejecting the performance contract would mean losing $12.3 million in State and Federal funding, and risking the loss of an additional $22.1 million in Medicaid and other fee revenues. ■ Recommendations: It is recommended that City Council adopt the resolution to approve the Fiscal Year 2012-13 State Performance Contract between the Virginia Beach Community Services Board and the Virginia Department of Behavioral Health and Developmental Services. ■ Attachments: Resolution and Performance Contract Summary Recommended Action: Approval i 1J Submitting Department/Agency: Department of Human Serve es City Manager.�_,,��b6w)k City of Virginia Beach DEPARTMENT OF HUMAN SERVICES ADMINISTRATIVE DIVISION (757)4376100 FAX (757) 4905736 TDD (757) 4376150 DATE: July 12, 2012 TO: Citizens of Virginia Beach 297 INDEPENDENCE BOULEVARD PEMBROKE SIX, SUITE 208 VIRGINIA BEACH, VA 23462-2891 FROM: Diana G. Ruchelman, Virginia Beach Community Services Board Chair SUBJECT: FY 2013 Community Services Performance Contract This summary of the proposed SFY 2013 (July 1, 2012 - June 30, 2013) Community Services Performance Contract that makes State/Federal funds available for locally provided public mental health, mental retardation, and substance abuse services is provided for your review and comment. The funding identified includes State General Funds, State Restricted Funds, Federal Funds, City Funds, Medicaid and other Fee Revenues. Estimated numbers of consumers to be served are based on funds made available through these funding sources. The attached table is a summary of the core services and covered Intellectual Disabilities Waiver services and funding levels projected to be paid for by funds provided and reported through the Performance Contract. Gv im q 9-nmmiinilu Rarvir-ac Fprfnrmance Contract ProDosal Summary Proposed Number of Program Service Unit Funding Consumers Mental Health Outpatient Services $6,216,879.00 3644 Case Management Services $3,579,723.00 2064 Residential Crisis Stabilization Services $2,398,128.00 540 Ambulatory Crisis Stab $548,511.00 100 Day Treatment/Partial Hospitalization $765,462.00 155 Rehabilitation/Habilitation $2,712,079.00 460 Individual Supported Employment $122,524.00 30 Supervised Residential Services (551) $1,573,791.00 35 Supportive Residential Services (581) $1,570,015.00 233 Discharge Assistance Project (DAP) 24 IMH Child and Adolescent Services Initiative 70 Juvenile Detention Center 200 Pharmacy 120 PATH 105 Developmental Services Outpatient Services $351,017.00 20 Case Management Services $2,905,817.00 815 Rehabilitation $4,168,152.00 216 Supportive Residential Services $2,925,352.00 70 Supervised Residential Services $347,184.00 4 Intensive Residential $2,896,470.00 25 Group Supported Employment $685,849.00 47 Individual Supported Employment $963,862.00 215 Highly Intensive Residential $9,211,200.001 43 Substance Abuse Outpatient $1,111,198.00 550 Day Treatment/Partial Hospitalization $149,693.00 50 Highly Intensive Residential Services $755,175.00 200 Intensive Residential Services $73,398.00 47 Supportive Residential Services $404,536.00 43 Prevention Services $2,077,755-00 N/A Proposed Number of Program Service Unit Funding Consumers Services Available Outside of a Program Area Emergency Services $1,549,274.00 2600 Assessment and Evaluation $607,665.00 700 Motivational Services $56,259.00 1195 Consumer Monitoring Services $65,861.00 402 Program Admin & Centralized Services $4,506,082.00 All Consumers Total Funding $50,792,829.00 Note: Program Admin & Centralized Services @ $4,506,082 is allocated among all service costs. 1 A RESOLUTION APPROVING A CONTRACT BETWEEN 2 THE COMMUNITY SERVICES BOARD AND THE STATE 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That the City Council hereby approves the FY 2012-13 performance contract 6 between the City of Virginia Beach Community Services Board and the Virginia 7 Department of Behavioral Health and Developmental Services, which provides State - 8 controlled performance contract funding to the Community Services Board. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ganagernint gervices CA12356 R-1 July 30, 2012 r' City or Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute documents to vacate the pedestrian easement and access easements around the lakes of the Salem Lakes subdivision MEETING DATE: August 14, 2012 ■ Background: Between 1983 and 1984, the City of Virginia Beach acquired from R.G. Moore Building Corp. a 15 -foot wide easement (the "Easement") located across 52 lots and 2 public parks around the lakes of the Salem Lakes subdivision (the "Lakes") together with a 30 -foot wide easement located between the Lakes and a 15 -foot wide easement connecting Centennial Circle to the Easement (the "Access Easements"). The Easement included a 6 -foot wide pedestrian/maintenance path, (the "Path") and was dedicated together with the Access Easements to the City by subdivision plats recorded in the Circuit Court Clerk's Office as: Map Book 164, at page 8, Map Book 164, at page 9, Map Book 164, at page 10, Map Book 164, at page 11, Map Book 173, at page 15, Map Book 180, at page 30, Map Book 184, at page 26, Map Book 184, at page 58. Significant bank failure around the Lakes has rendered the Path unsafe. Vacating the Easement and Access Easements will prohibit public access and ameliorate safety concerns. ■ Considerations: The residential lots encumbered by the Easement are privately owned but subject to the Easement. When the Easement and Access Easements are terminated, the public will no longer have a right of access. Sidewalk connectivity around the neighborhood is sufficient to provide residents an alternate route for walking, jogging and other recreational activities. ■ Public Information: Advertisement in The Virginian -Pilot, Beacon on July 29 and August 5 and advertisement of the City Council agenda. ■ Recommendations: Approve the ordinance to vacate the Easement and Access Easements. ■ Attachments: Ordinance; Summary of Terms; Location map Recommended Action: Approval Submitting Department/Agency: Parks and City Manager: V Recreatio 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE DOCUMENTS TO 3 VACATE THE PEDESTRIAN EASEMENT AND 4 ACCESS EASEMENTS AROUND THE LAKES OF 5 THE SALEM LAKES SUBDIVISION 6 7 WHEREAS, between 1983 and 1984, the City of Virginia Beach acquired 8 from R.G. Moore Building Corp. a 15-foot wide easement (the "Easement") located 9 across 52 lots and 2 public parks, (the "Properties") around the lakes of the Salem 10 Lakes subdivision (the "Lakes") together with a 30-foot wide easement located between 11 the Lakes and a 15-foot wide easement across 8 lots, connecting Centennial Circle to 12 the Easement (the "Access Easements"), all identified on Exhibit A attached hereto and 13 made a part hereof; 14 15 WHEREAS, the Easement included a 6-foot wide pedestrian/maintenance path, 16 (the "Path") and the Easement and Access Easements were dedicated to the City by 17 subdivision plats recorded in the Circuit Court Clerk's Office as: Map Book 164, at page 18 8, Map Book 164, at page 9, Map Book 164, at page 10, Map Book 164, at page 11, 19 Map Book 173, at page 15, Map Book 180, at page 30, Map Book 184, at page 26, Map 20 Book 184, at page 58; 21 22 WHEREAS, significant bank failure around the Lakes has rendered the Path 23 unsafe, and vacating the Easement and Access Easements will prohibit public access 24 and ameliorate safety concerns; 25 26 WHEREAS, sidewalk connectivity around the neighborhood is sufficient to 27 provide residents an alternate route for walking, jogging and other recreational activities; 28 and 29 30 WHEREAS, the City has agreed to remove the asphalt path, vacate the public 31 Easement and the pedestrian portions of the Access Easements, but will retain all rights 32 to locate utilities within the Access Easements. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 That the City Manager or his designee is authorized to execute any and all 38 documents necessary or appropriate to vacate the Easement over the Properties and 39 the pedestrian portions of the Access Easements affecting the properties identified on 40 Exhibit A in accordance with the Summary of Terms attached hereto as Exhibit B, and 41 made a part hereof, and such other terms, conditions, or modifications as may be 42 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 45 of 2012. APPROVED AS TO LEGAL APPROVED AS TO CO NT SUFFICIENCY AND FORM filbw City Attorney Dept. of and Recreation CA12184 \\vbgov. com\dfsl \applications\citylawprod\cycom32\wpdocs\d018\p015\00029125.doc R-1 August 1, 2012 EXHIBIT A THE "EASEMENT" - PROPERTIES SUBJECT TO THE 15 -FOOT PEDESTRIAN EASEMENT AROUND THE LAKES: Lot # Address GPIN MB/Page 40 3869 Buckhorn Place 1485-00-8399 164/8 39 3865 Buckhorn Place 1485-00-9345 164/8 38 3861 Buckhorn Place 1485-00-9381 164/9 37 3857 Buckhorn Place 1485-10-0239 164/9 36 3853 Buckhorn Place 1485-10-0297 164/9 35 3849 Buckhorn Place 1485-10-1256 164/9 34 3845 Buckhorn Place 1485-10-2210 164/9 33 3841 Buckhorn Place 1485-10-2266 164/9 32 3837 Buckhorn Place 1485-10-3244 164/9 31 3833 Buckhorn Place 1485-10-3299 164/9 30 3829 Buckhorn Place 1485-10-4364 164/9 29 3825 Buckhorn Place 1485-10-5400 164/9 28 3821 Buckhorn Place 1485-10-5483 164/9 27 3817 Buckhorn Place 1485-10-6436 164/9 26 3813 Buckhorn Place 1485-10-6459 164/9 25 3809 Buckhorn Place 1485-10-7522 164/9 24 3805 Buckhorn Place 1485-10-8603 164/9 23 3801 Buckhorn Place 1485-10-7736 164/9 15 1,828 Cougar Court 1485-10-6966 180/30 16 1824 Cougar Court 1485-11-7030 180/30 17 1820 Cougar Court 1485-11-7049 180/30 22 3809 Coyote Circle 1485-11-8125 180/30 23 3805 Coyote Circle 1485-11-8183 180/30 24 3801 Coyote Circle 1485-11-9137 180/30 7 3804 Ewing Court 1485-21-3003 184/26 8 3808 Ewing Court 1485-21-0080 184/26 9 3812 Ewing Court 1485-20-1816 184/26 10 3813 Ewing Court 1485-20-2882 184/26 16 3829 Huey Court 1485-20-1629 173/15 17 3825 Huey Court 1485-20-0633 173/15 18 3821 Huey Court 1485-20-0449 173/15 19 3817 Huey Court 1485-20-1464 173/15 6 20011rongate Court 1485-20-0353 164/10 7 20051rongate Court 1485-10-9372 164/10 10 3808 Jousting Arch 1485-10-9301 164/10 11 3812 Jousting Arch 1485-10-8342 164/10 12 3816 Jousting Arch 1485-10-7371 164/10 13 3820 Jousting Arch 1485-10-7216 164/10 14 3824 Jousting Arch 1485-10-6263 164/10 15 3828 Jousting Arch 1485-10-6211 164/10 16 3832 Jousting Arch 1485-10-5178 164/11 17 3836 Jousting Arch 1485-10-5125 164/11 18 3840 Jousting Arch 1485-10-4172 164/11 19 3844 Jousting Arch 1485-10-4029 164/11 20 3848 Jousting Arch 1485-10-3084 164/11 21 3852 Jousting Arch 1484-19-3948 164/11 22 3856 Jousting Arch 1484-19-2985 164/11 23 3860 Jousting Arch 1484-19-2930 164/11 91 2001 Inverrary Court 1484-19-1860 164/11 92 2005 Inverrary Court 1484-19-0890 164/11 93 2009 Inverrary Court 1484-19-0755 164/11 94 2013 Inverrary Court 1484-19-0720 164/11 EXHIBIT A— CONTINUED (P. 2 of 3) THE "ACCESS EASEMENTS": WALKWAY BETWEEN LAKES: All that certain easement, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "30' UTILITY & PEDESTRIAN EASEMENT" as shown on those certain plats entitled, "SHEET 2 OF 2 — SUBDIVISION OF SALEM LAKES, SECTION B" dated August 19, 1982, Scale: 1" = 40, prepared by Basgier and Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 164 at Page 9; and "SHEET 2 OF 2 — SUBDIVISION OF SALEM LAKES, SECTION I" dated August 31, 1982, Scale: 1"=40, prepared by Basgier and Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 164 at Page 11, to which reference is made for a more particular description. EXCEPT THAT the City of Virginia Beach retains the right to install and maintain utilities within the "30' UTILITY & PEDESTRIAN EASEMENT" as described on the aforementioned plats. Individual Properties affected: Lot # Address GPIN MB/Page 31 3833 Buckhorn Place 1485-10-3299 164/9 30 3829 Buckhorn Place 1485-10-4364 164/9 18 3840 Jousting Arch 1485-10-4172 164/11 17 3836 Jousting Arch 1485-10-5125 164/11 ACCESS FROM CENTENNIAL CIRCLE: (Note that this 15' easement is made up of two 7.5' easements located on different plats as described below) All that certain easement, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "7.5' PEDESTRIAN AND DRAINAGE & UTILITY EASEMENT" as shown on that certain plat entitled, "SHEET 1 OF 2 — SUBDIVISION OF SALEM LAKES, SECTION I" dated September 7, 1982, Scale: 1"= 40, prepared by Basgier and Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 164 at Page 10; and all that certain easement, together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "7.5' PEDESTRIAN & MAINTENANCE EASEMENT" as shown on that certain plat entitled, "SUBDIVISION OF SALEM LAKES, SECTION H" dated October 18, 1982, Scale: 1" = 40, prepared by Basgier and Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 173 at Page 15, to which reference is made for a more particular description. EXHIBIT A — CONTINUED (P. 3 of 3) EXCEPT THAT the City of Virginia Beach retains the right to install and maintain utilities and drainage within the "7.5' PEDESTRIAN AND DRAINAGE & UTILITY EASEMENT" and further retains all rights of maintenance within the "7.5' PEDESTRIAN & MAINTENANCE EASEMENT" as described on the aforementioned plats. Individual Properties affected: Lot # Address GPIN MB/Page 5 20001rongate Court 1485-20-1321 164/10 4 2004Irongate Court 1485-20-1276 164/10 3 2008 Irongate Court 1485-20-2119 164/10 23 3801 Huey Court 1485-20-3207 173/15 22 3805 Huey Court 1485-20-2381 173/15 21 3809 Huey Court 1485-20-2344 173/15 20 3813 Huey Court 1485-20-2308 173/15 19 3817 Huey Court 1485-20-1464 173/15 EXHIBIT B SUMMARY OF TERMS VACATION OF EASEMENTS — SALEM LAKES Grantor: City of Virginia Beach Grantees: 52 owners of record of those certain lots adjacent to the lakes of Salem Lakes and 8 owners of record of those certain lots located along the access easement between Irongate Court and Huey Court, all identified on Exhibit A. Property: 15' pedestrian easement area, containing a 6' asphalt path located in the middle, surrounding the 2 lakes located in the Salem Lakes subdivision. 30' pedestrian easement area, containing a bridge/walkway located between the 2 lakes in the Salem Lakes subdivision. 15' pedestrian easement area, beginning at Centennial Circle and continuing along the rear lots between Irongate Court (7.5 feet) and Huey Court (7.5 feet), terminating at the 15' pedestrian easement to be vacated around the lake of the Salem lakes subdivision. City specifically vacates only the pedestrian portion of each of the above easements, retaining the right to install and maintain utilities in any of the easements to which such rights heretofore exist. No easements other than the easements expressly referenced herein are vacated. Effect of Vacation: The public will no longer have the right to access the easement and path; City will no longer have responsibility to maintain path and easement area; City released of liability associated with path safety. City Obligations: Remove asphalt path, grade and seed Easement area. a, No 10 91) 0 Cr M f+ CL d NiA OEq, l � a) Y �l .�.w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Correct the Effective Date on Ordinance 32431 MEETING DATE: August 14, 2012 ■ Background: On June 26, 2012, the City Council adopted Ordinance 32431 (the "Ordinance"). The Ordinance was required because the Virginia Compensation Board had authorized an additional eight Deputy Sheriff positions in the Sheriff's Office. To fully fund these eight positions, the City needed to appropriate the funding from the Compensation Board, transfer funds to provide the local salary and fringe benefits for the positions, and authorize the FTE increase in the Sheriff's Office budget. Because the appropriation and authorization of FTEs was for the 2013 Fiscal Year, the Ordinance included an effective date that should have stated July 1, 2012. However, the date provided in the Ordinance was July 1, 2013. ■ Considerations: The attached ordinance corrects the effective date of the Ordinance. ■ Public Information: Public information will be handled through the normal Council Agenda notification process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance; Copy of Ordinance 32431 Recommended Action: Approval r' v) Submitting Department/Agency: Management Servi�e City Manager: ,cQ ORD- 1 RD 1 AN ORDINANCE TO APPROPRIATE STATE REVENUES, 2 TRANSFER FUNDS, AND AUTHORIZE EIGHT DEPUTY 3 SHERIFF POSITIONS IN THE FY 2012-13 OPERATING 4 BUDGET OF THE SHERIFF'S OFFICE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 10 11 12 13 14 15 16 17 18 19 20 1. $248,592 is hereby appropriated, with revenue from the State increased accordingly, to the FY 2012-13 Operating Budget of the Sheriff's Office to fund a portion of the salary and fringe benefit costs associated with eight Deputy Sheriff positions; 2. $166,080 is hereby transferred from the FY 2012-13 General Fund Reserve for Contingencies to the FY 2012-13 Operating Budget of the Sheriff's Office to fund a portion of the salary and fringe benefit costs associated with eight Deputy Sheriff positions; 3. The total number of positions (FTEs) in the Sheriff's Office is increased by eight full-time positions; and 4. The effective date of this ordinance is July 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia on the 201111 day of Joj)p . 2012. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: ..'AVOW, IS - WnL Ma gement Services CA12312 R-1 June 13, 2012 Approved as to Legal Sufficiency: 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO CORRECT THE EFFECTIVE DATE ON ORDINANCE 32431 WHEREAS, the City Council adopted Ordinance 32431 (the "Ordinance") on June 26, 2012; and WHEREAS, the Ordinance appropriated funds, transferred funds, and authorized eight Deputy Sheriff positions; and WHEREAS, the Ordinance provided an effective date of July 1, 2013, which is erroneous, and requires correction to July 1, 2012; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 14 The effective date of Ordinance 32431 is hereby changed to July 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Approved as to Content: ��99,n� a, Management Services CA12340 R-1 July 12, 2012 Approved as to Legal Sufficiency: a City Att e ' ice ..� IAB J4 u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Sandy M. Madison to the Position of Deputy City Clerk II MEETING DATE: August 14, 2012 ■ Background: Section 2-77 of the City Code provides that "[t]he council may appoint such deputies to the city clerk as it deems necessary to serve at the pleasure of the city clerk." ■ Considerations: This resolution appoints Sandy Madison to the position of Deputy City Clerk II, effective August 1, 2012. ■ Recommendations: It is recommended that City Council adopt the attached resolution. ■ Attachments: Resolutions Recommended Action: Adopt resolution Submitting DepartmenVAgency• Clerk City Manager: V " 1 2 3 4 5 6 7 8 A RESOLUTION APPOINTING SANDY M. MADISON TO THE POSITION OF DEPUTY CITY CLERK II BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-77 of the City Code, Sandy M. Madison is hereby appointed to the position of Deputy City Clerk II, effective August 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2012. APPROVED AS TO CONTENT CiWy 6C s._ — CA12354 R-1 July 27, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's OfficU CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of public right-of-way known as Ocean View Avenue (Chesapeake Beach) located at the rear of 4926A Lauderdale Avenue, for property owner Cowles M. Spencer, Jr. MEETING DATE: August 14, 2012 ■ Background: Cowles M. Spencer, Jr. has requested permission to construct and maintain approximately 66 linear feet of vinyl bulkhead (with backfill) channelward of an existing vertical wood bulkhead, wood stairs, a 4' X 10' platform and an elevated 4' X 39' open pile walkway for beach access on a portion of public right-of-way known as Ocean View Avenue, located at the rear of 4926A Lauderdale Avenue. There are similar encroachments (9) which were presented and adopted by City Council on January 24, 2012. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. Additionally, this encroachment has been reviewed for conformity with Resolution 3274, the Beaches and Waterfront Advisory Commission's dune encroachment recommendations. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager. '� V , 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 4926A 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNER COWLES M. 11 SPENCER, JR. 12 13 WHEREAS, Cowles M. Spencer, Jr. desires to construct and maintain 14 approximately 66 linear feet of vinyl bulkhead (with backfill) channelward of an existing 15 vertical wood bulkhead, wood stairs, a 4' X 10' platform and an elevated 4' X 39' open 16 pile walkway for beach access on a portion of public right-of-way known as Ocean View 17 Avenue (Chesapeake Beach), located at the rear of 4926A Lauderdale, Virginia Beach, 18 Virginia; and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 public rights-of-way subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Cowles M. Spencer, Jr., his 28 heirs, assigns and successors in title, are authorized to construct and maintain 29 temporary encroachments for a proposed vinyl bulkhead (with backfill), wood stairs, a 4' 30 X 10' platform and an elevated 4' X 39' open pile walkway for beach access, and 31 maintain an existing vertical wood bulkhead on a portion of City property as shown on 32 the map marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT PLAT 33 SHOWING WOOD STRUCTURES AND BULKHEAD LOCATED IN OCEAN VIEW 34 AVENUE RIGHT OF WAY FOR UNITS 4926A & 4926B LAUDERDALE AVENUE A 35 CONDOMINIUM M.B. 226 P. 81 BEING LOTS 8 & 9, BLOCK 18 CHESAPEAKE PARK 36 M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE 1" = 40' MARCH 22, 2012 REV. 37 JULY 24, 2012," a copy of which is on file in the Department of Public Works and to 38 which reference is made for a more particular description; and wn 40 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 41 subject to those terms, conditions and criteria contained in the Agreement between the 42 City of Virginia Beach and Cowles M. Spencer, Jr. (the "Agreement"), which is attached 43 hereto and incorporated by reference; and 44 45 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 46 hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 49 time as Cowles M. Spencer, Jr., and the City Manager or his authorized designee 5o execute the Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 53 of 12012. CA -12172 R-1 PREPARED: 7/25/12 APPROVED AS TO CONTENTS P6kIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM REBECCA D. KUBIN DEPUTY CITY .ATTORNEY CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 1st day of August, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and COWLES M. SPENCER, JR., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of these certain lots, tracts, or parcels of land designated and described as "Lots 8 and 9, Block 18"; as shown on that certain plat entitled: "PLAT AND PLAN OF 4926A & 4926B LAUDERDALE AVE. A CONDOMINIUM BEING LOTS 8 AND 9, BLOCK 18 CHESAPEAKE PARK (M. B. 6, P. 123) BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA SCALE: AS SHOWN, JANUARY 13, 1993, prepared by ENNIS O. JOHNSON, LAND SURVEYOR for Bench Mark, Inc. Beginning Point of Development," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 226, at page 81, and being further designated, known, and described as 4926A Lauderdale Avenue, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain approximately 66 linear feet of vinyl bulkhead (with backfill) channelward of an existing vertical wood bulkhead, wood stairs, a 4' X 10' platform, and an elevated 4' X 39' open pile walkway, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (UNIMPROVED CITY RIGHT-OF-WAY KNOWN AS OCEAN VIEW AVENUE — NO GPIN REQUIRED OR ASSIGNED) 1570-42-7995-0001; (4926A Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved right-of-way known as Ocean View Avenue located at the rear of 4926A Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD STRUCTURES AND BULKHEAD LOCATED IN OCEAN VIEW AVENUE RIGHT OF WAY FOR UNITS 4926A & 4926B LAUDERDALE AVENUE A CONDOMINIUM M.B. 226 P. 81 BEING LOTS 8 & 9, BLOCK 18 CHESAPEAKE PARK M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' MARCH 22, 2012 REV. JULY 24, 2012," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. F) It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune/Beach Permit from the Wetlands Board for any existing, replacement, or proposed encroachment. 3 It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the channelward toe of the sand dune. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 11 manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Cowles M. Spencer, Jr., the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLACK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2012, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2012, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Registration Number: My Commission Expires: 0 Notary Public By Cowles M. Spencer, Jr., Owner STATE OF V"4&(,/j� �- CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me this 1 day of AL4 , 2012, by Cowles M. Spencer, Jr. Notary Registration Number:) T I My Commission Expires: APPROVED AS TO CONTENTS NATURE PW DEPARTMENT h (SEAL) otary Public AUAKSAMOR HUSEU t4 tary Public CommonwulM of Wrpls 7364171 AA Commissiw Expires Sep 30.2014 APPROVED AS TO LEGAL SUFFICIENCY AND FORM REBECCA D. KUBIN DEP CITY ATTORNEY FOR UANA K. NAKmCTCK, ASSISTANT CITY ATTORNEY Q DA�� UTLER .,�Li No. 38395t N19% 12 SS/ONAL EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD STRUCTURES AND BULKHEAD LOCATED IN OCEAN VIEW AVENUE RIGHT OF WAY LJ FOR > UNITS Q 4926A & 4926B LAUDERDALE AVENUE ?> A CONDOMINIUM M.B. 226 P. 81 > BEING LOTS 8 & 9, BLOCK 18 Q CHESAPEAKE PARK m M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' MARCH 22, 2012 REV. JULY 24, 2012 G:\12-09 encroachment.dwg, 7/24/2012 3:57:17 PM, 1:40, DB OCEAN VIEW AVENUE 70' R /W (UNIMPROVED) EXISTING WOOD ; BULKHEAD— 7 LAUDERDALE CONDOMINIUM M.B. 169 P. 49 GPIN: 1570-42-7936-4928 (UNIT 4928) w 0 N N 16' INGRESS -EGRESS, — DRAINAGE & UTILITY EASEMENT M.B. 226 P. 81 B LAUDERDALE ON THE BAY D.B. 2488 P. 849(PLAT) M.B. 134 P. 11 GPIN: 1570-42-7903-0900 (UNIT A) 150.00' C6 PROPOSED WOOD STAIRS & PLATFORM S 57'38'50" E 5T 8 9 4926A & 49268 LAUDERDALE AVE. C, CONDOMINIUM bo o M.B. 226 P. 81 6 GPIN: - 1570-42-7995-0001 1570-42-7995-0002 50100' N 5738'50" W 34 i 33 I 4924A & B LAUDERDALE AVENUE CONDOMINIUM M.B. 2398 P. 1703(PLAT) GPIN: 1570-42-7837-5770 1570-42-7837-5760 N 57'38'50" W PROPOSED VINYL BULKHEAD ,,- R/W 32A D.B. 2688 P. 1673 o & 1674 (PLAT) GPIN:1570-42-8809 N Ln LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) (50' R /W) G:\12-09 encroachment.dwg F.B. 476 P. 1 P" 492E A Lauderd(ale Ave i W x a N Cl) c�- �o Lh 3 N CL Cy 0 N W C = LO o Q` Q Ci � uri �� z z c/) : ti z~ a mQ Lb 0 LU o H� N coo U L) as Lo t - 0Q oLo Lp JoU �z U a Z 0 to C7 0 WLi � a o � ea l m / z -77 0 w � � S m Q Q LL C U) QQ D g > � o a` 0 CVJ , U �Q' X Q� s oo a m ��JJ o� N O Q 0) ,Y 0 Q ca� m VAA Q O a Q. w 12 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of public right-of-way known as Ocean View Avenue (Chesapeake Beach) located at the rear of 4926B Lauderdale Avenue, for property owner Stephen D. Halliday MEETING DATE: August 14, 2012 ■ Background: Stephen D. Halliday has requested permission to construct and maintain approximately 66 linear feet of vinyl bulkhead (with backfill) channelward of an existing vertical wood bulkhead, wood stairs, a 4' X 10' platform and an elevated 4' X 39' open pile walkway for beach access into a portion of public right-of-way known as Ocean View Avenue, located at the rear of 4926B Lauderdale Avenue. There are similar encroachments (9) which were presented and adopted by City Council on January 24, 2012. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. Additionally, this encroachment has been reviewed for conformity with Resolution 3274, the Beaches and Waterfront Advisory Commission's dune encroachment recommendations. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate Sex P City Manager:<Z� �� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF PUBLIC RIGHT - 6 OF -WAY KNOWN AS OCEAN VIEW 7 AVENUE (CHESAPEAKE BEACH) 8 LOCATED AT THE REAR OF 4926B 9 LAUDERDALE AVENUE, FOR 10 PROPERTY OWNER STEPHEN D. 11 HALLIDAY 12 13 WHEREAS, Stephen D. Halliday desires to construct and maintain approximately 14 66 linear feet of vinyl bulkhead (with backfill) channelward of an existing vertical wood 15 bulkhead, wood stairs, a 4' X 10' platform and an elevated 4' X 39' open pile walkway 16 for beach access on a portion of public right-of-way known as Ocean View Avenue 17 (Chesapeake Beach), located at the rear of 4926B Lauderdale, Virginia Beach, Virginia; 18 and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 public rights-of-way subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Stephen D. Halliday, his 28 heirs, assigns and successors in title, are authorized to construct and maintain 29 temporary encroachments for a proposed vinyl bulkhead (with backfill), wood stairs, a 4' 30 X 10' platform and an elevated 4' X 39' open pile walkway for beach access, and 31 maintain an existing vertical wood bulkhead on a portion of City property as shown on 32 the map marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT PLAT 33 SHOWING WOOD STRUCTURES AND BULKHEAD LOCATED IN OCEAN VIEW 34 AVENUE RIGHT OF WAY FOR UNITS 4926A & 4926B LAUDERDALE AVENUE A 35 CONDOMINIUM M.B. 226 P. 81 BEING LOTS 8 & 9, BLOCK 18 CHESAPEAKE PARK 36 M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE 1" = 40' MARCH 22, 2012 REV. 37 JULY 24, 2012," a copy of which is on file in the Department of Public Works and to 38 which reference is made for a more particular description; and 39 40 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 41 subject to those terms, conditions and criteria contained in the Agreement between the 42 City of Virginia Beach and Stephen D. Halliday (the "Agreement"), which is attached 43 hereto and incorporated by reference; and 44 45 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 46 hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 49 time as Stephen D. Halliday and the City Manager or his authorized designee execute 5o the Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day S3 of '2012. CA -12173 R-1 PREPARED: 7/25/12 APPROVED AS TO CONTENTS PU6LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM REBECCA D. KUBIN DEPUTY CITY ATTORNEY CITY A`-TORNE PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 1st day of August, 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STEPHEN D. HALLIDAY, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of these certain lots, tracts, or parcels of land designated and described as "Lots 8 and 9, Block 18"; as shown on that certain plat entitled: "PLAT AND PLAN OF 4926A & 4926B LAUDERDALE AVE. A CONDOMINIUM BEING LOTS 8 AND 9, BLOCK 18 CHESAPEAKE PARK (M. B. 6, P. 123) BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA SCALE: AS SHOWN, JANUARY 13, 1993, prepared by ENNIS O. JOHNSON, LAND SURVEYOR for Bench Mark, Inc. Beginning Point of Development," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 226, at page 81, and being further designated, known, and described as 4926B Lauderdale Avenue, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain approximately 66 linear feet of vinyl bulkhead (with backfill) channelward of an existing vertical wood bulkhead, wood stairs, a 4' X 10' platform, and an elevated 4' X 39' open pile walkway, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (UNIMPROVED CITY RIGHT-OF-WAY KNOWN AS OCEAN VIEW AVENUE — NO GPIN REQUIRED OR ASSIGNED) 1570-42-7995-0002; (49266 Lauderdale Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing unimproved right-of-way known as Ocean View Avenue located at the rear of 4926B Lauderdale Avenue known as Chesapeake Park, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD STRUCTURES AND BULKHEAD LOCATED IN OCEAN VIEW AVENUE RIGHT OF WAY FOR UNITS 4926A & 4926B LAUDERDALE AVENUE A CONDOMINIUM M.B. 226 P. 81 BEING LOTS 8 & 9, BLOCK 18 CHESAPEAKE PARK M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' MARCH 22, 2012 REV. JULY 24, 2012," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain a Coastal Primary Sand Dune/Beach Permit from the Wetlands Board for any existing, replacement, or proposed encroachment. 3 It is further expressly understood and agreed that the seaward extend of the Temporary Encroachment shall not extend past the channelward toe of the sand dune. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any M manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Stephen D. Halliday, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLACK) G CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2012, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2012, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Registration Number: My Commission Expires: ,: Notary Public 5 B Y Stephen D Halliday, Own STATE OF V-0"46` #4 4 CITY/COUNTY OF a��, to -wit: instrument was acknowledged before me this / day of The foregoing X—K-r '2012, by Stephen D. Halliday. Notary Registration Number: —7V (=�" cc MAM DAVID MRY A. Notary Public AIN j�� / � �/// Commonwadth of Virginia My Commission Expires: AI y `�' 7364DBG My Commission Expires Nov 30, 2014 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM REBECCA D. KUBIN DEPUTY ATTORNEY I NATURE CI Y O EY P4) i Ric i F.i^i(At DEPARTMENT 7 IONply, O DA Z.• UTLER •�Li No. 38395 lk2_s/0NAL EaG EXHIBIT A ENCROACHMENT PLAT SHOWING WOOD STRUCTURES AND BULKHEAD LOCATED IN OCEAN VIEW AVENUE RIGHT OF WAY Lv FOR > UNITS Q 4926A & 49266 LAUDERDALE AVENUE ?� A CONDOMINIUM W M.B. 226 P. 81 > BEING >_ LOTS 8 & 9, BLOCK 18 Q CHESAPEAKE PARK m M.B. 6 P. 123 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' MARCH 22, 2012 REV. JULY 24, 2012 GALLUP SURVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 G:\12-09 encroachment.dwg, 7/24/2012 3:57:17 PM, 1:40, DB OCEAN VIEW AVENUE 70' R /W (UNIMPROVED) EXISTING WOOD BULKHEAD - 7 LAUDERDALE CONDOMINIUM M.B. 169 P. 49 GPIN:1570-42-7936-4928 (UNIT 4928) 16' INGRESS -EGRESS, — DRAINAGE & UTILITY EASEMENT M.B. 226 P. 81 01 N N r) VA B LAUDERDALE ON THE BAY D.B. 2488 P. 849(PLAT) M.B. 134 P. 11 GPIN: 1570-42-7903-0900 (UNIT A) 150.00' uo CC5 PROPOSED f+ WOOD STAIRS ® & PLATFORM Cq !457'38'50" E 50!00" I 8 I 9 4926A & 4926B LAUDERDALE AVE. g CONDOMINIUM bo o M.B. 226 P. 81 6 GPIN: `- 1570-42-7995-0001 1570-42-7995-0002 1 M N 57'38'50" W 34 i 33 I 4924A & B LAUDERDALE AVENUE CONDOMINIUM M.B. 2398 P. 1703(PLA GPIN: 1570-42-7837-5770 1570-42-7837-5760 N 57'38'50" W PROPOSED VINYL BULKHEAD ./- R/W 32A D.B. 2688 P. 1673 o & 1674 (PLAT) GPIN:1570-42-8809 N r7 Cn LAUDERDALE AVENUE (FORMERLY LAKE AVENUE) (50' R/W) G:\12-09 encroachment. dwg F.B. 476 P. 1 MJ cn E m V r Y L4 ooa m / R., ca �0- Q L X w 0 0 0 s m N N CQ a U) w m w a a m `m a m LU >+=N D = LL c) oN a0_ p �o Qw �a =LO °'0) ZZoQti Ow F-��'�a� = asp o Q=a.�ti U OQN�� U as W) J C) -jou) 0 MZ J d Z L O o UJ N (7) qe L X w 0 0 0 s m N N CQ a U) w m w a a m `m a r rY ti+ 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Appropriate Funds to Provide an Interest -Free Loan to the Kempsville Rescue Squad Inc. for the Purchase of a Replacement Ambulance (2) An Ordinance to Appropriate Funds to Provide an Interest -Free Loan to the Virginia Beach Volunteer Rescue Squad Inc. for the Purchase of Two Replacement Ambulances (3) An Ordinance to Appropriate Funds to Provide an Interest -Free Loan to the Plaza Volunteer Rescue Squad for the Purchase of a Replacement Ambulance (4) An Ordinance to Appropriate Funds to Provide an Interest -Free Loan to the Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. for the Purchase of a Replacement Ambulance MEETING DATE: August 14, 2012 ■ Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads, providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. Also, the City of Virginia Beach has historically provided short term, no interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. This agenda item includes four requests for loans from the noted rescue squads. First, the Kempsville Rescue Squad (KRS) requests an interest-free loan from the City for an ambulance that will replace their existing 2006 model ambulance that has over 100,000 miles on the odometer, and has experienced an increasing amount of mechanical issues. The cost of the replacement ambulance is $153,953. The KRS was awarded a state Rescue Squad Assistance Fund Grant totaling $73,788, which when combined with donations, reduced the loan request to $80,000. Second, the Virginia Beach Rescue Squad (VBRS) requests an interest-free loan from the City for the purchase of two ambulances that will replace two of their aging and most troublesome ambulances. One ambulance has 83,742 miles and is fraught with recurring mechanical and electrical breakdown issues, and the second ambulance has 122,685 miles and has recurring breakdown occurrences. Unfortunately, VBRS was unsuccessful in its quest for a State Rescue Squad Assistance Grant to help with the purchase. However, they were able to obtain a reduced price for the two ambulances, because the distributor changed manufacturers and will sell them 2010 model year chassis rather than a more expensive model chassis. VBRS has consulted with Mr. Reggie Padgett, Division Head of Automotive Services for his advice and recommendations on chassis and body selection. Third, the Plaza Rescue Squad (PRS) requests an interest-free loan from the City for an ambulance re -chassis that will replace a 2005 model ambulance that has 100,000 miles on the odometer, has experienced an increasing amount of suspension, electrical and air conditioning problems, and is the oldest ambulance in their 4 -unit fleet. The cost of the replacement International Terrastar Ambulance re -chassis is $153,000. The PRS was awarded a state Rescue Squad Assistance Fund Grant totaling $47,500, which when combined with donations in the amount of $30,500 reduced the loan request to $75,000. Fourth, the Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. (PACVRS) requests an interest-free loan for the purchase of a replacement ambulance. The PACVRS was awarded a Virginia Rescue Squad Assistance Fund Grant totaling $124,548, which when combined with a grant of $20,000 from the Virginia Beach Rescue Squad Foundation, reduced the loan request to $15,000. ■ Considerations: This agenda request includes letters from the various rescue squads requesting the City provide these loans. If approved by Council, the KRS loan is $80,000 payable in five equal annual payments of $16,000 each with the first payment due on August 30, 2013. The VBRS loan is $375,000 payable in five equal annual payments of $75,000 each, with the first payment due on August 30, 2013. The PRS loan is $75,000 payable in three equal annual payments of $25,000 each, with the first payment due on August 30, 2013. The PACVRS loan is $15,000 payable in three equal annual payments of $5,000 each, with the first payment due August 30, 2013. Each new ambulance will be stocked with radios, medical equipment, communications equipment and supplies from the ambulance being replaced and removed from the fleet. ■ Public Information: Information will be disseminated through the regular Council agenda notification process. ■ Alternatives: The alternative to this request is to pursue a business loan from a private financial institution, which will be costlier and will cause the rescue squad to further delay purchase of the replacement ambulance. ■ Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. ■ Attachments: Ordinances (4); Loan Agreements (4); Promissory Notes (4); Letters from the various rescue squads requesting the loans. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager. W11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO THE KEMPSVILLE RESCUE SQUAD INC. FOR THE PURCHASE OF A REPLACEMENT AMBULANCE WHEREAS, the Kempsville Rescue Squad Inc. has requested an interest-free loan of $80,000 to purchase a replacement ambulance with estimated cost of $153,953. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $80,000 is hereby appropriated from the fund balance of the General Fund for an interest-free loan to the Kempsville Rescue Squad Inc. for the purchase of a replacement ambulance; and 2. That this loan is to be repaid by Kempsville Rescue Squad Inc. over five (5) years, pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Manage nt ervices City_ 's Office CA12351 R-1 July 27, 2012 PROMISSORY NOTE $80,000 Virginia Beach, Virginia August 14, 2012 FOR VALUE RECEIVED, Kempsville Rescue Squad Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of EIGHTY THOUSAND DOLLARS ($80,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before August 30, 2013 - $16,000 On or before August 30, 2014 - $16,000 On or before August 30, 2015 - $16,000 On or before August 30, 2016 - $16,000 On or before August 30, 2017 - $16,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). KEMPSVILLE RESCUE SQUAD INC. (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Kempsville Rescue Squad Inc. THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Kempsville Rescue Squad Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH KEMPSVILLE RESCUE SQUAD INC. City Manager/Authorized Designee ATTEST: City Clerk APPROVED AS TO CONTENT: Virginia Beach EMS Chief APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management By: _ Title: Date APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 KEMPSVILLE RESCUE SQUAD INC. P.O. BOX 62345 • VIRGINIA BEACH, VA. 23466 757-340-KVRS • www.kvrs.org May l8, 2012 Chief Bruce W. Edwards Virginia Beach Department of EMS 477 Viking Drive, Suite 130 Virginia Beach, VA 23452 Dear Chief Edwards, I'm writing on behalf of the Kempsville Volunteer Rescue Squad to request a No -Interest Loan from the City of Virginia Beach. The loan will be used for the purchase of a new ambulance for our squad. This new ambulance will replace Unit 920 which has been experiencing an alarming rate of mechanical issues and breakdowns. We hope to have the new unit in service by the end of the summer. We request a loan for Eighty Thousand dollars, which we would like to repay in five annual installments. The requested amount is based on the following: Estimated price of new ambulance State RSAF Grant Balance $153,953.00 $73,788.00 Approximately $80,165.00 On January 1, 2012 we were awarded a State RSAF Grant of $73,788.00 to apply to the purchase of the new ambulance. Currently, Kempsville Volunteer Rescue Squad has four loans with the city: • Loan # 1 (Unit 927) has an annual payment of $15,400.00 due June I' each year through 2013 with 2 payments remaining. • Loan # 2 (Unit 923) has an annual payment of $12,200.00 due October I' each year through 2014 with 3 payments remaining. • Loan # 3 (Unit 922) has an annual payment of $12,400.00 due October I' each year through 2015 with 4 payments remaining. • Loan # 4 (Unit 92 1) has an annual payment of $12,000.00 due June 1' each year through 2016 with five payments remaining. If you need any further information please let me know. Thank you for your consideration of our request. Sincerely, I Brewer, dresident 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO THE VIRGINIA BEACH VOLUNTEER RESCUE SQUAD INC. FOR THE PURCHASE OF TWO REPLACEMENT AMBULANCES WHEREAS, the Virginia Beach Volunteer Rescue Squad Inc. has requested an interest free loan of $375,000 to purchase two replacement ambulances with estimated cost of $375,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $375,000 is hereby appropriated from the fund balance of the General Fund for an interest-free loan to the Virginia Beach Volunteer Rescue Squad Inc. for the purchase of two replacement ambulances; and 2. That this loan is to be repaid by Virginia Beach Volunteer Rescue Squad Inc. over five (5) years, pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Mihagem#t rvices City- oras ice s CA12352 R-1 July 27, 2012 PROMISSORY NOTE $375,000 Virginia Beach, Virginia August 14, 2012 FOR VALUE RECEIVED, Virginia Beach Volunteer Rescue Squad Inc., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of THREE HUNDERED SEVENTY-FIVE THOUSAND DOLLARS ($375,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before August 30, 2013 - $75,000 On or before August 30, 2014 - $75,000 On or before August 30, 2015 - $75,000 On or before August 30, 2016 - $75,000 On or before August 30, 2017 - $75,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. (SEAL) Title: Date: Agreement between the City of Virginia Beach and the Virginia Beach Volunteer Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Virginia Beach Volunteer Rescue Squad, Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH VIRGINIA BEACH RESCUE SQUAD INC. City Manager/Authorized Designee By: _ Title: ATTEST: City Clerk Date APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management City Attorney's Office 2 July 16, 2012 4 y071-6 6I% EST. 1952 Chief Edwards, The Virginia Beach Volunteer Rescue Squad, Inc. is in the process of purchasing two new ambulances to replace two of our aging fleet, 1421 with 83742 miles, and 1424 with 122,685 miles. These two are our most troublesome units. We are respectively asking for an interest-free loan from the City to facilitate this acquisition. We are asking for a five-year repayment term. The amount requested is $375,000.00. The Squad was unsuccessful in receiving a grant this year from the OEMS RSAF grant program. We will be able to move equipment from the two ambulances we are replacing so the cost to equip should be minimal. VBVRS continues to lead the volunteer EMS system with nearly 240 members. As you are aware we are regularly staffing other stations throughout the City. It is commonplace to have 30 to 40% of the daily staffing comprised of VBVRS volunteers. Many days it exceeds 50%. We are often staffing Rescue 2, 3, 7, 16, 17 and at times station S. We are constantly covering at least one-third of the calls citywide. Quite often EMS -5 will request extra help when a heavy call volume overloads the system. We send out a request and have crews man extra units until call volume dies down. In addition to providing citywide coverage, we are constantly requested to staff dozens of standby events each year due to our first due area covering the oceanfront area. Our ambulance committee has worked very hard to specify a best -value purchase for the Squad. We have contacted Reginald Padgett, Division Head of Automotive Services for his advice and recommendations on chassis and body selection. We will be purchasing a different make and model than previously used based in part, on his recommendations. We are ready to issue a purchase order to our dealer and plan to take advantage of prepayment discounts offered to us, therefore, we are requesting an immediate distribution of loan proceeds once approved by you and then City Council. The delivery date will be the last part of December of this year, or beginning of January of next year. I appreciate your consideration and assistance with this loan. Please give me a call if you have any questions for the Squad. Sincerely, foyWe, 1r. Chief, VBVRS VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. 740 VIRGINIA BEACH BLVD. / VIRGINIA BEACH, VIRGINIA 23451 / PHONE 757-437-4830 / FAX 757-437-0422 WWW.RESCUE14.COM 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE PLAZA VOLUNTEER 3 RESCUE SQUAD FOR THE PURCHASE OF A 4 REPLACEMENT AMBULANCE 5 6 WHEREAS, the Plaza Volunteer Rescue Squad has requested an interest free loan 7 of $75,000 to purchase a replacement ambulance re -chassis with estimated cost of 8 $153,000. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That $75,000 is hereby appropriated from the fund balance of the General 14 Fund for an interest-free loan to the Plaza Volunteer Rescue Squad for the purchase of a 15 replacement ambulance re -chassis; and 16 17 2. That this loan is to be repaid by Plaza Volunteer Rescue Squad over three (3) 18 years, pursuant to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2012 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: L Managenofent Services -Citt'A ItaKis CA12353 R-1 July 27, 2012 PROMISSORY NOTE $75,000 Virginia Beach, Virginia August 14, 2012 FOR VALUE RECEIVED, Plaza Volunteer Rescue Squad ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SEVENTY- FIVE THOUSAND DOLLARS ($75,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before August 30, 2013 - $25,000 On or before August 30, 2014 - $25,000 On or before August 30, 2015 - $25,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). PLAZA VOLUNTEER RESCUE SQUAD SEAL) Title: Date: Agreement between the City of Virginia Beach and the Plaza Volunteer Rescue Squad THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Plaza Volunteer Rescue Squad, a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH City Manager/Authorized Designee ATTEST: City Clerk PLAZA VOLUNTEER RESCUE SQUAD By: _ Title: Date APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management City Attorney's Office 0j, PLAZA VOLUNTEER RESCUE SQUAD P.O. Box 2128 Virginia Beach, VA. 23450 Chief April 13, 2012 Department of EMS 477 Viking Drive Suite #130 Virginia Beach, Virginia 23452 The Plaza Volunteer Rescue Squad needs to upgrade its aging 2005 Chevrolet C-4500 Ambulance (1623) with a re -chassis to a 2012 Ambulance. This will ensure continuation of quality emergency services with state of the art equipment. Ambulance 1623 is the oldest of four ambulances in the Plaza Rescue Squad inventory. Over the past year we have experienced increased mechanical problems including air ride suspension failures and power steering and transmission line ruptures. These have resulted in towing service and unscheduled periods of down time. In addition the following have occurred: • The air ride suspension is a very early model and even when working properly provides for a very bumpy ride in the patient compartment. We have received many complaints from providers on this issue. The re -chassis will provide the most current air ride suspension. • Electrical system failures resulting in premature replacement of the Ambulance batteries. The electrical system in the patient compartment will be updated with the re -chassis • Air Conditioning is not adequate to handle the summer temperatures which create scheduling problems during the summer days. This will also be updated with the re -chassis. Unit 1623 is a 2005 model year chassis and is now 7 years old and in need of upgrade. The entire patient compartment and all the systems therein will be checked and updated as necessary. It is more cost effective to rechasis this unit (savings of about $50,000.00) over the purchase of a new ambulance. In addition the flooring and upholstery will all be replaced extending the life of the ambulance for another 5-7 years. The Chevrolet C-4500 chassis is no longer manufactured by Chevrolet. Plaza Rescue Squad has researched and decided on a comparable International Terrastar chassis. We have also test driven an ambulance that had a re -chassis from a 2005 Chevrolet to an International Terrastar chassis and it is very similar in handling and driving as compared to our current chassis. This will require less familiarization with our crews and those from other stations. The proposed cost for the re -chassis $153,000.00 Of this cost Plaza Volunteer Rescue Squad has applied for a RSAF grant from the state office of EMS and had been awarded a grant in the amount $47,500.00 Plaza Rescue Squad will be applying $30,500.00 from donations towards the cost plus the sale of the current 1623 chassis (price to be determined). Current budget constraints limit Plaza Rescue Squad's ability to fund this re -chassis without the assistance of the City of Virginia Beach. Plaza Volunteer Rescue Squad is requesting the city of Virginia Beach to augment the state grant and its funds for the re -chassis with a no -interest loan of $75,000.00. We are further requesting to pay back this loan over a period of three (3) years at $25,000.00 per year. We request the first payment to be one year after the loan is secured. UUf - WIkea' Willi a Presi ent 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE PRINCESS ANNE 3 COURTHOUSE VOLUNTEER RESCUE SQUAD AND FIRE 4 DEPARTMENT, INC. FOR THE PURCHASE OF A 5 REPLACEMENT AMBULANCE 6 7 WHEREAS, the Princess Anne Courthouse Volunteer Rescue Squad and Fire 8 Department, Inc. has requested an interest free loan of $15,000 to purchase a replacement 9 ambulance with estimated cost of $159,638. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That $15,000 is hereby appropriated from the fund balance of the General 15 Fund for an interest-free loan to the Princess Anne Courthouse Volunteer 16 Rescue Squad and Fire Department, Inc. for the purchase of a replacement 17 ambulance; and 18 19 2. That this loan is to be repaid by Plaza Volunteer Rescue Squad over three 20 (3) years, pursuant to the terms of the attached agreement and promissory 21 note. 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 member of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Manageryfent Services City ffice CA12357 R-1 August 1, 2012 PROMISSORY NOTE $15,000 Virginia Beach, Virginia August 14, 2012 FOR VALUE RECEIVED, Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Inc., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of FIFTEEN THOUSAND DOLLARS ($15,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before August 30, 2013 - $5,000 On or before August 30, 2014 - $5,000 On or before August 30, 2015 - $5,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). PRINCESS ANNE COURTHOUSE VOLUNTEER RESCUE SQUAD AND FIRE DEPARTMENT, INC. (SEAL) Title: Date: Agreement between the City of Virginia Beach and Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Princess Anne Courthouse Volunteer Rescue Squad and Fire Department Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH City Manager/Authorized Designee ATTEST: City Clerk APPROVED AS TO CONTENT: Virginia Beach EMS Chief APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management PRINCESS ANNE COURTHOUSE VOLUNTEER RESCUE SQUAD AND FIRE DEPARTMENT, INC. By: _ Title: Date APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 k", Princess Anne Courthouse Volunteer Rescue Squad and Fire Department, Inc. Post C)f ce Box 63.44 5 V-irginia Reach. Virginia 234-56 Sennrg the Communty Smce 1947 we July 17, 2012 Chief Edwards, I am writing this letter on behalf of the Princess Anne Courthouse Volunteer Rescue Squad. It is our intention to ask for an interest free loan from the city for the purchase of a new ambulance. As you may know by now we have been approved for a RSAF grant for 80/20 funds. The grant amount is $124,548.00. We have also received a grant of $20,000.00 from the Virginia Beach Rescue Squad Foundation. Currently, we are working with Wheeled Coach to purchase a 2012 type III Chevy 4500 170" . module ambulance for a total cost of $159,638.00. 1 am looking to apply for a $15,000.00 loan from the city to complete this purchase. Please find attached our grant application which includes our reasons for requesting to borrow money and replace current equipment. The current mileage on the unit to be replaced is 209,450. Should you have any further questions, please feel free to contact myself at 757-343-6471 or Melanie (Dunn) Burns at (573) 528-0616. Thank you for your time and consideration in this matter. Ve espectfully Gary A. Wilks SR Captain Gwilks5606C@aol.com 757-343-6471 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Public Safety and Criminal Processing MEETING DATE: August 14, 2012 ■ Background: The Edward Byrne Justice Assistance Grant (JAG) Local Solicitation is a grant from the Department of Justice that is used to assist with law enforcement and criminal processing programs. The JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The Criminal Justice Board, which is comprised of City representatives from Police, Sheriff, Courts, and Community Corrections agreed upon the best use of this grant funding. ■ Considerations: The total award for this grant is $119,249. The Virginia Beach Criminal Justice Board recommends that the funds be used as follows: $46,000 to the Police Department for the purchase of a tactical robot and alternative light source; $39,900 to the Youth Opportunities Office for the summer youth employment program; $23,349 to the Sheriff for the jail security —canine program and to purchase video surveillance camera; and $10,000 to Community Corrections and Pretrial to hire a consultant to conduct a system assessment and recommendation for systemic improvements. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: It is recommended that City Council accept and appropriate the grant award. ■ Attachment: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Commonwealth's Attorney's Office "vO City Manager:k , 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR PUBLIC SAFETY AND 3 CRIMINAL PROCESSING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $119,249 is hereby accepted from the Edward Byrne Justice Assistance 9 Grant, through the United States Department of Justice, and appropriated, with federal 10 revenues increased accordingly, to the FY 2012-13 budgets of the following 11 departments in the amounts and for the reasons set forth: 12 13 a. $46,000 to the Police Department for the purchase of a tactical robot and 14 alternative light source; 15 b. $39,900 to the Youth Opportunities Office for the summer youth employment 16 program; 17 c. $23,349 to the Sheriff for the jail security —canine program and to purchase 18 video surveillance camera; and 19 d. $10,000 to Community Corrections and Pretrial to hire a consultant to conduct 20 a system assessment and recommendation for systemic improvements; 21 22 2. That all contracted positions funded through this grant shall be eliminated 23 when grant funding expires. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i Manager4ent 8ervices City Attorney's Office CA12350 R-1 July 25, 2012 �NuB� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Grant Funds for the Community Corrections and Pre -Trial Services MEETING DATE: August 14, 2012 ■ Background: The Virginia Department of Criminal Justice Services (DCJS) provides on-going funding to the Virginia Beach Department of Human Services to provide Community Corrections and Pre-trial services. Beginning in Fiscal Year 2012-13, DCJS is increasing its funding to Virginia Beach Department of Human Services by $60,000 annually. These additional monies will be used to fund two part-time Pre-trial Probation Officer I positions. The funding also includes $20,568 that will be used for contracted manpower costs for additional Pre-trial Probation Officer positions. These positions are needed to provide coverage for the additional cases. ■ Considerations: The Community Corrections and Pretrial program processed its highest number of referrals in Fiscal Year 2012. This increased funding will assist in dealing with the increased demand. There are two part-time positions (1.0 FTE, City staff) added with this request, and these positions will be conditioned upon continued grant funding. No additional local funds are required for this request. ■ Public Information: Public information will be coordinated through the normal Council Agenda process. ■ Recommendations: Accept and appropriate state funds. ■ Attachment: Ordinance Recommended Action: Approval j'''� Submitting Department/Agency: Department of Human Services City Manager: v: ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE GRANT FUNDS FOR THE COMMUNITY CORRECTIONS AND PRE-TRIAL SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $60,000 is hereby accepted from the Virginia Department of Criminal Justice Services and appropriated, with estimated state revenues increased accordingly, to the FY 2012-13 Operating Budget of the Department of Human Services for two part-time positions and contracted manpower for the Community Corrections and Pretrial Services program for adults; and 2. The part-time positions associated with this ordinance are conditioned upon continued grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r Manage ent Services Cit yis Office CA12355 R-1 July 30, 2012 s htT 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Federal Byrne Justice Assistance Grant Program and Transfer Funds for the Required Local Match MEETING DATE: August 14, 2012 ■ Background: The Department of Criminal Justice Services has awarded the Virginia Beach Court Service Unit ("Juvenile Probation") funding through the federal Byrne Justice Assistance Grant Program (JAG). The grant period will run from July 1, 2012 — June 30, 2013. This grant will provide $56,730 of federal funding and requires a $6,304 local match. The JAG funding will be used to hire qualified researchers and consultants through the University of Cincinnati's Corrections Institute and Dr. Edward J. Latessa to conduct a system wide evaluation of existing programs and services implemented and utilized by the local juvenile justice system. This will also include an assessment of our primary referral agencies and will identify strengths and weaknesses of the Virginia Beach Juvenile Probation services and treatment programs. The grant is renewable for up to four years. Juvenile Probation's plan is to have the research and consulting completed and the recommendations implemented and sustained by the Juvenile Probation by the time the grant funding is exhausted. ■ Considerations: The grant match will be provided by Juvenile Probation's FY 2012-13 operating budget. ■ Public Information: Public information will be coordinated through the normal Council Agenda process. ■ Recommendations: It is recommended that Council approve the attached budget ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Juvenile Probation City Manager: ��4L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE FEDERAL BYRNE JUSTICE ASSISTANCE GRANT PROGRAM AND TO TRANSFER FUNDS FOR THE REQUIRED LOCAL MATCH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $56,730 in federal funding is hereby accepted from the Department of Criminal Justice Services through the Byrne Justice Assistance Grant Program and appropriated, with estimated federal revenues increased accordingly, to the FY 2012-13 Operating Budget of Juvenile Probation for purposes of obtaining a system -wide evaluation of programs and services offered through the Virginia Beach Court Service Unit and its primary referral agencies to identify the strengths and weaknesses of current services and implement changes as recommended; and 2. $6,304 is available in the FY 2012-13 Operating Budget of Juvenile Probation and is hereby transferred within its budget for the required match. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT anage nt ervices CA12349 R-1 July 24, 2012 APPROVED AS TO LEGAL SUFFICIENCY: 'City'fCttorf ey's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Prevention of Juvenile Delinquency MEETING DATE: August 14, 2012 ■ Background: The Virginia Department of Criminal Justice Services has continued its support for programs aimed at addressing juvenile delinquency by providing a grant of $25,000 to the Department of Human Services. The Juvenile Justice and Delinquency Prevention Title V: Steps To Respect grant includes a three- year delinquency prevention plan aimed at reducing juvenile delinquency in the community through the identification of risk factors within the community with a corresponding focus on addressing these risk factors (anti -bullying — 3rd graders). ■ Considerations: The grant provides $25,000 of federal funding and requires a $12,500 in-kind match. The in-kind match will be provided the Department of Human Services. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: Accept and appropriate the grant award of $25,000. ■ Attachments: Ordinance Recommended Action: Approval!cr�z/ Submitting Department/A ency: Department of Human Services City Manager: S �� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR THE PREVENTION OF 3 JUVENILE DELINQUENCY 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That $25,000 is hereby accepted from the Virginia Department of Criminal Justice 7 Services and appropriated, with estimated state revenues increased accordingly, to the FY 8 2012-13 Operating Budget of the Department of Human Services for enhanced services to 9 addresses juvenile delinquency. 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: -- J a " 110x::� Management Services CA12342 R-1 July 13, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City_. r y4 bf rice . fGl��'egC'l (4 ✓ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to Identify, Investigate, and Criminally Prosecute Individuals Committing Internet Crimes against Children MEETING DATE: August 14, 2012 ■ Background: The Virginia Department of Criminal Justice Services has awarded the Virginia Beach Police Department grant funds of $25,000 through the Internet Crimes against Children Program. This state grant will be active from July 1, 2012 through June 30, 2013. The purpose of this funding is to provide overtime pay and specialized training to the Police Department's Computer Crimes Unit. The training will instruct investigators to identify and investigate suspected distributors of child pornography. The overtime will be used for a concentrated law enforcement effort to identify and prosecute criminals committing Internet crimes against children. ■ Considerations: The City is not required to provide a match for this grant. The grant will cover the salary portion of overtime pay, and the Police Department will absorb the cost of fringe benefits related to this overtime pay in its FY 2012-13 Operating Budget. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: It is recommended that Council accept and appropriate the grant award of $25,000. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Departmen - k4 -<f nc City Manager: �L,-Za . 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO IDENTIFY, INVESTIGATE, AND CRIMINALLY 3 PROSECUTE INDIVIDUALS COMMITTING INTERNET 4 CRIMES AGAINST CHILDREN 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 $25,000 is hereby accepted from the Virginia Department of Criminal Justices 8 Services and appropriated, with estimated state revenues increased accordingly, to the FY 9 2012-13 Operating Budget of the Police Department to provide overtime pay and 10 specialized training to the Police Department's Computer Crime Unit, which will enable 11 them to identify investigate, and prosecute suspected distributors of child pornography. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Q� Management Services o s ffice CA12345 R-1 July 17, 2012 L. PLANNING Application of PARKWAY ESTATES, LLC for a Floodplain Variance re single family lots at Townfield Lane south of Nimmo Parkway (DISTRICT 7 - PRINCESS ANNE) (re a CUP approved October 23, 2007) RECOMMENDATION: APPROVAL 2. Application of WEBSTER R. and MARY ELIZABETH LAWLER for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) at 6902 Atlantic Avenue (DISTRICT 5 — LYNNHAVEN) STAFF RECOMMENDS DENIAL PLANNING COMMISSION RECOMMENDS APPROVAL 3. Application of TENCH H. PHILLIPS, JR. for a Conditional Use Permit Modification re site and building improvements for automobile sales and service at 4949 Virginia Beach Boulevard (Approved by City Council on August 25, 1995) (DISTRICT 4- BAYSIDE) RECOMMENDATION: APPROVAL 4. Application of MICHAEL J. BARRETT/SALT MEADOW BAY, LLC, for a Modification of Proffers Nos. 1, 3, and 4 re townhouses at Barberton Drive and Oakland Avenue (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 5. Application of TGM REALTY INVESTORS, INC./TECHNOCENTER ASSOCIATIONS, LLC for a Conditional Use Permit re a private college (Stratford University) at 555 South Independence Boulevard (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROVAL 6. Application of RESERVE INVESTMENTS II, INCJBILL SMITH, ETAL, TRUSTEES FOR ARAGONA CHURCH OF CHRIST for a Change of Zoning District Classification, from PDH - 2 Planned Unit Development Overlay District to P-1 Preservation District at 527 Witchduck Road (DISTRICT 4 - BAYSIDE) RECOMMENDATION: APPROVAL Application of COURTHOUSE GREEN, LLC for a Change of Zoning District Classification, from R-51) (Conditional PD -112) District to P-1 Preservation District at 2504 North Landing Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, August 14, 2012, at 6:00 P.M., at which time the following applications will be heard: BAYSIDE DISTRICT Tench H. Phillips, Jr. Application: Modification of Conditions. 4949 Virginia Beach Boulevard (GPIN 1477048837). Reserve Investments II, Inc./Bill Smith, at al Trustees For Aragona Church Of Christ Application: Change of oning from PD -H2 Planned Unit Development Overlay to P-1 Preservation at 527 Witchduck Road (GPIN 1467981860). Comprehensive Plan - Suburban Area. Purpose: Preservation of open space in neighborhood. LYNNHAVEN DISTRICT. Webster R. and Mary Elizabeth Lawler Application: S b�divislon Variance at 6902 Atlantic Avenue (GPIN 2419647959). KEMPSVILLE DISTRICT. TGM Realty Investors, Inc./Technocenter Associates, LLC Application: Conditional Use Permit for a college - higher education at 555 S. Independence Blvd (GPIN 1476780091). BEACH DISTRICT Michael J. Barrett/Saltmeadow Bay, LLC Application: Modification of proffers at Barberton Drive and Oakland Avenue (GPIN 2417798731).. PRINCESS ANNE DISTRICT Parkway Estates, LLC Application: Floodolain Variance at Nimmo Parkway and Townfield Lane (GPIN 2414645890). Courthouse Green, LLC Application: Change of Zoning from R51) (PD -H2) to P-1 Preservation at 2504 North Landing Road (GPIN portions of 1494716347 and 1494711651). Comprehensive Plan - SEGA4. Purpose - Preservation of open space in neighborhood. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at httr��www vbcury r•om�oc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. Beacon July 29 & Aug. 5, 2012 23150977 �S NU �cyfy] CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PARKWAY ESTATES, LLC, Floodplain Variance, south side of Nimmo Parkway, approximately 450 feet east of Townfield Lane (GPIN 2414645890). PRINCESS ANNE DISTRICT. MEETING DATE: August 14, 2012 ■ Background: The applicant received approval for a Conditional Rezoning from AG -2 Agricultural District to R-7.5 Residential District on October 23, 2007. The proffered site plan depicted ten lots for single-family homes. Plans for the site were submitted for Preliminary Subdivision Review in November 2010. Between the time of City Council approval and the Subdivision Plan submittal, a revision to the FEMA floodplain elevations had been adopted in May 2009. The applicant's submitted Subdivision Plan depicted proposed fill and land disturbance within a portion of the site in the new boundaries for the 100 - year floodplain as set by FEMA. Thus, revised site plans were resubmitted for review in May 2011 and again in October 2011. The applicant's engineer provided calculations that exceeded the five percent of the total area allowed to be filled. The site is located within the "Floodplain Subject to Special Restrictions," as described in Section 5B.5 of the Site Plan Ordinance. Section 5B.5 (b) and (c) of the Site Plan Ordinance does not permit new residential dwelling structures or filling within that floodplain. Thus, the applicant is requesting a variance to Section 5B of the Site Plan Ordinance (Floodplain Variance) for the purpose of permitting the fill of the existing area of the floodplain on the property. ■ Considerations: There are 10,233 cubic feet of fill impact and a proposed removal of 11,854 cubic feet to compensate. All of the proposed mitigation will be on-site, as depicted on the site exhibit. • Total Surface Area of the site = 171,666 square feet (SF) • Total Surface Area within the Floodplain = 54,670 SF • Total Surface Area covered by Fill within the Floodplain = 26,169 SF • Percentage of Floodplain Surface Covered by Fill = 48 % The Site Plan Ordinance requires that mitigation be provided at a one-for-one replacement for the flood storage volume of the floodplain filled, and that the areas of mitigation or replacement must be contiguous with the existing floodplain. Parkway Estates, LLC Page 2 of 2 • Existing 100 -year floodplain storage volume = 28,901 Cubic Feet (C.F) • Volume of fill within the floodplain = 10,233 Cubic Feet (C.F.) • Mitigation Areas for fill volume = 11,854 Cubic Feet (C.F.) • Post Developed 100 -year floodplain storage volume = 29,712 Cubic Feet (C.F) As noted above, the volume of the mitigation areas exceeds the volume of fill within the floodplain by 1,621 cubic feet (C.F.). The mitigation areas are located outside of and contiguous with the existing floodplain. The mitigation proposed for the floodplain fill meets the criteria for mitigation as defined by the ordinance. During the review of the request, the applicant coordinated with the Development Services Center on fill and mitigation plans, as well as the design of the stormwater management facility to meet City regulations. In addition, to reduce impacts to the floodplain, the applicant has decreased the floor area of two dwellings, changed the location of a driveway, and removed a potential swimming pool for one lot. Additionally, the applicant has reduced the overall development footprint within the Southern Watershed Management Area buffer from that previously depicted on the City Council approved plan There was opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council with the following condition: The site shall be developed substantially in accordance with the submitted plan entitled "Preliminary Subdivision of Parkway Estates", Sheets S-1.0 and S-1.1 dated 01/06/2010 and revised 05/22/2012, and prepared by WPL Landscape Architecture Land Surveying Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: IONVN4 '/- ' PRINCESS ANNE M1�tn 6L-�2Q� jrai-kw av Estaics, LLC B2 , 'AG2 R7.5 r %AG1 s. � � 3 - AG1 r �y 7.5 '-a zer.y.wn c«mn..oAww.:. op. y.uvm.nw. Flood Plain Vwlance REQUEST: Floodplain Variance to Section 5B of the Site Plan Ordinance. 12 July 11, 2012 Public Hearing APPLICANT / PROPERTY OWNER: PARKWAY ESTATES, LLC STAFF PLANNER: Karen Prochilo ADDRESS / DESCRIPTION: Property located on the south side of Nimmo Parkway 390 feet east of Townfield Lane. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24146418570000 PRINCESS ANNE 171,666 SF or Majority of the site is in the 24146458900000 3.941 acres less than 65 dB DNL. The western edge of the site is within the 65-70 dB DNL. SUMMARY OF REQUEST The applicant received approval for a Conditional Rezoning from AG -2 Agricultural District to R-7.5 Residential District on October 23, 2007. The proffered site plan depicted ten lots for single-family homes. Plans for the site were submitted for Preliminary Subdivision Review in November 2010. Between the time of City Council approval and the Subdivision Plan submittal, a revision to the FEMA floodplain elevations had been adopted in May 2009. The applicant's submitted Subdivision Plan depicted proposed fill and land disturbance within a portion of the site in the new boundaries for the 100 -year floodplain as set by FEMA. Thus, revised site plans were resubmitted for review in May 2011 and again in October 2011. The applicant's engineer provided calculations that exceeded the five percent of the total area allowed to be filled. The site is 171,666 square feet or 3.941 acres. The total area of the floodplain on the site is 54,670 square feet or 32 percent of the total site. The proposed impact on the site due to fill will be 26,169 square feet of the floodplain area. There are 10,233 cubic feet of fill impact and a proposed removal of 11,854 cubic feet to compensate. All of the proposed mitigation will be on-site, as depicted on the site exhibit. PARKWAY ETT S;' Agenda Item 12 Page 1 The site is located within the "Floodplain Subject to Special Restrictions," as described in Section 513.5 of the Site Plan Ordinance. Section 513.5 (b) and (c) of the Site Plan Ordinance does not permit new residential dwelling structures or filling within that floodplain. Thus, the applicant is requesting a variance to Section 5B of the Site Plan Ordinance (Floodplain Variance) for the purpose of permitting the fill of the existing area of the floodplain on the property. • Total Surface Area of the site = 171,666 square feet (SF) • Total Surface Area within the Floodplain = 54,670 SF • Total Surface Area covered by Fill within the Floodplain = 26,169 SF • Percentage of Floodplain Surface Covered by Fill = 48 % The Site Plan Ordinance requires that mitigation be provided at a one-for-one replacement for the flood storage volume of the floodplain filled, and that the areas of mitigation or replacement must be contiguous with the existing floodplain. • Existing 100 -year floodplain storage volume = 28,901 Cubic Feet (C.F) • Volume of fill within the floodplain = 10,233 Cubic Feet (C.F.) • Mitigation Areas for fill volume = 11,854 Cubic Feet (C.F.) • Post Developed 100 -year floodplain storage volume = 29,712 Cubic Feet (C.F) As noted above, the volume of the mitigation areas exceeds the volume of fill within the floodplain by 1,621 cubic feet (C.F.). The mitigation areas are located outside of and contiguous with the existing floodplain. The mitigation proposed for the floodplain fill meets the criteria for mitigation as defined by the ordinance. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Nimmo Parkway USE AND ZONING: • Single-family dwellings / R-15 Residential District South: 0 Single-family dwellings / R-7.5 Residential District East: . Agricultural land / AG -1 Agricultural District West: . Agricultural land / AG -2 Agricultural District NATURAL RESOURCE AND This property is located within the Southern Watershed Management CULTURAL FEATURES: Area and has 100 year floodplain impacts. A portion of the property is located within floodplain of special significance. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1 to 3-2). PARKWAY F*TAES..0 Agenda Item 12 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Nimmo Parkway is currently a 2 -lane local collector with a 110 -foot right-of-way width. The City's MTP designates Nimmo Parkway to be a 4 -lane, divided, controlled -access parkway with 110 foot right-of-way width in this area. There are currently no Roadway CIP projects programmed for this portion of Nimmo Parkway. This portion of Nimmo Parkway is designated as an access -controlled parkway in the City's MTP and all proposed access points are evaluated to ensure (a) they are necessary to provide access to the site, and (b) the design is accomplished such that they the access points will not hinder the functionality of this major roadway in the future. OTHER CITY SERVICES: There are no direct impacts to City services as a result of the requested variance to the floodplain regulations. Section 5.13.8 of the Site Plan Ordinance states: "No floodplain variance shall be granted by the Council unless it finds that: 1. Such variance will not create or result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public. 2. The granting of such variance will not be detrimental to other property in the vicinity. 3. The circumstances giving rise to the variance application are not of a general or recurring nature. 4. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. 5. The granting of such variance will not be in conflict with any ordinance or regulation of the city." Section 513.8 (f) provides additional guidance in the evaluation of floodplain variance applications. The Section notes, "No variance shall be granted by the Council unless the following performance standards are met: 1. Filling shall be limited to the smallest volume and area possible. 2. Floodplain storage capacity shall be mitigated at a one-to-one ratio of storage capacity created for area filled to ensure no net loss of storage occurs as result of filling. 3. All floodplain mitigation shall be located on the project site and shall be located contiguous to the existing floodplain. 4. The general characteristics and functions of the floodplain shall not be adversely affected. 5. Wetlands protection and buffer area requirements set forth in section 7 of the Southern Watersheds Management Ordinance (Appendix G) are met or a variance there from is granted." PARKWAY Agenda Item 12 Page 3 EVALUATION AND RECOMMENDATION The applicant has continuously worked with City staff through both the Conditional Rezoning approval and the Site Plan Review submittal, at which time it was determined that a Floodplain Variance would be necessary. During the review of the site plan, the applicant coordinated with the Development Services Center on fill and mitigation plans, as well as the design of the stormwater management facility to meet City regulations. In addition, to reduce impacts to the floodplain, the applicant has decreased the floor area of two dwellings, changed the location of a driveway, and removed a potential swimming pool for one lot. Additionally, the applicant has reduced the overall development footprint within the Southern Watershed Management Area buffer from that previously depicted on the City Council approved plan Staff finds that with the fill and grading of the site as proposed, along with the addition of a stormwater management facility, the character and functions of the floodplain may improve. Thus, staff concludes that the Floodplain Variance request to allow construction of dwellings in the Floodplain Subject to Special Restrictions is acceptable. Staff recommends approval, subject to the condition below. CONDITION The site shall be developed substantially in accordance with the submitted plan entitled "Preliminary Subdivision of Parkway Estates", Sheets S-1.0 and S-1.1 dated 01/06/2010 and revised 05/22/2012, and prepared by WPL Landscape Architecture Land Surveying Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PARKWAY ABLG ',Jr Agenda Item 12 Page 4 Painters Ln Nlmmo Pkwy w PROPOSED SITE LAYOUT SHOWING FLOODPLAIN _ PARKWAY ESTATES, LLC Agenda Item 12 Page 6 I 3 A-2- � n • � '' � �Q .'' ' I I I ' � F ; •' eg I pp �i I' IIY/ - - 1 <l ------ --------- '•\ r e `Be�i� � `, �j ��. r,/, gj ..� � a I ; ; I{{ /:��. / til i44� [�� 9 I • *ww"`: `--__��b.�,�ci ;yi i I I ly i ± 1, 1 v1-wh---T-"•� •;� IJYM _iii it �l �y } • \ ti ! I�I�II tin II i Ii 111 1 j LL If Lu ` � ° �y,� � �' vd[T F y= \L,`� • \: �."' Mil ► j d� ' It ',� � F ! .�� as ��'`� p �� Z�" �$ • Iw i S. 1 • SII la s mal l! e ,,,III( e I PROPOSED SITE LAYOUT SHOWING FLOODPLAIN _ PARKWAY ESTATES, LLC Agenda Item 12 Page 6 I PRINCESS ANNE Alis) L-11 Map Dt t0 Sc 1D.1,4,.z-.7Ax- T'cf-Afpc 11,111' 1 4ti 1tt _'I ---W..— 7 --- T—� T .0 1A AGI 1,i - r AGI M Zoning with ConditionsiProffers, Open Flood Plain Variance Space Promotion or PDH -2 Overlays ZONING HISTORY G1 R15 # DATE REQUEST ACTION 1 10/23/2007 CONDITIONAL USE PERMIT (Religious Facility) Approved 2 09/12/1995 CONDITIONAL REZONING (AG -2 to R-15) Approved 3 08/27/1991 CONDITIONAL REZONING (AG-1/AG-2 to R-7.5) Approved 4 05/20/1985 CONDITIONAL REZONING (AG-1/AG-2 to R-6) Approved PARKWAY ESTATES, LLC �J Agenda Item 12 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Parkway Estates, LLC; William N. Wright, Jr 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Floodplain Variance Application Page 9 of 10 Revised 7/11/2006 DISCLOSURE STATEMENT PARKWAY enda Item 12 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect [services, o the requested property use, including but not limited to the providers of architectural real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 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 entDi upon the subject property by employees of the Department of Planning to photograph and v0flhe she for purposes of processing and evaluating this application. William N. Wright, Jr Applicant's signature Print Name Property Owner's Signature (if different than applicant) Print Name Floodplain Variance Appligtlon Page 10 of 10 Revised 7111/2006 DISCLOSURE STATEMENT PARKWAY Agenda Item 12 Page 9 Item #12 Parkway Estates, L.L.C. Floodplain Variance South side of Nimmo Parkway District 7 Princess Anne July 11, 2012 REGULAR An application of Parkway Estates, L.L.C. for a Floodplain Variance to Section 5B of the Site Plan Ordinance on property located on the south side of Nimmo parkway, 390 feet east of Townfield Lane. GPIN: 24146418570000; 24146458900000. CONDITION The site shall be developed substantially in accordance with the submitted plan entitled "Preliminary Subdivision of Parkway Estates", Sheets S-1.0 and S-1.1 dated 01/06/20 10 and revised 05/22/2012, and prepared by WPL Landscape Architecture Land Surveying Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE NAY 0 ABS 0 ABSENT 1 Item #12 Parkway Estates, L.L.C. Page 2 LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON By a vote of 10-0, the Commission approved item 12. ABSENT Billy Garrington appeared before the Commission on behalf of the applicant. David Bennett and Peg Ivey appeared in opposition. ti 00 .J �G w ad 4 11 Now E • Q No No L r Ct 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WEBSTER R. & MARY ELIZABETH LAWLER, Subdivision Variance, 6902 Atlantic Avenue (GPIN 2419647959). LYNNHAVEN DISTRICT. MEETING DATE: August 14, 2012 ■ Background: The applicants are requesting approval of a variance to the requirement of Section 4.4(b) of the Subdivision Ordinance that all proposed lots meet the requirements of the Zoning Ordinance. The existing lot is 10,500 square feet and has one single-family dwelling on it. The site is zoned R -5R Resort Residential District. The applicants propose to subdivide the lot to create one more lot. The proposed lot will not meet the required lot width for the R -5R District. ■ Considerations: It is the intent of the applicants to subdivide the parcel into two separate lots, one with 55 feet of lot width and the second with only 15 feet of lot width. Both lots will meet the minimum 5,000 square foot lot area requirement for the R -5R District. Item RgquiredLot 4A� Lot Width in feet 50 15* 55 Lot Area in square feet 5,000 5,347 5,153 * Variance required Due to Lot4A not meeting the required lot width, the applicants are seeking this variance to 15 feet from the required 50 feet. Section 9.3 of the Subdivision Ordinance, which provides for variances to the ordinance, reads as follows: The City Council may authorize in specific cases such variances from the strict application of the terms of this ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement will result in unnecessary hardships, provided that the spirit of this ordinance shall be observed and substantial justice done. No variance shall be authorized by the Council unless it finds that: a) Strict application of the ordinance would produce undue hardship. Webster R. & Mary Elizabeth Lawler Page 2 of 3 b) The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. c) The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. d) The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. e) The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff finds that there is no hardship in this case consistent with the criteria above. Instead, the applicants' request for a variance is, in Staff's opinion, a means of bypassing the requirements of the Zoning Ordinance. The applicants' request for a variance is simply a means of creating a substandard lot to avoid the construction of a duplex, as the North End community has an understandable aversion to duplex structures. The minimum lot size for a single-family parcel in the R -5R District is 5,000 square feet. Proposed Lot 4A meets this requirement, as it is proposed with 5,300 square feet; however, approximately 24 percent of the lot, about 1,200 square feet, is covered by a 15 -foot by 83 -foot (15'x83') long driveway. The result is a very small area of the lot for the dwelling and the required parking spaces. In fact, to provide sufficient area for two cars to park side-by-side and maneuver into and out of the spaces, the applicant is proposing an ingress/egress easement for Lot 4A. As noted above, staff is aware of the aversion that many property owners in the North End have to the construction of duplexes, preferring instead two single- family dwellings on one lot. Two detached dwellings on one lot are currently allowed in the Old Beach neighborhood. The North Virginia Beach Civic League (NVBCL) is currently refining a proposal for a proposed Zoning Ordinance amendment, accompanied by design guidelines, which will allow development similar to that currently allowed in Old Beach. There are, however, significant differences between the neighborhoods. For example, Old Beach has alleys, while the majority of the North End does not, which results in access issues that must be addressed as part of the development of the ordinance and guidelines being developed. The applicants' proposal is an attempt to develop the subject lot in a layout somewhat similar to that allowed in Old Beach, in lieu of constructing a duplex. Accordingly, the NVBCL, after review of the proposal, supports the applicants' request for this variance. Webster R. & Mary Elizabeth Lawler Page 3 of 3 Staff, however, finds that this request is based in a desire to develop the subject lot in a way that is contrary to the existing zoning regulations for the R -5R District. There is no hardship present meeting the standards of Section 9.3 of the Subdivision Ordinance. Accordingly, staff recommended denial of the application to the Planning Commission. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council. If the City Council grants the variance, the following conditions are recommended: The site shall be subdivided and developed substantially in conformance with the submitted "PRELIMINARY RESUBDIVIOSN PLAT, Resubdivision of the Southern 30' of Lot -4 & the Northern 40' of Lot -5, Block 10, Cape Henry", dated 10/06/2011, 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 in substantial conformance with the style of the dwelling depicted as "Front Elevation" on the submitted "Subdivision Improvement Plan, Lawler Residence, 6902 Atlantic Avenue," dated May 1, 2012, and prepared by WPL Landscape Architects/Land Surveyors/Engineers. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Department/Agency: Planning Department;, City Manager: �Rj ^ '� Webster R & Mare Elizabeth Lawler RSR 1 P1 � � a za.��.wCWnbroArpM.oP�. Subdivision Variance Spxr P�oroNw ei P/kF10ro�Yy� 2 July 11, 1012 Public Hearing APPLICANT & PROPERTY OWNER: WEBSTER R. & MARY ELIZABETH LAWLER STAFF PLANNER: Carolyn A.K. Smith REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: 6902 Atlantic Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24196479590000 LYNNHAVEN 10,500 square feet Less than 65 dB DNL SUMMARY OF REQUEST Existing Lot: The existing lot is 10,500 square feet and has one single-family dwelling on it. Proposed Lots: It is the intent of the applicant to subdivide the parcel into two separate lots, one with 55 feet of lot width, and the second with only 15 feet of lot width. Both lots will meet the minimum lot area required for the R -5R District of 5,000 square feet. Item lRequored Lot 4A Lot 5A Lot Width in feet 50 15` 55 Lot Area insquare feet 5,000 5,347 5,153 Variance required The applicant is requesting a Subdivision Variance to the minimum lot width for Lot 4A, as the lot possesses only 15 feet instead of the required 50 feet. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Duplex / R -5R Residential District USE AND ZONING: South: . Vacant land / R -5R Residential District East: . Atlantic Avenue West: . Single-family dwellings / R -5R Residential District NATURAL RESOURCE AND The site is within the Atlantic Ocean watershed. There is a significant 32 - CULTURAL FEATURES: inch live oak tree at the front of property. Other than this single tree, there do not appear to be any other significant environmental or cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area, Suburban Focus Area 7 - North Beach Area. North Beach, located on both sides of Atlantic Avenue from 42"d Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with much of the land zoned Residential Resort District (R -5R). Moreover, the North Beach area is characterized by a relatively high density of single-family and duplex housing, high impervious surface coverage, and problematic topographic conditions, all of which combine to create recurring stormwater drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization, and the use of Best Management Practices (BMPs) for stormwater control. Site improvements and reconstruction should use porous materials for driveways, walkways and other similar surfaces, where feasible, to achieve a net reduction of impervious coverage. Attractive and high quality materials capable of withstanding severe weather events should be used IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Atlantic Avenue is a 4 -lane, minor urban arterial with 120 feet of width. There are no CIP projects planned for this portion of Atlantic Avenue. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Atlantic Avenue 14,690 ADT 14,800 ADT (Level of Existing Land Use —10 Service "C") — 27,400 ADT ADT' (Level of Service Proposed Land Use 3— 20 "E") ADT Average Daily Trips 2 as defined by one single-family dwelling 3 as defined by two single-family dwellings WATER & SEWER: This site is currently connected to City water and sanitary sewer. LAW'LER Agenda Item 2 Page 2 Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Staff recommends denial of this variance request for a reduction of the required minimum lot width of 50 feet to 15 feet. Staff understands the applicant's assertion that the result of the requested variance will be "in keeping with the character of the North End." Staffs position, however, is that there is no hardship in this case consistent with the criteria provided in Section 9.3 of the Subdivision Ordinance (presented above). Instead, the applicant's request for a variance is, in Staffs opinion, a means of bypassing the requirements of the Zoning Ordinance. A duplex can be constructed on the site as a matter of right, resulting in the same number of units (two) as with the applicant's development scenario. All other instances in the vicinity where Staff recommended approval for Subdivision Variances or for Changes to Nonconforming Uses were based on either no increase in units or a reduction in the number of dwelling units on the site, Unfortunately, the applicant's request for a variance is simply a means of creating a substandard lot to avoid the construction of a duplex. The minimum lot size for a single-family parcel in the R -5R District is 5,000 square feet. Proposed Lot 4A meets this requirement, as it is proposed with 5,300 square feet; however, approximately 24 percent of the lot, about 1,200 square feet, is covered by a 15 -foot by 83 -foot (15'x83') long driveway. The result is a very small area of the lot for the dwelling and the required parking spaces. In fact, to provide sufficient area for two cars to park side-by-side and maneuver into and out of the spaces, the applicant is proposing an ingress/egress easement for Lot 4A. Staff is aware of the aversion that many property owners in the North End have to the construction of duplexes, preferring instead two single-family dwellings on one lot, as currently allowed in the Old Beach neighborhood. The North Virginia Beach Civic League (NVBCL) is currently refining a proposal for ordinance amendments and design guidelines that will allow development similar to that currently allowed in Old Beach. There are, however, significant differences between the neighborhoods. For examplg,t LAW:ER. Agenda Item 2 Page 3 Beach has alleys, while the majority of the North End does not, which results in access issues that must be addressed as part of the development of the ordinance and guidelines being developed. In sum, the applicant's proposal is an attempt to develop the subject lot in a layout somewhat similar to that allowed in Old Beach. Staff, therefore, concludes that this request is based in a desire to develop the subject lot in a way that is contrary to the existing zoning regulations for the R -5R District, and there is no hardship present meeting the standards of Section 9.3 of the Subdivision Ordinance. Based on these findings, Staff recommends denial of the request for a variance. -LA 1I11 F ,.. Agenda Min 2 Page 4 Agenda Item 2 Page 5 N/F :\ GLENN R. JONES & LEMOINE M. JONES LOT 8 k EASTERN 25' OF LOT 10 FT (M.B. 1. PG. 8b) (D.B. 3783, K. 1582) GPIN: 2419-64-6962 q 70' i I , 1iif;TuFlrj 4U' WW N/F / JOHN S WALLER FAMILY, LP LOT 6A-1 :.............. �� i (I.N. 20120103000004310-PLAT} 1 C `..wv�nxnN,f ecrwrron (I.N. 20110414000379490) x n.an LA ) GPIN: 2419-64-7943 ` sei R"rv" cmc PER »„-- � �Fu rt000 vas JlSSJ1OOD F SCOTT PANTONE k MAR J. PANTONE J(I.N. 2 60725001120060) cpD O G�GE G. CRCADDOCK, III k rsrsw �o-e• o,r .,— � MONICA G CRADDOCK �2 a a......�. '— (I.N. 2006061 0 0876970) 0 #M ATLOM AVOK (I.N. 20050527000803210-PUT) . m 'J I-wart swxa (N. 20060612000876950-CONDO PIAT R NIS FRAW GPIN: 2419-65-7046 N/F JOHN S WALLER FAMILY, LP LOT 6A-2 +� _ (I.N. 20120103000004310 ?6o►r�+ (I.N. 2011 D414000379490) GPIN: 2419-64—;625 m J \ _ oda aM — 1 A TL ANTIC A VENUE (D.B. 119, P. 213)— EXISTING SITE LAYOUT LAWLER Agenda Item 2 Page 6 X Y, LP 0 -PLAT) )490) 43 3t Y, LP 0 -PLAT) )490) 25 4,975.81 5;829.10 PROPOSED SUBDIVISION LAWLER .' Agenda Item 2 Page 7 ' 70.00' FT za.3 L O T 4Ai 20' BIL 53.5' h PROPOSED 8.3' 15.0• 2 %-STORY DWELLNNO �, \ / m o PORCH � x PROPOSE m / \ o h 17.7' SPACES 14.0' � _ (2 SPACE B' 8/L N 14,-21-_2 "- . 3 . 90' 2 I �� 18.0, o 3.00't Bi B2 p ti 2OC2, r ! F f Az 20 B/L J i l W - -- - ---X6:00—="-'-- --- -- z LOT 5A ,I Q Z PROPOSED 2 YSTORY `? DWELLII KILO h - PROPOS, -- -- -- _ _ INGRESS, EASEMV BENEFIT �...� h •4 h PORCH-- -- > � �� 6.00•�� n 15.0' I i _J IL 20' B; L 24.6' N.- .3, I I 55. 15.00' S 14 _00' i. f 6= 70.00' iO7A PROPOSED SUBDIVISION LAWLER .' Agenda Item 2 Page 7 Ln Ln 70' FT OT 4A { EXISTING LIVE OAK TO REMAIN x x PROPOSED k-' 2 1/2 STORY DWELLING MN o LOT 5A EXISTING LIVE OAK TO REMAIN i _ 55_ A CN -TI, A VENUE — a pass•. fm — - — (120' R,, W)- — — — `-- - - — - - (D.B. 119, R 213)- PROPOSED SUBDIVISION LAYOUT LAWLER Agenda Item 2 Page 8 FRONT ELEVATION PROPOSED BUILDING A,*, s LAWLER Agenda Item 2 Page 9 g LYNNHAVEN-Fj;17.jhPfh Unw1pr � � 1 ID Q, A4 V-117 I Zotlijig with Conditions Proffers. Open Subdivision Variance Space promotion or PDH -2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 10/25/11 02/08/09 Subdivision Variance Change to a Nonconforming Use Granted Granted 2 10/28/09 Change to a Nonconforming Use Granted 3 06/28/98 Subdivision Variance Granted LAWLER ti 'Agenda Item 2 Page 10 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) Webster R. & Mary Elizabeth Lawler 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Subdivision Variance Application P.-9n..I 1I DISCLOSURE STATEMENT LAWLER Agenda Item 2 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. WPL Folck West Architects ' "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. lIJ,,e r e •� Webster R. Lawler Applicant's Signature Print Name y&VAC290VMary Elizabeth Lawler Property er's Signature (rf I rent than applicant) Print Name Subdivision Variance Application Page 11 of 11 Revised 9/1/2004 DISCLOSURE STATEMENT LAVIE.R . . Agenda Item 2 Page 12 Item 2 Webster R. & Mary Elizabeth Lawler Subdivision Variance 6902 Atlantic Avenue District 5 Lynnhaven July 11, 2012 REGULAR An application of Webster R. & Mary Elizabeth Lawler for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance on property located at 6902 Atlantic Avenue, District 5, Lynnhaven. GPIN: 24196479590000. By a vote of 10-0, the Commission approved item 2. Eddie Bourdon appeared before the Commission on behalf of the applicant. Billy Almond, John Waller, Marj Pantone, and David Jester appeared in support of the application. AYE IO NAY 0 ABS 0 ABSENT I BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 10-0, the Commission approved item 2. Eddie Bourdon appeared before the Commission on behalf of the applicant. Billy Almond, John Waller, Marj Pantone, and David Jester appeared in support of the application. .1vi a ►'Iie �- i � 9 MW IMA)ffivimmm fOS�Nu �Cy �) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TENCH H. PHILLIPS, JR., Modification of Conditions, 4949 Virginia Beach Boulevard (GPIN 1477048837). BAYSIDE DISTRICT. MEETING DATE: August 14, 2012 ■ Background: The applicant requests a Modification of Conditions to a Use Permit for motor vehicle sales and service, approved by the City Council in 1995. The original Conditional Use Permit for motor vehicle sales and service was approved in July 1968. The 1995 Use Permit has a site development plan attached to the approval; therefore, this request for a Modification to the Use Permit is being requested to allow site and building improvements proposed by the applicant to proceed. The applicant is proposing an extensive renovation of the site that includes: (1) the demolition of several buildings, consisting of approximately 37,485 square feet of building area, and (2) the construction of a new building and an addition to the existing Mercedes-Benz building, resulting in a total of 41,710 square feet of new floor area. The property is located within the Pembroke Strategic Growth Area (SGA). ■ Considerations: The submitted site plan shows the development of three principal buildings: a proposed 10,416 square foot Land Rover building (will occupy the existing Mercedes-Benz building and the new addition to that building); a proposed 40,700 square foot Mercedes- Benz building; and an 18,100 square foot service and storage building. The Land Rover dealership will be located on the eastern side of the site, and the Mercedes-Benz dealership will be located on the western side of the site. The service and storage building is located at the rear of the site, parallel with Cleveland Street. Parking is dispersed throughout the site. Access to the site will be via three points on Virginia Beach Boulevard and one point each on both Lavender Lane and Opal Avenue. There are several landscape areas proposed within the parking areas. Landscaping with low shrubs is proposed along Virginia Beach Boulevard. Street trees and shrubs are proposed along both Opal Avenue and Lavender Lane. Evergreen shrubs and an eight - foot high decorative security fence are proposed along Cleveland Street. The proposed Mercedes-Benz building will be constructed of aluminum composite panels of silver and cobalt blue, concrete masonry block, and exterior insulation finish system (EIFS). The building has varying facade heights and covered entries that provide some visual interest to the building. The proposed Land Rover building will also have aluminum composite panels and stacked stone around the base of the building. The service building will be upgraded to complement the dealership buildings. Tench H. Phillips, Jr. Page 2of3 The applicant and staff have worked closely together to produce a project that will move toward establishing the quality of development in the western portion of the Pembroke SGA. The applicant has agreed to install landscape plantings along Opal Avenue and Lavender Lane, install foundation screening, install an ornamental security fence, and reduce the height of an existing nonconforming sign on the site. The planting of a landscape screen along Cleveland Street will improve the appearance of the site from the street and for properties across the street. Additionally, the elimination of an entrance on Opal Avenue as well as an entrance on Virginia Beach Boulevard will improve traffic flow into and out of the site. The proposed Mercedes-Benz building and the Land Rover building will be constructed of high quality building materials and will enhance the visual aesthetics in this area of the City. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The redevelopment of the Property shall substantially conform to the "Conceptual Site Layout & Landscape Plan of Phillips Mercedes-Benz, Virginia Beach, Virginia" dated May 1, 2012 prepared by MSA, P.C. Said plan has been exhibited to City Council and is on file in the Planning Department of the City of Virginia Beach. 2. The elevations of the building improvements to be constructed on the Property shall substantially conform with the architectural renderings entitled "Exterior Elevations" and "Phillips Mercedes-Benz, 4949 Virginia Beach Boulevard, Virginia Beach 23462" dated May 1, 2012 and prepared by Clear Architectural Design, LLC, and "Proposed Exterior Elevation LR Phillips Virginia Beach" dated 03.15.12. Said elevations have been exhibited the City Council and is on file in the Planning Department of the City of Virginia Beach. 3. The applicant shall submit a Lighting Plan and/or Photometric Diagram Plan during detailed site plan review. Said plan shall include the location of all pole - mounted and building -mounted lighting fixtures, as well as the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. 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. 4. Vehicles shall be parked within the designated parking areas, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platform, except vehicles may be displayed on the articulation demonstration — test track in the location depicted on the Conceptual Site Layout and Landscape Plan. Vehicles shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. Tench H. Phillips, Jr. Page 3 of 3 5. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 6. No outdoor speakers or public address system shall be permitted. 7. All automotive repair work shall be conducted within the building. No outside storage of parts, or equipment other than in a designated screened area at the southeastern portion of the site. No outside storage of vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. ■ 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 IOW City Manage;iz V . uy-k� BAYSIDE v'."t'"" J zonj1X0 co10i''�O"` °'On"`' °p1P Tench H. Phillips, Jr. '2 E q d� it 7HB3, t �3 BAYSIDE a Less than 65 dB DNL VIRGINIA BEACH BLVD 77 - � g2 l'' 'wrain+e�* 4 liq �2 Ec� t 11 li _ 11 Modification of Conditions 8 July 11, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: TENCH H. PHILLIPS, JR. STAFF PLANNER: Faith Christie REQUEST: Modification of a Conditional Use Permit (motor vehicle sales and service) — approved by the City Council on August 25, 1995 ADDRESS / DESCRIPTION: 4949 Virginia Beach Blvd GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14770488370000 BAYSIDE 6.6 acres Less than 65 dB DNL SUMMARY OF REQUEST The applicant proposes the demolition of several buildings, which consist of approximately 37,485 square feet of building area, the construction of a new building, and an addition to the existing Mercedes-Benz building, for a total of 41,710 square feet. That building will cease use as a Mercedes-Benz dealership, and will be converted to the Land Rover dealership. A new building will be constructed for the Mercedes-Benz dealership. The demolition of buildings will result in an increase in parking and display area from 385 spaces to 496 spaces. Additionally, an existing entrance on Opal Avenue and an existing entrance on Virginia Beach Boulevard will be eliminated as part of the redevelopment of the site. Conditional Use Permits for motor vehicle sales and service on the site were approved in July 1968 and August 1995. The August 1995 Use Permit has a site development plan attached to the approval; therefore, this request for a Modification to the Use Permit is being requested to allow the proposed site and building improvements to proceed. The submitted site plan depicts three buildings, the proposed Land Rover building (existing Mercedes- Benz building) consisting of 10,416 square feet; the proposed Mercedes-Benz building consisting of 40,700 square feet; and the service building consisting of 18,100 square feet. The Land Rover dealership will be located on the eastern side of the site, and the Mercedes-Benz dealership will be located on the western side of the site. The storage building is located at the rear of the site, adjacent to Cleveland Street. Parking is dispersed throughout the site. Access to the site will be via three points on Virginia Beach Boulevard and one point each on both Lavender Lane and Opal Avenue. There are seveTol TENCH KIPHIL-LIPSt, JR Agenda Item 8 Page 1 landscape areas proposed within the parking areas. Landscaping with low shrubs is proposed along Virginia Beach Boulevard. Street trees and shrubs are proposed along both Opal Avenue and Lavender Lane. Evergreen shrubs and an eight -foot high decorative security fence are proposed along Cleveland Street. The proposed Mercedes-Benz building will be constructed of aluminum composite panels of silver and cobalt blue, concrete masonry block, and exterior insulation finish system (EIFS). The building has varying facade heights and covered entries that provide some visual interest to the building. The proposed Land Rover building will also have aluminum composite panels and stacked stone around the base of the building. The service building will be upgraded to complement the dealership buildings. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Motor vehicle sales and service. The dealership has occupied the site since the 1960s. The area is a mix of diverse uses — motor vehicle sales and service, automotive repair, offices, restaurtants, and retail uses. SURROUNDING LAND North: USE AND ZONING: South East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Virginia Beach Boulevard • Cleveland Street • Lavender Lane • Opal Avenue There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Pembroke Strategic Growth Area (SGA) The Pembroke Strategic Growth Area (SGA) is a 1,200 -acre tract of land generally bound by Thalia Creek to the east, Jeanne and Broad Streets to the north, Clearfield and Baxter Roads to the south. For the most part, this SGA currently reflects a classic suburban pattern of development. It includes some residential and institutional uses, but is dominated by commercial and industrial uses. An exception is Town Center. This vibrant, mixed-use urban center has established itself as a special destination within Virginia Beach and the larger metropolitan area. It is a well-designed urban center with a complement of office, retail, residential, educational, entertainment, cultural, restaurant, open spaces, and other uses. This SGA is served by Interstate 264 and two major arterial roadways, Virginia Beach Boulevard and Independence Boulevard. An unused rail line right-of-way passes through this area extending from the Norfolk city line to the vicinity of the Oceanfront Resort Area. The vision for the Pembroke SGA 4 Implementation Plan is a central urban core with a vertical mix of urban uses, great streets, mobility and transit alternatives, urban gathering places, environmental and neighborhood preservation and enhancement, green buildings, and infrastructure opportunities providing a variety of civic, commercial, artistic, and ethnically diverse areas. The Pembroke SGA 4 Implementation Plan describes and provides planning policies for six subareas, as shown on the Urban Master Plan / Districts Map. These include the Central Business District's Core Area, Bonney Area and Waterfront Area. It also encompasses the Central Village District, Western Campus District and Southern Corporate District. This framework concentrates a high density mix of complementary urban uses within a defined central area, creates a skyline for Virginia Beach and provides for decreasing land use riencities from the rore_ This site is located within the Central Villaoe District. TENCH H—PHILLIPS;JR,� Agenda Item 8 Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site has full - access entrances to both Opal Avenue and Lavender Lane; the entrance on Lavender is at its intersection with Potomac Street. There are three right -in / right -out access points to eastbound Virginia Beach Boulevard and an unsignalized full access point at the Rosemarie Avenue intersection. Virginia Beach Boulevard is a fully built -out eight -lane major arterial and there are no Roadway CIP projects programmed for Virginia Beach Boulevard. The applicant proposes expanding an existing automobile dealership. This expansion will cause a slight increase in site traffic according to ITE data, which relates a car dealership's traffic to its gross floor area. Other than that, the only anticipated traffic impacts will be due to the applicant's proposed closure of the Opal Avenue entrance and the one right -in / right -out entrance on Virginia Beach Boulevard. Closing one of the four entrances on Virginia Beach Boulevard will improve traffic flow and safety. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 32,000 ADT 54,240 ADT Existing Land Use —2,129 Boulevard ADT (133 morning PEAK; 170 afternoon PEAK) Proposed Land Use 3- 2,466 ADT (150 morning PEAK; 192 afternoon PEAK Average Daily Trips 2 as defined by 65,726 square feet of motor vehicle sales and service 3 as defined by 73,951 square feet of motor vehicle sales and service WATER and SEWER: This site is connected to City water and sewer. FIRE: • Fire lanes may be required after occupancy of the site. • Storage of vehicles awaiting sale must not obstruct Fire Department access to the site. • Vehicles must not be used as barriers to prevent ingress and egress of the site. Security for ingress and egress must be approved by the Fire Marshall to insure that Fire Department access is not obstructed. Gated sites must provide for Fire Department access using the Knox or Supra key system. Electrically operated gates must have a failsafe operation in the event of a power failure. • Storage of hazardous, flammable or combustible materials on site must be within the scope of the Virginia Statewide Fire Prevention Code and NFPA. • A Certificate of Occupancy is required before occupying the building. Fire code permits may be required at the time of occupancy. The applicant should contact the Fire Department for further information. TENCH H.RHIL RSA; J U, Agenda Item 8 Page 3 EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. The proposed redevelopment of the site will provide substantial improvements to an entire block fronting Virginia Beach Boulevard. As part of the applicant's commitment to the redevelopment a set of Covenants and Conditions were included as part of the application package. The Covenants and Conditions are: The improvements to be constructed by the Grantor on the Property shall be substantially as shown on the "Conceptual Site Layout & Landscape Plan of Phillips Mercedes-Benz, Virginia Beach, Virginia" dated May 1, 2012 prepared by MSA, P.C. (Plans), said exhibit being the same exhibit submitted to the City Council and on file in the Planning Department of the City of Virginia Beach. The elevations of the building improvements to be constructed by Grantor on the Property shall be substantially as shown on the architectural renderings entitled "Exterior Elevations" and "Phillips Mercedes-Benz, 4949 Virginia Beach Boulevard, Virginia Beach 23462" dated May 1, 2012 and prepared by Clear Architectural Design, LLC, said exhibit being the same exhibit submitted to the City Council and on file in the Planning Department of the City of Virginia Beach. The applicant and staff have worked closely together to produce a project that will move toward establishing the quality of development in the western portion of the Pembroke SGA. The applicant has agreed to install landscape plantings along Opal Avenue and Lavender Lane, install foundation screening, install an ornamental security fence, and reduce the height of a nonconforming sign on the site. The planting of a landscape screen along Cleveland Street will improve the appearance of the site from the street and for properties across the street. Additionally, the elimination of an entrance on Opal Avenue as well as an entrance on Virginia Beach Boulevard will improve traffic flow into and out of the site. The proposed Mercedes-Benz building and the Land Rover building will be constructed of high quality building materials and will enhance the visual aesthetics in this area of the City. Staff, therefore, recommends approval of the request subject to the conditions listed below. CONDITIONS 1. The redevelopment of the Property shall substantially conform to the "Conceptual Site Layout & Landscape Plan of Phillips Mercedes-Benz, Virginia Beach, Virginia" dated May 1, 2012 prepared by MSA, P.C. Said plan has been exhibited to City Council and is on file in the Planning Department of the City of Virginia Beach. 2. The elevations of the building improvements to be constructed on the Property shall substantially conform with the architectural renderings entitled "Exterior Elevations" and "Phillips Mercedes-Benz, 4949 Virginia Beach Boulevard, Virginia Beach 23462" dated May 1, 2012 and prepared by Clear Architectural Design, LLC, and "Proposed Exterior Elevation LR Phillips Virginia Beach" dated 03.15.12. Said elevations have been exhibited the City Council and is on file in the Planning Department of the City of Virginia Beach. The applicant shall submit a Lighting Plan and/or Photometric Diagram Plan during detailed site plan review. Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, as well as the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. 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. 4. Vehicles shall be parked within the dellaeated designated parking spaces areas, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platform, except vehicles may be displayed on the articulation demonstration — test track in the _ TENCH H.,,PHILL�IP ' 4-pil.... , Agenda Item 8 Page 4 location depicted on the Conceptual Site Layout and Landscape Plan. Vehicles shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 5. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 6. No outdoor speakers or public address system shall be permitted. 7. All automotive repair work shall be conducted within the building. No outside storage of parts, mor equipment other than in a designated screened area at the southeastern portion of the site. No outside storage of vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. 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. TENCH H.RflILUPS; JR. Agenda Item 8 Page 5 . r. M Virginia -Beach Blvd ti u• ._. ■ /� � - - "ems--- .r+ .. Cleveland Stre= -- - w _610 up 'tri ,• a __-'+ a� �A44. � � � .., - zd � T r �,�, 5■ �gg IWAM i r✓r .arl sw� xxm+n '° I � I U lit W OL - J I MIMI me Ill W = Y iy oy ey I h✓e �x) �w;+r �re� y i R RIR j _ y�- ,f lilt k ts) ZmZ > CL Jp PROPOSED SITE PLAN TENCH H. PHILLIPS, JR. Agenda Item 8 Page 7 DEMOLITION PLAN ,_��:4NiA-BPA h TENCH H. PHILLIPS, JR.,, Agenda Item 8 Page 8 7'A PROPOSED MERCEDES -BENZ BUILDING ELEVATIONS ,$� TENCH H. PHILLIPS, JR. Agenda Item 8 Page 9 T I Mglllllllllllllllltllil ��suuununna PROPOSED MERCEDES -BENZ BUILDING ELEVATIONS ,$� TENCH H. PHILLIPS, JR. Agenda Item 8 Page 9 T I 0 F i O E5 w „oA PROPOSED LAND ROVER BUILDING ELEVATIONS Btu TENCH H. PHILLIPS, JR. <. '? Agenda Item 8 Page 10 .: I'2 z z? PROPOSED LAND ROVER BUILDING RENDERING TENCH H. PHILLIPS, JR., . Agenda Item 8 Page 11 BAYSI DE N to n it F-7 T 0 7T T7 -all - T Map Ivot to Scefe [ill[MI>•ilrllllllI NMIM rip. Q lz h O J ' Zoning with Conditions; Proffers. Open Space Promotion or PDH -2 Overlays ZONING HISTORY -16: Ill Modification of Conditions # DATE REQUEST ACTION 1 8/9/95 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & APPROVED SERVICE) APPROVED 7/8/68 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & SERVICE) 2 10/4/11 CONDITIONAL USE PERMIT MODIFICATION PENDING 3 11/28/06 MODIFICATION APPROVED 11/09/04 CONDITIONAL USE PERMIT (AUTOMOTIVE REPAIR) APPROVED 1/23/89 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & APPROVED SERVICE 4 2/1/02 CONDITIONAL USE PERMIT (AUTOMOTIVE REPAIR & APPROVED CARWASH 5 11/2503 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & APPROVED SERVICE 6 6/28/05 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & APPROVED SERVICE 7 4/3/10 CONDITIONAL USE PERMIT (AUTOMOTIVE REPAIR) APPROVED 8 11/9/04 CONDITIONAL USE PERMIT FUEL SALES APPROVED 9 6/25/02 CONDITIONAL USE PERMIT (TATTOO, BODY PIERCING, & APPROVED TENCH H. PHILLIPS, JR. Agenda Item 8 Page 13 .y '' s TENCH H.,PHILMPS,,JR,.. Agenda Item 8 Page 14 PERMANENT MAKE-UP 10 7/3/12 CONDITIONAL USE PERMIT (MOTOR VEHICLE SALES & SERVICE 11 11/8/82 REZONING B-2 BUSINESS TO 1-1 LIGHT INDUSTRIAL APPROVED 12 10/26/10 CONDITIONAL USE PERMIT RELIGIOUS USE APPROVED 13 3/10/98 CONDITIONAL USE PERMIT AUTOMOTIVE REPAIR APPROVED 14 1/26/99 CONDITIONAL USE PERMIT BINGO APPROVED TENCH H.,PHILMPS,,JR,.. Agenda Item 8 Page 14 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) NIA 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Phillips Automotive, fnc. 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) 1-1 Tench H. Phillips, Jr. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Phillips Automotive 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 emDlo,yee of �the City of Virginia Beach have an interest in the subject land? Yes No I v l If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 1 o of 1 t Revised 7/3/07 DISCLOSURE STATEMENT TENCH 1-1,PHILLiPs", JR. Agenda Item 8 Page 15 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) MSA P C Clear Architectural Design LLC 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. I,,, A(ENL(I i�. i�-r'+-ILLI PS K Applica ' gn a Print Name j-�PHIL.I Property Owner's ture if differ nt than applicant) Print Name Modificagon of Cc Page 11 of 11 Revised 7/3/2007 DISCLOSURE STATEMENT TENCH H. PHILLIPS,`;! JR. Agenda Item 8 Page 16 Item #8 Tench H. Phillips, Jr. Modification of a Conditional Use Permit 4949 Virginia Beach Boulevard District 4 Bayside July 11, 2012 CONSENT An application of Tench H. Phillips, Jr. for a Modification of a Conditional Use Permit for motor vehicle sales and service approved by City Council on August 25, 1995 on property located at 4949 Virginia Beach Boulevard, District 4, Bayside. GPIN: 14770488370000. CONDITIONS 1. The redevelopment of the Property shall substantially conform to the "Conceptual Site Layout & Landscape Plan of Phillips Mercedes-Benz, Virginia Beach, Virginia" dated May 1, 2012 prepared by MSA, P.C. Said plan has been exhibited to City Council and is on file in the Planning Department of the City of Virginia Beach. 2. The elevations of the building improvements to be constructed on the Property shall substantially conform with the architectural renderings entitled "Exterior Elevations" and "Phillips Mercedes-Benz, 4949 Virginia Beach Boulevard, Virginia Beach 23462" dated May 1, 2012 and prepared by Clear Architectural Design, LLC, and "Proposed Exterior Elevation LR Phillips Virginia Beach" dated 03.15.12. Said elevations have been exhibited the City Council and is on file in the Planning Department of the City of Virginia Beach. 3. The applicant shall submit a Lighting Plan and/or Photometric Diagram Plan during detailed site plan review. Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, as well as the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. 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. 4. Vehicles shall be parked within the delineated designated parking spaees areas, and Item #8 Tench H. Phillips, Jr. Page 2 no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platform, except vehicles may be displayed on the articulation demonstration — test track in the location depicted on the Conceptual Site Layout and Landscape Plan. Vehicles shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 5. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 6. No outdoor speakers or public address system shall be permitted. 7. All automotive repair work shall be conducted within the building. No outside storage of parts, equipment,—or equipment other than in a designated screened area at the southeastern portion of the site No outside storage of vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. 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 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE NAY 0 ABS 0 ABSENT 1 Item #8 Tench H. Phillips, Jr. Page 3 HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 10-0, the Commission approved item 8 by consent. Christian Chiles appeared before the Commission on behalf of the applicant. �o II r, rx ro r ro ro 0 iq I Ed 0 LM LM CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MICHAEL J. BARRETT/ SALTMEADOW BAY, LLC, Modification of Proffers, East side of Barberton Drive at Oakland Avenue (GPIN 2417798731). BEACH DISTRICT. MEETING DATE: August 14, 2012 ■ Background: A Conditional Rezoning for the subject site from R-7.5 Residential District to A-36 Apartment District was approved by the City Council on March 27, 2007. The Conditional Rezoning has seven proffers. The applicant is requesting modifications to Proffer 1, Proffer 3, and Proffer 4 of the Conditional Rezoning to allow a change in the product type of the dwelling units. The 2007 approval was for eight multifamily units in four buildings, with parking beneath each building. The new housing product would be two sets of four townhouses; the resulting number of units will remain at eight. ■ Considerations: There is no change in the use approved with the 2007 Conditional Rezoning. The applicant's current request only addresses modifications to the previously approved building elevations and site layout. Though the property is located within the 70-75 dB DNL, this modification request is deemed reasonable since the proposed dwelling unit density remains the same. The proposed townhome units are consistent with the land use goals of the Comprehensive Plan for the SGAs. The submitted building elevations show the front door entrances set back further from the street than the garage doors, thereby emphasizing the garage door over the front entrance. The amount of the front facade consumed by the two -car garage door exacerbates this effect. Staff has made recommendations to the applicant regarding deemphasizing the garage doors. The applicant is agreeable to incorporating design or hardware features into the two -car garage doors to break up the massing of the garage into smaller architectural elements, similar to the single -car garage door. The applicant will also work with staff at site plan review to incorporate small landscaped areas in the front yard of each unit. This will not only improve the quality of the residences but also help address stormwater management. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following proffers: PROFFER 1: The project shall be developed substantially as shown on the Conceptual Site Layout Plan Michael J. Barrett Page 2of2 entitled, "Osprey Point' Barberton Drive, Virginia Beach, Virginia" dated 03/05/2012," prepared by MSA, P.C., which has been exhibited to the City of Virginia Beach City Council and are on file with the Department of Planning (hereinafter "Concept Plan"), which plan provides for 2.2 acres of open space PROFFER 2: The project shall not exceed 8 units. PROFFER 3: The height of the building shall not exceed 35 feet. PROFFER 4: The exterior design, material, and colors of the eight Townhome units shall adhere to the elevations shown on the exhibit entitled: Saltmeadow Bay Presentation Board 3A, dated December 15, 2011, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"), which materials have been coordinated with the approved design, materials, and colors of the adjacent Saltmeadow Bay Apartment project. The materials will be Hardie -plank or similar cement fiber siding and shingles, brick on the face of the first floor garage, architectural shingles on the roof and porch railings of weather resistant vinyl or similar material. PROFFER 5: The building envelope (exterior walls, roof system and exposed floor at garage level) will be designed in accordance with industry standard, sound reduction construction materials and techniques. Installation of these exterior elements will be in accordance with accepted sound reduction construction practices. PROFFER 6: The Developer shall prepare a deed of easement to the City of Virginia Beach for natural open space acceptable in form and content to the Grantee, over the protected open space of this site that will preserve and protect these valuable resources in perpetuity. PROFFER 7: 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 VT City Manager: IC , M BEACH Michael J. Barrett � � � r F2 j A36" i � 0-75 r1B I A24' ; r ext . y... a..N.y, N.—N.—. «vnma modmcadon of Condidons 9 July 11, 2012 Public Hearing APPLICANT/: MICHAEL J. BARRETT PROPERTY OWNER: SALTMEADOW BAY, LLC STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional Change of Zoning approved by the City Council on March 27, 2007. ADDRESS / DESCRIPTION: East side of Barberton Drive at the intersection of Oakland Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24177987310000 BEACH 3.25 acres 70 — 75 dB DNL SUMMARY OF REQUEST A Conditional Rezoning for the subject site from R-7.5 Residential District to A-36 Apartment District was approved by the City Council on March 27, 2007. The Conditional Rezoning has seven proffers. The applicant is requesting modifications to Proffer 1, Proffer 3 and Proffer 4 of the Conditional Rezoning to allow a change in the product type of the dwelling units. The applicant was approved for eight multifamily units in four buildings, with parking beneath each building. The new housing product would be a townhome style design. Proffer 1: Existin - describes the Conceptual Plan Exhibit Boards: The project shall be developed substantially as shown on the Exhibits for Conditional Rezoning dated May 26, 2007 entitled, "Osprey Point, Saltmeadow Bay, Boards 1-3, prepared by BRT Architects, which has been exhibited to the City of Virginia Beach City Council and are on file with the Department of Planning (hereinafter "Concept Plan"), which plan provides for 2.2 acres of open space. Proposed Change — provides a new site layout that will allow eight two-story townhome units. MICHAEL, J, :l3ARi TT t Agenda Item 9 Page 1 Proffer 3 Existing — describes the height of the building: The height of the building shall not exceed 60 feet. Proposed — reduces the height of the new townhome units. Proffer 4 Existing — describes the exterior building elevations: The exterior design, material, and colors of the condominium building shall adhere to the elevations shown on the exhibit dated May 26, 2005 and entitled "Osprey Point Saltmeadow Bay, Virginia Beach, VA" prepared by BTR Architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "elevations"), which materials have been coordinated with the approved design, materials and colors of the adjacent Saltmeadow Bay apartment project. The materials will be Hardie plank or similar cement fiber siding and shingles, brick on the face of the first floor garage, architectural shingles on the roof, and porch railings of weather resistant vinyl or similar material. Proposed — provides new building elevations due to the change to a new building type. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Single-family dwelling, open space / R7.5 Residential District, USE AND ZONING: A-36 Apartment District South: . Marsh, multifamily dwellings / A-18 Apartment District East: . Marsh / R -5S Residential District West: . Barberton Drive • Single-family dwellings, multifamily dwellings / R-7.5 Residential District, A-24 Apartment District NATURAL RESOURCE AND The site is heavily wooded and located within the Chesapeake Bay CULTURAL FEATURES: watershed. A portion of the property is within the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area. COMPREHENSIVE PLAN: The site is designated as being located in the Urban Area - Resort Strategic Growth Area (SGA 8). However, it is not included within the boundaries of the Resort Area Strategic Action Plan (RASAP). In general, most SGAs will integrate a diverse cluster of attractive, more compact but compatible use of land including, office, retail, service and, where appropriate, residential and hotel. Guiding principles for the City's SGAs include: efficient use of land resources; full use of urban services; compatible mixes of uses to live, work, play, learn, shop, exercise and relax; range of transportation options; and, human scale with safe, attractive urban design. The Comprehensive Plan's Reference Handbook contains Special Area Development Guidelines for Urban Areas, which address site and building design as well as street design that are applicable to this site. (p. B-2) i' MICHAEL;J.8Ak`1=tT ,,'r, Agenda Item 9 Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Barberton Drive in the vicinity of this application is considered a two-lane undivided local street. No Capital Improvement Projects are slated for this immediate area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Barberton Drive No traffic 6,200 ADT (Level of Existing Land Use — W. T. Cooke Elementary 687 counts are Service "C") 50 ADT Virginia Beach Middle 767 available for 9,900 ADT' (Level of Proposed Land Use 3— First Colonial High 1947 Barberton Drive Service "D") 50 ADT "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number or Oriole Drive 11,100 ADT' (Level of Service "E" Average Daily Trips 2 as defined by 8 unit apartments Sas defined by 8 unit apartment., WATER: This site must connect to City water. There is an 8 inch City water line in Barberton Drive. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #111 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City gravity sanitary sewer main in Barberton Drive. SCHOOLS: School Current Capacity Generation' Change 2 Enrollment W. T. Cooke Elementary 687 575 1 0 Virginia Beach Middle 767 923 1 0 First Colonial High 1947 1601 1 0 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or negative fewer students). EVALUATION AND RECOMMENDATION There is no change in the use approved with the Conditional Rezoning application in 2007. This applicant's current request only addresses modifications to the previously approved building elevations and site layout. Though the property is located within the 70-75 dB DNL, this modification request is MICHAEIL,J. BARDI TT . ,. Agenda Item 9 Page 3 reasonable since the proposed dwelling unit density remains the same. The proposed townhome units are consistent with the land use goals of the Comprehensive Plan for the SGAs. The submitted building elevations show the front door entrances setback further from the street than the garage doors, thereby emphasizing the garage door over the front entrance. The amount of the front facade consumed by the two -car garage door exacerbates this effect. Staff has made recommendations to the applicant regarding deemphasizing the garage doors. The applicant is agreeable to incorporating design or hardware features into the two -car garage doors to break up the massing of the garage it into smaller architectural elements, similar to the single -car garage door. The applicant will also include landscape treatment in the front yard of each unit. Currently the site plan does not show any landscaping in the front of any unit and the building elevations show only a shrub between each unit. The applicant will work with staff at site plan review to incorporate small landscaped areas in the front yard of each unit. This will not only improve the quality of the residences but also help address stormwater management. Staff recommends approval of this request with the submitted proffers, which are provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The project shall be developed substantially as shown on the E-1 Mbit- fGF GGRditiGRal Rezoning dated May 260.- Conceptual Site Layout Plan entitled, "Osprey Point" Barberton Drive Virginia Beach, Virginia" dated 03/05/2012 , Saltmeadew43ay, Boards prepared by BRT AFGhit8Gts MSA, P.C., which has been exhibited to the City of Virginia Beach City Council and are on file with the Department of Planning (hereinafter "Concept Plan"), which plan provides for 2.2 acres of open space PROFFER 2: No Change. PROFFER 3: The height of the building shall not exceed 35 feet. PROFFER 4: The exterior design, material, and colors of the GORdemffiROUM buildiRg eight Townhome units shall adhere to the elevations shown on the exhibit dated May 26, 2005 and entitled: 96fffey POOR Saltmeadow Bay, Virninia 9eaGh pie„ Presentation Board 3A dated December 15, 2011_ , which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"), which materials have been coordinated with the approved design, materials, and colors of the adjacent Saltmeadow Bay Apartment project. The materials will be Hardie -plank or similar cement fiber siding and shingles, brick on the face of the first floor garage, architectural shingles on the roof and porch railings of weather resistant vinyl or similar material. PROFFER 5: The buildiRg 8Rvelope (exteriGr walls, re9f 6YGtem and exposed floor at garage level) wal be designed 44 MICH : . BART fiT,. Agenda Itdm 9 Page 4 No Change. PROFFER 6: NoChange. PROFFER 7: No Change. STAFF COMMENTS: The modified proffers listed above are acceptable as they ensure the quality of the design and the compatibility of the use. The City Attorney's Office has reviewed the proffer agreement dated May 30, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MICHAE44,48m, fi7 Agenda It, 9 Page 5 -144 low" ! Oakland Ave ~•o 0 SfV Y m �.. Nc min& -u ti �R m Barhertoii Cf "� •� � �" •� o ! • r'=L '.ss'f�•�, � eF �r, �s Vis, ' 24TH STREET PROPOSED SITE PLAN MICHAEL J. BARRETT ; Agenda Item 9 Page 7 ir�L t 2 M ' ...........;� - . �•,. cwt. � T ' +� D- A- vu 0 A-� r. -i. PM j . F- -FK( Eb Al- If, C., L tSX., a-5 D- I %Y," T• R, - PREVIOUS SITE PLAN MICHAEL J. BARRETT Agenda Item 9 Page 8 ij� ilm milli tin TM -ko Is 7.• M IMML tin TM J LJ U0 PREVIOUS BUILDING ELEVATION MICHAEL J. BARRETT :" Agenda Item 9 Page 10 ZONING HISTORY # DATE REQUEST ACTION 1 03/27/2007 CONDITIONAL USE PERMIT (Religious Facility) Approved 2 03/11/2003 REZONING (R-7.5 to A-12 w/ F'D-1-12 overlay) STREET CLOSURE Approved 3 07/09/2003 STREET CLOSURE Approved 4 01/22/2002 REZONING (R-7.5 to A-36) STREET CLOSURE Approved 5 1 06/26/2001 STREET CLOSURE Approved MICHAEL J. BARRETT Agenda Item 9 Page 11 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) Saftmeadow Bay LLC, Michael J. Barrett, Andrew S. Fine, Morris H. Fine 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) The Runnymede Corporation 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 Does an official or emkiloyee of the City of Virginia Beach have an interest in the subject land? YesNo�✓ If yes, what is the name of the official or employee and the nature of their interest? Modifica0on of Condi ions Application Page 10 of 11 Revised 7/3107 DISCLOSURE STATEMENT MICH Agenda It to 9 Page 12 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) MSA, Inc. t "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 deter mining 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. Ac� Michael J. Barrett Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 7!3/2007 DISCLOSURE STATEMENT MICHAEkr4i'14 R TT- � Agenda Item 9 Page 13 Item #9 Michael J. Barrett Modification of Proffers East side of Barberton Drive at Oakland Avenue District 6 Beach July 11, 2012 CONSENT An application of Michael J. Barrett for a Modification of Conditional Change of Zoning approved by City Council on March 27, 2007 on property located on the east side of Barberton Drive at the intersection of Oakland Avenue, District 6, Beach. GPIN: 24177987310000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§ 107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The project shall be developed substantially as shown on the Exhibits for Conditional Rezoning dated May 26, 2007 Conceptual Site Layout Plan entitled, "Osprey Point" Barberton Drive, Virginia Beach, Virginia" dated 03/05/2012—Saltmeadow Bay, Boards 1-3," prepared by BRT Architects MSA, P.C., which has been exhibited to the City of Virginia Beach City Council and are on file with the Department of Planning (hereinafter "Concept Plan"), which plan provides for 2.2 acres of open space PROFFER 2: The project shall not exceed 8 units. -No Change. PROFFER 3: The height of the building shall not exceed 35 feet. Item #9 Michael J. Barrett Page 2 PROFFER 4: The exterior design, material, and colors of the condominium building eight Townhome units shall adhere to the elevations shown on the exhibit dated May 26, 2005 and entitled: Osprey Point Saltmeadow Bay, Virginia Beach, VA" Presentation Board 3A, dated December 15, 2011 prepared by BTR architects, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"), which materials have been coordinated with the approved design, materials, and colors of the adjacent Saltmeadow Bay Apartment project. The materials will be Hardie -plank or similar cement fiber siding and shingles, brick on the face of the first floor garage, architectural shingles on the roof and porch railings of weather resistant vinyl or similar material. PROFFER 5: The building envelope (exterior walls, roof system and exposed floor at garage level) will be designed in accordance with industry standard, sound reduction construction materials and techniques. Installation of these exterior elements will be in accordance with accepted sound reduction construction practices. No Change. PROFFER 6: The Developer shall prepare a deed of easement to the City of Virginia Beach for natural open space acceptable in form and content to the Grantee, over the protected open space of this site that will preserve and protect these valuable resources in perpetuity. No Change. PROFFER 7: 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. No Change. STAFF COMMENTS: The modified proffers listed above are acceptable as they ensure the quality of the design and the compatibility of the use. The City Attorney's Office has reviewed the proffer agreement dated May 30, 2012, and found it to be legally sufficient and in acceptable legal form. Item #9 Michael J. Barrett 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 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON NAY 0 ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 9 by consent. The applicant, Michael Barrett, appeared before the Commission. In Reply Refer To Our File No. DF -8340 TO: Mark Stiles rn FROM: B. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: August 3, 2012 DEPT: City Attorney DEPT: City Attorney RE` Conditional Zoning Application; Michael J. Barrett The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 14, 2012. 1 have reviewed the subject proffer agreement, dated June 20, 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/ka Enclosure cc: Kathleen Hassen This Document Prepared by: Fine, Fine, Legum & McCracken, LLP THIS AGREEMENT made this aQ day of June, 2012 by and between SALTMEADOW BAY, LLC, a Virginia limited liability company, Property Owner/Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of certain parcels of property located in the Beach District of the City of Virginia Beach, more particularly described in Exhibit "A"; and WHEREAS, the Grantor initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-36 Apartment District which was granted by the City Council of the City of Virginia Beach on March 27, 2007, as evidenced by proffer Agreement duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach on March 30, 2007 as Instrument No. 20070330000425490; and WHEREAS, Property Owner has initiated a modification to the Conditional Change of Zoning; 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 the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of GPIN 2417-79-8731 Page 1 the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, by instrument recorded on March 30 2012 as Instrument No. 20070330000425490, and as modified as hereinafter set forth, in writing and in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, their successors, personal representatives, assigns, Grantee, 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 revised and amended declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this revised and amended 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. Page 2 The project shall be developed substantially as shown on the Conceptual Site Layout Plan entitled, "Osprey Point" Barberton, Drive, Virginia Beach, Virginia" dated 03/05/12 prepared by MSA, P.C., which has been exhibited to the City of Virginia Beach City Council and are on file with the Department of Planning (hereinafter "Concept Plan"), which plan provides for 2.2 acres of open space. 2. No Change. The height of the building shall not exceed 35 feet. 4. The exterior design, material, and colors of the eight Townhome units shall adhere to the elevations shown on the exhibit entitled Saltmeadow Bay Presentation Board 3A, dated December 15, 2011, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"), which materials have been coordinated with the approved design, materials, and colors of the adjacent Saltmeadow Bay Apartment project. The materials will be hardie plank or similar cement fiber siding and shingles, brick on the face of the first floor garage, architectural shingles on the roof, and porch railings of weather resistant vinyl or similar material. No Change 6. No Change. 7. No Change. All other proffers not otherwise amended herein shall remain in full force and effect as set forth in the agreement previously recorded as Instrument No. 20070330000425490. The above modified and amended conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the modification of 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 Page 3 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 such 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; (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 Grantor 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 Page 4 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. [Signatures on the following page] Page 5 WITNESS the following signatures and seals: GRANTOR: SALTMEADOW BAY, L.L.C. Andrew S. Fine, Co- anagen By�� Michael J. Barrett, Co -Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: a Notary Public in and for the City and State aforesaid, do hereby certify that Andrew S. Fine, Co -Manager of Saltmeadow Bay, L.L.C., whose name is signed as such to the foregoing instrument dated the day of June, 2012, did personally appear before me in my City and State aforesaid and acknowledge the same before me. K GIVEN under my hand and seal this�7-day of June, 2012. Notary Public; egistration No. -3�C My commission expires: 3rd S t''nAnita G. GrassoSTATE OF VIRGINIACommonweatth rosso niaCITY OF VIRGINIA BEACH, to -wit: j Notary Public Commission No. 323038 /'?,.?� Commissa Expi s 5 015C-- = , a bi1c, rran � d State aforesaid, do hereby certify that Michael J. Barrett, Co -Manager of Saltmeadow Bay, L.L.C., whose name is signed as such to the foregoing instrument dated the day of June, 2012, did personally appear before me in my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal thise 7 _ day of June, 2012. Notary Public; Registration INo. u52 � -G- 3 My commission expires: 5 e�- ,?,r/S Anita G. Grosso Commonwealth of Virginia fiNotary Public Com mission No. 32903R 1,, Commission Ex,,i.s +201 5 Page 6 Exhibit "A" ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Parcel A-2, Area = 141,425 S.F. or 3.247 AC on that certain plat entitled "Resubdivision Plat of a Closed Portion of Oakland Avenue, Lots 1 - 10, Block 5 (GPIN 2417-79-8677) Lot 6, Block 4 (GPIN 2417-79- 7932) Bean Garden M.B. 16, PG 53), Virginia Beach, Virginia", dated November 16, 2007, and made by MSA, P.C., which subdivision plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on February 21, 2008, as Instrument No. 20080221000191950. IT BEING a portion of the same property conveyed to Salt Meadow Bay, LLC by Deed of The Runnymede Corporation dated December 19, 2000 and recorded in Deed Book 4340, at page 604 and corrected and re-recorded in Deed Book 4719 at page 1488. OF' 1J, CD 00 r r 4� X11 it �..._ j r; t :�tLvr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TGM REALTY INVESTORS, INC. / TECHNOCENTER ASSOCIATES, LLC, Conditional Use Permit, college — higher education, 555 S. Independence Blvd (GPIN 1476780091). KEMPSVILLE DISTRICT. MEETING DATE: August 14, 2012 ■ Background: The applicant requests a Conditional Use Permit to operate a private college, known as Stratford University, on this approximately 3.4 acre site, which is zoned 0-1 Office District. In 1998, a Change of Zoning and Conditional Use Permit for a senior housing complex on this site were approved. The 110 -unit, 7.68 -acre project consisted of a mix of assisted living units and independent living retirement cottages. The complex, however, was never constructed, and an office building has since been erected on a portion of that property. The applicant's current request will formally `dissolve' the existing Conditional Use Permit for senior housing on this portion of the property, proposing instead the construction of a 60,000 square foot, 3 -story building to be utilized as a private college. This 3 -story building is designed to accommodate approximately 200 students and as many as 50 employees. ■ Considerations: A proposed ingress/egress easement, shared with the adjacent existing office building, will provide access to and from Independence Boulevard. This ingress/egress consists of an existing single unsignalized right-in/right-out access point; there is an existing right -turn lane that has sufficient length. Up to 242 parking spaces are proposed for the site, including 22 existing spaces on the site, which will remain. A stormwater management facility to serve this parcel was constructed on the northernmost portion of the site in conjunction with the adjacent office building. Stormwater from this site will collect in the existing pond and then be piped to a larger pond, which serves the adjacent building and will then ultimately flow into the storm sewer system in Independence Boulevard. The exterior building materials are complementary to the adjacent office building and consist of primarily brick face with large glass architectural features at the corners facing the right-of-way. The elevation depicts a 3 -story structure with a height of 47 feet at its highest point. The 0-1 Office District limits building height to 35 feet; therefore, as part of this Use Permit, and as permitted by Section 221(i) of the Zoning Ordinance, the applicant requests the approval of a deviation from the 35 -foot maximum height limit to 47 feet. The building is set back TGM Realty Investors, Inc./Technocenter Associates, LLC Page 2of3 approximately 185 feet from the rear property line (10 feet is minimum requirement), which is the property line adjacent to the existing residential neighborhood to the south. In an effort to screen and buffer the existing residential neighborhood to the south, Staff recommends a condition that the mature stand of trees along the southern property line be preserved, and that land disturbance adjacent to these homes be limited to that depicted on the submitted plan. The proposed building's location and the presence of substantial plant material along the southern property line mirror that of the adjacent office building. Fortunately, these trees and understory provide an outstanding screen, for the present and the future, between the commercial and office activities along South Independence Boulevard, and will also serve to mitigate the requested deviation to the maximum building height. In sum, the request is consistent with the recommendations of the Comprehensive Plan in terms of providing adequate screening and buffering to the adjacent neighborhood, proposing a compatible use that will serve residents of Virginia Beach, and by providing an attractive site and building that is compatible in terms of intensity and use. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: When the site is developed, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Plan for Conditional Use Permit, Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The limits of land disturbance on the southern portion of the property shall not extend farther than 15 feet of the edge of parking lot as depicted on the submitted plans entitled, "Conceptual Plan for Conditional Use Permit, Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. When the building is constructed, it shall be in substantial conformance with the submitted elevations entitled, "Stratford University," prepared by Freeman Morgan Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Furthermore, as provided for by Section 221(1) of the City Zoning Ordinance, and based on a finding that there will be no significant detrimental effects on surrounding properties, TGM Realty Investors, Inc./Technocenter Associates, LLC Page 3 of 3 the maximum height of the building shall not exceed 47 feet. 4. Any new freestanding sign shall be monument style, no higher than eight feet, with a base to match the proposed exterior building color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign. 5. Where deficient, Streetscape Landscaping shall be installed as set forth and required in the City of Virginia Beach Landscaping Guide. Said plant material, both existing and proposed, shall be depicted on the final site plan. 6. In accordance with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. No trash dumpster shall be located along the southern portion of the parking lot. Any trash dumpster on the site shall be screened as required by the City of Virginia Beach Landscaping Guide. ■ 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: �. KEMPSVILLE TGM Realty Investors Inc. B2, AAI1* 11* 3.378 acres Less than 65 dB DNL 10 01 X B2�� t C � , 10 ` % D 1 J PDH1 zwpp.pn cwwa.p�aa,,, oP�, Space P.er.aiw or Ppl•2 p.r4yc CUP - Private University 3 July 11, 2012 Public Hearing APPLICANT: TGM REALTY INVESTORS, INC. PROPERTY OWNER: TECHNOCENTER ASSOCIATES, LLC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit (private college/university) ADDRESS / DESCRIPTION: 555 South Independence Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14767800910000 KEMPSVILLE 3.378 acres Less than 65 dB DNL The applicant requests a Conditional Use Permit to operate a SUMMARY OF REQUEST private college, known as Stratford University, on this approximately 3.4 acre site, which is zoned 0-1 Office District. The proposed college will be located in a three-story building designed to accommodate approximately 250 students and employees. A proposed ingress/egress easement, shared with the adjacent existing office building, will provide access to and from Independence Boulevard. Up to 242 parking spaces are proposed for the site, including 22 existing spaces on the site, which will remain. A stormwater management facility to serve this parcel was constructed on the northernmost portion of the site in conjunction with the adjacent office building. Stormwater from this site will collect in the existing pond and then be piped to a larger pond, which serves the adjacent building and will then ultimately flow into the storm sewer system in Independence Boulevard. The majority of the three-story building is depicted on the submitted building elevation at a height of 45 feet, with only a circular, glass -exterior, stairwell feature extending to 47 feet. The 0-1 Office District limits building height to 35 feet; therefore, as part of this Use Permit, and as permitted by Section 221(1) of the Zoning Ordinance, the applicant requests the approval of a deviation from the 35 -foot maximum height limit to 47 feet. The exterior building materials are complementary to the adjacent office building and consist of primarily brick face with large glass architectural features at the corners facing the right-of-way. �r :TGM REALTY Agenda Item 3 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: several parking spaces, stormwater management facility SURROUNDING LAND North: . Office, retail uses / Conditional 1-1 Light Industrial District USE AND ZONING: South: . Single-family dwellings / R-10 Residential District East: . Restaurant/ PD -H1 District West: . Office building / 0-1 Office District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are some CULTURAL FEATURES: significant large trees that provide a good buffer between the commercial properties along Independence Boulevard and the Larkspur residential neighborhood to the south. There are no plans to disturb this buffer. COMPREHENSIVE PLAN: The Comprehensive Plan designates this parcel as being 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 connect suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall 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. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Independence Boulevard is an eight -lane major urban arterial. There are no CIP projects on South Independence Boulevard. According to the MTP Major Street Network Ultimate Rights -of -Way document, this segment of Independence Boulevard is fully built -out. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South 72,600 ADT 56,240 ADT (Level of Existing Land Use —1,784 Independence Service "D") - 64,260 ADT Boulevard ADT' (Level of Service Proposed Land Use 3- "E") 2,432 ADT Average Daily Trips P as defined by the existing 50,000 square foot office building 3 as defined by the addition of a 60,000 square foot junior/community college to the above TGM REALTY Agenda Item 3 Page 2 WATER: This site must connect to City water. There is a 16 -inch water main along South Independence Boulevard. SEWER: City gravity sanitary sewer does not front this parcel. Private grinder pumps and force main may be an option. The site is within the service area of Pump Station #515. Analysis of any connection to the sanitary sewer collection system will be required to ensure future flows can be accommodated. There is an existing 12 - inch City sanitary sewer force main along Independence Boulevard. EVALUATION AND RECOMMENDATION In 1998, a Change of Zoning and Conditional Use Permit for a senior housing complex on this site were approved. The 110 -unit, 7.68 -acre project consisted of a mix of assisted living units and independent living retirement cottages. The complex was never constructed, and an office building has since been erected on a portion of that property. The applicant's current request will formally 'dissolve' the existing Conditional Use Permit for senior housing on this portion of the property, proposing instead the construction of a 60,000 square foot, 3 -story building to be utilized as a private college. This 3 -story building is designed to accommodate approximately 200 students and as many as 50 employees. The site will share its vehicular access from South Independence Boulevard with the adjacent 50,000 square foot office building. This ingress/egress consists of an existing single unsignalized right-in/right-out access point; there is an existing right -turn lane that has sufficient length. Access out of the site is to southbound South Independence Boulevard only. The elevation depicts a 3 -story structure with a height of 47 feet at its highest point. The 0-1 Office District limits building height to 35 feet; therefore, as part of this Use Permit, and as permitted by Section 221(i) of the Zoning Ordinance, the applicant requests the approval of a deviation from the 35 -foot maximum height limit to 47 feet. The building is set back approximately 185 feet from the rear property line (10 feet is minimum requirement), which is the property line adjacent to the existing residential neighborhood to the south. In an effort to screen and buffer the existing residential neighborhood to the south, Staff recommends a condition that the mature stand of trees along the southern property line be preserved, and that land disturbance adjacent to these homes be limited to that depicted on the submitted plan. The proposed building's location, and the presence of substantial plant material along the southern property line mirror that of the adjacent office building. Fortunately, these trees and understory provide an outstanding screen, for the present and the future, between the commercial and office activities along South Independence Boulevard, and will also serve to mitigate the requested deviation to the maximum building height. In sum, the request is consistent with the recommendations of the Comprehensive Plan in terms of providing adequate screening and buffering to the adjacent neighborhood, proposing a compatible use that will serve residents of Virginia Beach, and by providing an attractive site and building that is compatible in terms of intensity and use. Staff recommends approval of this request with the conditions below. :TGM REALTY Agenda Item 3 Page 3 CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Plan for Conditional Use Permit, Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The limits of land disturbance on the southern portion of the property shall not extend farther than 15 feet of the edge of parking lot as depicted on the submitted plans entitled, "Conceptual Plan for Conditional Use Permit, Stratford University, prepared by Engineering Services, Inc.," Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. When the building is constructed, it shall be in substantial conformance with the submitted elevations entitled, "Stratford University," prepared by Freeman Morgan Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Furthermore, as provided for by Section 221(1) of the City Zoning Ordinance, and based on a finding that there will be no significant detrimental effects on surrounding properties, the maximum height of the building shall not exceed 47 feet. 4. Any new freestanding sign shall be monument style, no higher than eight feet, with a base to match the proposed exterior building color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign. 5. Where deficient, Streetscape Landscaping shall be installed as set forth and required in the City of Virginia Beach Landscaping Guide. Said plant material, both existing and proposed, shall be depicted on the final site plan. 6. In accordance with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. No trash dumpster shall be located along the southern portion of the parking lot. Any trash dumpster on the site shall be screened as required by the City of Virginia Beach Landscaping Guide. 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. 3GM REALTY =� Agenda Item 3 Paae 4 �� l��IR► ,I � t ;i SITE AND SURROUNDING AREA .� ��,iN ►AEAC TGM REALTY Agenda Item 3 Paq,e 6 Awowx PROPOSED SITE LAYOUT .� .%S1A•�tFa.. TGM REATY. Agenda Item 3 Page 7. �-v 9,p 'ff �-n� a15, of ..DURI r.p1\ON Tf IT FFM [T � i71Ti >TITI >TI - � _ � _IT �I I I I tit �l 0 I� I I I { I I I I I t Illi; PROPOSED SITE LAYOUT .� .%S1A•�tFa.. TGM REATY. Agenda Item 3 Page 7. �-v 9,p 'ff �-n� a15, of ..DURI r.p1\ON PROPOSED BUILDING FRONT ELEVATION FACING SOUTH INDEPENDENCE BLVD . SI \/ �. .. .�.. .... TGM REALTY Agenda Item 3 » \ Page 8 \2 ■�.�d 2■qui/ : �. � \ E \ / \ 7 |f m � : 2 ■ ■ \ - . �\ & & \ - � --�_ PROPOSED BUILDING FRONT ELEVATION FACING SOUTH INDEPENDENCE BLVD . SI \/ �. .. .�.. .... TGM REALTY Agenda Item 3 » \ Page 8 \2 PROPOSED BUILDING REAR ELEVATION FACING SOUTH (ADJACENT NEIGHBORHOOD) TGM REALTY Agenda Item 3 Page 9 KEMPSVILLE Mm,F-8 TGM Realti Investors Inc. Ma Not to scale B2 Ce N O oftj r SILVERLEA 1W4 I FDH1 •zadng wNh coadMons.P►offors, open CUP - Private University Space Promotion or PDH -2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 06/09/09 09/22/98 Modification of Conditions Rezoning (P-1, B-2 to Conditional 1-1) Granted Granted 2 02/22/05 Conditional Use Permit motor vehicle sales Granted 3 09/09/03 Modification of Conditions PD -H1, car wash Granted 4 12/18/01 Conditional Use Permit (fuel sales) Granted 5 05/25/98 Rezoning (B-2 to 0-1) Conditional Use Permit (senior housing) Granted Granted Agenda Itft 3 - Page -Page 10 a�d rs a� is OF OUR tJPT �� 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) TGM Realty Investors, Inc.: Jeffrey S. Bisger, President; Mark H. Slusher, Vice President; Andrew Wiltshire, Vice President 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) Technocenter Associates, LLC - Members: Tech 80, LLC, Managing Member: David N. Cohen, Manager, Kevin C. Lefcoe, Keith Woodard & Warren Sachs, Members Technology South, LLC, Member: David N. Cohen, Kevin C. Lefcoe & Keith Woodard, Members 43`d Street Associates, LLC, Member: Warren Sachs & Karen Sachs, Members 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Conditional Use Permit Application Page 9 of 10 Revised 9/1/2004 DISCLOSURE STATEMENT AGM RE TY 9 A enda It4An 3 Paae 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. Freeman Morgan Architects Engineering Services, Inc. 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 ays prior to the scheduled public hearing ding to the instructions in is p age. GM I I ors, I mia fL , (, S+, ,,,,t _ B . N u s Si nati r ori,. 10— B i— By: Appli is Sign tura Print Name Tech cen As iates LLC by Tech 80, LLC, Manager By.1 David N. Cohen, Manager Pro" vmer a ant than applicant) Print Name Page 10 of 10 DISCLOSURE STATEMENT 14 -GM REA Agenda It+ Pac JTY #n 3 e12 Item #3 TGM Realty Investors, Inc. Conditional Use Permit 555 S. Independence Boulevard District 2 Kempsville July 11, 2012 CONSENT An application of TGM Realty Investors, Inc. for a Conditional Use Permit for a college — higher education on property located at 555 S. Independence Boulevard, District 2 Kempsville. GPIN: 14767800910000 CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted plan entitled, "Conceptual Plan for Conditional Use Permit, Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The limits of land disturbance on the southern portion of the property shall not extend farther than 15 feet of the edge of parking lot as depicted on the submitted plans entitled, "Conceptual Plan for Conditional Use Permit, Stratford University," prepared by Engineering Services, Inc.," Sheets 1 and 2, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. When the building is constructed, it shall be in substantial conformance with the submitted elevations entitled, "Stratford University," prepared by Freeman Morgan Architects, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. Furthermore, as provided for by Section 221(i) of the City Zoning Ordinance, and based on a finding that there will be no significant detrimental effects on surrounding properties, the maximum height of the building shall not exceed 47 feet. 4. Any new freestanding sign shall be monument style, no higher than eight feet, with a base to match the proposed exterior building color and materials. A landscaped area, a minimum of 75 square feet, must be installed around the base of any new freestanding sign. Item #3 TGM Realty Investors, Inc. Page 2 5. Where deficient, Streetscape Landscaping shall be installed as set forth and required in the City of Virginia Beach Landscaping Guide. Said plant material, both existing and proposed, shall be depicted on the final site plan. 6. In accordance with Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 7. No trash dumpster shall be located along the southern portion of the parking lot. Any trash dumpster on the site shall be screened as required by the City of Virginia Beach Landscaping Guide. 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. ro y L v rn 0 ■■j U'"'.', CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RESERVE INVESTMENTS II, INC. / BILL SMITH, ET. AL. TRUSTEES FOR ARAGONA CHURCH OF CHRIST, Chancre of Zoning, A-12 Apartment (PD -H2 Planned Unit Development Overlay) to P-1 Preservation, 527 Witchduck Road (GPIN 1467981860). BAYSIDE DISTRICT. MEETING DATE: August 14, 2012 ■ Background: The applicant requests a Change of Zoning for the open space portions of the site, currently zoned A-12 Apartment (PD -H2 Planned Development District), to P-1 Preservation District. The request is being submitted as required by Section 1127 of the City Zoning Ordinance, which pertains to open space in PD -1-12 Districts. ■ Considerations: The site was rezoned from R-7.5 Residential to its current zoning in March 2012. The regulations of the PD -H2 Planned Development District require that a minimum of 15 percent of the area of a site be open space, which should be a combination of open spaces, public sites, and recreational areas. The Zoning Ordinance further requires that the open space be zoned P-1 Preservation. In this particular case, the applicant set aside 24 percent of the total site area to be devoted to open space. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/A ency: Planning Department h- ► f I't City Manager: BAYSI DE nta,ua l' 1[I�C�lII1CIlt11l, luC. I I. SI Mr All Res ap as f'Y to P-1 7 Y �r Like R7.5 k y --- a X75, M ,z«m9.xn c.mk vdnr.. oPM Zoning Change from PDN2 to P1 SPa�� Prowwioa ar PM: Onr4Ys 5 July 11, 2012 Public Hearing APPLICANT: RESERVE INVESTMENTS 11, INC PROPERTY OWNER: BILL SMITH, ET AL. TRUSTEES FOR ARAGONA CHURCH OF CHRIST STAFF PLANNER: Faith Christie REQUEST: Conditional Chance of Zoning, PD -H2 Planned Development (A-12 Apartment) to P-1 Preservation ADDRESS / DESCRIPTION: 527 North Witchduck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14679818600000 BAYSIDE 1.68 acres (portion to Less than 65 dB DNL be rezoned: 17,302 square feet) SUMMARY OF REQUEST The applicant requests a Change of Zoning for the open space portions of the PD -H2 Planned Development (A-12 Apartment) District to P-1 Preservation District, as required by Section 1127 of the City Zoning Ordinance. The site was rezoned from R-7.5 Residential to its current zoning in March 2012. The PD -1-12 Planned Development District requires that a minimum of 15 percent of the area of a site be open space, which should be a combination of open spaces, public sites, and recreational areas. The Zoning Ordinance further requires that the open space be zoned P-1 Preservation. In this particular case, the applicant set aside 24 percent of the total site area to be devoted to open space. RESERVE fv INVEST -ME. ITS Agenda Item 5 Pape 1 EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: LAND USE AND PLAN INFORMATION • Multiple -family dwellings / Conditional A-12 Apartment • Witchduck Court • Aragona Church of Christ / R-7.5 Residential • Multiple -family dwellings / Conditional A-12 Apartment The western portion of the site is a grass field with a row of Crape Myrtle trees situated along Witchduck Court. There are no other known natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: Suburban Area This area of the City is designated as a Suburban Area and contains policies to guide and protect the future physical character of the area. The overriding objective of these policies is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of our community. The following are characteristics of the Suburban Area: predominantly low-density residential subdivision; large tracts of land devoted to single-family dwelling units and others consisting of attached or multi -family units; low -intensity retail shopping centers, office complexes, employment centers and industrial parks scattered throughout land uses that depend heavily on the use of the automobile; transportation systems design for the automobile; and, various sized tracts of parkland or open space sometimes with a trail system. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. EVALUATION AND RECOMMENDATION Staff recommends approval of the request to change the zoning of the open space portions of the subject site to P-1 Preservation District as required by the Section 1127 of the City Zoning Ordinance for the PD - H2 Planned Development District. f. RESERVE I�fSTM #S Agenda 15 Page 2 r Viz. Ow G N 1111 1y pp fv1ar:rca5 Asch � T.- 4; � h =a Qe e � ro- c PROPOSED SITE PLAN RESERVEINVESTMENTS .;Agenda Item 5 Page 4 ; t 0 APPROVED LAND USE PLAN RESERVEINVESTMENTS Agenda Item 5 Page 5 Y U i t' BAYSIDE r T___ _IL A.- TT lr-- 0-0 I<CSVI VC 111VU3U] G11t3 11q ill\.• i to Scale Im f Lake _ R wnnry w -'10 1 Space Promotion or PDH -2 Overlays 7.5 La ZONING HISTORY K coning t.nange Irvin rwnz w r # DATE REQUEST ACTION 1 11/12/1963 03/27/2012 CONDITIONAL USE PERMIT (church) REZONING (R-7.5 to PD -H2 with A-12 underlay) Granted 2 12/14/1910 CONDITIONAL USE PERMIT (religious use) Granted 3 09/25/2007 CONDITIONAL USE PERMIT (auto repair garage) Granted 4 02/09/2010 CONDITIONAL USE PERMIT (church) Withdrawn 5 05/24/2011 REZONING (R-7.5 to PD -1-112 with A-12 underlay) Granted 6 11/25/1997 REZONING (R-7.5 to Conditional A-12) Granted 7 08/28/2001 REZONING (R-7.5 to PD -H2 with A-12 Underlay) Granted 8 05/26/1998 CONDITIONAL USE PERMIT (auto repair garage) Granted RESERVEINVESTMENTS Agenda Item 5 Page 6 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) Reserve Investments Il, Inc.: William J Davenport III, Taylor B Grissom, M Benjamin Davenport, Leah D Copeland 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) Trustees of Aragona Church of Christ: Bill Smith, Matt McLean, Duane Caudill 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or emQloyee of�City of Virginia Beach have an interest in the subject land? Yes a No -LV —L yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT RESERVE I14VESTM1�1"I''$ Agenda Item 5 Page 7 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) MSA, PC ' 'Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Y "Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when (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. William J Davenport III Ir�S� dei{ Print Name i Property Owner's Signature (if different than applicant) Print Rezoning Applicedon V (�Pa e10of10 �q 11H1106 DISCLOSURE STATEMENT RESERVE 114JAESTMof-S : Ys,� Agenda Item 5 Page 8 Item #5 Reserve Investments II, Inc. Change of Zoning 527 N. Witchduck Road District 4 Bayside July 11, 2012 CONSENT An application of Reserve Investments II, Inc. for a Change of Zoning from PD -1-12 Planned Development (A-12 Apartment) to P-1 Preservation District on property located at 527 N. Witchduck Road, District 4, Bayside. GPIN: 14679818600000. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON NAY 0 ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 5 by consent. Michael Perry appeared before the Commission on behalf of the applicant. Ella Bunbar appeared in opposition and then withdrew her opposition. -j 0000 2 l+= S 0 ,i0V 0!8 1125:1175- > v � 00" v0 N D 0�_ Q Q o S 2 S 2 o �! 0 0 0 v v 0 v v v v v o IWAUXIM"'Ll, M-: MINIMUM C) 0 � ;�c;vvc�vv ��Q�oo0 f � � V � v o 0 v 0 N v v 0 v a v n v v v v 0 v v o rJ Q p O Q Q 2 2 2 2 2 2 2 2 S S 2 S S S Q Q O o Q O O Q O Q Q Q Q Q 2 2 2 2 2= 2 2 2 2 2= 2 2 Q Q Q Q Q Q Q O Q O Q Q Q Q Q Q 2 2 S S S S S S S 2 S 2 2 S 2 C7 rY r) r , f7 n [ i Q O Q O Q Q O Q Q Q O Q S S S S S S S S C7 0 0 C7 rj t0j 0 0 0 0 0 0 l; S n Q S :6 v o 0000 v 000 0 0 0 0 0 v 0 v 0'� 0 X 0 0 0 " v 0 o 7 (i O 0 Q 1125:1175- > v � 00" v0 N D 0�_ Q Q o S 2 S 2 o �! 0 0 0 v v 0 v v v v v o IWAUXIM"'Ll, M-: MINIMUM C) 0 � ;�c;vvc�vv ��Q�oo0 f � � V � v o 0 v 0 N v v 0 v a v n v v v v 0 v v o rJ Q p O Q Q 2 2 2 2 2 2 2 2 S S 2 S S S Q Q O o Q O O Q O Q Q Q Q Q 2 2 2 2 2= 2 2 2 2 2= 2 2 Q Q Q Q Q Q Q O Q O Q Q Q Q Q Q 2 2 S S S S S S S 2 S 2 2 S 2 C7 rY r) r , f7 n [ i Q O Q O Q Q O Q Q Q O Q S S S S S S S S C7 0 0 C7 rj t0j 0 0 0 0 0 0 l; S n Q S :6 v o 0000 (� .re•w fSf CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: COURTHOUSE GREEN, LLC, Change of Zoning, R5D (PD -H2) to P-1 Preservation, 2504 North Landing Road (GPIN portions of 1494716347 and 1494711651). PRINCESS ANNE DISTRICT. MEETING DATE: August 14, 2012 ■ Background: On July 12, 2011, City Council approved the Conditional Change of Zoning of this 9.94 acre site from B -1A Community Business District and AG -2 Agricultural District to Conditional PD -H2 Planned Unit Development with underlying R -5D Residential District. The proffered plan allows a 38 -unit single-family development. In accordance with the requirements of the Zoning Ordinance for a PD -H2, the open space areas must be zoned P-1 Preservation District, and the applicant proffered those areas would be rezoned to P-1 Preservation District prior to site plan approval. ■ Considerations: The Condominium Unit Owners Association will be responsible for maintaining all open space areas, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership by all residential unit owners is mandatory. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Age k ncy City Manager: I 7�Q Planning Department Y#f ovilt PRINCESS ANNE cam': � �� '��',� 02 y�v. C ��.y� k �A AG1 rf'� `AG2 lAW AGI AG I Zoning Change from PDH2-R50 TO P-1 yxrPrmro�en mPDH-Y OnrYYs KO - Muabl rM[WIUM Oh�rb OwYr 16 July 11, 2012 Public Hearing APPLICANT/ PROPERTY OWNER: COURTHOUSE GREEN, LLC STAFF PLANNER: Karen Prochilo REQUEST: Change of Zoning (Conditional PDH2-with R5D to P-1 Preservation) ADDRESS / DESCRIPTION: 2504 North Landing Road GPINS: ELECTION DISTRICT: TOTAL SITE SIZE: AICUZ: 14947163470000 PRINCESS ANNE 9.94 acres Less than 65 dB DNL 14947116510000 AREA TO BE REZONED TO P-1: 3.59 acres SUMMARY OF REQUEST On July 12, 2011 City Council approved the conditional rezoning of this 9.94 acre site from 131A Community Business District and AG -2 Agricultural District to Conditional PD -1-12 Planned Unit Development with underlying R -5D Residential District. The request was for a 38 unit single-family development. In accordance with the requirements of the Zoning Ordinance for a PD -1-12, the open space areas of the PD -1-12 must be zoned P-1 Preservation District. The applicant also proffered that the common area depicted on their Development Plan will be rezoned to P-1 Preservation District prior to site plan approval. The Condominium Unit Owners Association will be responsible for maintaining all open space areas, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership by all residential unit owners is mandatory. This request is to bring the site into conformity with City Zoning Ordinance and the approved proffer agreement. C0URTH0USR� Agenda Item 16 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: vacant undeveloped site SURROUNDING LAND North: . U.S. Post Office / B -1A Limited Community Business District & USE AND ZONING: AG -2 Agricultural District • Office Complex / 0-2 Office District • Retail & restaurant / B -1A Limited Community Business District South: . Single Family Dwellings / Ag -2 Agricultural District • City Offices / 0-2 Office District East: • North Landing Road Offices / 0-1 Office District • Single Family Dwellings / Ag -2 Agricultural District West: . Single-family homes / R-10 Residential District NATURAL RESOURCE AND The proposed development is located within the Southern Watershed CULTURAL FEATURES: Management Area and is subject to provisions of the Southern Watershed Management Ordinance. The parcel fronting North Landing road is primarily overgrown residential landscape. There are several significant trees located on the property that have been identified to preserve. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this proposal as being within the Historic Princess Anne Center, a subarea of Princess Anne Commons, adjacent to the Transition Area. Princess Anne Commons lies within the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress, a designation that reduced by -right residential density for property within restricted Air Installation Compatible Use Zone (AICUZ); yet overall still offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. It is not the intent of this Plan for the Princess Anne Commons or the Transition Area to become part of the urban area north of the Green Line. The general goals are for creation of quality development, provide for a planned mix of public and private uses, provide exceptional open spaces, and to design with nature. (p. 4-1, 4-3). CITY SERVICES City Services are not affected by this request. EVALUATION AND RECOMMENDATION This request for a change of zoning from a Conditional PD -1-12 Planned Unit Development with underlying R -5D Residential District to P-1 Preservation District is necessary to fully execute the requirements of the conditional rezoning granted by City Council. The open space areas depicted on the submitted�'pian are 4 vt. COURTHOUSE` REtEN,-_L :. Agenda Item 16 Page 2 acceptable. It insures that the approved rezoning is consistent with the City Zoning Ordinance and the approved proffer agreement of the conditional rezoning. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. COURTHOUSE,-ORIE-EN,�.M Agenda Item 16 Page 3 PROPOSED OPEN SPACE EXHIBIT COURTHOUSE GREEN, LLC Agenda Item 16 Page 5 PRINCESS ANNE N1ap 1-1Z MaD Not to Scale D REQUEST ACTION HCD HCD CD HCD HC HCD ',fix qy.m� D�/HCG HCD 1H�y hC CD HC HCD H CD HCD HCD HqD CD P HQ HCD HCD HC' ,t CD CD HC HCD D9 HCD HCD H D HCD D HrCD NCD HCD U HCU C FCD FICD FCD HCD HCD _D HCD HCG D HCD Hq�/�j�'.� D HCD HCD HC6 HCD HC CH96 HCD HCD HCD FCD HCC CD CONDITIONAL USE PERMIT (preschool Granted /daycare) D MCD HCD HCD HCD HCD H" U ■ HCD HCD HCD HCDHCD .(1 HCD HCD HCD FCD HCD �\ D HCD HCD HCD HC y, HCD NCD HCD H CD HCD FCD ■ HCD HCD HCD �; AG1 HCD r4 T T Courinousc GFccu., : J ... G H::-[ REQUEST ACTION 1 iif� t- i HCD HCL` HC D H,C' � 0/'j 2 2 D 2 04/08/2008 1./ j2"HCD HCD HCC `�' _ HCI) HC HSC 11CD *;p HCl HCD SCD - ■ A 07/03/2001 CONDITIONAL USE PERMIT (preschool Granted /daycare) HCjd Ham_ E HCD HCD;^ U ■ - \` .(1 ;1CCYJHCO Hr ■ 7 v HCD `p //.��. �j ■ CD_ -- HCD HCA GL CONDITIONAL USE PERMIT (satellite antenna) Granted F4�D ■ 8 05/24/1994 CONDITIONAL USE PERMIT (satellite antenna Granted 9 02/08/1994 CONDITIONAL REZONING (AG -2 to B -1A) Granted ■ C IHC5CL-- FC ..A HCD ;A .D HC _ HCD H d1 HCD'-L' CD FSU . HCD HCD HCD HC HCD CD � HC G �1 FiGD HCD HCD HCD HCD 1. - l D HCD 5I HC HCD CD HCD HCD HCD HC:D '� `�'/'^��,H HCD CD ^� D HCD HCD W :�) W F ,R _*. - H HCD CD NCD D D ..�� h'D . C HCD D HCD HCD HCD HCD H t D HCD H HCD IiC1- CD HCD CD ICD HCD HC CD HC H HCD 'D HCD HrD b2HD HCD D " H) CD HCD HCD HCD H HC FCD HCD Xi Hr_G HCD HCD HCD HCD AG2 HCD D HCD HCD HCA MCD Q� CD CDH .D141 CD D HCD HC �/1 j( "D H CD HCD HCD i� C KLI- H D Cp _ 3JD HCD A G/ r f -D HCD f? AG1 a -Zoning with ConditionsiProffers, Open Space Promotion or PDN -2 Overlays HCD = Historical and Cultural District Overlay Zoning Change from 1-UHZ-Kau I v r ZONING HISTORY # DATE REQUEST ACTION 1 02/28/2012 STREET CLOSURE Approved 07/12/2011 CONDITIONAL REZONING (B -1A & AG -2 to Granted PD -H2 with R -5D 2 04/08/2008 CONDITIONAL REZONING AG-1/AG-2 to 0-2 Granted 3 10/10/2006 CONDITIONAL REZONING AG-1/AG-2 to 0-1 Granted 4 03/09/2004 MODIFICATION OF PROFFERS Granted 5 07/03/2001 CONDITIONAL USE PERMIT (preschool Granted /daycare) 09/09/1997 CONDITIONAL USE PERMIT church /daycare) Granted 6 05/25/1999 CONDITIONAL REZONING (AG -2 to B -1A) CONDITIONAL USE PERMIT (mini -storage) Granted 7 05/09/1995 CONDITIONAL USE PERMIT (satellite antenna) Granted 11/10/1986 CONDITIONAL USE PERMIT (satellite antenna) Granted 8 05/24/1994 CONDITIONAL USE PERMIT (satellite antenna Granted 9 02/08/1994 CONDITIONAL REZONING (AG -2 to B -1A) Granted Page 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated I 0 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) COURTHOUSE GREEN LLC: Alex Pete Kotaddes (Manager), 0. Pete Kotarides (Manager), BasilO. Kotarldes (Special Manager), Pete A. Kotarides (Member), Pete O. Kotarides (Member) and Petro A. Kotarides (Member). 2. List all businesses that have a parent-subsidiary or affiliated business entity2 i relationship with the applicant: (Attach list if necessary) NONE. Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2, List all businesses that have aparent-subsidiary) or affiliated business entity2 relationship with the applicant: (Attach list if necessary) FICheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes f Ci of Virginia reach have an interest in the Does an official or el�loyee o� City g subject land? Yes No ✓ If yes, what is the name of the official or employee and the nature of their interest? n/a. Rezoning Application Page 9 of 10 Revised 11/11/2006 DISCLOSURE STATEMENT COURTHOUS1�,REEN, 71,LC Agenda Item 16 Page 7 c7 z z 0 N 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) Pinnacle Group Engineering, Inc., Harry R. Purkey, Jr., Esquire, TowneBank, Bay Environmental, Davis Environmental, Horton and Dood, Aquarius Engineering, McPhillips Roberts and Dean and Corinth Residential LLC. ' "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. COURT)iiOSE GELC BY k(JJJ/C/Yn)C�/ 1j '[go Alex Pete Kotarides, Manager Applicant's Signature Print Name SAME AS ABOVE Property Owners Signature (if different than applicant) Print Name Rezoning Application Page 10 of 10 Revised 11/11/g6 DISCLOSURE STATEMENT COURTHOUSE, 4 RE°EN, SLC Agenda Item 16 Page Item #16 Courthouse Green, L.L.C. Change of Zoning 2504 North Landing Road District 7 Princess Anne July 11, 2012 CONSENT An application of Courthouse Green, L.L.C. for a Change of Zoning from PDH -2 with R-51) to P-1 Preservation on property located at 2504 North Landing Road, District 7, Princess Anne. GPIN: 14947163470000; 14947116510000. This request for a change of zoning from a Conditional PD -142 Planned Unit Development with underlying R-51) Residential District to P-1 Preservation District is necessary to fully execute the requirements of the conditional rezoning granted by City Council. The open space areas depicted on the submitted plan are acceptable. It insures that the approved rezoning is consistent with the City Zoning Ordinance and the approved proffer agreement of the conditional rezoning. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE Item #16 Courthouse Green, L.L.C. Page 2 HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABSENT By a vote of 10-0, the Commission approved item 16 by consent. L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE - COG M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT i PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers 2012 CITYHOLIDAYS Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Thanksgiving Monday, December 24 day) Tuesday, December 25 Labor Day Veteran's Day Thanksgiving Day Day After Christmas Eve (half - 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 OF VIRGINIA BEACH BRIEFINGS SUMMARY OF COUNCIL ACTIONS I. CITY MANAGER'S BRIEFINGS DATE: 07/10/2012 PAGE: 1 A S Paul Ostergaard, D Principal – Urban E D H E W AGENDA ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V E Z Y L N O O R S O 1 P E E E E S M I O O CERTIFIED S H L R Y S S S N N D BRIEFINGS I. CITY MANAGER'S BRIEFINGS A HILLTOP SGA FINAL PLAN Paul Ostergaard, Principal – Urban Design Associates B PLANNING ITEMS PENDING Jack Whitney, Director – Planning II/IIVIV/V CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y A Y Y Y Y Y Y Y -E SESSION B S T A I N E D F MINUTES – June 26, 2012 APPROVED 8-0 A Y Y Y Y Y A Y Y A Y B B B S S S T T T A A A I I I N N N E E E D D D GIH -I MAYOR'S PRESENTATION PROCLAMATION Parks and Recreation Month I-1 PUBLIC HEARINGS SALE OF EXCESS CITY -OWNED No Speakers PROPERTY a. 1888 Virginia Beach Boulevard b. 4829 Lake Bradford Lane 2 ALTERNATIVE COMPLIANCE No Speakers PROVISIONS OF CZO Applications re Development— evelopmentPro osed Fees Proposed J -La Ordinance to AMEND/REORDAIN the City Code: ADD Section 5-548 re unlawful feeding ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of waterfowl in Salem Lakes CONSENT CITY OF VIRGINIA BEACH Ordinances to DECLARE: SUMMARY OF COUNCIL ACTIONS a. property at 1888 Virginia Beach ADOPTED, BY CONSENT 10-1 Y Y Y Y Y DATE: 07/10/2012 PAGE: 2 N Y Y Y Y Blvd/adjoining lot EXCESS of City's D S needs/AUTHORIZE City Manager to AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I 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 D 2. Ordinances to DECLARE: a. property at 1888 Virginia Beach ADOPTED, BY CONSENT 10-1 Y Y Y Y Y Y N Y Y Y Y Blvd/adjoining lot EXCESS of City's needs/AUTHORIZE City Manager to sell to Archangel Enterprises, Inc. b. Portion of strip around Lake Bradford, ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y adjacent to 4829 Lake Bradford Lane, CONSENT to be in EXCESS of the City's needs/ execute Agreement of Sale/convey same to Timothy M. and Tracy R. Miller c. Two (2) structures at 1016 Tamer ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Avenue are blighted and a nuisance: CONSENT ADOPT plan to demolish/TRANSFER $16,500 to FY 2012-13 Operating Budget of Housing Neighborhood Preservation 3 Ordinance to EXECUTE Cost ADOPTED, BY 8-2 Y N Y Y Y A N Y Y Y Y Participation with Southgate Commons, CONSENT B LLC re construction of Sportsplex Drive S T A I N E D 4. Ordinances to ACCEPT/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE/TRANSFER CONSENT a. $41,000 Grant from Va Emergency Management to Police re training b. $43,828 from U.S. Criminal Justice Services through Juvenile Accountability Block Grant re Systems Change Initiatives local match of $4,869 c. $200,000 to the Court Services Unit (Juvenile Probation) in the FY 2012 Budget d. $449,000 re "Study of Transportation Alternatives to Back Bay National Wildlife Refuge CITY OF VIRGINIA BEACH Substitute Resolution in SUPPORT of ADOPTED 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Hampton Roads Partnership's Service DATE: 07/10/2012 PAGE: 3 Sharing pilot project between the Cities D S of Chesapeake/Norfolk/Virginia Beach AGENDA E D H E W ITEM # SUBJECT MOTION VOTE D S I E J S U I 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 1 O O S H L R Y S S S N N D 5 Substitute Resolution in SUPPORT of ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Hampton Roads Partnership's Service Sharing pilot project between the Cities of Chesapeake/Norfolk/Virginia Beach K-1 THALIA AUTO SERVICES, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC/GEORGE P. CONDITIONED, BY CONSENT CHRISTODAULIES CUP Modification to ADD auto repair at 4300 Virginia Beach Boulevard (Approved January 25, 1994) (deferred June 26, 2012) DISTRICT 5 — LYNNHAVEN 2 Ordinance to AMEND Sect 211(b)(2) of WITHDRAWN, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CZO re Temporary Signs (deferred July CONSENT 3, 2012 3 Ordinances to AMEND/REORDAIN: ADOPTED 9-2 Y N Y Y Y Y N Y Y Y Y a. CZO/Official Zoning Map/ Comprehensive Zoning Ordinance/ Site Plan Ordinance/Comprehensive Plan/ City Code re the Oceanfront Resort District/Oceanfront Resort District Form -Based Code: (1) conform certain provisions of CZO to those of Oceanfront Resort District Form Based Code (2) Section 5 of Site Plan re transitional Buffers/multifamily usable open pace/ Condo development open space in the Oceanfront Resort District (3) Section 111 (deleting definitions of certain sign types/Section 210 (determining number of signs and sign area/Section 211 (signs permitted in all di stricts/Section 212 (prohibited signs/ADD new Section 210.2 (adding new definitions of certain sign types) (4) REPEAL Oceanfront Resort Area Design Guidelines and ADOPT the Oceanfront Resort District Design Guidelines (5) ESTABLISH transition rules for review of Site Plans of development in the Oceanfront Resort District CITY OF VIRGINIA BEACH (6) AMEND the CZO/AUTHORIZE SUMMARY OF COUNCIL ACTIONS Oceanfront resort District Form - DATE: 07/10/2012 PAGE: 4 Based Code as Appendix 1 D S (7) AMEND the official Zoning Map by AGENDA E D H E ITEM # SUBJECT MOTION VOTE D S I E J S U I A T E D N O M S H L W V I: Z Y L N O O R S O I 13 E E E E S M I O O S H L R Y S S S N N D (6) AMEND the CZO/AUTHORIZE Oceanfront resort District Form - Based Code as Appendix 1 (7) AMEND the official Zoning Map by changing District classification of property bounded as described in Exhibit 1 (Oceanfront Resort District/ADOPT and INCORPORATE the frontage, height and setback maps applicable thereto (8) Open Air Cafe Guidelines in Resort District (9) Sections 33-114.1/33-114.3 re encroachments in the Oceanfront Resort District (10) Sections 23-58 (commercial parking lots)/23-59 (off-site parking facilities/23-60 vending machines in Resort Tourist Districts (11) Section 26-3 (peddling or selling on or in Public Parks/on Public Property in the RT-1/RT-3/RT4 Resort Tourist Districts/in the Oceanfront Resort District 4 Resolution to DIRECT the City Manager ADOPTED 10-1 Y Y Y Y Y Y N Y Y Y Y to develop a comprehensive parking strategy for the Oceanfront Resort Area L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ARTS and HUMANITIES COMMISION BEACHES and WATERWAYS COMMISSION BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD HUMAN RIGHTS COMMISSION Parks and Recreation Reappointed: 3 year term — 09/01/2012 — 08/31/2015 Robert Barnaby — At Large, Tommy J. Johnson — Centerville District Transportation District Commission of Appointed: No term Hampton Roads Mark Schnaufer M/N/O ADJOURNMENT 7:40 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 07/10/2012 PAGE: 5 S D E D H E W AGENDA ITEM # SUBJECT MOTION VOTE D S I E J S U I W A T E D N O M S H L V E Z Y L N O O R S O I P E E E E S M I O O L-- S I H I L R Y S S S N N D CITY COUNCIL RETREAT Friday, August 3, 2012 Economic Development Conference Room CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITY HOLIDAYS Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day