OCTOBER 23, 2012 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside -District 4
GLENN R. DAVIS, Rose Hall - District 3
WILLIAM R. DeSTEPH, At -Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERTM. DYER, Centerville - District I
BARBARA M. HENLEY, Princess Anne — District 7
JOHN D.MOSS, At -Large
JOHN E. UHRIN, Beach — District 6
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER — JAMES K. SPORE
CITY ATTORNEY — MARK D. STILES
CITY ASSESSOR — JERALD D. BANAGAN
CITY AUDITOR — LYNDON S. REMIAS
CITY CLERK — RUTH HODGES FRASER, MMC
CITY COUNCIL'S BRIEFINGS
CITY COUNCIL AGENDA
23 OCTOBER 2012
- Conference Room -
A. OLD DOMINION UNIVERSITY CENTER FOR INNOVATIVE
TRANSPORTATION SOLUTIONS
Dr. Asad Khattack, Director
Dr. Mike Robinson, Associate Director
Dr. Mecit Cetin, Associate Director
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
B. CHMURA ECONOMICS and ANALYTICS REPORT -
STATEWIDE ECONOMIC IMPACT OF POTENTIAL NBA FRANCHISE
Xiaobing Shuai, Senior Economist, Chmura Economics and Analytics
C. MINORITY BUSINESS COUNCIL ANNUAL REPORT
Patricia A. Phillips, Director of Finance
Wanda Cooper, Chair, MBC
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:30 PM
5:30 PM
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Rabbi David Barnett
Temple Emmanuel Synagogue
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
October 9, 2012
1. VETERANS DAY NATIONAL COMMITTEE
VIRGINIA BEACH - REGIONAL SITE FOR VETERANS DAY 2012
Priscilla Beede, Parade Consultant
I. PUBLIC COMMENT
1. 2013 Legislative Package to the General Assembly
J. PUBLIC HEARING
1. SALE OF EXCESS CITY -OWNED PROPERTY
405 Fountain Drive
2. EMERGENCY MEDICAL RESPONSE AMBULANCE SERVICE
K. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. §§ 16-44 and 16-54 re the definition of net appreciation and re -sale of Workforce
Housing units
b. §4-1 re permissible dates for issuance of special event permits for horseback riding
C. REPEAL §§7-21, 7-22, 7-24, 7-25, 7-29, 7-30 and 7-31 re registration of wheeled
devices and AMEND §7-59.5 re use of various devices at the Resort Area, Boardwalk
and Town Center
2. CITY/SCHOOL REVENUE SHARING FORMULA POLICY:
a. RESOLUTION to AUTHORIZE re City/School Revenue Sharing Formula Policy
b. ORDINANCE to AMEND FY 2013 Real Estate Tax Levy
3. ORDINANCE to AUTHORIZE the City Manager to TERMINATE the Purchase Agreement
with Tailwind Development Group, L.L.C. and SOLICIT proposals re hotel development
at Princess Anne Road and South Independence Boulevard
4. ORDINANCE TO DECLARE the property at 405 Fountain Drive and two (2) adjoining lots in
EXCESS of the City's needs and AUTHORIZE the City Manager to SELL the properties to
Nicholson Properties, LLC (DISTRICT 6 — BEACH)
5. RESOLUTIONS to ESTABLISH:
a. The 2040 Vision to Action Community Coalition Commission
b. Emergency Medical Response, LLC and AUTHORIZE re annual EMS permit for
private services
6. ORDINANCES to APPROPRIATE and TRANSFER:
a. Burton Station Strategic Growth Area Funds
1. $
330,000 —Newtown
SGA
2. $
335,000 —
Pembroke SGA
3. $
335,000 —
Rosemont SGA
4. $
366,628 —
Miscellaneous Revenues
5. $1,133,372
— Various Closed Capital Projects
b. $287,000 DEA Shared Asset fund balance to purchase equipment and services for the
Police Department
C. $ 95,000 from the General Fund to Human Services re Community Trust Grant re a
Supportive Living residence at 3705 Gresham Court (DISTRICT 3 — ROSE HALL)
L. PLANNING
1. Application of RANDEE MARIE HOLMES/THOMAS and RANDEE HOLMES for
Modification of Condition No. I (approved by City Council on August 13, 2002) re child day
care at 1952 Blue Knob Road
DISTRICT 1 — CENTERVILLE
RECOMMENDATION
APPROVAL
2. Application of DIANE L. McEWEN for a Conditional Use Permit re child day care at 616
Connie Way
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
3. Application of AMANDA JEANS/THOMAS J. and AMANDA I. JEANS for a Conditional
Use Permit re residential kennel at 4677 Ardmore Lane
DISTRICT 1 - CENTERVILLE
STAFF RECOMMENDATION
PLANNING COMMISSION RECOMMENDATION
M. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
COMMUNITY SERVICES BOARD - CSB
GREEN RIBBON COMMITTEE
HISTORICAL REVIEW BOARD
HUMAN RIGHTS COMMISSION
WORKFORCE HOUSING ADVISORY BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
APPROVAL
DENIAL
CITY COUNCIL WORKSHOP
CANCELLED
NOVEMBER 6, 2012
GENERAL AND LOCAL ELECTIONS
2012 CITYHOLIDAYS
Monday, November 12
Thursday, November 22
Friday, November 23
Monday, December 24
Tuesday, December 25
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (half-day)
Christmas Day
CITY COUNCIL'S BRIEFINGS - Conference Room - 3:30 PM
A. OLD DOMINION UNIVERSITY CENTER FOR INNOVATIVE
TRANSPORTATION SOLUTIONS
Dr. Asad Khattack, Director
Dr. Mike Robinson, Associate Director
Dr. Mecit Cetin, Associate Director
B. CHMURA ECONOMICS and ANALYTICS REPORT -
STATEWIDE ECONOMIC IMPACT OF POTENTIAL NBA FRANCHISE
Xiaobing Shuai, Senior Economist, Chmura Economics and Analytics
C. MINORITY BUSINESS COUNCIL ANNUAL REPORT
Patricia A. Phillips, Director of Finance
Wanda Cooper, Chair, MBC
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Rabbi David Barnett
Temple Emmanuel Synagogue
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS October 9, 2012
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
VETERANS DAY NATIONAL COMMITTEE
VIRGINIA BEACH - REGIONAL SITE FOR VETERANS DAY 2012
n DEPARTMENT OF VETERANS AFFAIRS
li
OFFICE OF THE ASSISTANT SECRETARY FOR
PUBLIC AND INTERGOVERNMENTAL AFFAIRS
WASHINGTON DC 20420
Ms. Barbara Morrison
P.O. Box 56047
Virginia Beach, VA 23456
Dear Ms. Morrison:
On behalf of the Veterans Day National Committee, I am pleased to announce
that Virginia Beach, Virginia, has been selected as a Regional Site for the celebration of
Veterans Day 2012. Your observance is one of 62 Regional Sites designated
nationwide.
Secretary of Veterans Affairs Eric K. Shinseki will notify your Governor of your
selection and encourage support for your Veterans Day activities. We will also ask the
Department of Defense to provide military liaison officers, where available, to help
support your event.
As you finalize plans for your Veterans Day ceremony, we would welcome the
opportunity to provide a message from the Secretary of Veterans Affairs for inclusion in
your event program. Please contact Matt Bristol of my staff at vetsday@va.gov or (202)
632-7129 by September 17, 2012, to request a Veterans Day message. We are also
finalizing the 2012 Veterans Day poster and will send you a supply as soon as they are
available.
Congratulations again on your selection and best wishes for a successful event.
Sincerely,
Michael Galloucis
Executive in Charge for the
Office of Public and Intergovernmental Affairs
Enclosure
ent
AQe1q
of Veter
a�s
The Veterans Day National Committee
hereby designates
The City of Virginia Beach, Virginia
as a RegionaCSite for the observance of
VA FORM 4780x, MAR 1998 (R)
Veterans Day 2012
-1'0� 8 fl, 0 - - z ,
Eric K. Shinselk
Secretary of Veterans Affairs
Chairman, Veterans Day National Committee
PUBLIC COMMENTS
2013 Legislative Package to the General Assembly
J. PUBLIC HEARING
1. SALE OF EXCESS CITY -OWNED PROPERTY
405 Fountain Drive
2. EMERGENCY MEDICAL RESPONSE AMBULANCE SERVICE
PUBLIC HEARING
SALE OF EXCESS. CITY
PROPERTY`
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
disposition and sale of City -owned
property located at 405 Fountain
Drive (GPIN 2407-46-2671) and two
adjoining lots (GPIN 2407-46-3607
and 2407-46-2753) Tuesday,
October 23, 2012, at 6:00 P.M., in
the Council Chamber of the City Hall
Building (Building #1) at the Virginia
Beach Municipal Center, Virginia
Beach, Virginia. The purpose of this
Hearing will be to obtain public input
to determine whether this property
should be declared "Excess of the
City's needs".
If you are physically disabled or
visually impaired and . need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303; Hearing impaired, call 711
(Virginia Relay -Telephone Device for
the Deaf).
Any questions concerning this matter
should be directed to the Office of
Real Estate, Building #2, Room 392,
at the Virginia Beach Municipal
Center. The Real Estate Office
telephone number is (757) 385-
4161.
Ruth Hodges Fraser, MMC
City Clerk
Beacon Oct. 14, 2012 23264195
K. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. §§16-44 and 16-54 re the definition of net appreciation and re -sale of Workforce
Housing units
b. §4-1 re permissible dates for issuance of special event permits for horseback riding
C. REPEAL §§7-21, 7-22, 7-24, 7-25, 7-29, 7-30 and 7-31 re registration of wheeled
devices and AMEND §7-59.5 re use of various devices at the Resort Area, Boardwalk
and Town Center
2. CITY/SCHOOL REVENUE SHARING FORMULA POLICY:
a. RESOLUTION to AUTHORIZE re City/School Revenue Sharing Formula Policy
b. ORDINANCE to AMEND re FY 2013 Real Estate Tax Levy
3. ORDINANCE to AUTHORIZE the City Manager to TERMINATE the Purchase Agreement
with Tailwind Development Group, L.L.C. and SOLICIT proposals re hotel development
at Princess Anne Road and South Independence Boulevard
4. ORDINANCE TO DECLARE the property at 405 Fountain Drive and two (2) adjoining lots in
excess of the City's needs and AUTHORIZE the City Manager to SELL the properties to
Nicholson Properties, LLC (DISTRICT 6 — BEACH)
5. RESOLUTIONS to ESTABLISH:
a. The 2040 Vision to Action Community Coalition Commission
b. Emergency Medical Response, LLC and AUTHORIZE re annual EMS permit for
private services
6. ORDINANCES to APPROPRIATE and TRANSFER:
a. Burton Station Strategic Growth Area Funds
1. $
330,000
—Newtown SGA
2. $
335,000
— Pembroke SGA
3. $
335,000
— Rosemont SGA
4. $
366,628
— Miscellaneous Revenues
5. $1,133,372
— Various Closed Capital Projects
b. $287,000 DEA Shared Asset fund balance to purchase equipment and services for the
Police Department
C. $ 95,000 from the General Fund to Human Services re Community Trust Grant re a
Supportive Living residence at 3705 Gresham Court (DISTRICT 3 — ROSE HALL)
1
S
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance to Amend Sections 16-44, and 16-54 of the City Code, Pertaining to
Definitions, and Re -sale of Workforce Housing Units
MEETING DATE: October 23, 2012
Background: Based upon recent guidance from the U.S. Department of Housing and
Urban Development (HUD), Department of Housing and Neighborhood Preservation
(DHNP) staff has identified needed City Code amendments that bring the program into
compliance with FHA regulations. While there is no upfront guarantee that any specific
financing will be approved, these amendments modify the program to comply with existing
regulations such that there is a reasonable assurance that individual applicants will be
approved if otherwise qualified.
The proposed amendments would make the following changes in the program:
1. Include language in the definition of "net appreciation" to reflect that in the event the
first mortgage is FHA -insured, the cost of capital improvements, rather than the
value of capital improvements, shall be used to determine net appreciation.
2. Include language in the definition of "shared net appreciation" and regarding resale
requirements, to reflect that when the first mortgage is FHA -insured, when the
homeowner sells the unit, he or she must be permitted to recover at least the
original purchase price, sales commission, cost of capital improvements, and any
accrued negative amortization if the property was financed with a graduated
payment mortgage. The attached chart illustrates the way in which the city is
required by HUD to calculate what the seller has to be permitted to recover, and
what would be owed the city (Attachment A).
Considerations: While adoption of these amendments is recommended in order to
increase the likelihood that applicants to purchase workforce housing are approved for
financing, it should be noted if a buyer purchases a workforce housing unit with FHA
insurance, and then decides to sell it, and there is a reduction in the value of that unit, or
only a modest increase in the value, the city may not be able to recapture any, or all of the
value of its second deed of trust.
There are two issues to be aware of in regard to this change:
1) Any reduction in the amount of value recaptured upon resale of a workforce housing
unit would not constitute a loss of public funds since the City's second deed of trust
does not secure funds provided by the City; it secures value surrendered by the
developer in exchange for an increase in density.
Workforce Housing Program
Page 2of2
2) HUD's intent and assurances from HUD are that there is no circumstance in which it
is envisioned that the City would pay out money to the borrower.
The Workforce Housing Advisory Board recommended adoption of the proposed
amendments at its October 15, 2012 meeting.
Public Information: The ordinance will be advertised as a normal agenda item of the City
Council. In addition, the October 15, 2012 Workforce Housing Advisory Board meeting
was open to the public.
Alternatives: The ordinance presented today represents the consensus of the WFHAB
and city staff regarding the aforementioned amendments. The amendments are needed to
increase the likelihood that buyers of WFH units can obtain FHA -insured first mortgages.
Recommendations: Adoption of the ordinance.
Attachments: What Seller Must Be Allowed to Recover (Attachment A).
Recommended Action: Approval
Submitting Department/Agency: ' partment of Housing and Neighborhood
Preservation
City Manager: ��j)
1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
2 16-44,16-45 AND 16-49 OF THE CITY CODE, PERTAINING
3 TO NET APPRECIATION AND RESALE OF WORKFORCE
4 HOUSING UNITS
5 Sections Amended: City Code Sections 16-44, 16-45 and 16-49
0
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9 That Sections 16-44, 16-45 and 16-49 of the City Code are hereby amended and
10 reordained to read as follows:
11
12
13
ARTICLE Vlll. WORKFORCE HOUSING
14 DIVISION 1. - GENERAL PROVISIONS
15
16 Sec. 16-42. - Applicability.
17 The provisions of this article shall apply only to the sale or rental of workforce housing
18 approved by the city council pursuant to the provisions of article 21 of the city zoning ordinance.
COMMENT
20 This section is shown for reference purposes only.
21 ....
22
23 Sec. 16-44. - Definitions; explanatory material.
24 As used in this article, the following terms shall have the meanings set forth in this section.
25 Where explanatory material is provided, such terms shall be construed in a manner consistent
26 with such material:
27 ....
28 Net appreciation. The amount of the resale price of a workforce housing unit, less the total
29 amount of: (i) the original principal amount of the first mortgage loan on the unit, (ii) the principal
30 amount of the workforce housing deed of trust note and of any VHDA-held second deed of trust
31 note if VHDA also holds the first deed of trust on the unit, (iii) closing costs actually paid by the
32 eligible buyer in connection with the purchase of the unit, (iv) the eligible buyer's down payment,
33 (v) the appraised value of any capital improvements approved by the director of housing and
34 neighborhood preservation or, where the first deed of trust is insured by the FHA, the cost of
35 such capital improvements, and (vi) the reasonable and customary sales commission paid by
36 the eligible buyer.
37 Shared net appreciation. The amount of the net appreciation owed to the city by the
38 purchaser of a workforce housing unit, which shall be equal to the proportional share
39 represented by the city's investment in the original purchase of the unit as evidenced by the
40 equity sharing agreement. For example, if the amount of the workforce housing deed of trust
41 note equals twenty-five (25) percent of the initial sales price of the unit, the amount of shared net
42 appreciation owed to the city will be twenty-five (25) percent of the net appreciation of the unit.
43 Subject to the provisions set forth in subsections (e) and (f) of Section 16-49 regardinq first
44 deeds of trust insured by the Federal Housing administration (FHA), the The amount of the
45 shared net appreciation and principal amount of the workforce housing deed of trust note is
46 repaid to the city upon resale of the unit.
47
CnMMF.NT
48 The amendments to this section reflect the requirement for FHA -insured first mortgages that when the
49 owner sells a Workforce Housing Unit, he or she must be permitted to recover at least the original purchase
50 price, sales commission, cost of capital improvements, and any accrued negative amortization if the property
51 was financed with a graduated payment mortgage.
52 ....
53 DIVISION 2. - SALE AND OWNERSHIP OF WORKFORCE HOUSING
54
55 Sec. 16-45. - Initial sales of workforce housing units.
56 (a) The city shall have the right to purchase workforce housing units offered for initial sale
57 as follows:
58
(1) The city shall have an exclusive right to purchase any workforce housing unit,
59
not to exceed a total of one-third (1/3) of the workforce housing units for sale
60
within a development, by so notifying the developer of the unit within thirty (30)
61
days from the date on which the city is notified that the workforce housing unit is
62
available for initial sale. If the city does not timely exercise its right to purchase
63
the unit, it may be sold to an eligible buyer.
64 (2) Any workforce housing unit the city has not elected to purchase shall be offered
65 for sale exclusively to eligible buyers for a period of sixty (60) days from the date
66 on which the city's right to purchase the unit expires. Upon the expiration of such
2
67 time, any such unit not sold to the city or to an eligible buyer may be offered for
68 sale without restriction, provided, that when such a unit is sold, the developer
69 shall pay to the city the difference between the actual sales price and the price
70 as reduced by the amount of the workforce housing discount, less any additional
71 sales commission actually paid by the developer up to a maximum of two (2)
72 percent of the sales price and any closing cost assistance actually paid on
73 behalf of the buyer up to a maximum of three (3) percent of the purchase price.
74 (b) The procedure for initial sales of workforce housing units to be purchased by an eligible
75 buyer shall be as follows:
76 (1) A developer who has reached an agreement with an eligible buyer to sell a
77 specific workforce housing unit to such eligible buyer as an initial sale shall
78 notify the city that the developer and eligible buyer have reached an agreement
79 regarding the purchase of the unit. The city shall, either before or after it
80 receives such notification, verify the eligible buyer's continued eligibility under
81 section 16-46
82 (2) In the event the eligible buyer continues to meet such requirements, the
83 developer and city shall enter into an agreement pursuant to which the
84 developer agrees to sell the unit to the eligible buyer at a price incorporating the
85 workforce housing discount (the "discounted sales price"). The developer shall
86 not be entitled to receive any portion of the monies representing the workforce
87 housing discount.
88 (3) The city and eligible buyer shall also enter into an agreement pursuant to which
89 the city will finance, by means of a workforce housing deed of trust, the
90 difference in value between the fair market value of the workforce housing unit
91 and the discounted sales price. Such agreement shall further provide, among
92 other things, that that the city shall have the right to repurchase the unit upon
93 resale, or to assign such right to an eligible buyer, in accordance with the
94 provisions of section 16-49
95 (4) The workforce housing deed of trust shall: (i) subject to the provisions set forth
96 in subsections (e) and (f) of Section 16-49 regarding first deeds of trust insured
97 by the Federal Housing administration (FHA), secure repayment to the city of
98 the workforce housing discount, plus the shared net appreciation; (ii) carry a
99 zero percent interest rate; (iii) be subordinate only to the lender's first deed of
100 trust or, in the event the property is financed by means of first and second deeds
101 of trust held by the Virginia Housing Development Authority (VHDA), to such
102 deeds of trust; and iv) provide that the eligible buyer shall make no payments of
103 principal on the indebtedness secured by the workforce housing deed of trust
9
104 until the eligible buyer sells or otherwise divests his or her interest in the
105 workforce housing unit.
106
COMMENT
107 The amendments to this section reflect the requirement for FHA -insured first mortgages that when the
108 owner sells a Workforce Housing Unit, he or she must be permitted to recover at least the original purchase
109 price, sales commission, cost of capital improvements, and any accrued negative amortization if the property
110 was financed with a graduated payment mortgage.
112 Sec. 16-49. - Resale of workforce housing units.
113 (a) Prior to offering a workforce housing unit for resale, the owner shall notify the city of the
114 owner's intent to sell the unit. The city shall notify the unit owner of its intention to purchase the
115 unit within thirty (30) days from the date on which the owner's notice of intent to sell was received
116 by the city. In the event the city determines to purchase the unit upon resale, it shall have the
117 right to assign the contract to an eligible buyer.
118 (b) The city shall tender to the unit owner an offer to purchase such unit at its fair market
119 value. The fair market value shall be determined by appraisal. Such appraisals shall be
120 performed by licensed Virginia real estate appraisers selected by the city as follows:
121 The city and workforce housing unit owner shall attempt to agree upon an appraiser, who
122 shall determine the fair market value of the workforce housing unit as of the date of the
123 actual or anticipated sale. If the parties are unable to agree upon an appraiser within ten
124 (10) days, the parties shall each have an appraisal made by an appraiser of its choice to
125 establish the fair market value. If the two competing appraisals are within ten (10) percent of
126 each other, the midpoint between the two shall be considered the fair market value. If the
127 two appraisals are not within ten (10) percent of each other, the parties shall agree on a
128 third appraiser, and such appraiser's valuation shall be controlling as to fair market value. If
129 the parties cannot agree on a third appraiser, the city shall have the right to appoint a
130 qualified appraiser and such appraisal shall be controlling as to fair market value. The
131 parties shall share equally in the cost of joint appraisals and shall be solely responsible for
132 the cost of any other appraisals.
133 (c) In the event the city decides not to purchase or assign its right to purchase the unit, it
134 shall so notify the owner in writing, who shall thereafter have the right to sell the unit to any other
135 person or entity. In such event, the provisions of this section shall not thereafter apply to any
136 subsequent resale of the unit.
137 (d) In the event the city purchases or assigns its right to purchase a workforce housing unit
138 from the owner of such unit, it shall make such unit available for sale to another eligible buyer for
0
139 a period of at least ninety (90) days. The city shall notify the eligible buyers on its prescreened list
140 of the availability of the unit.
141 (e) In the event an eligible buyer enters into a contract to purchase the unit within the
142 ninety -day period, the city shall determine whether such eligible buyer continues to so qualify. If
143 such eligible buyer continues to meet the eligibility requirements of section 16-46, the owner of
144 the unit shall enter into a contract with the city and, if applicable, the city's assignee, to purchase
145 the unit at the fair market value thereof, as determined pursuant to subsection (b). The contract
146 shall further provide that: (i) the amount of the workforce housing discount, plus the shared net
147 appreciation of the unit, shall be repaid to the city upon resale of the unit, provided that where the
148 first deed of trust on the property is insured by the FHA, the owner shall be permitted to recover,
149 at a minimum original purchase price, sales commission, cost of capital improvements, and any
150 accrued negative amortization if the property was financed with a graduated payment mortgage,
151 and (ii) that the city shall have the right to repurchase the unit, or to assign such right to an
152 eligible buyer, in accordance with the provisions of this section.
153 (f) At settlement, the principal amount of the outstanding workforce housing deed of trust
154 note, plus the shared net appreciation of the unit, as defined in section 16-44, shall be repaid to
155 the city from the proceeds of the resale of the unit, provided that where the first deed of trust on
156 the property is insured by the FHA, the owner shall be permitted to recover, at a minimum,
157 original purchase price, sales commission, cost of capital improvements, and any accrued
158 negative amortization if the property was financed with a graduated payment mortgage. All
159 such monies shall be deposited into the workforce housing revolving fund.
160 (g) Subiect to the availability of funding, the ±he city shall finance a portion of the purchase
161 price equal to the amount of the new workforce housing discount by means of a note secured by
162 a workforce housing deed of trust.
163
164
165
166
167
168
169
170
171
172
173
174
f'()MMVNT
The amendments to subsections (e) and (f) reflect the requirement for FHA -insured first mortgages
that when the owner sells a Workforce Housing Unit, he or she must be permitted to recover at least the
original purchase price, sales commission, cost of capital improvements, and any accrued negative
amortization if the property was financed with a graduated payment mortgage. The amendment to
subsection (g) allows for the possibility that, as a result of the foregoing rule, the monies realized by the City
from the sale of the property may be insufficient to finance the entire portion of the purchase price upon
resale that is equivalent to the new workforce housing discount.
Adopted by the City Council of the City of Virginia Beach, Virginia on the
, 2012.
N1
day of
175 Approved as to Content:
176
177
178 Dep 0u
179 Pres&vat - n
ME
rig and Neighborhood
181 CA -12369
182 R-3
183 August 20, 2012
Approved as to Legal Sufficiency:
City Attorney's Office+
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 4-1 of the City Code to Clarify Permissible
Dates for Issuing Special Event Permits for Horseback Riding Events
MEETING DATE: October 23, 2012
■ Background: In February 2012, Section 4.1 of the City Code, pertaining to
special event permits, was amended to require permits for organized activities such as
surf camps and volleyball leagues, and to permit short term, guided horseback riding
events sponsored by charitable organizations on the beach during the off- season.
The intent of that code change, as stated in the agenda request form, was to
allow special event permits to be issued for horseback riding events from November 1
through May 1. Section 4-1 (a)(11) of the City Code, however, provides that permits will
not be issued during the "prime resort season." The "prime resort season" is defined in
the City Code as April 15 through September 30. Thus, the code provides that special
event permits for horseback riding events may be issued from October 1 through April
14.
■ Considerations: The proposed change to Section 4-1(a) (11) of the City Code
will clarify that special event permits for horseback riding events can only be issued
between November 1 and May 1.
■ Public Information: Additional public information will be handled through the
normal agenda process.
■ Recommendations: Approve ordinance
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Strategic Growth Area Office t-7,
City Manager: `� ' �8xlli
1 AN ORDINANCE TO AMEND SECTION 4-1
2 OF THE CITY CODE TO CLARIFY
3 PERMISSIBLE DATES FOR ISSUING
4 SPECIAL EVENT PERMITS FOR
5 HORSEBACK RIDING EVENTS
6
7 SECTION AMENDED: § 4-1
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Section 4-1 of the Code of the City of Virginia Beach, Virginia, is hereby
13 amended and reordained to read as follows:
14 Sec. 4-1. - Permit for special events.
15 (a) Events for Which Permit Required. No person or entity shall hold, organize or
16 sponsor any of the following events or activities unless a permit therefor has been
17 granted by the city:
18 (1) Parades, processions, marathons, bicycle races and other events utilizing the
19 sidewalks or vehicular travel portion of city streets and highways, or the boardwalk.
20 (2) Carnivals, bazaars and similar events which offer such activities as
21 amusement rides or devices, games of skill, animal rides or exhibitions, food
22 concessions, and informal live entertainment.
23 (3) Outdoor festivals or other musical entertainment offering live or recorded
24 music for public or private audiences in other than a fully enclosed building, with
25 the exception of outdoor musical entertainment at any private residence attended
26 by fewer than one hundred fifty (150) persons.
27 (4) Motion picture, video or broadcast television productions, other than news
28 media, involving the staging of vehicles, equipment, props or personnel on public
29 property, including buildings, streets and sidewalks, or requiring the use of city
30 equipment or services, or the participation of city employees.
31 (5) Organized scheduled contests and exhibitions held on the sand beaches of
32 the city.
33 (6) Marine events, including any prescheduled organized concentration of
34 watercraft, involving participants and/or spectators, of a competitive or
35 noncompetitive nature, which may interfere with ordinary navigation or require
36 supplementary regulation by federal, state or city authorities.
37 (7) Scheduled races, exhibitions or other events involving the operation of
38 motorized vehicles of any type.
39 (8) Scheduled gatherings of two hundred (200) or more persons on any public
40 property, other than parks.
41 (9) Activities or events requiring a variance from the regulations for parks
42 promulgated by the director of parks and recreation.
43 (10) Organized camps, athletic leagues or games, exercise classes, or other
44 instruction, education or recreational activities or events which take place on city
45 property in the Resort Area or on the sand beaches of the city, for which a fee is
46 collected by a for-profit event organizer, sponsor, or producer, and which include
47 three or more individuals paying to participate in the activity or event.
48 (11) Organized horseback riding events held on the sand beaches of the city;
49 provided, however, that no such permit shall be issued unless (i) the applicant is a
50 501(c)(3) charitable organization, (ii) the event is not held during the . it
51 seasen between November 1 and May 1, and (iii) the event lasts no longer than
52 one day. The restrictions contained in section 6-12 shall not apply to activity
53 authorized by such a permit.
54 ....
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:
Strategic Growth Area Resort City Attorney's Offce
Management Office
CA12439
R-1
October 3, 2012
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Repeal Sections 7-21, 7-22, 7-24, 7-25, 7-29, 7-30, and 7-31 of
the City Code Pertaining to Registration of Bicycles and Other Wheeled Devices
and to Amend Section 7-59.5 of the City Code Pertaining to the Use of Various
Devices at the Resort Area, Boardwalk, and Town Center
MEETING DATE: October 23, 2012
■ Background: The City Code provides a process for registration of bicycles,
electronic personal assistive mobility devices, and other similar wheeled devices or
vehicles. However, the City Code does not impose a registration requirement. Rather,
the registration is meant to serve as a mechanism by which a bicycle may be identified
in the event that it is lost or stolen. The City Treasurer registered 161 bicycles or other
wheeled devices in FY12.
On October 9, 2012, the City Council was briefed by the Office of the City Treasurer to
provide information about the registration of wheeled devices.
■ Considerations: The attached ordinance repeals the registration process for
bicycles and other wheeled devices through the Office of the City Treasurer.
Additionally, the ordinance amends a portion of the City Code that discusses the display
of a disabled placard for use of wheeled devices at the Resort Area, the Boardwalk, and
Town Center to remove the reference to City issued disabled decals. As discussed at
the briefing on October 9t", the City Treasurer has received very few requests for
disabled decals, and of the requests received, most were for golf carts, which are not on
the list of wheeled devices discussed in City Code §§ 7-24 and 7-25.
This item was previously deferred twice: September 11, 2012; and October 9, 2012.
■ Public Information: This item will be advertised in the same manner as other
agenda items.
■ Attachment: Ordinance
Recommended Action: Approval
Submitting DepartmentlAgency: City Treasurer's Office
City Manager: S
1 AN ORDINANCE TO REPEAL SECTIONS 7-
2 21, 7-22, 7-24, 7-25, 7-29, 7-30, AND 7-31 OF
3 THE CITY CODE PERTAINING TO
4 REGISTRATION OF BICYCLES AND OTHER
5 WHEELED DEVICES AND TO AMEND
6 SECTION 7-59.5 OF THE CITY CODE
7 PERTAINING TO THE USE OF VARIOUS
8 DEVICES AT THE RESORT AREA,
9 BOARDWALK, AND TOWN CENTER
10
11 SECTIONS REPEALED: §§ 7-21, 7-22, 7-24,
12 7-25, 7-29, 7-30, AND 7-31
13
14 SECTION AMENDED: § 7-59.5
15
16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
17 BEACH, VIRGINIA:
18
19 1. That Sections 7-21, 7-22, 7-24, 7-25, 7-29, 7-30, and 7-31 of the Code of the City
20 of Virginia Beach, Virginia, are hereby repealed as follows:
21
22 See -21. Authorityteregaser:
23 , eleG
24 ,
25 moped in the Gity as pFeyided in this Artinle
26
27 See. 722. -/tppliction.
28 , ele
29 ,
30 SGE)Gteps ()F mopeds shall be upon wFitteR appliGatiGR theFefeFe made to the tFeasureF E)f
31 the pity, nn forms provided for that purpose.
32 ,
33 , mater driven GyGles, meteFized
34 skateboards,
35 available to all persons buying sUnh wheeled deyioes or vehinles
36
39 power assisted
biGyGle, n;E)tE)r driven GyGle,
motorized
skateboard, meteFized
SGeeteF
40 meped uRder this
AftiGle shall be one dollar
($1.00),
WhiGh fee shall
be paid
te the Gi
42
43 Sec. 7 25 ' IssuanGe
of card and decall.
44
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88
89 2. That Section 7-59-.5 of the Code of the City of Virginia Beach, Virginia, is hereby
90 amended and reordained to read as follows:
91
92 Sec. 7-59.5. - General provisions applicable to Sections 7-59.1 through 7-59.5.
93 (a) For purposes of Sections 7-59.1 through 7-59.4, the term "scooter" is a muscle -
94 powered device having two (2) or more wheels, a platform on which the rider stands,
95 and a steering mechanism such as handlebars.
96 (b) The provisions of Section 7-59.1 through 7-59.4 shall not be applicable to the use
97 of baby carriages, strollers or related modes of transportation of infants, or the use of
98 wheelchairs and wheelchair conveyance used for the transportation of disabled persons
99 or electrical personal assistive mobility devices, electric power -assisted bicycles or
100 motorized scooters equipped with a seat used for the transportation of disabled persons
101 when such device has a f9F either (4 state -issued placard for the disabled h„as-"gin
102 issued anprominently displayed thereon or (ii) menial denol has been issued by the
103 pity pursuant
yrsant to sen+inn 7 25 aR d is prominently displayed thereon
104 (c) The prohibitions set forth in Sections 7-59.1 through 7-59.4 shall not be applicable
105 to city employees or city contractors on officials business, or to employees of any
106 franchise or permittee authorized to provide services at Town Center, or on the beach,
107 boardwalk and adjacent bicycle path, oceanfront parks and plaza, while on duty, or
108 when authorization is granted by the City Manager or his designee for special events.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of
)2012.
A P,RdVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Tr4asur&r's Office
CA12348
R-4
October 11, 2012
3
ern 's Office
/4
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEMS: (1.) A Resolution to Adopt the City/School Revenue Sharing Formula Policy
(2.) An Ordinance to Amend the FY 2013 Real Estate Tax Levy
MEETING DATE: October 23, 2012
■ Background: The City Council first adopted a City/School Revenue Sharing
Policy in 1997 to provide a stable source of local funding for the Public School System.
This policy shared seven of the fastest growing and most stable revenue sources
between City and School services and programs. The formula was revised several
times to reflect changes in State law and the revenue streams. With the adoption of the
FY 2012 Operating Budget, the City Council believed that the formula no longer served
its purpose, especially in light of the recessionary conditions. Therefore, the FY 2013
Operating Budget was adopted without a revenue sharing formula; however, the City
Council and the School Board directed the staffs of the respective bodies to develop a
new formula for consideration for the FY 2014 Operating Budget.
A second item seeks to modify the directive in the FY 2013 Real Estate Tax Levy that
requires the City Manager to propose a reduction to the four cent dedication of real
estate taxes to Schools if the State increases funding for Schools. The original
language in the adopted FY 2013 Budget Ordinance sets the trigger for the Manager to
propose the change at the FY 2013 Local Composite Index ("LCI"). After the joint
session of the bodies held on October 2, 2012, the School Board communicated
concerns about using the LCI as a proxy for State funding because it may may have a
"unintended double reduction to local school funding" (School Board letter to Council
dated October 5, 2012). To assuage this concern, the ordinance to amend the FY 2013
Real Estate Tax Levy would utilize a fixed -dollar State contribution to schools as a
benchmark. The average State contribution for the previous seven years is roughly
$350 million per year net School Facilities funds, which have not been provided by the
General Assembly since 2008. The actual amounts are:
0 2006: $340,186,881
0 2007: $361,924,611
0 2008: $364,993,373
0 2009: $384,839,698
2010: $363,988,019
0 2011: $318,057,110
0 2012: $315,031,670
■ Considerations: The City Manager and the Superintendent met to define a
formula that provided a diverse and expansive set of revenues that: excluded dedicated
revenues including state and federal funds and grants; recognized the Standards of
Quality (SOQ) funding requirements; and accounted for fluctuations in enrollment.
The City Manager and School Superintendent recommended to the City Council and
School Board a four-part formula that:
(1) includes all non -dedicated local tax revenues;
(2) acknowledges the required local match under the State SOQ, which is subtracted
from the non -dedicated local tax revenues,
(3) provides 32.37% of the remaining total non -dedicated local tax revenues (after
subtracting the local SOQ match) to the School System as a discretionary local
match; and
(4) adds the dedication of four cents of real estate taxes established by the City
Council with the FY 2013 Operating Budget.
The amendment to the FY 2013 Real Estate Levy does not have an immediate impact
upon revenues. Rather, this action would provide direction for the City Manager in
building future budgets based upon the actions of the General Assembly.
N Public Information: There have been two public meetings of the City Council
and School Board to discuss the proposed City/School Revenue Sharing Policy
(December 6, 2011 and October 2, 2012). This item is being advertised as a part of the
normal City Council agenda process as well.
■ Attachments: Resolution; Ordinance; City Council and School Board Policy
Recommended Action: Approval
Submitting Department/Agency: City Manager's Office/Superintendent's Office
City Manage <;. V .
1 A RESOLUTION TO ADOPT THE CITY/SCHOOL
2 REVENUE SHARING FORMULA POLICY
3
4 WHEREAS, the previous City/School Revenue Sharing Policy and Formula was
5 adopted in 1997 by the City Council, and was in use until FY 2012-13 when it was
6 believed that the formula no longer reflected changes in the economy, student
7 enrollment, and state funding levels;
8
9 WHEREAS, the City Council and School Board requested the City Manager and
10 the Superintendent develop a new formula that would address these concerns and that
11 would diversify the revenues contained in the formula; and
12
13 WHEREAS, the City Manager and School Superintendent have proposed a
14 formula that: reflects a more diverse revenue stream composed of all non -dedicated
15 local tax revenues; recognizes the required local match contained in the State's
16 Standards of Quality (SOQ); and acknowledges that the City has historically provided a
17 discretionary local match that exceeded the minimum requirements of the SOQ.
18
19 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That the attached City Council and School Board Policy on sharing revenues with
23 the School System is hereby adopted and shall be used by the City Manager in the
24 proposed FY 2013-14 Operating Budget and beyond.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 12012.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY
�A
Manage enf Services Ci t o s Office
CA12450
R-3
October 12, 2012
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AN ORDINANCE TO AMEND THE FY 2013
REAL ESTATE TAX LEVY
WHEREAS, the City Council adopted an ordinance on May 8, 2012, to set the
real estate tax rate for Fiscal Year 2012-13 (the "FY 2013 Real Estate Tax Levy"); and
WHEREAS, in Section 1 of the FY 2013 Real Estate Tax Levy, the City Council
dedicated four cents of the increased real estate tax rate to provide funding for the
Schools "to offset the decrease in State funding through the Local Composite Index;"
and
WHEREAS, Section 1 of the FY 2013 Real Estate Tax Levy included a directive
to the City Manager that "[a]t such time as the State restores funding above the
following benchmarks: Local Composite Index at FY 2013 .... the City Manager will
recommend a reduction, in whole or in part, to the four cent... dedication in an amount
roughly equal to the increased State funding with a corresponding decrease in the real
estate tax rate;" and
WHEREAS, the School Board has expressed concern about using the Local
Composite Index ("LCI") as a trigger for review of the four cent dedication because it
may have a "unintended double reduction to local school funding" (School Board letter
to Council dated October 5, 2012); and
WHEREAS, an alternative to the LCI is a fixed -dollar amount of State funding for
Schools the average of which over the previous seven years is $350 million (net School
Facility funds) per year;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, THAT
The Section 1 of the FY 2013 Real Estate Tax Levy is hereby amended to direct
the City Manager to propose a reduction to the four cent dedication when the State
restores funding to Schools above $350 million (net of School Facility Funds) per year.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of )2012.
APPROVED AS TO CONTENT
tManage ent Services
CA12453
R-1
October 10, 2012
APPROVED AS TO LEGAL SUFFICIENCY:
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OF OUR NFt`o School Board Policy
Title: City/School Revenue Sharing Policy
Index Number:
Date of Adoption:
Date of Revision:
Page: 1 of 6
1. Purpose:
1.1. This policy ("Policy") is to establish a procedure for allocating to the City and to the Public School
System revenues estimated to be available in any given fiscal year. It is the intent of this Policy to
provide sufficient funding to maintain Virginia Beach City Public Schools' academic success as well as
the City's strategic goals.
1.2. This Policy is designed to accomplish these goals by providing better planning for school funding by
clearly and predictably sharing local revenues. It provides a balance between the funding requirements
for School and City programming. This Policy seeks to provide a diverse stream of revenues that
mitigates dramatic changes in the economy by relying upon all local tax revenues that are under the
City Council's control rather than a subset of those revenues. It also recognizes decisions by the City
Council to dedicate some of these same revenues to City and School priorities outside of the formula
discussed herein. This Policy seeks to rectify some of the concerns with the past formula by linking City
funding to the School directly to the State Standards of Quality ("SOW) which periodically takes into
account changes in student enrollment, true property value, adjusted gross income, taxable retail sales,
and population.
2. Definitions:
2.1. "City" refers to the City of Virginia Beach exclusive of the Virginia Beach City Public Schools
2.2. "Schools" refer to the Virginia Beach City Public Schools.
2.3. "Local Tax Revenues" refers to all General Fund revenues generated by non -dedicated local taxes: real
estate (less dedications such as the FY 2013 dedication for Schools and road construction, the Outdoor
Initiative, the Agricultural Reserve Program, and the Recreation Centers); Personal Property; General
Page 1 of 6
Sales; Utility; Utility -Consumption; Virginia Telecommunications; Business License (BPOL); Cable
Franchise; Cigarette (less dedication for Economic Development Incentive Program (EDIP); Hotel
Room; Restaurant Meals; Automobile License; Bank Net Capital; City Tax on Deeds; and City Tax on
wills.
2.4. "Dedicated Local Tax' refers to taxes that have been previously obligated by the City Council or State
law to support specific projects or programs. Examples of dedicated local taxes that are excluded from
this Policy include, but are not limited to: Tax Increment Financing District Revenues; Special Services
Districts Revenues; the FY 2013 dedications to Schools (4 cents of the real estate tax) and
Transportation (2 cents of the real estate tax); taxes established to support Open Space; Agricultural
Reserve Program; Recreation Centers; Outdoor Initiative; Economic Development Incentive Program;
Tourism Advertising Program; Tourism Investment Program; referendum related taxes; and taxes used
to support the BRAC project. A more complete discussion of such dedications is found at page 60 of
the Executive Summary in the FY 2013 Budget and pages 1-39 and 1-40 of the FY 2013 Operating
Budget.
2.5. "Revenue Sharing Formula" refers to the method of sharing Local Tax Revenues between the City and
the Schools.
2.6. "Budgeted Local Tax Revenues" refers to the appropriation of revenues by City Council in May each
year for the upcoming fiscal year beginning July 1.
2.7. "Actual Local Tax Revenues" refers to the actual collected revenues reflected in the Comprehensive
Annual Financial Report (CAFR).
2.8. "School Reversion Funds" refers to unused expenditure appropriations and end of the year
adjustments to the Revenue Sharing Formula revenues based on actual collections.
2.9. "Discretionary Local Match" refers to the funding level set by the Revenue Sharing Formula and the FY
2013 real estate tax dedication.
2.10. "Required Local Match" refers to the City funding required by the SOQ.
3. Procedure to Calculate the Revenue Sharing Formula:
3.1. Initial Estimate
3.1.1. In October, Management Services will provide an estimate of local tax revenue for the upcoming
fiscal year.
3.1.2. The Required Local Match calculation - Using the SOQ for each of the State Biennial years,
Management Services will deduct this amount from the projection of Local Tax Revenues and set
it aside as the first step.
Page 2 of 6
3.1.3. Discretionary Local Match calculation —The Discretionary Local Match has two components: the
formula component and the FY 2013 four cent real estate dedication.
3.1.3.1. The formula component: Management Services will then allocate to Schools 32.37% of
the remaining Local Tax Revenues.
3.1.3.2. The FY 2013 dedication component: In FY 2013 Operating Budget the City Council
increased the real estate tax rate by four cents and dedicated it to the Schools' Operating
Budget. This dedication amount will be added back to the Discretionary Local Match. This
dedication shall exist until such time as the State restores funding for education to the
average level provided from FY 2006 to FY 2012 of $350 million (net of School facility'
funds) The City Council has directed the City Manager to recommend, as a part of the
City's Proposed Operating Budget, reductions in whole or in part to the four cents real
estate dedication in an amount roughly equal to the increased State funding above $350
million (per annum) as reflected by a decrease in the local composite index below the
current FY 2013 level of 0.4110.
3.1.4. The combination of the required local match and the discretionary local match shall comprise the
funding for Schools pursuant to this Policy.
3.2. Final Estimate
3.2.1. In February, Management Services will provide a final estimate of the Local Tax Revenues. This
will be the estimate included in the City's Proposed Operating Budget.
3.2.2. Required Local Match calculation - By February the final SOQ required local match should be
known from the Virginia Department of Education and this figure will be used to set aside the
first allocation of revenues.
3.2.3. Discretionary Local Match calculation - Management Services will then allocate to Schools the
formula component (32.37% of the remaining estimated Local Tax Revenues) plus the FY 2013
dedication component (four cents of the real estate tax provided no adjustments are required).
3.2.4. The combination of the Required Local Match and the Discretionary Local Match shall comprise
the total local funding of the Schools under the Revenue Sharing Formula.
3.2.5. Estimates of the revenues contained in the Revenue Sharing Formula shall be clearly presented in
the City's Operating Budget.
4. Procedure to Request an Increase in the Discretionary Local Funding Match:
4.1. After receiving the Superintendent's Estimate of Needs, the School Board will notify the City Council by
resolution that it has determined additional local funding is required to maintain the current level of
Page 3 of 6
operations or to provide for additional initiatives. The School Board's resolution will provide the
following: 1) that additional funding is required; 2) the amount of additional funding requested; 3) the
purpose for the additional funding; and 4) that the School Board supports an increase in the real estate
tax (or other local tax) should the City Council determine that such a tax increase is necessary.
4.2. If the City Council determines that additional funding is warranted to maintain the current level of City
and Schools operations or to provide for additional initiatives, the City Council shall determine
appropriate action. This action may include consideration of existing dedications or alternate sources of
revenue or tax increases. If, after deliberation and appropriate public involvement, the City Council
determines that additional tax revenues are required, City Council may adopt a tax rate increase to any
revenue stream within this formula to generate additional local tax revenue.
4.3. Should the City Council dedicate such increase in local taxes, that dedication will be treated in the same
manner as other Dedicated Local Tax. If the City Council does not dedicate the increased taxes, this
revenue will be part of the Local Tax Revenues for purposes of this Policy.
5. Actual Revenue Collections deviate from Budget Local Tax Revenues:
5.1. If, at the end of the fiscal year, the actual Local Tax Revenues exceed the budgeted amount, the
amount of excess revenue will be allocated in the same manner as similar revenues were apportioned
in the recently ended fiscal year. However, such excess revenues are subject to the City Council's
General Fund Balance Reserve Policy. If such funds are not required for the General Fund Balance
Reserve Policy, the School Board may request that such funds be appropriated at the same time as the
appropriation of reversion funds, discussed in section 6.3, below.
5.2. If, the City, through the Manager or his designee, anticipates at any time during the fiscal year that
actual revenues will fall below budgeted revenues, the School Board, upon notification by the City
Manager or his designee of such an anticipated shortfall, will be expected to take necessary actions to
reduce expenditures in an amount equal to the School's portion of the shortfall.
6. Reversion of Formula Revenues:
6.1. All other sources of funding shall be expended by the Schools prior to the use of Local Tax Revenues.
6.2. All balances of Local Tax Revenues held by the Schools at the close of business for each fiscal year
ending on June 30th (to include the accrual period) lapse into the fund balance of the City's General
Fund. The reversion described in the preceding sentence is specific to Local Tax Revenues, and while
the appropriation to spend funds may lapse, the reversion process is not applicable to moneys in a
fund, such as the Athletic Fund, that are attributable to user fees or gate admissions.
Page 4 of 6
6.3. Reversion Appropriation Process: The School Board may request, by resolution, the reappropriation
and appropriation of funds resulting from the end of the fiscal year. This request should consider the
following:
6.3.1.The use of funds whose appropriation has lapsed because of the end of the fiscal year and
reverted to the fund balance of the City's General Fund. See Section 6.2.
6.3.2.The use of excess funds discussed in Section 5.1.
6.3.3.The calculation of actual debt payments for the fiscal year recently closed as compared to the
estimated debt payments upon which the fiscal year's budget was appropriated. If the actual debt
payment exceeds estimated debt payments, the amount of Schools reversion funds will be
reduced by this difference. If actual debt is less than estimated debt payments, the amount of
Schools reversion funds will be increased by this difference.
6.3.4.The Schools' Budget Office will confer with Management Services to verify that there is sufficient
fund balance in the General Fund to meet the City Council Fund Balance Policy. If there is
insufficient fund balance according to the Fund Balance Policy, the City Manager shall notify the
Superintendent of this condition.
6.3.5.The School Board resolution may request the use of excess or reversion funds for one-time
purchases or to be retained according to applicable policy on the Schools Reserve Fund (Fund 098),
including School Board Policy #3-28, and City Council Ordinance # 2789F, adopted November 4,
2003.
6.3.5.1. Upon receipt of the resolution, Management Services shall prepare an ordinance for City
Council's consideration of the School Board's request at the earliest available City Council
meeting.
6.3.5.2. Following City Council's action Management Services shall notify the Schools of the City
Council's decision and shall adjust the accounting records accordingly.
7. Revision to the City/School Revenue Sharing Policy:
7.1. The Superintendent, City Manager, School Chief Financial Officer, and the City's Director of
Management Services shall meet annually to discuss changes in State and Federal revenues that
support Schools operations, any use of "one-time" revenues, and any adjustments made to existing
revenues affecting this formula. If they determine that an adjustment is needed, the City Manager
and Superintendent will brief the City Council and School Board respectively.
7.2. City Council may revise this Policy at its discretion after consultation with the School Board.
Page 5 of 6
7.3. If no other action is taken by the City Council and School Board, this Policy shall remain effective until
June 30th 2015 at which time it will be reviewed and considered for reauthorization.
Approved:
As to Content:
Pr. James G. qierrill
E
Date
chool Superi tendent
Jam
Jam s K. Spore
Dat
�l
10/1-7/1Z
As to Legal Sufficiency:
► —�
Mark D. Stiles
Date
City Attorney
Approved by School Board:
Daniel D. Edwards
Date
School Board Chairman
Approved by City Council:
William D. Sessoms, Jr.
Date
Mayor
Page 6 of 6
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance (1) Authorizing the City Manager to Terminate the Purchase
Agreement between the City and Tailwind Development Group, L.L.C. and
(2) Directing the City Manager to Solicit Proposals for the Development of
a Hotel at the Northwest Corner of Princess Anne Road and South
Independence Boulevard
MEETING DATE: October 23, 2012
■ Background:
In 2008, the City of Virginia Beach (the "City") issued its Request for Proposals
(the "RFP"), soliciting proposals for the purchase and development of an
approximately 4.25 acre parcel of City -owned property located at the northwest
corner of Princess Anne Road and South Independence Boulevard in Virginia
Beach (GPIN: 1485-16-9065) (the "Property").
After a review of all responsive proposals, the City and Tailwind Development
Group, L.L.C. ("Tailwind") entered into an Agreement of Sale dated November
16, 2009, as amended by the First Amendment to Agreement of Sale dated
March 1, 2010, the Second Amendment to Agreement of Sale dated May 17,
2010, and the Third Amendment to Agreement of Sale dated October 26, 2010
(collectively, the "Purchase Agreement"). The Purchase Agreement provided for
the sale of the Property to Tailwind on the condition that Tailwind develop a
Class A professional office building on the Property. The Purchase Agreement
also required Tailwind make a $50,000 deposit to the City (the "Deposit").
Due to unforeseen circumstances, Tailwind has been unable to perform under
the Purchase Agreement. Further, after consideration of the needs of the City,
City Council has determined that the best use of the Property is for the
development of a hotel.
Staff has recommended that the Purchase Agreement be terminated, the Deposit
be returned to Tailwind, and the City issue a new solicitation for proposals
seeking development of the Property as a hotel.
■ Considerations: The Property is one of the few parcels in this area of the City
where zoning and Naval restrictions would permit the operation of a hotel A
hotel in this area would support the various educational, recreational and health
care uses in the Princess Anne Commons corridor.
■ Public Information: Advertisement of City Council Agenda.
■ Recommendations: Approval
■ Attachments: Ordinance, Location Map
Recommended Action: Approval
Submitting Department/Agency: Public Works / Real Estate
City Manager: �"4�t-rY
PA�
1 AN ORDINANCE (1) AUTHORIZING THE CITY
2 MANAGER TO TERMINATE THE PURCHASE
3 AGREEMENT BETWEEN THE CITY AND TAILWIND
4 DEVELOPMENT GROUP, L.L.C. AND (2)
5 DIRECTING THE CITY MANAGER TO SOLICIT
6 PROPOSALS FOR THE DEVELOPMENT OF A
7 HOTEL AT THE NORTHWEST CORNER OF
8 PRINCESS ANNE ROAD AND SOUTH
9 INDEPENDENCE BOULEVARD
to
11 WHEREAS, the City of Virginia Beach (the "City") owns the 4.25+/- parcel of
12 land located at the northwest corner of Princess Anne Road and S. Independence Blvd.
13 in Virginia Beach (GPIN: 1485-16-9065) (the "Property");
14
15 WHEREAS, in 2008 the City issued its Request for Proposals seeking a private
16 party to purchase and develop the Property (the "RFP");
17
18 WHEREAS, as a result of the RFP, the City and Tailwind Development Group,
19 L.L.C. ("Tailwind") entered into an Agreement of Sale dated November 16, 2009, as
2o amended by that certain First Amendment to Agreement of Sale dated March 1, 2010,
21 the Second Amendment to Agreement of Sale dated May 17, 2010, and the Third
22 Amendment to Agreement of Sale dated October 26, 2010 (collectively, the "Purchase
23 Agreement") for the development of the Property as a medical office complex;
24
25 WHEREAS, as set forth in the Purchase Agreement, Tailwind paid a deposit of
26 $50,000 to the City to be applied against the purchase price of $1,391,950 for the
27 Property;
28
29 WHEREAS, due to unforeseen circumstances, Tailwind has been unable to
30 purchase the Property. Furthermore, that City Council is of the opinion that the
31 development of a hotel on the Property would be in the City's best interests; and
32
33 WHEREAS, City Council desires the City Manager to solicit new proposals from
34 the general public to ensure it obtains the most advantageous terms for the sale and
35 development of the Property as a hotel.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH, VIRGINIA:
39
40 1. That the City Manager is hereby authorized to execute a Termination
41 Agreement to terminate the Purchase Agreement between Tailwind Development
42 Group, L.L.C. and the City, and return the $50,000 paid as a deposit, and such other
43 terms, conditions and modifications as maybe acceptable to the City Manager and in a
44 form deemed satisfactory by the City Attorney.
45 2. That the City Manager is directed to solicit new proposals for the development
46 of a hotel on the Property.
47
48 This ordinance shall be effective from the date of its adoption.
49
50 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
51 of 2012.
APPROVED AS TO CONTENT
blic Works / Real Estate
CA12403
\\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D008\P020\00041728. DOC
R-1
10/10/2012
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance declaring the property located at 405 Fountain Drive (GPIN 2407-
46-2671) and two adjoining lots (GPINs 2407-46-3607 and 2407-46-2753) to be
in excess of the City's needs and authorizing the City Manager to sell the
properties to Nicholson Properties, LLC.
MEETING DATE: October 23, 2012
■ Background: The City acquired 405 Fountain Drive and two adjacent lots in
April 2010 for $415,000 (the "Property"). The Property was purchased under the
Oceana and Interfacility Traffic Area Conformity & Acquisition Program (CIP 9-060).
The Property is zoned A-12 and had the potential for eight residential dwelling units.
The three lots were developed with a single-family home at the time of the City's
acquisition.
The APZ-1/CZ Master Plan designates the area as "transitional" and appropriate for
compatible commercial uses under the AICUZ guidelines. The APZ-1 Disposition
Committee has evaluated the parcels and determined they should be sold and
developed with a compatible use.
Nicholson Properties, LLC ("Nicholson") has agreed to purchase the Property and will
develop it with a 10,000 +/- square foot warehouse and distribution facility for East
Coast Appliance, an appliance and electronics dealer.
■ Considerations: The site shall be used for warehousing and distribution. The
proposed use is compatible with Section 1804 of the City Zoning Ordinance.
The agreement of sale will include specific design criteria, which shall be incorporated
as a deed restriction at closing.
■ Public Information: Advertisement of Public Hearing and advertisement of
City Council Agenda.
■ Alternatives: Retain ownership of land.
■ Recommendation: Approve the request.
■ Revenue restriction: The City funded the acquisition of the Property through
the partnership with the Commonwealth of Virginia. The proceeds from the sale
of the Property in the amount of $150,000 will be received and fifty percent (50%)
of the amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic
Area Conformity and Acquisition, and fifty percent (50%) will be deposited for
future payment by the City Manager to refund the Commonwealth's portion in
accordance with the grant agreement. A manual encumbrance will be
established to ensure that the $75,000 retained by the City will be available for
BRAC program acquisitions in future years, per agreement with the
Commonwealth.
■ Attachments: Ordinance, Location Map, Summary of Terms
Recommended Action: Approval of the ordinance
Submitting Department/Agency: Economic Development,;,
City Manager: k .
I AN ORDINANCE DECLARING THE PROPERTIES
2 LOCATED AT 405 FOUNTAIN DRIVE (GPIN: 2407-46-
3 2671) AND TWO ADJOINING LOTS (GPINS 2407-46-
4 3607 AND 2407-46-2753) TO BE IN EXCESS OF THE
5 CITY'S NEEDS O SED L AUTHORIZING THEPROPERTIES CITY
TO
6 MANAGER
7 NICHOLSON PROPERTIES, LLC.
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of three parcels of
l0 land located at 405 Fountain Drive and two adjoining lots, further described on Exhibit A
11 attached hereto and made a part hereof (the "Property");
12 pursuant to the Oceana and
13 WHEREAS, the City acquired the Property
14 Interfacility Traffic Area Conformity & Acquisition Program (CIP 9-060);
15
16 WHEREAS, the City funded the acquisition of the APZ-1 purchase through a
17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
18 contributing fifty percent (50%) of the purchase price;
19
20 WHEREAS, the Property is in an area designated for transitional use in the APZ-
21 1/Clear Zone Master Plan adopted by Council on April 1, 2008;
22
23 WHEREAS, the APZ-1 Disposition Committee has recommended that City
24 Council declare the Property to be in excess of the City's needs and sell the Property to
25 Nicholson Properties, LLC ("Nicholson");
26
27 WHEREAS, Nicholson will construct a new warehouse and distribution facility on
28 the Property to prescribed standards acceptable to the City, which is a use compatible
29 with Section 1804 of the City Zoning Ordinance;
30
31 WHEREAS, Nicholson will purchase the Property in accordance with the
32 Summary of Terms attached hereto as Exhibit B and made a part hereof; and
33
34 WHEREAS, the City Council is of the opinion that the Property is in excess of the
35 needs of the City of Virginia Beach.
36
37 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
38 OF VIRGINIA BEACH, VIRGINIA:
39
40 That the Property described on Exhibit A is hereby declared to be in excess of
41 the needs of the City of Virginia Beach and that the City Manager is hereby authorized
42 to execute any documents necessary to convey the Property to Nicholson Properties,
43 LLC, in substantial conformity with the Summary of Terms attached hereto as Exhibit B
44 and such other terms, conditions or modifications as may be acceptable to the City
45 Manager and in a form deemed satisfactory by the City Attorney.
Further, that the revenue from the sale of the Property in the amount of $150,000
shall be received and fifty (50) percent of this amount shall be appropriated to CIP #9-
060, Oceana Interfacility Traffic Area Conformity and Acquisition, and fifty (50) percent
shall be deposited for future payment by the City Manager to refund the
Commonwealth's portion in accordance with the grant agreement. A manual
encumbrance will be established to ensure that the $75,000 retained by the City will
available for BRAC program acquisitions in future years per the agreement with the
Commonwealth.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
.2012.
APPROVED AS TO CONTENT
APPROVED AS TO CONTENT
Aanagaem4en(Services
CA12401
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R-1
October 8, 2012
APPROVED AS TO LEGAL
SUFFICIENCY
Cit Ate ney
. EXHIBIT A
G PI N: 2407-46-2671
ALL THOSE certain lots, pieces or parcels of land,
with the buildings and improvements thereon, situate,
lying and being in the City of Virginia Beach, Virginia
and being known, numbered and designated as Lot
98 and Lot 99 as shown on the plat entitled "A Part of
Maxey Manor", which plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 27 at page 30.
GPIN: 2407-46-3607 and 2407-46-2753
All THOSE certain lots, pieces or parcels of land, with
the buildings and improvements thereon, situate, lying
and being in the City of Virginia Beach, Virginia and
being known, numbered and designated as Lot 100
and 101 as shown on the plat entitled "A Part of
Maxey Manor", which plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 27 at page 30.
LESS AND EXCEPT all right, title and interest of the
Grantor in and to any public road, public rights-of-
way, or public easements adjacent to the above -
referenced property.
IT BEING the same properties conveyed to the City of
Virginia Beach by Deed from East Coast Cedar Co.,
Inc. a Virginia corporation, dated April 12, 2010 and
recorded in the aforesaid Clerk's Office as Instrument
Number 20100430000403550.
EXHIBIT B
SUTAMARY OF TERMS
SALE OF EXCESS PROPERTY AT 405 FOUNTAIN DRIVE AND MAXEY MANOR
LOTS 100 & 101
SELLER: City of Virginia Beach
PURCHASER: Nicholson Properties, a Virginia limited liability company
PROPERTY: 405 Fountain Drive, GPIN: 2407-46-2671; Maxey Manor Lot
100, GPIN 2407-46-3607; Maxey Manor Lot 101, GPIN
2407-46-2753 and further described on Exhibit A to the
Ordinance.
SALE PRICE: $150,000
CONDITIONS OF SALE
• The Purchaser shall be responsible for rezoning the Property and applying
for an APZ-1 conditional use permit (if applicable) which will allow
warehousing and distribution in the zoning district.
• The Property shall be subdivided at the Purchaser's expense in order to
join the Property with the adjacent parcels and vacate the interior lot lines.
• The Purchaser shall construct a 10,000 +/-square foot warehouse and
distribution facility.
• The Purchaser shall submit a site plan for review and approval by the
Planning Department prior to settlement.
• The City retains the right to repurchase the property, less deposit, if
Purchaser does not construct within18 months of settlement.
• The Purchaser will conform to restrictive covenants and design criteria
regarding use, construction, materials, signage, parking, and landscaping.
ry��Fu,BFA;y`
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Establish the 2040 Vision to Action Community Coalition
Commission
MEETING DATE: October 23, 2012
■ Background: On January 11, 2011, the Envision Virginia Beach 2040
Committee was appointed by the Mayor to study and analyze current trends and forces
affecting the City. The Committee spent over 700 volunteer hours developing a
compelling, challenging, yet realistic vision of the future of Virginia Beach.
The report was presented to City Council May 15, 2012, outlining four Bold Steps that
are high level strategies or actions that stimulate other activates and move the
community, government, business, education and non -profits toward the vision.
City Council endorsed the vision on June 12, 2012 and directed the City Manager or
designee return to the City Council before the end of the calendar year with details for
the formation of a continuing body, appointed by City Council, to monitor and pursue the
report's vision of the future, to communicate with regional bodies, delegations, and
community groups.
■ Considerations: The attached resolution establishes the 2040 Vision to Action
Community Coalition Commission.
■ Public Information: Public information will be provided through the normal
Council agenda process.
■ Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency:
City Manager: V ,
Strategic Growth Area Office
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A RESOLUTION TO ESTABLISH THE 2040
VISION TO ACTION COMMUNITY
COALITION COMMISSION
WHEREAS, in January 2011, the Envision Virginia Beach 2040 Committee (the
"Committee") was appointed to study and analyze current trends and forces affecting
our community to determine the future of Virginia Beach in 2040; and
WHEREAS, the Committee reviewed community factors and considerations,
such as the military presence, safe and stable neighborhoods, transportation corridors,
quality of education, employment for future generations, agricultural reserve, cultural
opportunities, recreational opportunities, and technological changes; and
WHEREAS, the Envision Virginia Beach 2040 Committee report dated May 15,
2012, includes broad areas of focus and provides an expanded description of the
desired future; and
WHEREAS, The City Council endorsed the report -on June 12, 2012 as a positive
and inclusive vision of the future and directed the City Manager or his designee to
return to the City Council before the end of the calendar year with details for the
formation of a continuing body, appointed by City Council, to monitor and pursue the
report's vision of the future, to communicate with regional bodies, delegations, and
community groups, and to pursue the report's bold steps for Regionalism, Early
Childhood Education, Transportation, and the Vision to Action Community Coalition.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
The City Council herby establishes an ongoing 2040 Vision to Action Community
Coalition Commission ("the Commission").
BE IT FURTHER RESOLVED, THAT:
The Commission will monitor and measure the planning and implementation of
the Envision Virginia Beach 2040 report and communicate that vision with regional
bodies, delegations and community groups.
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:
`►�
Strategic GTMA Area Offil
CA12455
R-3
October 17, 2012
min s y
^l
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Approve Establishment of Emergency Medical Response, LLC in
Virginia Beach and to Approve an Annual EMS Permit for Providing Private
Ambulance Services
MEETING DATE: October 23, 2012
■ Background: Code of Virginia Section 15.2-955 requires City Council to
approve, by resolution, the establishment of any emergency medical service
organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia
Section 32.1-111.14 and City Code Section 10.5-2 require such an organization to
obtain an annual permit authorizing its operation. The required annual permit must be
granted by City Council.
■ Considerations: The required application has been processed by the
Department of Emergency Medical Services for the operation of a private permitted
EMS agency. The Department of Emergency Medical Services is recommending
approval of both the establishment and operation of Emergency Medical Response,
LLC in Virginia Beach as necessary to assure the provision of adequate and continuing
emergency services and to preserve protect and promote the public health, safety and
general welfare. This permit will be effective immediately and until June 30, 2013.
■ Public Information: Public information will be handled through the normal
agenda process. Additionally, under the provisions of Code of Virginia Section 32.1-
111.14, a public hearing must be held prior to acting upon the resolution. The public
hearing may be held on the same day the resolution comes before Council for a vote.
Recommendations: Approve Resolution.
N Attachments: Resolution.
Recommended Action: Approval
Submitting Department/Agency: Department of Emergency Medical Servi``'
City Manager:
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A RESOLUTION TO APPROVE ESTABLISHMENT OF
EMERGENCY MEDICAL RESPONSE, LLC IN VIRGINIA
BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR
PROVIDING PRIVATE AMBULANCE SERVICES
WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must
approve the establishment of an emergency medical service organization in the City of
Virginia Beach; and
WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code §
10.5-2 , any individual or organization that desires to operate an emergency medical
services agency or emergency medical services vehicles in Virginia Beach for emergency
transport or non -emergency transport purposes must apply for a permit; and
WHEREAS, a request for establishment and an application for a permit has been
received from Emergency Medical Response, LLC; and
WHEREAS, this request and application has been recommended for approval by
the Virginia Beach Department of Emergency Medical Services-, and
WHEREAS, City Council finds the approval of this request and application is in the
best interests of the citizens of Virginia Beach as it will assure continued and adequate
emergency services and will preserve, protect and promote the public health, safety and
general welfare of the citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the request of Emergency Medical Response, LLC for the establishment of its
emergency medical service in the City of Virginia Beach, and its application for an annual
EMS permit for providing private EMS ambulance services in the City of Virginia Beach is
hereby approved and granted, effective immediately and until June 30, 2013.
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:
Emer ency Medical Services City At y's ice
CA12447
R-1
October 3, 2012
•i
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Funds and to Transfer Funds from Various Capital
Projects to Capital Project #9-081, Strategic Growth Area Projects to be Used
within the Burton Station SGA — Burton Station Village (Phase 1)
MEETING DATE: October 23, 2012
■ Background: The top priority of the Burton Station SGA plan is the development
of the Burton Station Village. Burton Station Village, Phase I, includes new water and
sanitary sewer service, removal of overhead power lines, new streetlights and new
street and streetscape improvements. The project is funded in the Strategic Growth
Area CIP #9-081. The project has made great progress with the bid documents
complete and staff actively acquiring the needed property for the improvements.
Through this effort it has become clear the acquisition costs related to the street
improvements exceed estimates. Additionally, funding for stormwater improvement
needs to be increased. Following the August Council Retreat, staff was directed to
identify $2,500,000 to transfer into the Burton Station Village, Phase I.
■ Considerations: Funding is proposed from a combination of transfers and
appropriation of miscellaneous revenues. Transfers to totaling $1,000,000 have been
identified in existing SGA capital projects: #9-504 Newtown Strategic Growth Area
$330,000, #9-505 Pembroke Strategic Growth Area $335,000 and #9-506 Rosemont
Strategic Growth Area $335,000. Additional funding identified by the annual review
conducted by the Department of Finance to close-out capital projects in the City's
financial system has located $1,133,372 from closed projects that are available for
reallocation. Also, the Finance identified $366,628 from interest on deposits, and
miscellaneous revenues including construction plan review fees, and cash proffers. All
of these funds would usually be incorporated into the upcoming CIP, but are being
recommended now to assist in funding the additional costs for Burton Station Village
(Phase 1).
■ Public Information: Information will be disseminated through the regular Council
agenda notification process.
■ Recommendation: Approve the attached capital budget amendment
■ Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Strategic Growth Area Office
City Manager:
1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO
2 TRANSFER FUNDS FROM VARIOUS CAPITAL
3 PROJECTS TO CAPITAL PROJECT #9-081, STRATEGIC
4 GROWTH AREA PROJECTS TO BE USED WITHIN THE
5 BURTON STATION SGA - BURTON STATION VILLAGE
6 (PHASE 1)
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8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA, THAT:
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11 1. The following funds in the amounts shown are hereby transferred to CIP
12 #9-081 Strategic Growth Area Projects for Northampton Boulevard Burton Station SGA -
13 Burton Station Village Phase I:
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15 a. $330,000 from CIP #9-504, Newtown Strategic Growth Area;
16 b. $335,000 from CIP #9-505 Pembroke Strategic Growth Area;
17 c. $335,000 from CIP #9-506 Rosemont Strategic Growth Area; and
18 d. $1,133,372 is hereby transferred from various closed capital projects,
19 the remaining balances are located in the 540 Fund, 529 Fund, and
20 497 Fund; and
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22 2. $366,628 is hereby appropriated from interest on deposits and other
23 miscellaneous revenues including construction plan review fees and cash proffers, with
24 estimated revenues increased accordingly, to CIP #9-081 Strategic Growth Area
25 Projects for Northampton Boulevard Burton Station SGA -Burton Station Village Phase I.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of )2012.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT
Management Services
CA12451
R-2
October 17, 2012
APPOROVED AS TO LEGAL SUFFICIENCY:
I J ,
qty e s ffice
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Fund Balance of the DEA Shared Asset Special
Revenue Fund for Police Equipment, Training, and Contractual Services
MEETING DATE: October 23, 2012
■ Background: The Police Department requests the use of $287,000 from the
fund balance of the DEA Shared Asset Special Revenue Fund to purchase the following
priority equipment and services that have not been funded through the operating
budget:
• Annual continuation license for the Police Online Training System ($43,000);
• 40 additional/replacement electronic control devices ($80,0.00);
• Audio/video equipment for police interview room ($5,000);
• 20 additional digital in -car camera systems ($84,000);
• Training and Leadership Development funding ($25,000); and
• Professional services for a promotional process for the rank of sergeant to
include assessment center ($50,000).
■ Considerations: There is sufficient fund balance in the DEA Shared Asset
Special Revenue Fund to cover this cost. According to the Department of Justice, these
funds are to be used to provide law enforcement agencies monetary resources to assist
in accomplishing their mission.
■ Public Information: Public information would be made available through the
normal Council Agenda process.
■ Recommendation: Approve the attached budget amendment.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/A}/gency: Police Department CN --P I r -
City Manager: r .
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AN ORDINANCE TO APPROPRIATE FUND BALANCE OF
THE DEA SHARED ASSET SPECIAL REVENUE FUND FOR
POLICE EQUIPMENT, TRAINING, AND CONTRACTUAL
SERVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $287,000 is hereby appropriated, with estimated revenues increased
accordingly, from the fund balance of the DEA Shared Asset Special Revenue Fund to the
FY 2012-13 Operating Budget of the Police Department to purchase various equipment
and services for the Police Department.
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
Management Services City A e ' ice
CA12452
R-1
October 11, 2012
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Monies from the Fund Balance of the General Fund
to the Department of Human Services to Provide a Grant to the Virginia Beach
Community Trust
MEETING DATE: October 23, 2012
■ Background: The Department of Human Services (DHS) requests the use of a
portion of fund balance remaining from when the department was classified as a special
revenue fund. Since the elimination of the Mental Health Special Revenue Fund in FY
2005, these funds have been held in the fund balance of the General Fund and are
designated for Human Services programs and purposes.
DHS requests the use of a portion of the fund balance to provide a grant to Virginia
Beach Community Trust, Exempt Fund, (the "Community Trust"), a non-profit agency
that owns and helps to support 3705 Gresham Court (the "Facility"). The Community
Trust has been a partner in the DHS Supportive Living Program (the "Program"). The
Community Trust will use the $95,000 in grant funds and its own funds to improve the
Facility including: to add an additional bedroom; convert some of the existing bedrooms
and bathrooms to "barrier free" (ADA compliant) rooms; and to replace the HVAC
system for the residence. The additional bedroom will be used to house an intellectually
disabled individual.
■ Considerations: There are no additional FTEs required as part of this request.
DHS does receive Medicaid reimbursements as part of the Program. As with all such
reimbursements, the funds will be used for Program purposes. The funding will enable
Department of Human Services to generate revenue of $71,000 from Medicaid on an
annual basis. The estimated annual cost is approximately $29,000, leaving the
remainder of estimated net revenue totaling $42,000.
■ Public Information: The use of funds was endorsed by the Community Services
Board at its May 2012 meeting. Public information will be coordinated through the
normal Council agenda process.
■ Recommendation: Approve the attached budget amendment and grant to the
Community Trust.
■ Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Human Services
City Manage'. ���,
1 AN ORDINANCE TO APPROPRIATE MONIES FROM THE
2 FUND BALANCE OF THE GENERAL FUND TO THE
3 DEPARTMENT OF HUMAN SERVICES TO PROVIDE A
4 GRANT TO THE VIRGINIA BEACH COMMUNITY TRUST
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7 That $95,000 is hereby appropriated from the fund balance of the General Fund,
8 with revenues from fund balance increased accordingly, to the FY 2012-13 Operating
9 Budget of the Department of Human Services to provide grant funding to the Virginia
10 Beach Community Trust, Exempt Fund, to allow the renovation of a residence located at
11 3705 Gresham Court as part of the Supportive Living Program.
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:
JP
Manage ent Services CffyAttoFrWd Office
CA12454
R-1
October 11, 2012
L. PLANNING
1. Application of RANDEE MARIE HOLMES/THOMAS and RANDEE HOLMES for
Modification of Conditions Nos. 2 and 5 (approved by City Council on August 13, 2002) re
child day care at 1952 Blue Knob Road
DISTRICT 1 — CENTERFIELD
RECOMMENDATION
APPROVAL
2. Application of DIANE L. McEWEN for a Conditional Use Permit re child day care at 616
Connie Way
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
:"19,•
3. Application of AMANDA JEANS/THOMAS J. and AMANDA I. JEANS for a Conditional
Use Permit re residential kennel at 4677 Ardmore Lane
DISTRICT 1 - CENTERVILLE
STAFF RECOMMENDATION
PLANNING COMMISSION RECOMMENDATION
APPROVAL
DENIAL
,!�it11A'9E,t�.
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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, 2401 Courthouse Drive,
Virginia Beach, Virginia, on Tuesday,
October 23, 2012, at 6:00 PM, at
which time a Public Hearing to
consider the following applications
will be held:
CENTERVILLE DISTRICT
Randee Marie Holmes / Thomas &
Randee Holmes Application:
Modification of Conditions (Child Day
Care in Home) at 1952 Blue Knob
Road (GPIN 1464092059).
Amanda Jeans / Thomas J. &
Amanda I. Jeans Application:
Conditional Use Permit (Residential
Kennel) at 4677 Ardmore Lane (GPIN
1475430733).
KEMPSVILLE DISTRICT
Diane L. McEwen Application:
Conditional Use Permit (Child Day
Care in Home) at 616 Connie Way
(GPIN 1468505576).
All interested parties 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
htt{1:,'iwtivw.vbgov.com/cc For
information call 385-4621.
If you are physically disabled or
visually Impaired and need
assistance at this meeting, please
call the CRY CLERK'S OFFICE at 385-
4303.
Ruth Hodges Fraser, MMC
City Clerk
Beacon October 7 & 14, 2012
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: RANDEE MARIE HOLMES / THOMAS & RANDEE HOLMES, Modification of
Conditions (Child Day Care in Home), 1952 Blue Knob Road (GPIN 1464092059).
CENTERVILLE DISTRICT.
MEETING DATE: October 23, 2012
■ Background:
A Conditional Use Permit permitting the home occupation of a child day care was
approved by the City Council on August 13, 2002. The Conditional Use Permit
has 7 conditions. Condition 1 limits the number of children permitted with the
daycare operation to 10 and limits no more than 5 children under the age of 2 Y2
at any time. The applicant's request is to modify these limits by increasing the
number of children permitted to 12 and to allow the Virginia Department of Social
Services (DSS) to utilize the DSS regulations to determine the specific number of
children allowed within an age group.
■ Considerations:
The existing single-family dwelling contains approximately 5,000 square feet, and
the fenced rear yard is of ample size to accommodate the children. There is,
however, no specific floor area requirement for the number of children permitted
in a home. DSS determines the capacity of a family day home based on various
factors provided in State Board of Social Services' Standards for Licensed Family
Day Homes (adopted July 2010). Thus, the final determination of the maximum
number of children will be made by the DSS. The Department of Social Services
is responsible for ensuring quality care for the children. A family day home (child
daycare) is subject to licensure when 6 to12 children, exclusive of the provider's
own children and any children who reside in the home, are provided care at any
one time. The licensed capacity is the number of children allowed in care at any
one time. The number of children permitted based on age is determined by a
point system developed by the Virginia Department of Social Services (DSS).
The applicant is requesting that the number of children under her care be
increased from 10 to 12 and that the ages of those children be determined by the
Social Services point system.
The applicant's purpose in seeking approval of this Use Permit prior to DSS
making the above -noted determinations is to meet the requirement of DSS that
the proposal complies with the regulations of the Zoning Ordinance.
There was no opposition to the request.
Randee Marie Holmes
Page 2 of 2
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council with the following conditions:
1. All conditions with the exception of Number 1 attached to the Conditional Use
Permit granted by the City Council on August 13, 2002, shall remain in effect.
2. Condition Number 1 of the August 13, 2002, Conditional Use Permit is
deleted and replaced with the following:
The home daycare shall be limited to a total of twelve (12) children and
the permitted number of children based on age shall be as set forth by the
Virginia Department of Social Services.
■ 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: t ice-,
CENTERVILLE
12
September 12, 2012 Public Hearing
APPLICANT:
RANDEE M.
HOLMES
PROPERTY OWNER:
THOMAS AND
RANDEE HOLMES
STAFF PLANNER: Carolyn A. K. Smith
REQUEST:
Modification of a Conditional Use Permit for Home Occupation (home daycare) - approved by the City Council
on August 13, 2002.
ADDRESS / DESCRIPTION: 1952 Blue Knob Road
GPIN:
Randce MaHe Holnies
SITE SIZE:
AICUZ:
14640920590000
{T.- _
12,377 square feet
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Modification of Conditions
12
September 12, 2012 Public Hearing
APPLICANT:
RANDEE M.
HOLMES
PROPERTY OWNER:
THOMAS AND
RANDEE HOLMES
STAFF PLANNER: Carolyn A. K. Smith
REQUEST:
Modification of a Conditional Use Permit for Home Occupation (home daycare) - approved by the City Council
on August 13, 2002.
ADDRESS / DESCRIPTION: 1952 Blue Knob Road
GPIN:
ELECTION DISTRICT:
SITE SIZE:
AICUZ:
14640920590000
CENTERVILLE
12,377 square feet
Less than 65 dB DNL
SUMMARY OF REQUEST
The Conditional Use Permit permitting the home occupation of
a daycare was approved by the City Council on August 13, 2002. The Conditional Use Permit has 7
conditions listed below.
1. The home daycare shall be limited to a total of 10 children other than children living in the home.
There shall be no more than 5 children under the age of 2'/2 in the home at one time.
2. No more than one person other than a relative residing in the home shall be employed by the
home daycare.
3. A fence shall be maintained at all times to create an enclosed play area.
4. Any loose materials or equipment or machines in the front, side, or rear yards shall be removed
or stored in an enclosed building.
5. No signs advertising the home daycare shall be permitted on the lot or buildings on the lot at any
time.
6. The applicant shall maintain a family daycare home license with the Commonwealth of Virginia.
Failure to maintain a family daycare home license shall terminate this conditional use permit.
7. The applicant shall receive a Certificate of Occupancy from the Building Official for the home
daycare/residential use.
Condition 1 limits the number of children permitted with the daycare operation to 10 and limits no more
than 5 children under the age of 2'/z at any time. The current request is to modify these limits by
increasing the number of children permitted to 12 and allowing the specific number of children based on
age be determined by the standards established by the Virginia Department of Social Services.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Single-family dwelling
SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential District
USE AND ZONING: South: . 120 -foot wide Virginia Power easement / R-7.5
• Residential District
East: . Single-family dwellings / R-7.5 Residential District
West: . Single-family dwellings / R-7.5 Residential District
NATURAL RESOURCE AND There are no significant environmental resources on this site as it is
CULTURAL FEATURES: currently developed as a single-family lot.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The
general planning principles for the Suburban Area focus on preserving and protecting the overall character,
economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been
established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and
protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes
compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill
development and conditions on places of special care and home occupations. Achieving these goals requires
that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood
through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility,
environmental responsibility, livability, and effective buffering with respect to type, size, intensity and
relationship to the surrounding uses
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Blue Knob
Road is considered a two-lane undivided local street. There are no Roadway CIP Projects programmed for
this roadway.
TRAFFIC:
Street Name
Present Volume
Present Capacity
Generated Traffic
Blue Knob Road
No Data
N/A
Existing Land Use — 45
Available
ADT
Proposed Land Use 2— 54
ADT
Average Daily Trips
' as defined by 10 children in home daycare plus single-family dwelling
las defined by 12 children in home daycare plus single-family dwelling
WATER & SEWER: There is a six-inch water main in Blue Knob Road fronting the property. This site is
already connected to both City water and sewer.
EVALUATION AND RECOMMENDATION
The Department of Social Services is responsible for ensuring quality care for the children. A family day home
(child daycare) is subject to licensure when 6 to12 children, exclusive of the provider's own children and any
children who reside in the home, are provided care at anyone time. The licensed capacity is the number of
children allowed in care at any one time. The number of children permitted based on age is determined by a
point system developed by the Virginia Department of Social Services (DSS). The applicant is requesting that
the number of children under her care be increased from 10 to 12 and that the ages of those children be
determined by the Social Services point system.
The existing single-family dwelling, approximately 5,000 square feet and the fenced rear yard is of ample size
to accommodate the children. There is no specific floor area requirement for the number of children permitted
in a home. DSS determines the capacity of a family day home based on various factors provided in State
Board of Social Services' Standards for Licensed Family Day Homes (adopted July 2090). Thus, the final
determination of the maximum number of children will be made by the DSS.
The applicant's purpose in seeking approval of this Use Permit prior to these determinations being made by
DSS is to meet the requirement of DSS that the proposal complies with the regulations of the Zoning
Ordinance.
Staff concludes that the applicant's request will not adversely impact any surrounding properties and is
consistent with the recommendations of the Comprehensive Plan for the Suburban Area. Approval of the
requested modification is recommended subject to the following conditions.
CONDITIONS
1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the
City Council on August 13, 2002, shall remain in effect.
2. Condition Number 1 of the August 13, 2002, Conditional Use Permit is deleted and replaced with the
following:
The home daycare shall be limited to a total of twelve (12) children and the permitted number of
children based on their ages shall be as set forth by the Virginia Department of Social Services.
RANDEE'M. HOLMES
Agenda Item 12
Page 3
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
RANDEE M. HOLMES
Agenda Item 12
Page 4
AERIAL OF SITE LOCATION
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CL
BUJ
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: DIANE L. McEWEN, Conditional Use Permit (Child Day Care in Home), 616
Connie Way (GPIN 1468505576). KEMPSVILLE DISTRICT.
MEETING DATE: October 23, 2012
■ Background:
The applicant requests a Conditional Use Permit to allow use of the site for an in-
home child day care. Currently, the applicant cares for five children at this site.
With the growing local demand for child care, she has been asked by potential
customers to care for three more children. While the immediate need is only an
additional three children, resulting in eight children total, the applicant is
requesting a total of ten children to provide for potential future requests.
■ Considerations:
The hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. The
service is available during public school vacation periods, including winter,
spring, and summer breaks, but is closed on all major holidays. Drop-off and
pick-up are staggered throughout the day; there is typically only one car at a time
parked on the street or in the driveway. On the opposite side of the street from
the applicant is the backyard of another lot; thus, potential disturbance to
neighbors due to traffic issues during drop-off and pick-up is minimized.
The site plan shows the dwelling with an appropriately sized backyard for
children to play outside. A wooden fence is located along the rear lot line and a
chain-link fence is located along both side lot lines up to the rear corners of the
house, completely fencing the backyard from the front. The owner has a small
storage shed located to the side of the backyard. For the children, there is a
small gardening area, paved basketball area, and outdoor play equipment. Tall
trees along the rear lot line provide shade for the children throughout the day as
well as act as a buffer to adjacent yards.
The applicant's request that the number of children under her care be increased
from five to ten will be evaluated by the Department of Social Services (DSS).
The DSS makes a final determination regarding the licensed capacity of the
family day care. DSS determines the capacity of a family day home based on
various factors provided in the State Board of Social Services' Standards for
Licensed Family Day Homes (adopted July 2010). Additionally, the ages of the
children to be cared for will be determined by a point system developed by DSS.
Diane L. McEwen
Page 2 of 2
The applicant's purpose in seeking approval of this Use Permit prior to the
above -referenced determinations being made by DSS is to meet the requirement
of DSS that the proposal complies with the regulations of the Zoning Ordinance.
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council with the following conditions:
1. The home daycare shall be limited to a total of ten (10) children, other than
children living in the home.
2. Hours of operation shall be limited to Monday through Friday 6:00 a.m. to
6:00 p.m.
3. No more than one (1) person, other than the applicant, shall be employed by
the home daycare.
4. A fence, to be maintained in good condition at all times, shall enclose the
outdoor play area. The fence shall meet the requirements of the Virginia
Department of Social Services.
5. No signs advertising the home daycare shall be permitted on the lot or any
structure on the lot at any time.
6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to
maintain said license in good standing shall result in revocation of this Use
Permit.
7. The applicant shall obtain all necessary permits and inspections from the
Planning Department / Permits and Inspections Division. The applicant shall
secure a Certificate of Occupancy from the Building Official for home daycare
use.
■ 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
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CUP for Child Da Care in Home
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REQUEST:
Conditional Use Permit (Child Day Care in Home)
ADDRESS / DESCRIPTION: 616 Connie Way
11
September 12, 2012 Public Hearing
APPLICANT AND
PROPERTY OWNER:
DIANE L. MCEWEN
STAFF PLANNER: Kristine Gay
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14685055760000 KEMPSVILLE 12,000 square feet Less than 65 dB DNL
The applicant requests a Conditional Use Permit to allow use SUMMARY OF REQUEST
of the site for an in-home daycare. Currently, the applicant
cares for five children at this site. With the growing local demand for child care, she has been asked to
care for three more children. While the immediate need is only an additional three children, resulting in
eight children total, the applicant is requesting a total of ten children to provide for potential future
requests.
The hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. The service is available during
public school vacation periods, including winter, spring, and summer breaks, but is closed on all major
holidays. Drop-off and pick-up are staggered throughout the day; there is typically only one car at a time
parked on the street or in the driveway. On the opposite side of the street from the applicant is the
backyard of another lot; thus, potential disturbance to neighbors due to traffic issues during drop-off and
pick-up is minimized.
The site plan shows the dwelling with an appropriately sized backyard for children to play outside. A
wooden fence is located along the rear lot line and a chain-link fence is located along both side lot lines
up to the rear corners of the house, completely fencing the backyard from the front. The owner has a
small storage shed located to the side of the backyard. For the children, there is a small gardening area,
paved basketball area, and outdoor play equipment. Tall trees along the rear lot line provide shade for
the children throughout the day as well as act as a buffer to adjacent yards.
DIANE L. MCEWEN
Agenda Item 11
Page 1
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Single-family Residential
SURROUNDING LAND North: Single-family homes / R-7.5 Residential District
USE AND ZONING: South: . Single-family homes / R-7.5 Residential District
East: . Single-family homes / R-7.5 Residential District
West: Single-family homes / R-7.5 Residential District
NATURAL RESOURCE AND The site is a relatively flat and grassy area. Large deciduous trees exist
CULTURAL FEATURES: in the lot between the rear lot line and the back fence.
COMPREHENSIVE PLAN: Suburban Area
The subject site is located within the Suburban Area, as designated by the Comprehensive Plan. This site is
located east of the Lake Edward Suburban Focus Area (SFA). The guiding principles of Suburban Areas are to
preserve neighborhood quality; create and protect open spaces; and connect suburban mobility.
CITY SERVICES
There are no significant impacts anticipated from this proposal.
This site is connected to both City water and sewer.
EVALUATION AND RECOMMENDATION
The Department of Social Services is responsible for ensuring the quality of the care provided to the
children. A family day home is subject to licensure when 6 to 12 children, exclusive of the provider's own
children and any children who reside in the home, are provided care at any one time.
The applicant's request that the number of children under her care be increased from five to ten will be
evaluated by the Department of Social Services (DSS). The DSS makes a final determination regarding
the licensed capacity of the family day care. The existing single-family dwelling, consisting of
approximately 1,600 square feet, and the fenced rear yard are of ample size to accommodate the
children. There is, however, no specific floor area requirement for the number of children permitted in a
home at any one time. DSS determines the capacity of a family day home based on various factors
provided in the State Board of Social Services' Standards for Licensed Family Day Homes (adopted July
DIANE L. MCEWEN
Agenda Item .11
Page 2
2010). Additionally, the ages of the children to be cared for will be determined by a point system
developed by DSS.
The applicant's purpose in seeking approval of this Use Permit prior to these determinations being made
by DSS is to meet the requirement of DSS that the proposal complies with the regulations of the Zoning
Ordinance. Staff concludes that the applicant's request will not adversely impact any surrounding
properties and is consistent with the recommendations of the Comprehensive Plan for the Suburban
Area.
Approval of the application is recommended subject to the following conditions.
CONDITIONS
1. The home daycare shall be limited to a total of ten (10) children, other than children living in the home.
2. Hours of operation shall be limited to Monday through Friday 6:00 a.m. to 6:00 p.m.
3. No more than one (1) person, other than the applicant, shall be employed by the home daycare.
4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence
shall meet the requirements of the Virginia Department of Social Services.
5. No signs advertising the home daycare shall be permitted on the lot or any structure on the lot at any
time.
6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in
good standing shall result in revocation of this Use Permit.
7. The applicant shall obtain all necessary permits and inspections from the Planning Department /
Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the
Building Official for home daycare use.
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.
DIANE L. MCEWEN
Agenda Item 11
Page 3
;iS IS TO CERTIFY THAT I ON AUGUST 8 ,2001 SURVEYED THE PROPERTY
SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHI TITLE LINES
AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDING f SHOWN.
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NAP FOR THE an OF MRarRA WE
VIRGINIA BEACH VIRGINIA MJIL211, P.54
COMM. NO. 5155]1- 0018E
DATED: 12/5/96
OR
TERRY LEE HUBBARD & DIANE McEVEN
WASE FLOOD E1EV._AWN
BY I FIELD BOOK
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AUGUST 8 2001 1 - 20' 1 J.R. 1 218
DENNIS J. GER111T2, P.C.
500 CENTRAL DRIVE, SUITE 113
VIRGINIA BEACH, VIRGINIA 23454 PH. 498-1021
PROPOSED SITE PLAN
KEMPSVILLE
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'Zoning with Conditions,Protters, open CUP for Child Day Care in Home
Space Promotion or PDH -2 Overlays
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
06/01/2012
Conditional Rezoning
Pendin
2
05/22/2007
Conditional RezoningA
roved
3
05/22/2007
Street Closure
Approved
4
12/11/2003
Subdivision Variance
Approved
5
05/08/2001
Conditional Use Permit — Church - self standing
Denied
6
02/09/1999
Planned Development
Approved
DIANE L. MCEWEN
Agenda Item 11
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)
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 a 3DJoyee of theeity of Virginia Beach have an interest in the
subject land? Yes U No
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Use Permit Application
Page 9 of 10
ao„�oa 711nnn7
DISCLOSURE STATEMENT
DIANE L. MCEWEN
Agenda (tern 11
Page_7
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (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 employQes 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.
/ %n L` w' i -L� I IR fJ G L. Mc -Ewe rt
Applicant's Signature Print Name
Property Owner's Signature (if different than applicant) Print Name
Conditional Use Permit Application
Page 10 of 10
Revised 7/3/2007
DISCLOSURE STATEMENT
Item #11
Diane L. McEwen
Conditional Use Permit
616 Connie Way
District 2
Kempsville
September 12, 2012
CONSENT
An application of Diane L. McEwen for a Conditional Use Permit for child care in home
on property located at 616 Connie Way, District 2, Kempsville. GPIN:
14685055760000.
CONDITIONS
1. The home daycare shall be limited to a total of ten (10) children, other than children
living in the home.
2. Hours of operation shall be limited to Monday through Friday 6:00 a.m. to 6:00 p.m.
3. No more than one (1) person, other than the applicant, shall be employed by the
home daycare.
4. A fence, to be maintained in good condition at all times, shall enclose the outdoor
play area. The fence shall meet the requirements of the Virginia Department of Social
Services.
5. No signs advertising the home daycare shall be permitted on the lot or any structure
on the lot at any time.
6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to
maintain said license in good standing shall result in revocation of this Use Permit.
7. The applicant shall obtain all necessary permits and inspections from the Planning
Department / Permits and Inspections Division. The applicant shall secure a
Certificate of Occupancy from the Building Official for home daycare use.
Item #11
Diane L. McEwen
Page 2
NOTE: Further conditions may be required during the administration of applicable
City Ordinances and Standards. Any site plan submitted with this application may
require revision during detailed site plan review to meet all applicable City Codes and
Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a
Certificate of Occupancy, are required before any uses allowed by this Use Permit are
valid.
The applicant is encouraged to contact and work with the Crime Prevention Office
within the Police Department for crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and strategies as they pertain to
this site.
By a vote of 9-0, the Commission approved item 11 for consent.
The applicant Diane McEwen appeared before the Commission.
AYE 9 NAY 0 ABS 0 ABSENT 2
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
ABSENT
REDMOND
AYE
RIPLEY
ABSENT
RUCINSKI
AYE
RUSSO
AYE
THORNTON
AYE
By a vote of 9-0, the Commission approved item 11 for consent.
The applicant Diane McEwen appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: AMANDA JEANS / THOMAS J. & AMANDA I. JEANS, Conditional Use
Permit (Residential Kennel), 4677 Ardmore Lane (GPIN 1475430733).
CENTERVILLE DISTRICT.
MEETING DATE: October 23, 2012
■ Background:
The applicant requests a Conditional Use Permit to allow eight dogs in a
residential single-family dwelling. The applicant currently has eight Shih Tzu
dogs. This breed ranges in size from 8 to 11 inches in height and weighs
between 9 to 16 lbs. The dogs range in age from 1 year to 3 years. The
applicant does not plan on breeding any of the dogs.
The Zoning Ordinance requires a Conditional Use Permit for a residential kennel
when there are more than four dogs.
■ Considerations:
Section 223 of the Zoning Ordinance, which regulates this use, requires that the
area of a parcel used as a residential kennel be located 100 feet or more from
the property line of any adjacent lot, except where the animals are kept in
soundproof, air-conditioned buildings. The applicant has indicated that the dogs
remain inside the dwelling a majority of the time. A fenced backyard does provide
an outdoor area for the dogs.
There were two reports to Animal Control (Police Department) for animal -related
issues. One report was for barking dogs, but upon arrival, Animal Control found
no dogs were barking. A warning was issued. The second report was a domestic
disturbance that pertained to the dogs; no action was taken as a result of the
report. No complaints have been reported to the Zoning Office of the Planning
Department.
Since the purpose of the Conditional Use Permit is to provide controls for "certain
uses which, by their nature, can have an undue impact upon or be incompatible
with other uses of land within a given zoning district," staff's evaluation of the
applicant's request focuses solely on the land use issues that pertain to a
residential kennel. Section 223 of the Zoning Ordinance specifically addresses
use of a property as a residential kennel.
Amanda Jeans
Page 2of3
Section 223 states:
Except where animals are kept in soundproof, air-conditioned buildings,
no structure or area occupied by such animals, whether in animal
hospitals, pounds, shelters, commercial or residential kennels, shall be
within one hundred (100) feet of the property line of any adjacent lot. At
least one (1) off-street parking space per four hundred (400) square feet of
floor area shall be provided. However, in residential kennels, this off-street
parking requirement shall not apply but shall be as specified in the
conditional use permit.
The applicant meets these land use specific requirements.
Staff has, however, received notice of opposition from residents in close
proximity to the applicant's property. Based on the concern of these residents
regarding possible disruption in the quality of life to those living in close proximity,
staff is recommending a condition that a one year administrative review be
performed to monitor any future complaints.
There was opposition to the request.
■ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 8-1,
recommended denial of the request to the City Council.
Should the City Council grant the Use Permit request, the following conditions
are recommended:
Unless otherwise limited by Animal Control, this Conditional Use permit shall
be limited to only those specific eight (8) Shih Tzu identified by the applicant.
At such time as these identified dogs die, no other dog(s) of any kind, gender,
age, or breed shall be permitted on the property to replace the identified eight
dogs, notwithstanding that the applicant may have a maximum of four dogs as
permitted by the Zoning Ordinance without a Use Permit.
2. The applicant shall ensure that the dogs maintain all required shots and are
properly licensed through the City of Virginia Beach.
3. All dogs, when outside of the home, shall be supervised and shall not be a
nuisance to any other property owners or residents.
4. All animal waste shall be collected and disposed of in a lawful manner on a
daily basis.
5. The existing solid fence shall be maintained in good condition.
6. This Conditional Use Permit is approved for a period of one year with an
Amanda Jeans
Page 3 of 3
administrative review by the Zoning Administrator in consultation with Animal
Control. The Conditional Use Permit shall continue thereafter with an annual
renewal (if deemed appropriate by the Zoning Administrator).
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Letters submitted at Planning Commission Hearing
Location Map
Recommended Action: Staff recommended approval. Planning Commission
recommends denial.
Submitting Department/Agency: Planning Department
City Manager: �.•
:ENTERVILLE
Spuc. Prorrorion or PlkF2 Arrbp CUP for Residential Kennel
REQUEST:
Conditional Use Permit (Residential Kennel)
ADDRESS / DESCRIPTION: 4677 Ardmore Lane
9
September 12, 2012 Public Hearing
APPLICANT:
AMANDA JEANS
PROPERTY OWNER:
THOMAS AND
AMAN DA J EANS
STAFF PLANNER: Karen Prochilo
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14794365930000 CENTERVILLE 7,498 square feet Less than 65 dB DNL
SUMMARY OF REQUEST
This is a request for a Conditional Use Permit to allow eight dogs in a residential single-family dwelling.
The applicant currently has eight Shih Tzu. This breed ranges in size from 8 to 11 inches in height and
weighs between 9 to 16 lbs. A majority of the time, the dogs remain inside the home. A fenced yard does
provide an outdoor area for the dogs.
The Zoning Ordinance requires a Conditional Use Permit for a residential kennel for more than four dogs.
EXISTING LAND USE: Single-family dwelling
SURROUNDING LAND North
USE AND ZONING:
South:
LAND USE AND PLAN INFORMATION
• Ardmore Lane
• Single-family dwellings / R7.5 Residential District
• Single-family dwellings / R7.5 Residential District
AMANDA JEANS
Agenda Item 9
Page 1
East: . Single-family dwellings / R7.5 Residential District
West: . Single-family dwellings / R7.5 Residential District
NATURAL RESOURCE AND The parcel is located within the Southern Watersheds Management
CULTURAL FEATURES: Area. There are no significant environmental or cultural features on this
site.
COMPREHENSIVE PLAN: This parcel is located within the Suburban Area. Planning principles have been
established to preserve neighborhood quality, create and protect open spaces, and connect suburban mobility.
Achieving the goal of preserving neighborhood quality is accomplished by having all new proposals either
maintain or enhance the existing neighborhood through compatibility with surroundings, quality and
attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of
residential from other residential and non-residential with respect to type, size, intensity, and relationship to the
surrounding uses.
CITY SERVICES
No impact to City services is anticipated.
ANIMAL CONTROL: Two animal related issues have been reported
EVALUATION AND RECOMMENDATION
The applicant has eight Shih Tzu. The Zoning Ordinance requires a Conditional Use Permit for a
residential kennel whenever a homeowner has more than four dogs. The dogs range in age from 1 year
to 3 years. The applicant does not plan on breeding any of the dogs.
Section 223 of the Zoning Ordinance which regulates this type of activity requires that the area of a parcel
used as a residential kennel be located 100 feet or more from the property line of any adjacent lot except
where the animals are kept in soundproof, air-conditioned buildings. The applicant has indicated that the
dogs remain inside the dwelling a majority of the time. A fenced in backyard does provide an outdoor area
for the dogs.
There were two reports to Animal Control (Police Department) for animal related issues. One report was
for barking dogs but upon arrival no dogs were barking. A warning was issued. The second report was a
domestic disturbance that pertained to the dogs and more of a civil matter. No disturbances have been
reported to the Zoning Office of the Planning Department.
As the role of the Planning Commission is to review land use issues, Staff is recommending conditions
that relate solely to Section 223 of the Zoning Ordinance that specifically address use of the property for a
residential kennel.
141
Section 223 states:
Except where animals are kept in soundproof, air-conditioned buildings, no structure or area
occupied by such animals, whether in animal hospitals, pounds, shelters, commercial or
residential kennels, shall be within one hundred (100) feet of the property line of any adjacent lot.
At least one (1) off-street parking space per four hundred (400) square feet of floor area shall be
provided. However, in residential kennels, this off-street parking requirement shall not apply but
shall be as specified in the conditional use permit.
The applicant meets the requirements dealing directly with land use. Staff has received opposition from
adjacent neighbors. There may be disruption in the quality of life to those living in close proximity to the
applicant. Staff is recommending a condition that a one year administrative review be performed from the
date of approval in an effort to monitor any future complaints.
Staff recommends approval of this request subject to the conditions below.
CONDITIONS
4 Unless otherwise limited by Animal Control, this Conditional Use -permit shall be limited to only those
specific eight (8) Shih Tzu identified by the applicant. No other deg(s) of any kind, gendeF, age, -,Gr
hrppd qh;;Il he permitted en the pFopeFty, eXGept that, at suGh tome as these identified dogs die4,14e
appliGant shall NQ limbW tn nn mprt- than four (4) dogs, WhiGh is the maximum allowed by the Zoning
A. At such time as these identified dogs die ,no other dog(s) of any kind, -gender, age, or
breed shall be permitted on the property to replace the identified eight dogs except that
which is the maximum allowed by the Zoning Ordinance without a Conditional Use Permit.
2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through
the City of Virginia Beach.
3. All dogs, when outside of the home, shall be supervised and shall not be a nuisance to any other
property owners or residents.
4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis.
5. The existing solid fence shall be maintained in good condition.
6. This Conditional Use Permit is approved for a period of one year with an administrative review by the
Zoning Administrator in consultation with Animal Control. The Conditional Use Permit shall continue
thereafter with an annual renewal (if deemed acceptable by the Zoning Administrator).
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.
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THIS IS TO CERTIFY THAT I, ON MAY 8, 1999 , SURVEYED THE PROPERTY PIAT, AND THAT
THE TITLE LINES AND THE FAITS OF THE BUILDINGS ARE AS SHOWN ON THIS P STAND WITHIN
THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS PROP AS SHOWN.
SIGNEDX 1I[F
CERTIFIC TE
NO. 0404 0 2
�LAW
NOW OR FORMERLY
ANDERSON L. JACKSON
pg (D.S. 164, P. 148)(0.8. 115, P. 545)(M.B. 9, P. 57)O,O•�
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S 70'04 " W 0�
72" KVOD FENCE -I'75.30'
72" WOOD FENCE
0.05' CLEAR R
0.06• CLEAR R
SUEDIV/S/ON OF
LOT— 226
COVENTRY
SECT/ON FIVE
(D. B. 2676, P. 855 A & B)
FRAME
SHED I'
(MOVABLE) C,
ssr
10.6' s.o' 16.99' Z�15.52'—'-
LOT -225
LOT -227
ry006.83?-0
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72' WOOD FENCE
2—STY. FR.
0.11' ENC. OVERR
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0.06' CLEAR
N PORCH
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a
OS/DEWriLK
75.50'
p
75..30'
N 70"07'20" E 826.29' TO P.I. OF
BROMPTON DRIW
ARDMORE' LANE
(50' R/W)
NOTES: A FIVE FOOT EASEMENT (UNLESS GREATER WIDTH IS NOTED) ALONG AND ADJACENT TO ALL SIDE AND REAR LOT
LINES HAS BEEN DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FOR THE INSTALLATION AND/OR MAINTENANCE OF
DRAINAGE FACILITIES.
ALL EASEMENTS SHOWN HEREON ARE DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FOR THEIR RESPECTIVE
USES.
ALL RIGHT-OF-WAYS SHOWN HEREON ARE DEDICATED TO THE CITY OF VIRGINIA BEACH.
ROOD INFORMATION= THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD ZONE "X" (OUTSIDE)
(AREAS DETERMINED TO BE OUTSIDE 500 -YEAR FLOOD PLAIN) AS SHOWN ON F.E.M.A.•S FLOOD INSURANCE RATE MAP
(F.I.R.M.) FOR THE CITY OF VIRGINIA BEACH, VIRGINIA, COMMUNITY PANEL NO. 515531 0037E DATED DECEMBER 5,1996.
W.P. LARGE INC. IS NOT A PARTY IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN
HEREON. THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECT TO FLOODING. FOR
FURTHER INFORMATION, CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL THIS SURVEY WAS PERFORMED WITHOUT THE
BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID
PROPERTY AS SHOWN.
PROPOSED SITE PLAN
CENTERVILLE
Mill L' -1 V
Map of i . Sc
`Zoning with Conditions, -Proffers, Open
Space Promotion or PDH -2 Overlays
ZONING HISTORY
*l
_j
CUP for Residential Kennet
There has been no recent zoning -related activity in this area.
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach list if necessary)
Check here if the applicant is NOT a corporation, partnership, firm, business, or
ther 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,
r business, or other unincorporated organization.
& See next page for footnotes
Does an official or employee of he City of Virginia Beach have an interest in the
subject land? Yes No
If yes, what is the name of the official or employee and the nature of their interest?
conditional Use Permit Application
Page 9 of 10
Revised 3/11/08
DISCLOSURE STATEMENT
AMANDA JEANS
Agenda Item 9
Page 10
A
Z
O
V
FE___:__::D1SCL0SURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
' "Parent -subsidiary relationship' means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (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 -
.A m,K ll A- J c-xm S 4M14 -N D# J FAAfS
Applicant's Signature Print Name
MI tem A -s J c,#,ivS' T4 -o M Pr S J cWL5
Property Owner's Signature (if different than applicant) Print Name
Conditional Use Permit Application
Page 10 of 10
Revised 7/3/2007
DISCLOSURE STATEMENT
AMANDA JEANS
Item #9
Amanda Jeans
Conditional Use Permit
4677 Ardmore Lane
District 1
Centerville
September 12, 2012
REGULAR
An application of Amanda Jeans for a Conditional Use Permit for a residential kennel on
property located at 4677 Ardmore Lane, District 1, Centerville. GPIN:
14794365930000.
CONDITIONS
Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited
to only those specific eight (8) Shih Tzu identified by the applicant.
A. At such time as these identified dogs die ,no other dog(s) of any kind, gender, age,
or breed shall be permitted on the property to replace the identified eight dogs
except that which is the maximum allowed by the Zoning Ordinance without a
Conditional Use Permit.
2. The applicant shall ensure that the dogs maintain all required shots and are properly
licensed through the City of Virginia Beach.
3. All dogs, when outside of the home, shall be supervised and shall not be a nuisance to
any other property owners or residents.
4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis.
5. The existing solid fence shall be maintained in good condition.
6. This Conditional Use Permit is approved for a period of one year with an administrative
review by the Zoning Administrator in consultation with Animal Control. The Conditional
Use Permit shall continue thereafter with an annual renewal (if deemed acceptable by
the Zoning Administrator).
Item #9
Amanda Jeans
Page 2
NOTE: Further conditions may be required during the administration of applicable
City Ordinances and Standards. Any site plan submitted with this application may
require revision during detailed site plan review to meet all applicable City Codes and
Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a
Certificate of Occupancy, are required before any uses allowed by this 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.
A motion was made by Commission Thornton to deny the application and was seconded by
Commissioner Rucinski.
By a vote of 8-1, the Commission denied item 9.
The applicant Amanda Jeans appeared before the Commission. Ruth Snider also
spoke on behalf of the applicant.
AYE 8 NAY 1 ABS 0 ABSENT 2
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
ABSENT
REDMOND
NAY
RIPLEY
ABSENT
RUCINSKI
AYE
RUSSO
AYE
THORNTON
AYE
By a vote of 8-1, the Commission denied item 9.
The applicant Amanda Jeans appeared before the Commission. Ruth Snider also
spoke on behalf of the applicant.
City of Virginia Beach
Planning Commission
2401 Courthouse Drive, Building 1
Virginia Beach, VA 23456
Dear Sir or Madam:
My name is Thomas Jeans, and I live at 4677 Ardmore Lane, Virginia Beach, Virginia 23456. My wife,
Amanda Jeans, has requested a use permit allowing her to maintain a dog kennel on our property. She
has a hearing scheduled before your Commission on September 12, 2012.
Please understand, that there is no accommodation on my property to allow the maintaining of a dog
kennel, nor will I have one established. My wife is the owner of eight dogs and seven cats living inside
our home. This is absolutely an unbearable situation! The house reeks of animal wastes, and is
unsanitary. I have not received any cooperation from Amanda regarding this situation. It is my feeling
that she does not care about me or our children.
None of the dogs or cats are licensed. To my knowledge, they have not been taken to the veteranarian
for regular checkups, and have not had distemper shots. The dogs are very noisy and the neighbors have
voiced complaints several times about this issue in the past. Amanda also have these dogs and cats
sleeping in the bedrooms with my children, thus, creating a health concern. I have tried on numerous
occasions to take control of this situation to have the animals removed from our home. Animal Control
has been contacted, but have indicated that they are unable to take action regarding this matter.
I am asking for your help, and deny Amanda's request for a dog kennel use permit on our property. As a
side note, although it has not been medically or clinically established, I believe my wife suffers from
some sort of mental or emotional instability as recognized from other disfunctional aspects in our
relationship and in her life. By copy of this letter to the City of Virginia Beach Department of Human
Services, I am asking for their help in evaluating the situation that is present in my home.
1
Thank you for taking the time to read my letter and understand my situation. If you require further
discussion, please feel free to contact me at (757) 407-2844 (cell) or (757) 541-5644 (work).
Copy to:
Virginia Beach Department of Human Services
Sincerely,
')4"" (� --
THOMAS JEANS
2
31 Aug 2012
Michael Kennedy
4676 Ardmore Lane
Virginia Beach, VA 23456..-
Mayor William D. Sessoms; Jr. SEP " 5 2012
I
Municipal Center
City Hall, Building #1 1
2401 Courthouse Drive- __.--
Virginia Beach, VA 23456
Subj: Opposition to Kennel License / Conditional Use Permit at 4677 Ardmore Lane, Virginia Beach
I have filed an opposition letter with the City Planning Department concerning a request for a Kennel License at the
residence located at 4677 Ardmore Lane. I have followed the guidelines from the City Planner, Karen Prochilo, on filing an
opposition to this residence's request. Karen Prochilo has advised me that it "carries more weight" if I appear in person at
the hearing than just writing a letter to complain. This is upsetting to me, because not only did I provide a letter stating my
reasons for opposition, but also, I canvassed the neighborhood and had 9 other residents surrounding the property sign a
petition against allowing 4677 Ardmore Lane to have a Kennel License" i sent this petition to Karen also, and she advised
me again that it would "carry more weight" if I or someone who signed the petition would attend the hearing. The fact that
written correspondence and a signed petition does not "carry any weight" or doesn't really matter at the hearing is
unsertling and just flat out wrong. I'm not sure why this impression is being conveyed to me by the City Planning Office.
And frankly, I hope that the commission members do not feel it is necessary for the opposition to voice their opinions
verbally rather than via written correspondence. Our country was founded upon written correspondence, the Declaration
of Independence, which "carried a lot of weight".
I do not have time to attend this hearing so I hope this enclosure will speak for me and the nine other concerned neighbors,
one of your responsibilities is to attend these meetings, my full time job is to take care of business elsewhere so that I can
pay my bills and pay my taxes. Insisting that citizens should attend meetings is not making any sense to me and is
unproductive. That is not my job to attend meetings. It is the responsibility of the City Planners and City Counsel to attend
meetings. Now I understand why people do not complain or take action to correct problems because most people are
scared and feel that their opinions will not matter. The weight of our written correspondence should carry the same weight
as our voiced objections.
Please review the attached correspondence concerning our objections to the Kennel License request at 4677 Ardmore Lane.
I hope that the written voice of 9 residents will outweigh the request of one resident at 4677 Ardmore Lane. Please
recommend disapproval of this Kennel License request because none of the neighbors want this in their neighborhood.
Thank you.
Respectfully,
Michael Kennedy
09 August 2012
From: Michael Kennedy
To: Karen Prochilo, City Planner, Virginia Beach
Subj: Request for Disapproval of Kennel Permit / Conditional Use Permit for 4677 Ardmore Lane
As neighbors, we try to maintain a peaceful neighborhood and keep our property looking good and up
to the high standards of Virginia Beach in order to improve the property values in our neighborhood.
Also, we are the proud owners of a dog and obey all the regulations that go along with being good dog
owners. We love dogs. However, with that said, our neighbors across the street from us (4677 Ardmore
Lane) have applied for a Residential Kennel License and a Conditional use Permit. We are opposed to
allowing a Kennel operation being conducted on our street for numerous reasons.
First, they have been in violation of the Kennel law for greater than one year because they have at least
8 dogs on the premises without having a permit for over one year. Only recently they have applied for a
permit because I spoke with them in July 2012 concerning the continuing problems we have been
experiencing with their dogs. The continuing problems are, letting the dogs run off of their property
without a leash. Letting the dogs defecate on other people's property without cleaning it up. And a
general disregard for respecting their neighbors property. See attached pictures of the issue and please
note, I'm not a professional photographer but just snapped these pictures at the spare of the moment .
So now they have applied for this permit. If I did not speak to them about the dog nuisance, they
probably would not have applied for the permit / license but would continue to disregard the law as
conveyed above. They are violating city code 5-530, 5-531, 5-534 and Section 111.
Second, the owner works late at night and comes home around 11:30 —12:00 midnight. Upon her
arrival, she will let the dogs out into the front yard to do their business, however, the dogs immediately
leave her property and go to our yard across the street and to the other neighbors' yard to defecate /
urinate. This has been going on for the last year. Never once, did the owner follow her dogs and clean
up after them. Furthermore, the dogs are allowed to roam at night without a leash. This is disrespectful
to other people's property and the neighborhood.
Third, the Police have already been to the 4677 Ardmore Lane residence twice concerning excessive
barking of the dogs. I'm sure there is a record of these two visits that we observed. Also, we were not
the ones who called the Police, other neighbors call the police in these two incidents because they were
fed up with the continuous barking in the back yard. Being allowed to have more dogs only contributes
to this problem and degrades the neighborhood further.
Fourth, the dogs do not listen to their owners and have no discipline. The dogs do not return to their
owners when called. The owners do not know how to train the dogs properly so allowing them to have
more dogs does not make sense. Owning one dog is a lot of work, owning more than 4 dogs is more
than a full time job, it is a career. I believe they are not willing to put in the time to control and train
their animals.
It appears that they only want these dogs to make puppies so that they can sell them. They are not
breeders and I would venture to say, they have no education in this matter. We do not want a puppy
mill located across the street from our house. I'm sure the revenue from these sales are not being
reported either.
The reason the city made the zoning law concerning a maximum of 4 dogs was to reduce or eliminate
issues between neighbors and to prevent dog nuisances. Allowing these neighbors to have more than 4
dogs will create more problems in the neighborhood and we are opposed to this. We do not
understand how they can be in current violation of the Kennel Law by not having a Kennel License and
by not having an approved Conditional Use Permit and violate the City Pet law by not having a City Pet
license for at least 4 of the 8 dogs and still be allowed to apply for a permit. The city should be taking
action against them for these violations instead.
Please disapprove their request for a Kennel License / Conditional Use Permit to ensure any additional
problems in our neighborhood are kept to a minimum. We hope this letter will be presented during the
hearing so that our concerns will be heard. I can't attend this meeting since I have a fulltime job. We
appreciate the opportunity to share our views with you and the City of Virginia Beach Planning Office
concerning this matter.
Respectfully,
Michael Kennedy
4676 Ardmore Lane
Virginia Beach, VA 23456
25 August 2012
From: Resident's Ardmore Lane
To: Karen Prochilo, City Planner, Virginia Beach
Subj: Petition for Disapproval of Kennel Permit / Conditional Use Permit for 4677 Ardmore Lane
As neighbors, we try to maintain a peaceful neighborhood and keep our property looking good and up
to the high standards of Virginia Beach in order to improve the property values in our neighborhood.
The residents at 4677 Ardmore Lane have applied for a Residential Kennel License and a Conditional use
Permit. This means they would be allowed to have more than 4 dogs at their residents. Currently they
have 8 dogs and are violating the City Ordinances right now. If this is approved, they would be able to
have even more dogs. We are opposed to allowing a Kennel operation being conducted on our street
for numerous reasons.
Excessive dog barking.
Dogs running around without a leash.
Dog waste being left on the other people's property without being cleaned up.
Increase in rodents due to excessive dog waste beim left in the yards.
Residential property being treated as a Dog Kennel with more than 4 dogs, currently they have 8 dogs.
By signing this petition, you are opposed to allowing them to have a Kennel Ucense / Conditional use
permit.
Name Address Signature
N
��7
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