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Home My WebLink AboutMAY 10, 2005 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 .IIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY MANAGER - JAMES K. SPORE CITY A%TORNEY- LESLIEL. LILLEY CiIYCLERK - RUTHHODGESSMITH,MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 10 MAY 2005 1 I. CITY COUNCIL COMMENTS 1 II. REVIEW OF AGENDA ITEMS 1 III. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I IV. FORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Crycncl@vbgov.com Conference Room 4:00PM II - Conference Room - 4:30PM II B. INVOCATION: Mr. Jimmy Bennett Avalon Church of Christ 6:00PM II 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 May 3, 2005 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES/ RESOLUTIONS 1. Ordinances re FY 2005-2006 BIENNIAL RESOURCE MANAGEMENT PLAN and CAPITAL BUDGET: a. FY 2006/FY 2011 Capital Improvement Program (CIP) and APPROPRIATE $233,955,878 for the FY 2006 Capital Budget, subject to funds being provided from various sources set forth therein b. AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $55,200,000 for various public facilities and general improvements c. AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $2,420,000 d. AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $16.997,000 2. Ordinances re FY 2005-2006 Operating Budget: a. APPROPRIATE for the fiscal year, beginning July 1, 2005 and ending June 30, 2006, the sum of $1,498,529,258 for Operations and $516,510,423 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended b. ESTABLISH the tax levy on real estate for FY 2006 at $1.0239 c. ESTABLISH the tax levy on personal property and machinery and tools for the calendar year 2006 d. AUTHORIZE the City Manager to submit an Annual Funding Plan to the U. S. Department of Housing and Urban Development (HUD) re renewal of funding e. AMEND §§35-64 and 35-67 of the City Code re the exemption or deferral of real estate taxes for elderly or disabled persons by increasing income and net worth limits f. AMEND §§37-46 and 37-47 of the City Code re minimum service availability charges and water usage rates g. AMEND §28-26 of the City Code re sanitary sewer service charges h. AMEND §32.5-2 of the City Code re equivalent residential unit (ERU) fee i. AMEND §21-205 of the City Code re fees for special permits for oversize and overweight vehicles j. AMEND §33-71 of the City Code re permit fees for work on, over, under or affecting streets and sidewalks k. ADD §8-31 and AMEND §§8-31,8-31.1, 8-32, 8-33, and 8-34 of the City Code re fees for permits, administrative fees for buildings, fences, walls, plumbing, mechanical, life safety, elevator, gas, electrical and establishing a fee for DFU pre -inspection 1. AMEND §2-83 of the City Code re designation of Holidays adding the day after Thanksgiving 3. Ordinance to AMEND City Code §§ 36-57, 36-58 and 36-61 re Charter Bus parking and stopping in the Resort Area. 4. Ordinances re Surreys in the Resort Area: a. ADD §7-71 to the City Code re regulating the rental and use of Surreys b. City Policy re "Rental of Surreys in the Resort Area" 5. Ordinance to AUTHORIZE $120,000 from the CIP Budget (Pavilion Theatre Replacement) re a like grant to the Virginia Beach Performing Arts Center Foundation 6. Ordinance to AUTHORIZE acquisition of property in fee simple for right-of-way and easements, by agreement or condemnation, re Shore Drive intersections at Treasure Island Drive, Marlin Bay Drive and Shady Oaks Drive 7. Resolutions re Joint Land Use (JLUS) a. EXTEND Interim Guidelines governing applications re development in Air Installation Compatible Use Zones (AICUZ) b. ACCEPT the final Hampton Roads Joint Land Use Study (JLUS) and DIRECT the City Manager to provide Ordinances to implement their recommendations 8. Resolution to DIRECT the City Manager perform a Pubic Safety Compensation Review PLANNING 1. Application of PLEASANT GROVE BAPTIST CHURCH for MODIFICATION of Conditions to allow a Child Care Center within the existing church re a Conditional Use Permit, (approved by City Council January 22,1990) at 2153 Kempsville Road. (DISTRICT 1 - CENTERVILLE) RECOMMENDATION: APPROVAL 2. Application of COASTAL COMMUNITY CHURCH for MODIFICATION of Conditions to add an awning re a Conditional Use Permit, (approved by City Council October 28,1997 at 2800 South Independence Boulevard. (DISTRICT 1- CENTERVILLE) RECOMMENDATION: APPROVAL 3. Application of APC REALTY & EQUIPMENT CO. LLC, SPRINTCOM, INC., and SPRINT PCS for a Conditional Use Permit re a communications tower within a Dominion Virginia Power transmission structure at 5697 Magnolia Run Circle. (DISTRICT I - CENTERVILLE) RECOMMENDATION: APPROVAL 4. Application of CSM, L.L.C. for a Change of Zoning District Classification from A-18 Apartment District to R-5S Residential Single Family District at Rosemont Road and Bancroft Drive. (DISTRICT 3 — ROSE HALL) DEFERRED April 26, 2005 STAFF RECOMMENDATION: APPROVAL PLANNING COMMISSION RECOMMENDATION DENIAL 5. Application of SANDLER AT ASHVILLE PARK, LLC for a Change of Zoning District Classification from Conditional R-3 Residential and P-1 Preservation District with a PDH-2 Overlay at Princess Anne Road, Flanagan's Lane and Sandbridge Road (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: 6. Applications of CITY OF VIRGINIA BEACH: APPROVAL a. Change of Zoning District Classification from B-3 Central Business to B-3A Pembroke Central Business Core Districts at Commerce and Market Streets. (DISTRICT 5 — LYNNHAVEN) RECOMMENDATION: APPROVAL b. COMMUNICATIONS & INFORMATION TECHNOLOGY (COMIT) for a Conditional Use Permit re a communications tower at 2508 Princess Anne Road. (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: K. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS INVESTMENT PARTNERSHIP ADVISORY COMMITTEE PERFORMING ARTS THEATRE ADVISORY COMMITTEE TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 Agenda 5/10/05st www.vbgov.com APPROVAL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The FY 2005-06 Capital Improvement Program and Related Ordinances MEETING DATE: May 10, 2005 ■ Background: On March 29, 2005, the City of Virginia Beach FY 2005-06 through FY 2006-07 Proposed Biennial Resource Management Plan, which includes the Operating Budget and Capital Improvement Program, was presented to City Council. City Council workshops were held on April 12th. 14th 19th., 26th. and May 3rd. to provide information to the City Council. On April 21st. and 26th, public hearings were held to provide the public the opportunity to comment on the proposed Resource Management Plan. Ordinances were updated to reflect City Council's direction at the May 3, 2005 Reconciliation Workshop. At the May 3rd Reconciliation Workshop, City Council unanimously agreed to amend the proposed budget by reducing real estate tax revenue by lowering the real estate tax rate from $1.1964 to $1.0239 and adjusting budget appropriations accordingly. Reduction in the tax rate also correspondingly reduces Pay -As -You -Go funding to the CIP. City Council made the following changes to the CIP to free up Pay -As -You -Go funding for the real estate tax reduction for FY 2005-06: - eliminated capital projects #9-063 Rudee Loop Surface Parking and #9-067 9th and 10th Street Improvements given the delay in the Marriot hotel project; - delayed for one year capital project #4-051 Stumpy Lake Golf Course Infrastructure Improvements; - eliminated capital project #4-045 Parks and Recreation Administrative Offices Relocation pending a comprehensive review of office space needs for city agencies; - delayed for one year capital project #3418 Beach Maintenance Facility; - eliminated capital project #3-227 Police Helicopter Replacement & Hanger Expansion with the intent of funding a replacement helicopter with FY 2005-06 year-end General Fund - Fund Balance if available. - eliminated site acquisition funding for capital project #3-021 Fire and Rescue Station — Thalia as the replacement of the existing station would involve a land transfer of an existing city site and would require no site acquisition costs. Also, the change in this project may require accelerating capital project #2-208 Constitution Drive Extended in the FY 2006-07 CIP; - adding capital project #2-200 Shore Drive Demonstration Project - Phases II & III to provide a preliminary engineering study to determine the scope of future improvements along Shore Drive Phase II (South Oliver Drive to Treasure Island Drive) and Phase III (Vista Circle to Croix Drive); and - providing additional funds for capital project #4-033 Municipal Skate Parks to fund an action skate park. ■ Considerations: The following ordinances are provided for the Council's consideration and approval to implement the FY 2005-06 Capital Improvement Program, and unless otherwise noted, require an affirmative vote by a majority of the members of City Council. 1. An Ordinance to Adopt the FY 2006/FY 2011 Capital Improvement Program and to Appropriate $233,955,878 for the FY 2006 Capital Budget Subject to Funds being Provided from Various Sources Set Forth Herein 2. An Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $55,200,000 for Various Public Facilities and General Improvements 3. An Ordinance Authorizing the Issuance of Storm Water Utility System Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $2,420,000 4. An Ordinance Authorizing the Issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $16,997,000 ■ Public Information: Information will be disseminated to the public through the normal Council agenda process involving the advertisement of the City Council agenda and public hearings, pursuant to local and State code requirements. ■ Alternatives: No alternatives are available to implement the FY 2005-06 Capital Improvement Program. ■ Recommendations: Subject to change by Council at reconciliation, it is recommended that the attached ordinances implementing the FY 2005-06 Capital Improvement Program be approved. ■ Attachments: FY 2005-06 Capital Improvement Program ordinances Recommended Action: Approval of Ordinances Submitting Depa7nent/Agency: Department of Management Services City Manager�.Z.� r 1 AN ORDINANCE TO ADOPT THE FY 2006/FY 2011 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE 3 $233,955,878 FOR THE FY 2006 CAPITAL BUDGET 4 SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS 5 SOURCES SET FORTH HEREIN 6 7 WHEREAS, the City Manager, on March 29, 2005, presented to City Council the Capital 8 Improvement Program for fiscal years 2006 through 2011; 9 WHEREAS, City Council held public hearings on the program to provide for public comment; 10 WHEREAS, based on public comment, City Council has determined the need for certain projects in 11 the Capital Improvement Program; and 12 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in 13 the 2006 fiscal year, as set forth in said Capital Improvement Program. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA: 16 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, 17 capital facilities identified for fiscal years 2006 through 2011 is hereby adopted, and the projects listed 18 therein are hereby approved as capital projects. 19 Section 2. That the projects shall be financed from funds to be appropriated periodically by City 20 Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, 21 altered, or rescheduled in any manner at any time by City Council. 22 Section 3. That funds in the amounts aggregating $233,955,878 for capital projects in the Capital 23 Budget for the 2006 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, 24 by project and subject to the conditions set forth herein. The amount of funding for individual projects is set 25 forth in "Attachment A — Capital Budget Appropriations," a copy of which is attached hereto. 26 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of 27 the Capital Budget for the 2006 fiscal year as set forth in said Capital Improvement Program are attached to 28 this ordinance as "Attachment B — Financing Sources." 29 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in 30 accordance with said Capital Improvement Program and reallocated as identified in "Attachment C — 31 Transfers," a copy of which is attached hereto. 32 Section 6. That additional appropriations and the addition of capital projects shall not be initiated 33 except with the consent and approval of the City Council first being obtained, and an appropriation for a 34 project in the Capital Improvement Program shall continue in force until the purpose for which it was made 35 has been accomplished or abandoned. 36 Section 7. That all contracts awarded for approved and appropriated capital projects, exclusive of 37 school projects, must be certified as to the availability of funds by the Director of Finance prior to the 38 initiation of work on the contract. 39 Section 8. That subject to any applicable restriction of law or of any bonds or bond issue, the City 40 Manager or the Director of Management Services is authorized to approve transfers of appropriations in an 41 amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager 42 shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City 43 Manager or the Director of Management Services is hereby authorized to establish and administer the 44 budgeting of capital projects consistent with best management practices, reporting requirements and the 45 Capital Improvement Program adopted by the City Council. 46 Section 9. That the City Manager or the Director of Management Services is hereby authorized to 47 change, subject to any applicable restriction of law or of any bonds or bond issue, the financing sources for 48 the various capital projects included in this ordinance to reflect effective utilization of the financing sources. 49 If the financing sources in support of capital projects decline, the City Manager or the Director of 50 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or 51 bond issue, those appropriations to equal the changed financing source. The City Manager must give prior 52 notice to the City Council of any reductions to total appropriations exceeding $100,000. The notice to City 53 Council shall identify the basis and amount of the appropriation reduction and the capital projects affected. 54 The accounting records of the City will be maintained in a manner where the total of financing sources is 55 equal to the total appropriations for each of the City's capital projects funds. 56 Section 10. That the Capital Improvement Program debt management policies contained and 57 included in the Resource Management Plan — Executive Summary document shall be the policy guidelines 58 of the City, and the City Manager shall annually report on the status of those guidelines and the projected 59 impact of the proposed Capital Improvement Program on those guidelines, such information to be included 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 in the Resource Management Plan submittal. The City Manager may propose modifications to those policies and guidelines through the Resource Management Plan. Section 11. That subject to the appropriation of sufficient funds within a capital project the acquisition of real property necessary for the project is authorized by means of voluntary negotiation with willing sellers. Comment In cases where there is voluntary agreement on the sale of land, this allows site acquisition associated with capital projects previously approved by Council to allow the projects to move forward without having to go back to Council for a second approval. Section 44 12. That violation of this ordinance shall result in the City Manager taking disciplinary action against the person or persons responsible for the capital project in which the violation occurred. Section 42 13. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 43 14. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY 2006 Capital Budget shall be effective on July 1, 2005. Adopted by the City Council of the City of Virginia Beach, Virginia on this loth day of May, 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY 'b " a.. Department of Management Services Cit A orney's offiexi CA9574 Attachment A - Capital Budget Appropriations Project Appropriations Number Projects FY 2005-06 Economic Vitality 9.018 Convention Center Replacement 748,513 9.034 Neighborhood Revitalization Strategy Plan 200,000 9.072 Bus Rapid Transit 11,500,000 9.076 Economic Development Initiatives 300,000 9.141 Economic Development Investment Program (On -Going) 2,240,632 Total Economic and Tourism Development Projects: $14,989,145 Total Economic Vitality Projects: $14,989,145 Safe Community 3.021 Fire and Rescue Station - Thalia 2,653,800 3.185 Fire Apparatus 2,160,000 3.229 Police Training Facility 3,000,000 3.281 CIT - Communication Infrastructure Replacement 6,916,476 3.282 Municipal Buildings Security Enhancements 200,000 3.290 CIT - Fire Department Network Connectivity Improvement 100,000 3.346 CIT - Automatic Vehicle Locator System 1,313,500 3.365 Fire Facility Rehabilitation and Renewal - Phase II 501,813 3.369 Leroy Drive Master Plan and Facility Replacements 200,000 Total Buildings Projects: $17,045,589 Total Safe Community Projects: $17,045,589 Quality Physical Environment 2.007 Shipp's Corner Road Bridge Replacement 1,486,000 2.018 Major Intersection Improvements 9,548 2.025 Witchduck Road - Phase II (Partial) (First Cities Project) 500,000 2.039 Computerized Traffic Signal System Upgrade/Repl. (Partial) 3,264,000 2.048 Princess Anne Rd./Kempsville Rd. Inter. Impr. (First Cities) 1,690,000 2.052 Traffic Signal Rehabilitation 250,000 2.067 Sandbridge Road Safety Improvements 624,360 2.071 Baker Road Extended 1,848,000 2.072 First Colonial Rd/Va. Beach Blvd. Intersection Imp. 2,200,000 2.073 Buckner Road Extended 481,000 2.076 Laskin Road Gateway 652,500 Attachment A - Capital Budget Appropriations Project Appropriations Number Projects FY 2005-06 Quality Physical Environment 2,083 Diamond Springs Road Bridge Replacement 1,780,000 2.089 Southeastern Parkway & Greenbelt (Partial) 1,938,366 2.107 Seaboard Road 519,927 2.115 Shore Drive Intersections - Demonstration Project 692,000 2.121 Nimmo Parkway -Phase V-A (VDOT) 1,738,104 2.152 Elbow Road Extended - Phase II (First Cities Project) 8,000,000 2.156 Laskin Road - Phase I (VDOT) 241,000 2.157 Lynnhaven Parkway - Phase IX (VDOT) 500,000 2.158 Holland Road - Phase VI (VDOT) 40,000 2.167 Lynnhaven Parkway - Phase XI (VDOT) 61,050 2.168 Lesner Bridge Replacement (First Cities Project) 1,000,000 2.176 Transportation Network Analysis 550,000 2.200 Shore Drive Demonstration Project - Phases II & III 575,000 2.211 Traffic Calming 75,000 2.238 Pembroke Area Comprehensive Transportation Plan 100,000 2.256 Indian River Rd - Ph VII (First Cities Project) 8,000,000 2.263 Major Bridge Rehabilitation (Partial) 660,000 2.268 Wetlands Mitigation Banking 80,000 2.284 Pavement Maintenance Program 7,398,883 2.285 Traffic Safety Improvements - Phase II 1,000,000 2.305 Princess Anne Road- Phase IV (Ferrell - Phase 11) (VDOT) 1,750,000 2.931 Witchduck Road - Phase I (Partial) ( First Cities Project) 1,328,000 Total Roadways Projects: $51,032,738 3.038 Various Buildings Rehabilitation and Renewal 200,000 3.359 Building Modernizations, Renewals and Replacements (Partial) 590,000 3.366 Various Buildings HVAC Rehabilitation and Renewal - Phase II 1,421,085 3.367 Various Buildings Rehabilitation and Renewal - Phase II 2,331,895 3.368 Various Site Acquisitions 6,100,000 Total Buildings Projects: $10,642,980 5.001 Comprehensive Emergency Response & Planning - Phase 1 100,000 5.006 Water Appurtenances Evaluation & Improvements 100,000 5.016 System Expansion Cost Participation Agreements 99,452 5.083 Stumpy Lake Water Reservoir & Pumping Facilities Improvement 155,000 5.085 Lynnhaven Pump Station Modifications - Phase 11 250,000 Attachment A - Capital Budget Appropriations Project Appropriations Number Projects FY 2005-06 Quality Physical Environment 5.092 Landstown Yard Improvements - Phase III 250,000 5.100 Sierra Drive Water Improvements 250,000 5.118 Computerized Mapping and Infrastructure Management Systems 150,000 5.138 Comprehensive Water Master Planning - Phase IV 250,000 5.139 Small Line Improvements - Phase IV 200,000 5.140 Various Roadway/Storm Water Coordination - Phase IV 150,000 5.141 Water Request and Agreements Phase IV - 51% Program 100,000 5.162 Backflow Prevention and Cross Connection Control Program 250,000 5.163 Various Water Infrastructure Maintenance Support Program 300,000 5.164 IVR/CTI, Bill Print, and Automated Payment Solution Design 225,000 5.165 Shore Drive Water Line Improvements 658,490 5.166 Automated Mobile Water Meter Reading System 260,000 5.202 Laskin Rd -Phase II & Gateway Water Improvements (VDOT) 1,150,000 5.207 Laskin Road Water Improvements - Phase I (VDOT) 1,110,000 5.302 Potable Wells Evaluation Program Phase II 50,000 5.303 Water Quality Program - Phase III 50,000 5.400 Fire Hydrant Program - Phase II 50,000 5.600 29th Street Water Tank Replacement 1,000,000 5.710 19th Street Corridor Water Improvements 275,000 5.965 Water Resources 100,000 Total Water Utility Projects: $7,532,942 6.018 Sanitary Sewer Aging Infrastructure Program - Phase 1 254,058 6.028 Comprehensive Emergency Response & Planning - Phase 1 100,000 6.031 Sewer Appurtenances Evaluation & Improvements 100,000 6.046 Computerized Mapping and Infrastructure Management Systems 150,000 6.065 Infiltration, Inflow, and Rehabilitation - Phase IV 5,000,000 6.066 Pump Station Modifications - Phase IV 4,200,000 6.067 Various Roadway/Storm Water Coordination - Phase IV 100,000 6.068 Sewer Requests and Agreements - Phase IV (51% Program) 100,000 6.071 Comprehensive Sewer Master Planning - Phase III 300,000 6.075 Laskin Road Sewer Improvements - Phase I (VDOT) 50,000 6.080 West Neck Pkwy FM - Lake Ridge IFM Interconnect 250,000 6.081 Laskin Road Phase II & Gateway Improvements 1,635,000 6.082 System Expansion Cost Participation Agreements - Phase 1 200,000 6.102 Princess Anne Commons Sewer Improvements 200,000 Attachment A - Capital Budget Appropriations Project Appropriations Number Projects FY 2005-06 Quality Physical Environment 6.138 Landstown Yard Improvements - Phase III 6.168 Various Sanitary Sewer Infrastructure Maintenance Support 6.169 IVR/CTI, Bill Print, and Automated Payment Solution Design 6.411 CIT - Service Area Master Planning & Info. System (SAMPIS) 6.506 Sanitary Sewer System Revitalization Program - Phase 1 6.612 Pump Station Wet Well Revitalization 6.613 Auxiliary Power Program - Sewer Pump Stations - Phase II 6.710 19th Street Corridor Sewer Improvements 6.938 Princess Anne Plaza Rehabilitation 7.004 Storm Water Infrastructure Rehabilitation 7.005 North Lake Holly Watershed 7.010 Elizabeth River Shores 7.016 South Lake Holly Watershed 7.024 Southern Canal/Lead Ditch and Culvert Improvements 7.027 SWM Master Planning, Analysis, and Inventory 7.063 Neighborhood Storm Water Infrastructure Improvements 7.067 Primary System Infrastructure Improvements 7.091 Residential Drainage Cost Participation Program 7.152 Lake Management 7.153 Lynnhaven Watershed Restoration 7.157 Lynnhaven River Environmental Restoration Study 7.159 Water Quality Participation Projects 7.160 Thalia Creek Tributary Restoration 7.183 Storm Water Quality Enhancements 7.902 North Beach Drainage 8.002 Beach Profile Monitoring Program 8.004 Various Minor Dredging Projects 8.005 Western Branch Lynnhaven River Maintenance Dredging 8.007 Rudee Inlet Outer Channel Maintenance Dredging 8.008 Beach Replenishment 8.014 Lynnhaven Inlet Maintenance Dredging 8.830 Rudee Inlet Federal Dredging 250,000 200,000 225,000 300,000 750,000 350,000 750,000 300,000 1,700,000 Total Sewer Utility Projects: $17,464,058 600,427 182,384 720,942 3,389,700 100,000 100,000 1,940,870 803,082 100,000 365,200 300,000 500,000 100,000 300,000 395,075 375,000 Total Storm Water Projects: $10,272,680 Total Coastal Projects: Total Quality Physical Environment Projects: 50,000 100,000 50,000 134,315 2,450,000 210,000 355,000 $3,349,315 $100,294,713 Attachment A - Capital Budget Appropriations Project Appropriations Number Projects FY 2005-06 Cultural & Recreational Opportunities 3.041 Virginia Aquarium Elevated Pedestrian Crosswalk 1,000,000 3.114 Community Color Project 50,000 3.275 Virginia Aquarium Renewal and Replacement 193,000 3.292 Virginia Aquarium Animal Care Annex 3,969,000 3.322 Virginia Aquarium Original Exhibit Gallery Renovation 4,100,000 Total Buildings Projects: $9,312,000 4.004 Open Space Program Site Acquisition 6,295,765 4.009 Community Recreation Centers Repairs and Renovations 1,974,513 4.010 Existing Trails Repairs 300,000 4.019 New Princess Anne District Park Athletics Complex 2,507,333 4.030 Recreation Office and Storage at School Sites - Phase II 200,000 4.033 Municipal Skate Parks 208,000 4.034 Community Recreation Centers Roof Repairs and Replacements 515,000 4.058 Pacific Avenue Trail Extension 800,000 4.063 Athletic Fields Upgrading and Lighting - Phase II 50,000 4.073 Kempsville Pony League Fields Relocation 337,500 4.074 City Bikeways and Trails Improvements - Phase 1 101,500 4.949 District/Community Parks Development & Renovations -Phase 1 37,150 4.959 Golf Course Infrastructure and Equipment - Phase 1 200,000 Total Parks and Recreation Projects: $13,526,761 Total Cultural & Recreational Opportunities Projects: $22,838,761 uality Education and Lifelong Learnin 1.001 Renovations and Replacements - Energy Management 750,000 1.017 Landstown High School Addition 5,290,619 1.018 Newtown Road Elementary School Replacement 3,500,000 1.019 Great Neck Middle School Replacement 2,500,000 1.020 Ocean Lakes High School Addition 3,727,724 1.031 Academy Facilities Improvements 100,000 1.073 Comprehensive Modernization Study - Phase IV 800,000 1.074 Renovations and Replacements - Various 709,670 1.075 Elementary School 2007 5,750,000 1.078 School Bus Garage Facility Renovation/ Expansion 750,000 Attachment A - Capital Budget Appropriations Project Appropriations Number Projects FY 2005-06 1.082 1.083 1.084 1.085 1.201 1.227 1.228 1.229 1.232 1.233 1.234 1.235 3.175 3.262 3.349 Quality Education and Lifelong Learning Alternative Education Facility - Phase I Renovations and Replacements - Reroofing Renovations and Replacements - HVAC Systems Alternative Education Facility - Phase II Renovations and Replacements - Grounds Windsor Woods Elementry School Replacement Brookwood Elementary School Replacement Pembroke Meadows Elementary School Modernization Tennis Court Renovations Old Donation Center Modernization Consolidated Virginia Beach Middle/Kemps Landing Magnet Windsor Oaks Elementary School Replacement South Rosemont Area Library Tidewater Community College Expansion 1,950,000 2,361,563 1,305,570 12,500,000 500,000 3,000,000 3,000,000 1,350,000 100,000 750,000 7,500,000 1,000,000 Total Schools Projects: $59,195,146 Total Buildings Projects: Total Quality Education and Lifelong Learning Projects: Family and Youth Opportunities CIT - Human Services IT Systems Integration Total Buildings Projects: Total Family and Youth Opportunities Projects: Quality Organization 3.212 CIT - IT Network Infrastructure Replacement 3.280 CIT - City Human Resources/Payroll System 3.286 CIT - Address Location Layer 3.340 CIT - Telecommunications Replacement 3.347 CIT - Citywide IT Business Impact and Risk Analysis 3.355 CIT - City Mobile Workforce Network Study 3.370 CIT - Voting Machine Replacements Total Buildings Projects Total Quality Organization Projects Total Capital Budget: 3,386,713 2,200,000 $5.586.713 $64,781,859 340,500 $340,500 $340,500 250,000 9,348,061 372,250 880,000 150,000 165,000 2,500,000 $13,665,311 $13,665,311 $233,955,878 Attachment B - Financing Sources Capital Budget Financing Sources FY 2005-06 Federal Contribution $1,140,500 Fund Balance - General Fund $4,242,531 Fund Balance - Open Space $5,000,000 Fund Balance - Other $18,389,230 Fund Balance - P & R Referendum Tax $1,974,045 General Appropriations $41,266,321 General Obligation Bonds $62,500,000 Lease -Purchase $15,908,061 Public Facility Revenue Bonds $11,500,000 Retained Earnings - Information Technology $1,667,250 Retained Earnings - Storm Water $600,000 Retained Earnings - Water and Sewer $1,750,000 State Contribution $36,036,260 Storm Water Utility Bonds $2,420,000 Storm Water Utility Fund $6,314,680 Water and Sewer Bonds $16,997,000 Water and Sewer Fund $6,250,000 Total Financing Sources: $233,955,878 Attachment C - Transfers Appropriations Prior to Projects FY 2005-2006 Economic Vitality Transfer To: 9.027 31 st Street Parking Garage (Pay -As -You -Go) 2.089 Southeastern Parkway & Greenbelt (Partial) (Charter Bonds) 3.283 Pavilion Theatre Replacement (Public Facilities Revenue Bonds) 9.302 Rudee Loop Development - Phase I (Partial) (Public Facilities Revenue Bonds) 2.067 Sandbridge Road Safety Improvements 2.089 Southeastern Parkway & Greenbelt (Partial) (General Fund Operating Budget and Fund Balance) Total Transfer To: Transfer From: 9.027 2.089 3.283 9.302 9.067 Transfers To: 2.018 Transfers From: 3.021 Roadway Projects Transfer To: 2.018 2.121 2.305 2.502 Transfer From: 2.029 2.087 2.090 2.122 2.139 2.140 31 st Street Parking Garage (Public Facilities Revenue Bonds) Southeastern Parkway & Greenbelt (Partial) (Pay -As -You -Go) Pavilion Theatre Replacement (Charter Bonds) Rudee Loop Development - Phase I (Partial) (Pay -As -You -Go) 9th and 10th Street Improvements (General Fund Operating Budget and Fund Balance) Safe Community Major Intersection Improvements Fire and Rescue Station - Thalia Quality Physical Environment $5,250,000 2,257,000 2,257,000 2,993,000 1,173,476 1,083,524 $15,014,000 $5,250,000 2,257,000 2,257,000 2,993,000 2,257,000 Total Transfer From: $15,014,000 $385,400 Total Transfer To: $385,400 $385,400 Total Transfer From: $385,400 Major Intersection Improvements $949,866 Nimmo Parkway -Phase V-A (VDOT) 3,523,570 Princess Anne Road- Phase IV (Ferrell - Phase II) (VDOT) (Revenue Reduction) 750,000 West Neck Road (Transition Area Network) 3,000,000 Total Transfer To: $8,223,436 Harris Road $330,114 West Neck Road 110,000 Nimmo Pkwy. - Phase I / West Neck Road Ext 351,557 Gum Swamp Bridge 98,991 Kempsville Road - Phase III (VDOT) 156,501 London Bridge Road - Phase 11 (VDOT) 849,447 2.165 Laskin Road - Phase II (VDOT) 2.175 Independence Boulevard - Ph IV-B &C (VDOT) 2.195 Princess Anne Road Phase VII 2.209 Courthouse Loop North - Phase II 2.279 Kempsville Rd/Providence Rd Int. Imp. 2.305 Princess Anne Road- Phase IV (Ferrell - Phase 11) (VDOT) Total Transfer From Storm Water Utility Projects Transfer To: 7.145 Arctic Avenue - Baltic Avenue 7.152 Dam and Spillway Structural Improvements 7.902 North Beach Drainage Transfer From: 7.013 Cape Henry Dr.(Lynnhaven Colony) Drainage 7.016 South Lake Holly Watershed 7.063 Neighborhood Storm Water Infrastructure Improvements 7.183 Storm Water Quality Enhancements 7.281 Larkspur Drainage — Phases I and II 949,866 3,523,570 348,034 257,248 498,108 750,000 $8,223,436 $1,200,000 2,063,535 100,000 Total Transfers To : $3,363,535 Total Transfers From: $650,000 250,000 133,516 2,063,535 266,484 $3,363,535 Water and Sewer Utility Projects Transfer To: 5.083 Stumpy Lake Water Reservoir & Pumping Facilities Improvement $445,000 5.165 Shore Drive Water Line Improvements 336,504 6.018 Sanitary Sewer Aging Infrastructure Program - Phase 1 1,745,942 Total Transfer To: $2,527,446 Transfer From: 5.035 Nimmo Parkway Water Improvements -Phases I, 11, & III (VDOT) $14,500 5.071 Americus Ave Water Improvements - 51% Program 7,000 5.072 Maxey Manor Water Improvements - 51% Program 16,000 5.076 Kempsville Road Water Improvements - Phase III (VDOT) 130,532 5.093 Comprehensive Water Study - Phase I II 4 5.136 Water Quality Program - Phase II 200,000 5.965 Water Resources 245,000 5.973 First Colonial Road Water Improvements - Phase III (VDOT) 85,000 6.003 Auxiliary Power Program for Sewer Pump Stations - FEMA Grant 20,442 6.005 First Colonial Rd -Phase III & Oceana Blvd Extension (VDOT) 135,000 6.021 Salem Road C 4,500 6.039 North Landing Road/West Neck Road Sewer Improvements 81,000 6.072 Bow Creek Neighborhood Park Sewer Improvements 49,468 6.084 Maxey Manor Sewer Improvements - 51 % Program 34,000 6.178 Virginia Beach Middle School Water & Sewer Improvement 1,500,000 6.962 Timberlake Force Main 5,000 Total Transfers From: $2,527,446 Cultural and Recreational Opportunities Buildings Proiects Transfer To: 3.283 Pavilion Theatre Replacement (Revenue Reduction) Transfer From: 3.283 Pavilion Theatre Replacement $3,300,000 Total Transfers To: $3,300,000 $3,300,000 Total Transfers From: $3,300,000 Parks and Recreation Projects Transfer To: 4.019 New Princess Anne District Park Athletics Complex $433,131 4.031 Little Island Pier Access Improvements 100,000 4.035 Natural Area Preserves 100,000 4.959 Golf Course Infrastructure and Equipment — Revenue Reduction 100,000 Total Transfer To: $733,131 Transfer From: 4.001 4.005 4.008 4.020 4.954 4.959 4.968 4.970 Schools Proiects Transfer To: 1.085 1.222 1.224 Transfer From: 1.023 1.213 1.216 1.217 1.218 Norfolk Avenue Multipurpose Trail Cape Henry Trail Reconstruction Project Marshview Property Planning Shore Drive Corridor Trails Tennis Court Renovations - Phase I Golf Course Infrastructure and Equipment West Neck Creek District Park Park Playgrounds Renovations $20,000 50,170 52,961 100,000 300,000 100,000 35,000 75,000 Total Transfer From: $733,131 Quality Education and Lifelong Learning Alternative Education Facility - Phase 11 Pembroke Elementary School Modernization Trantwood Elementary School Modernization Total Transfer To: Landstown High School / Princess Anne Road Pedestrian Bridge Thalia Elementary School Modernization Bayside Elementary School Replacement Woodstock Elementary School Modernization Kempsville Meadows Elementary School Modernization $700,000 75,000 115,000 $890,000 $700,000 71,000 26,500 19,900 14,700 1.230 Alternative Use Study -Old Link. Pk, Seatack, & Kemps Landing 7,900 1.240 Bayside Middle School Addition 50,000 Total Transfer From: $890,000 Buildings Proiects Transfer To: 3.447 Transfer From: 3.413 Transfer To: 3.281 3.335 3.286 3.446 Transfer From: 3.198 3.208 3.286 3.446 Library Renovations and Replacements $391,000 Total Transfer To: $391,000 Bayside Library and Police Precinct $391,000 Total Transfer From: $391,000 Quality Organization CIT - Communication Infrastructure Replacement $212,132 CIT - Electronic Ballot System - ADA Machines 100,000 CIT - Address Location Layer - Revenue Reduction 250,000 CIT - Communication System Upgrades — Revenue Reduction 916,476 CIT - Electronic Ballot System — Study CIT — Asset Module CIT - Address Location Layer CIT - Communication System Upgrades Total Transfer To: $1,478,608 $100,000 190,000 250,000 938,608 Total Transfer From: $1,478,608 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 2 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF 3 THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM 4 AMOUNT OF $55,200,000 FOR VARIOUS PUBLIC FACILITIES 5 AND GENERAL IMPROVEMENTS 6 7 WHEREAS, the City of Virginia Beach, Virginia (the "City'), desires to authorize the issuance of 8 general obligation public improvement bonds for various purposes in the maximum amount of $55,200,000, as 9 permitted by the City Charter, without submitting the question of their issuance to the qualified voters. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 1. That it is hereby determined to be necessary and expedient for the City to construct and 13 improve various public facilities and make general improvements, all of which will promote the public welfare of the 14 City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to 15 finance the costs thereof through the borrowing of up to $55,200,000 and issuing the City's general obligation bonds 16 therefor. 17 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby 18 authorized to be issued general obligation public improvement bonds of the City in the maximum amount of 19 $55,200,000, to provide funds, together with other funds that may be available, for various public improvement 20 projects, including School, Roadway, Coastal, Economic and Tourism, Building, and Parks and Recreation projects, 21 for project activities that include, but are not limited to, the following: preliminary studies and surveys, permit 22 compliance, environmental assessment, planning, design, engineering, site acquisition, relocation of residents, utility 23 relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services, 24 inspection and support services, furniture and equipment, and contingencies. 25 3. That the bonds may be issued as a separate issue at one time or in part from time to time 26 or combined with bonds authorized for other purposes and sold as part of one or more combined issues of public 27 improvement bonds. 28 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 29 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be 30 sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or 31 resolutions. 32 5. That the bonds shall be general obligations of the City for the payment of the principal, 33 premium, if any, and interest on which its full faith and credit shall be irrevocably pledged. 34 6. That the City Clerk is directed to make a copy of this ordinance continuously available for 35 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption 36 hereof through the date of the issuance of the Bonds. 37 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to 38 immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 39 8. That this ordinance shall be in full force and effective from its passage. 40 Adopted by the Council of the City of Virginia Beach, Virginia on this 10th day of May, 2005. 41 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Department of Management Services CA9575 Cit ey's i 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM 2 WATER UTILITY SYSTEM REVENUE BONDS OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT 4 OF $2,420,000 5 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water 6 utility system revenue bonds in the maximum amount of $2,420,000 for financing improvements and expansions to 7 the City's storm water utility system (the "System"), as permitted by the City Charter without submitting the question 8 of their issuance to the qualified voters. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 1. That it is hereby determined to be necessary and expedient for the City to continue its program of 12 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will 13 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through 14 the borrowing of $2,420,000 and issuing the City's revenue bonds therefore. 15 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 16 issued storm water utility system revenue bonds of the City in the maximum amount of $2,420,000 to provide funds, 17 together with other available funds, for financing the costs of improvements and expansions to the System. 18 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from 19 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time 20 or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 21 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 22 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the 23 City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds 24 shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the 25 Commonwealth of Virginia or of any county, city, town, or other political subdivision of the Commonwealth, including 26 the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be 27 contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or 28 contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy 29 and collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the 30 payment of the principal of and premium, if any, and interest on the bonds. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional covenants, agreements, and other terms as are customary for the protection of the holders of storm water revenue obligations. 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of the bonds. 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 8. That this ordinance shall be in full force and effect from its passage. Adopted by the Council of the City of Virginia Beach, Virginia on this 10th day of May, 2005. Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Department of Management Services City 's Office CA9573 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND 2 SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA 3 BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $16,997,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City'), desires to authorize the issuance of water and 5 sewer system revenue bonds in the maximum amount of $16,997,000 for financing improvements and 6 expansions to the City's water and sewer system (the "System"), as permitted by the City Charter without 7 submitting the question of their issuance to the qualified voters. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 1. That it is hereby determined to be necessary and expedient for the City to continue its program of 11 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will 12 facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof 13 through the borrowing of $16,997,000 and issuing the City's revenue bonds therefore. 14 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized 15 to be issued water and sewer system revenue bonds of the City in the maximum amount of $16,997,000 to 16 provide funds, together with other available funds, for financing the costs of improvements and expansions to the 17 System. 18 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 19 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be 20 sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or 21 resolutions. 22 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be 23 limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues 24 derived by the City from the System, and shall not be included within the otherwise authorized indebtedness of 25 the City. The bonds shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and 26 credit of, the Commonwealth of Virginia or of any country, city, town, or other political subdivision of the 27 Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, conditions, 28 and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not 29 directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the 30 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the 31 revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds. 32 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the 33 issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to 34 fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the 35 System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient 36 net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to 37 provide a margin of safety therefor. Such resolutions and agreements shall also include such additional 38 covenants, agreements, and other terms as are customary for the protection of the holders of water and sewer 39 revenue obligations. 40 6. That the City Clerk is directed to make a copy of this ordinance continuously available for 41 inspection by the general public during normal business hours at the City Clerk's office from the date of adoption 42 hereof through the date of the issuance of the bonds. 43 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to 44 immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 45 8. That this ordinance shall be in full force and effect from its passage. 46 Adopted by the Council of the City of Virginia Beach, Virginia on this 10th day of May, 2005. 47 Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT -L" a, Department of Management Services CA9576 APPROVED AS TO LEGAL SUFFICIENCY 01 Cit or ey's O 'ce $c k CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The FY 2005-06 Operating Budget and Related Ordinances MEETING DATE: May 10, 2005 ■ Background: On March 29, 2005, the City of Virginia Beach FY 2005-06 through FY 2006-07 Proposed Biennial Resource Management Plan, which includes the Operating Budget and Capital Improvement Program, was presented to City Council. City Council workshops were held on April 12th. 14tn. 19th., 26tn. and May 3rd, to provide information to the City Council. On April 21st. and 26th. public hearings were held to provide the public the opportunity to comment on the proposed Resource Management Plan. Ordinances were updated to reflect City Council's direction at the May 3, 2005 Reconciliation Workshop. At the May 3rd Reconciliation Workshop, City Council unanimously agreed to amend the proposed budget by reducing real estate tax revenue by lowering the real estate tax rate from $1.1964 to $1.0239 and adjusting budget appropriations accordingly. Reduction in the tax rate also correspondingly reduces Pay -As -You -Go funding to the CIP and the level of revenue generated through the City's tax incremental financing districts. The proposed FY 2005-06 Operating Budget has been amended by Council as follows: • Eliminate $557,233 for seven additional police officers because of the current level of vacancies in the Police Department. • Add $92,747 for four positions in the office of the Clerk of the Circuit Court because of increasing workload. • Add $390,000 for office renovations and record imaging in the office of the Commissioner of the Revenue to consolidate operations and improve operational efficiencies. • Add $6,829 for additional funding for the Southeast 4-H Educational Center. ■ Considerations: The following ordinances are provided for the Council's consideration and approval to implement the FY 2005-06 Operating Budget and, unless otherwise noted, require an affirmative vote by a majority of the members of City Council. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2005 and Ending June 30, 2006 in the Sum of $1,498,529,258 for Operations and $516,510,423 in Interfund Transfers and Regulating the Payment of Money Out of the City Treasury, as Amended 2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2006 3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2006 4. An Ordinance to Authorize the City Manager to Submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development 5. An Ordinance to Amend the City Code Pertaining to the Exemption or Deferral of Real Estate Taxes for Elderly or Disabled Persons by Increasing Income and Net Worth Limits 6. An Ordinance to Amend the City Code Pertaining to Minimum Service Availability Charges and Water Usage Rates 7. An Ordinance to Amend the City Code Pertaining to the Sanitary Sewer Service Charges 8. An Ordinance to Amend the City Code Pertaining to the Equivalent Residential Unit (ERU) Fee 9. An Ordinance to Amend and Reordain Section 21-205 of the City Code, Pertaining to Fees for Special Permits for Oversize and Overweight Vehicles 10. An Ordinance to Amend and Reordain Chapter 33 of the City Code, Pertaining to Permit Fees for Work On, Over, Under or Affecting Streets 11. An Ordinance to Amend and Reordain Chapter 8 of the City Code, Pertaining to Minimum Fees for Permits, and Administrative Fees for Buildings, Fences and Walls, Plumbing, Mechanical, Life Safety, Elevator and Gas, and Electrical and Establishing a Fee for DFU Pre -Inspection 12. An Ordinance to Amend the Language of the City Code Pertaining to Holidays ■ Public Information: Information will be disseminated to the public through the normal Council agenda process involving the advertisement of the City Council agenda and public hearings, pursuant to local and State code requirements. ■ Alternatives: No alternatives are available to implement the FY 2005-06 Operating Budget ■ Recommendations: Subject to change by Council at reconciliation, it is recommended that the attached ordinances implementing the FY 2005-06 through FY 2006-07 Operating Budget be approved. ■ Attachments: FY 2005-06 Operating Budget ordinances Recommended Action: Approval of Ordinances Submitting Department/Agency: Department of Management Services City Manager;'� 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE 2 FISCAL YEAR BEGINNING JULY 1, 2005 AND ENDING JUNE 3 30, 2006 IN THE SUM OF $1,498,529,258 FOR OPERATIONS 4 AND $516,510,423 IN INTERFUND TRANSFERS AND 5 REGULATING THE PAYMENT OF MONEY OUT OF THE CITY 6 TREASURY, AS AMENDED 7 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 8 beginning July 1, 2005, and ending June 30, 2006, and it is necessary to appropriate sufficient funds to cover 9 said budget; 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 Section 1. That the amounts named aggregating $2,015,039,681 consisting of $516,510,423 in interfund 13 transfers and $1,498,529,258 for operations, are hereby appropriated subject to the conditions hereinafter set 14 forth for the use of departments, and designated funds of the city government, and for the purposes hereinafter 15 mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, for the fiscal 16 year beginning July 1, 2005, and ending June 30, 2006, a summary of which is attached to this ordinance as 17 "Attachment A — Appropriations." 18 Section 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in support of 19 Appropriations is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of 20 Appropriations attached to this ordinance as "Attachment B — Revenues." 21 Section 3. With the exception of the School Operating Fund, and the Sheriff's Special Revenue Fund, 22 the total number of full-time permanent positions shall be the maximum number of positions authorized for the 23 various departments of the City during the fiscal year, except for changes or additions authorized by the Council 24 or as hereinafter provided. The City Manager may from time to time increase or decrease the number of part- 25 time or temporary positions provided the aggregate amount expended for such services shall not exceed the 26 respective appropriations made therefore. The City Manager is further authorized to make such rearrangements 27 of positions within and between the departments as may best meet the needs and interests of the City. 28 Section 4. To improve the effectiveness and efficiencies of the government in service delivery, the City 29 Council hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions 30 throughout the fiscal year as may be necessary to implement organizational adjustments that have been 31 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments 32 shall be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to 33 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a 34 report each year to the City Council identifying the status and progress of any such organizational adjustments. 35 Section 5. All current and delinquent collections of local taxes shall be credited to the General Fund and, 36 where appropriate, to any special service district special revenue fund or any tax increment financing funds 37 created by City Council. Transfers shall be made from the General Fund to the respective designated funds to 38 which a special levy is made in the amount of collection for each specially designated fund. 39 Section 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of 40 business for the fiscal year ending on June 30, 2006, unless otherwise provided for, are hereby declared to be 41 lapsed into the fund balance of the respective funds, except the School Operating Fund which shall lapse into the 42 General Fund Balance, and may be used for the payment of the appropriations that may be made in the 43 appropriation ordinance for the fiscal year beginning July 1, 2006. However, there shall be retained in the 44 General Fund 45 the budget fOF Gity and SGheol debt GeFViGe payments for that fiSGal year an undesignated fund balance of 8% to 46 12% of the following year's budgeted revenues, for contingency and emergency situations, not to be used to 47 support appropriations approved in the ordinance for the fiscal year beginning July 1, 2005, except upon 48 subsequent authorization by City Council. 49 Section 7. That the City's debt management policies for the Water and Sewer Enterprise fund shall serve 50 as a basis for developing financial strategies for the water and sanitary sewer system based on the following 51 guidelines: (a) for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one 52 year's operating expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service 53 coverage on its water and sewer revenue bonds at not less than 1.50 times and, on a combined basis, including 54 water and sewer general obligation bonds, at no less than 1.20 times and (c) for the Water and Sewer Fund, 55 contributions from non -borrowed funds, on a five-year rolling average basis, will be sought for approximately 25% 56 of the annual capital program for the water and sewer system. 57 Section 8. All balances of appropriations in each fund which support authorized obligations or are 58 encumbered at the close of the business for the fiscal year ending on June 30, 2006, are hereby declared to be 59 reappropriated into the fiscal year beginning July 1, 2006, and estimated revenues adjusted accordingly. 60 Section 9. No department or agency for which appropriations are made under the provisions of this 61 Ordinance shall exceed the amount of such appropriations except with the consent and approval of the City 62 Council first being obtained. It is expressly provided that the restrictions with respect to the expenditure of the 63 funds appropriated shall apply only to the totals for each Appropriation Unit included in this ordinance and does 64 not apply to Interfund Transfers. 65 Section 10. The City Manager or the Director of Management Services is hereby authorized to approve 66 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this 67 ordinance. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 68 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all 69 Reserves for Contingencies except Reserve for Contingencies — Regular, within the intent of the Reserve as 70 approved by City Council. ...... shall be - alaRG Development ■- velOpMeRt ■_ Ve'E)pFneRt AutheFity for this ...... 75 shall be based upon a GpeGifffiG request by the DevelopMMt Autherity and UPOR the ■ Development76 that the f6iRds are ReG86sary for the be made upoR terms 78 shall be repaid by the Development MaRageF shall Fnake a repeFt■. :1 traRsfeFs made URder 81 82 PIaR fURd at the eRd of the fiSGal year to 41Rd shortfal'S OR the plan should they GGGur. 83 Section 11. The City Manager or the Director of Management Services is hereby authorized to establish 84 and administer budgeting within Appropriation Units consistent with best management practices, reporting 85 requirements, and the programs and services adopted by the City Council. 86 Section 12. The City Manager or the Director of Management Services is hereby authorized to change 87 the Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in 88 support of an Operating Appropriation Unit declines, the City Manager or the Director of Management Services is 89 hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in 90 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total 91 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 92 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be 93 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for 94 each of the City's funds. The City Manager or the Director of Management Services is hereby authorized to 95 transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which 96 those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 97 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the 98 bonded debt of the City Government. 99 Section 13. Allowances made from the appropriations made in this ordinance by any or all of the City 100 departments, bureaus, or agencies, to any of their officers and employees for expenses on account of the use by 101 such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed 102 thirty- six cents ($.325) f&M per mile of actual travel for the first 15,000 miles and fifteen ($.15) 103 per mile for additional miles of such use within the fiscal year. 104 Section 14. In the event of an emergency and under emergency circumstances wherein the City Council 105 cannot reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums 106 from any budget account to ensure that the emergency is handled as efficiently and expeditiously as possible 107 Immediately following the expenditure of funds under this provision and as soon as the City Council can 108 reasonably meet under the existing circumstances the City Manager shall notify the City Council the reason for 109 such action, how funds were expended, and present to the City Council for adoption an emergency 110 appropriations ordinance that sets forth what measures are required to ensure that funds are forthwith restored to 111 the appropriate accounts and that the budget is balanced at the end of the fiscal year in which the emergency 112 expenditures occurred. 113 An emergency is defined for the purposes of this provision as an event that could not have been 114 reasonably foreseen at the time of the adoption of the budget and in which (i) an immediate threat to the public 115 health, safety or welfare is involved, such as clean-up after a hurricane and/or (ii) immediate action is required to 116 protect or preserve public properties. 117 Section 15. All travel expense accounts shall be submitted on forms approved by the Director of Finance 118 and according to regulations approved by the City Council. Each account shall show the dates expenses were 119 incurred or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses. 120 The Director of Finance is specifically directed to withhold the issuance of checks in the event expense accounts 121 are submitted for "lump -sum" amounts. 122 Section 16. Violation of this ordinance may result in disciplinary action by the City Manager against the 123 person or persons responsible for the management of the Appropriation Unit in which the violation occurred. 124 Section 17. This ordinance shall be effective on July 1, 2005. 125 Section 18. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such 126 decision shall not affect the validity of the remaining parts of this ordinance. 127 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 10`h day of May, 2005. 128 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Services y ttorney s bffice CA9561 City of Virginia Beach, Virginia Fiscal Year 2005.06 Budget Ordinance Attachment A - Appropriations FY 2005-06 Adopted 002 General Fund Agriculture 887,898 Audit Services 490,494 Benefits Administration 283,409 Board of Equalization 18,333 Circuit Court 990,212 City Attorney 3,574,192 City Clerk 636,575 City Manager 2,369,059 City Real Estate Assessor 2,847,129 City Treasurer 5,166,361 Clerk of the Circuit Court 877,177 Commissioner of the Revenue 4,171,572 Commonwealth's Attorney 5,727,522 Communications and Information Technology 2,574,604 Community Organization Grants 640,313 Convention and Visitor Bureau 4,203,042 Convention and Visitor Bureau (Major Projects) 4,640,405 Director of Finance 5,032,912 E3 Initiative 60,000 Economic Development 2,083,292 Emergency Medical Services 6,180,475 Employee Special Benefits 2,040,760 Fire 35,792,106 General District Court 337,595 General Registrar 1,401,561 Health 2,935,741 Housing and Neighborhood Preservation 1,633,514 Human Resources 4,405,256 Human Services 77,480,640 Human Services Integration - Information Technology 600,692 Independent Financial Services 140,780 Juvenile Probation 2,286,656 Juvenile and Domestic Relations District Court 161,457 Library 17,287,151 Magistrates 143,460 Management Services 3,580,275 Mass Transit Operations 1,663,365 Municipal Council 511,369 Museums 984,319 Parks and Recreation 12,741,061 Planning and Community Development 10,422,265 Police 72,190,093 Public Works 76,494,714 Regional Participation 1,687,607 Reserve for Contingencies 11,839,126 Revenue Reimbursements 6,895,272 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment A - Appropriations FY 2005-06 Adopted Transfer to Other Funds 457,394,389 Vehicle Replacements 4,900,000 Wetlands Board of Virginia Beach 13,925 Zoning Board of Appeals 42,341 Fund 002 Appropriation Totals 861,462,466 108 School Instructional Technology Fund Instructional Technology 4,887,320 Fund 108 Appropriation Totals 4,887,320 109 School Vending Operations Fund Education - Athletic 1,720,000 Fund 109 Appropriation Totals 1,720,000 112 School Communication Tower Technology Fund Instructional Technology 1,250,000 Fund 112 Appropriation Totals 1,250,000 114 School Cafeteria Fund Education - Cafeteria 22,754,582 Fund 114 Appropriation Totals 22,754,582 115 School Operating Fund Administration, Attendance, and Health 21,448,183 Instruction 493,605,781 Less: City Manager Reduction -23,040,530 Operations and Maintenance 82,351,757 Pupil Transportation 28,047,045 Fund 115 Appropriation Totals 602,412,236 116 School Grants Fund Education - Grants 59,283,886 Fund 116 Appropriation Totals 59,283,886 117 School Textbook Fund Education - Textbook 6,995,974 Fund 117 Appropriation Totals 6,995,974 119 School Athletic Special Revenue Fund Education - Athletic 4,034,925 Fund 119 Appropriation Totals 4,034,925 120 Federal Police Department Grant Fund Police (Uniform Patrol Grant) 1,349,662 Reserve for Contingencies 72,614 Fund 120 Appropriation Totals 1,422,276 130 Law Library Fund Library (Law Library) 329,700 Reserve for Contingencies 4,500 Transfer to Other Funds 60,000 Fund 130 Appropriation Totals 394,200 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment A - Appropriations FY 2005-06 Adopted 131 Pendleton Child Service Center Fund Human Services 1,512,618 Fund 131 Appropriation Totals 1,512,618 134 E-911 Communications Special Revenue Fund Communications and Information Technology 9,343,197 Reserve for Contingencies 1,334,350 Transfer to Other Funds 1,496,879 Fund 134 Appropriation Totals 12,174,426 142 DEA Seized Property Special Revenue Fund Commonwealth's Attorney 160,000 Fund 142 Appropriation Totals 160,000 143 Access Channel Support Special Revenue Fund Communications and Information Technology 11,806 Fund 143 Appropriation Totals 11,806 146 Police Extraditions Special Revenue Fund Police (Airplane Enterprise) 565,000 Police (Extraditions) 229,914 Fund 146 Appropriation Totals 794,914 147 Federal Section 8 Program Special Revenue Fund Housing and Neighborhood Preservation (Section 8 Housing) 858,000 Housing and Neighborhood Preservation (Section 8) 10,896,573 Reserve for Contingencies 14,000 Fund 147 Appropriation Totals 11,768,573 148 Comprehensive Services Act Special Revenue Fund Human Services 8,265,790 Transfer to Other Funds 1,288,806 Fund 148 Appropriation Totals 9,554,596 149 Sherifrs Department Special Revenue Fund Sheriff and Corrections 28,723,856 Fund 149 Appropriation Totals 28,723,856 150 Inmate Services Special Revenue Fund Sheriff and Corrections (Inmate Services) 469,002 Transfer to Other Funds 274,551 Fund 150 Appropriation Totals 743,553 151 Parks and Recreation Special Revenue Fund Parks and Recreation 22,308,159 Public Works 2,426,380 Reserve for Contingencies 340,504 Transfer to Other Funds 320,680 Fund 151 Appropriation Totals 25,395,723 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment A - Appropriations 152 Tourism Growth Investment Fund Convention and Visitor Bureau (TGIF) Museums Parks and Recreation (TGIF) Planning and Community Development (TGIF) Public Works (TGIF) Reserve for Contingencies Transfer to Other Funds 156 Police Services Special Revenue Fund FY 2005-06 Adopted 2,787,327 50,500 29,332 376,962 690,592 385,728 11,494,650 Fund 152 Appropriation Totals 15,815,091 Police 20,000 Fund 156 Appropriation Totals 20,000 157 Sandbridae Special Service District Special Revenue Fund Reserve for Future Commitments 2,503,257 Fund 157 Appropriation Totals 2,503,257 158 EMS State Four -for -Life Special Revenue Fund Emergency Medical Services 159 Fire Programs Special Revenue Fund Fire (Fire Programs) Transfer to Other Funds 161 Aariculture Reserve Proaram Special Revenue Fund 370,000 Fund 158 Appropriation Totals 370,000 500,000 170,229 Fund 159 Appropriation Totals 670,229 Agriculture (Agricultural Reserve Program) 221,024 Reserve for Future Commitments 792,161 Transfer to Other Funds 2,724,000 Fund 161 Appropriation Totals 3,737,185 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau (Tourism Advertising) 8,391,204 Reserve for Contingencies 11,513 Fund 163 Appropriation Totals 8,402,717 165 Lvnnhaven Mall Tax Increment Financina Fund Reserve for Contingencies 150,000 Tax Increment Financing 1,900,000 Fund 165 Appropriation Totals 2,050,000 166 Sandbridae Tax Increment Financina Fund Reserve for Future Commitments 6,372,547 Fund 166 Appropriation Totals 6,372,547 167 Arts and Humanities Commission Special Revenue Fund Arts and Humanities Commission 485,026 Fund 167 Appropriation Totals 485,026 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment A - Appropriations FY 2005-06 Adopted 169 Central Business District - South TIF (Town Center) Fund Transfer to Other Funds 2,578,913 Fund 169 Appropriation Totals 2,578,913 170 Virginia Aquarium Special Revenue Fund Museums (Virginia Marine Science Museum) 6,685,123 Reserve for Contingencies 69,513 Fund 170 Appropriation Totals 6,754,636 171 Sportsplex Special Revenue Fund Parks and Recreation 458,291 Reserve for Contingencies 2,899 Fund 171 Appropriation Totals 461,190 172 Open Space Special Revenue Fund Parks and Recreation (Open Space) 71,115 Public Works (Open Space) 52,000 Reserve for Contingencies 3,100 Reserve for Future Commitments 1,176,904 Transfer to Other Funds 2,383,226 Fund 172 Appropriation Totals 3,686,345 173 Maior Proiects Special Revenue Fund Public Works (Major Projects) 334,712 Reserve for Contingencies 1,608 Transfer to Other Funds 17,305,197 Fund 173 Appropriation Totals 17,641,517 174 Town Center Special Tax District Reserve for Contingencies 523,623 Town Center Special Tax District 289,699 Transfer to Other Funds 49,461 Fund 174 Appropriation Totals 862,783 175 Golf Course Special Revenue Fund Parks and Recreation (Golf Courses) 2,151,389 Reserve for Contingencies 83,296 Transfer to Other Funds 200,000 Fund 175 Appropriation Totals 2,434,685 176 Transition Area Special Revenue Fund Reserve for Future Commitments 206,617 Fund 176 Appropriation Totals 206,617 180 Communitv Development Special Revenue Fund Community Development Block Grants 1,690,136 Housing and Neighborhood Preservation 1,283,961 Reserve for Contingencies 42,215 Fund 180 Appropriation Totals 3,016,312 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment A - Appropriations FY 2005-06 Adopted 181 CD Loan and Grant Fund Community Development Block Loan and Grants 662,954 Fund 181 Appropriation Totals 662,954 182 Federal Housina Assistance Grant Fund Federal HOME Grants 1,731,980 Fund 182 Appropriation Totals 1,731,980 183 Grants Consolidated Fund Commonwealth's Attorney - Grants 292,256 Community Corrections 568,228 Fire Grants 1,008,035 Housing and Neighborhood Grants 1,068,169 Police (Uniform Patrol Grant) 60,902 Reserve for Contingencies 111,934 Sheriff - Grants 250,078 Social Services Grants 1,330,741 Fund 183 Appropriation Totals 4,690,343 185 Mental Health Grants Fund Human Services 210,617 Human Services (Substance Abuse Grants) 516,682 Fund 185 Appropriation Totals 727,299 241 Water and Sewer Fund Debt Service 12,276,909 Public Utilities 64,476,775 Reserve for Contingencies 1,062,480 Transfer to Other Funds 10,073,091 Fund 241 Appropriation Totals 87,889,255 253 Parkina Enterprise Fund Convention and Visitor Bureau (Parking) 2,705,513 Reserve for Contingencies 21,130 Transfer to Other Funds 607,100 Fund 253 Appropriation Totals 3,333,743 255 Storm Water Utility Enterprise Fund Debt Service 1,290,602 Public Works (Storm Water Operations) 9,593,208 Reserve for Contingencies 242,070 Transfer to Other Funds 8,089,251 Fund 255 Appropriation Totals 19,215,131 302 General Debt Fund Debt Service 107,854,973 Fund 302 Appropriation Totals 107,854,973 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment A - Appropriations FY 2005-06 Adopted 430 Roadways General Revenue Capital Projects Fund Roadways Capital Projects 9,029,750 Fund 430 Appropriation Totals 9,029,750 431 Coastal General Revenue Capital Projects Fund Coastal Capital Projects 1,599,315 Fund 431 Appropriation Totals 1,599,315 432 Economic and Tourism General Revenue Capital Projects Fund Economic and Tourism Development Capital Projects 2,740,632 460 School General Revenue Capital Projects Fund School Capital Projects Fund 432 Appropriation Totals 2,740,632 Fund 460 Appropriation Totals 491 Water and Sewer Operating Revenue Capital Projects Fund Water and Sewer Capital Projects 17,597,408 17,597,408 6,250,000 Fund 491 Appropriation Totals 6,250,000 496 Parks and Recreation General Revenue Capital Projects Fund Parks and Recreation Capital Projects 497 Buildings General Revenue Capital Projects Fund Building Capital Projects 498 Storm Water Capital Project Fund Storm Water Capital Projects 908 City Beautification Fund Parks and Recreation 909 Library Gift Fund Library Gift 911 Parks and Recreation Gift Fund Parks and Recreation (Gift Fund) 950 Circuit Court Clerk Technology Fund Circuit Court Total Budget Appropriations Less Interfund Transfers NET BUDGET APPROPRIATIONS 3,517,951 Fund 496 Appropriation Totals 3,517,951 6,194,765 Fund 497 Appropriation Totals 6,194,765 6,314,680 Fund 498 Appropriation Totals 6,314,680 10,000 Fund 908 Appropriation Totals 10,000 5,522 Fund 909 Appropriation Totals 5,522 112,000 Fund 911 Appropriation Totals 112,000 35,000 Fund 950 Appropriation Totals 35,000 2,015,039,681 516,510,423 1,498,529,258 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment B - Revenues FY 2005-06 Adopted 002 General Fund Revenue from Local Sources General Property Taxes 497,084,590 Other Local Taxes 231,572,985 Permits, Privilege Fees, and Regulatory Licenses 5,738,202 Fines and Forfeitures 4,606,631 From the Use of Money and Property 3,546,475 Charges for Services 9,789,739 Miscellaneous Revenue 1,253,993 Revenue from the Commonwealth Other Sources from the Commonwealth 77,076,940 Revenue from the Federal Government 23,257,615 Transfers from Other Funds 7,135,027 Specific Fund Reserves 400,269 Fund 002 Revenue Totals 861,462,466 108 School Instructional Technology Fund Revenue from Local Sources Miscellaneous Revenue 500,000 Specific Fund Reserves 4,387,320 Fund 108 Revenue Totals 4,887,320 109 School Vending Operations Fund Revenue from Local Sources From the Use of Money and Property 10,000 Miscellaneous Revenue 760,000 Specific Fund Reserves 950,000 Fund 109 Revenue Totals 1,720,000 112 School Communication Tower Technology Fund Revenue from Local Sources From the Use of Money and Property 200,000 Specific Fund Reserves 1,050,000 Fund 112 Revenue Totals 1,250,000 114 School Cafeteria Fund Revenue from Local Sources Charges for Services 12,096,506 Miscellaneous Revenue 155,000 Revenue from the Commonwealth Other Sources from the Commonwealth 340,000 Revenue from the Federal Government 9,626,106 Specific Fund Reserves 536,970 Fund 114 Revenue Totals 22,754,582 115 School Operating Fund Revenue from Local Sources From the Use of Money and Property 465,000 Charges for Services 1,761,594 Miscellaneous Revenue 472,000 Revenue from the Commonwealth State Shared Sales Tax 70,621,940 Other Sources from the Commonwealth 246,007,052 Revenue from the Federal Government 14,371,131 Transfers from Other Funds 268,713,519 Fund 115 Revenue Totals 602,412,236 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment B - Revenues FY 2005-06 Adopted 116 School Grants Fund Revenue from Local Sources Miscellaneous Revenue 3,072,419 Revenue from the Commonwealth Other Sources from the Commonwealth 13,630,762 Revenue from the Federal Government 42,580,705 Fund 116 Revenue Totals 59,283,886 117 School Textbook Fund Revenue from Local Sources From the Use of Money and Property 100,000 Charges for Services 6,000 Miscellaneous Revenue 1,604,077 Revenue from the Commonwealth Other Sources from the Commonwealth 3,130,369 Specific Fund Reserves 2,155,528 Fund 117 Revenue Totals 6,995,974 119 School Athletic Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 40,000 Charges for Services 380,000 Miscellaneous Revenue 2,842,619 Specific Fund Reserves 772,306 Fund 119 Revenue Totals 4,034,925 120 Federal Police Department Grant Fund Revenue from the Federal Government 891,894 Transfers from Other Funds 530,382 Fund 120 Revenue Totals 1,422,276 130 Law Library Fund Revenue from Local Sources From the Use of Money and Property 4,750 Charges for Services 225,000 Transfers from Other Funds 150,301 Specific Fund Reserves 14,149 Fund 130 Revenue Totals 394,200 131 Pendleton Child Service Center Fund Revenue from Local Sources From the Use of Money and Property 9,500 Charges for Services 30,000 Miscellaneous Revenue 233,268 Revenue from the Commonwealth Other Sources from the Commonwealth 355,983 Revenue from the Federal Government 12,500 Transfers from Other Funds 871,367 Fund 131 Revenue Totals 1,512,618 134 E-911 Communications Special Revenue Fund Revenue from Local Sources Other Local Taxes 8,268,000 From the Use of Money and Property 44,775 Miscellaneous Revenue 36,721 Revenue from the Commonwealth Other Sources from the Commonwealth 1,902,834 Transfers from Other Funds 1,451,322 Specific Fund Reserves 470,774 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment B - Revenues FY 2005-06 Adopted Fund 134 Revenue Totals 12,174,426 142 DEA Seized Property Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 100,000 Specific Fund Reserves 60,000 Fund 142 Revenue Totals 160,000 143 Access Channel Support Special Revenue Fund Revenue from Local Sources Miscellaneous Revenue 11,806 Fund 143 Revenue Totals 11,806 146 Police Extraditions Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 794,914 Fund 146 Revenue Totals 794,914 147 Federal Section 8 Program Special Revenue Fund Revenue from the Federal Government 11,711,616 Transfers from Other Funds 56,957 Fund 147 Revenue Totals 11,768,573 148 Comprehensive Services Act Special Revenue Fund Revenue from Local Sources Charges for Services 9,772 Miscellaneous Revenue 737,115 Revenue from the Commonwealth Other Sources from the Commonwealth 5,511,382 Transfers from Other Funds 3,296,327 Fund 148 Revenue Totals 9,554,596 149 Sheriffs Department Special Revenue Fund Revenue from Local Sources Charges for Services 1,909,328 Miscellaneous Revenue 50,040 Revenue from the Commonwealth Other Sources from the Commonwealth 16,362,798 Revenue from the Federal Government 80,300 Transfers from Other Funds 10,177,654 Specific Fund Reserves 143,736 Fund 149 Revenue Totals 28,723,856 150 Inmate Services Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 15,000 Charges for Services 728,553 Fund 150 Revenue Totals 743,553 151 Parks and Recreation Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 862,079 Charges for Services 9,599,619 Miscellaneous Revenue 38,850 Revenue from the Federal Government 2,500 Transfers from Other Funds 14,892,675 Fund 151 Revenue Totals 25,395,723 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment B - Revenues FY 2005-06 Adopted 152 Tourism Growth Investment Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses 69,091 From the Use of Money and Property 517,874 Transfers from Other Funds 15,228,126 Fund 152 Revenue Totals 15,815,091 156 Police Services Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 20,000 Fund 156 Revenue Totals 20,000 157 Sandbridge Special Service District Special Revenue Fund Revenue from Local Sources General Property Taxes 1,018,625 Other Local Taxes 392,632 From the Use of Money and Property 128,327 Transfers from Other Funds 963,673 Fund 157 Revenue Totals 2,503,257 158 EMS State Four -for -Life Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 370,000 Fund 158 Revenue Totals 370,000 159 Fire Programs Special Revenue Fund Revenue from the Commonwealth Other Sources from the Commonwealth 670,229 Fund 159 Revenue Totals 670,229 161 Agriculture Reserve Program Special Revenue Fund Transfers from Other Funds 3,737,185 Fund 161 Revenue Totals 3,737,185 163 Tourism Advertising Program Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 33,442 Charges for Services 950 Miscellaneous Revenue 40,000 Transfers from Other Funds 8,264,783 Specific Fund Reserves 63,542 Fund 163 Revenue Totals 8,402,717 165 Lynnhaven Mall Tax Increment Financing Fund Revenue from Local Sources General Property Taxes 1,836,852 Specific Fund Reserves 213,148 Fund 165 Revenue Totals 2,050,000 166 Sandbridge Tax Increment Financing Fund Revenue from Local Sources General Property Taxes 6,149,811 From the Use of Money and Property 222,736 Fund 166 Revenue Totals 6,372,547 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment B - Revenues FY 2005-06 Adopted 167 Arts and Humanities Commission Special Revenue Fund Transfers from Other Funds 485,026 Fund 167 Revenue Totals 485,026 169 Central Business District - South TIF (Town Center) Fund Revenue from Local Sources General Property Taxes 2,398,654 From the Use of Money and Property 93,099 Specific Fund Reserves 87,160 Fund 169 Revenue Totals 2,578,913 170 Virginia Aquarium Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 12,500 Charges for Services 5,538,918 Miscellaneous Revenue 719,520 Transfers from Other Funds 483,698 Fund 170 Revenue Totals 6,754,636 171 Sportsplex Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 90,000 Charges for Services 15,000 Transfers from Other Funds 265,635 Specific Fund Reserves 90,555 Fund 171 Revenue Totals 461,190 172 Open Space Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 277,162 Transfers from Other Funds 3,409,183 Fund 172 Revenue Totals 3,686,345 173 Major Projects Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 606,979 Transfers from Other Funds 14,714,118 Specific Fund Reserves 2,320,420 Fund 173 Revenue Totals 17,641,517 174 Town Center Special Tax District Revenue from Local Sources General Property Taxes 862,783 Fund 174 Revenue Totals 862,783 175 Golf Course Special Revenue Fund Revenue from Local Sources From the Use of Money and Property 236,680 Charges for Services 1,946,865 Transfers from Other Funds 251,140 Fund 175 Revenue Totals 2,434,685 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment B - Revenues FY 2005-06 Adopted 176 Transition Area Special Revenue Fund Transfers from Other Funds 206,617 Fund 176 Revenue Totals 206,617 180 Community Development Special Revenue Fund Revenue from the Federal Government 2,546,908 Transfers from Other Funds 469,404 Fund 180 Revenue Totals 3,016,312 181 CD Loan and Grant Fund Revenue from the Federal Government 309,247 Non -Revenue Receipts 353,707 Fund 181 Revenue Totals 662,954 182 Federal Housing Assistance Grant Fund Revenue from the Federal Government 1,506,980 Non -Revenue Receipts 225,000 Fund 182 Revenue Totals 1,731,980 183 Grants Consolidated Fund Revenue from the Commonwealth Other Sources from the Commonwealth 1,216,350 Revenue from the Federal Government 3,287,515 Non -Revenue Receipts 32,000 Transfers from Other Funds 154,478 185 Mental Health Grants Fund Revenue from Local Sources Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government 241 Water and Sewer Fund Revenue from Local Sources From the Use of Money and Property Charges for Services Miscellaneous Revenue Non -Revenue Receipts Transfers from Other Funds Specific Fund Reserves 253 Parking Enterprise Fund Revenue from Local Sources Permits, Privilege Fees, and Regulatory Licenses Fines and Forfeitures From the Use of Money and Property Charges for Services Transfers from Other Funds Fund 183 Revenue Totals 4,690,343 3,000 248,990 475,309 Fund 185 Revenue Totals 727,299 1,496,140 82,439,809 221,495 3,397,043 234,768 100,000 Fund 241 Revenue Totals 87,889,255 32,000 485,783 55,433 2,452,263 308,264 Fund 253 Revenue Totals 3,333,743 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment B - Revenues FY 2005-06 Adopted 255 Storm Water Utility Enterprise Fund Revenue from Local Sources From the Use of Money and Property 83,337 Charges for Services 13,931,076 Revenue from the Commonwealth Other Sources from the Commonwealth 5,135,206 Transfers from Other Funds 65,512 Fund 255 Revenue Totals 19,215,131 302 General Debt Fund Transfers from Other Funds 106,748,781 Specific Fund Reserves 1,106,192 Fund 302 Revenue Totals 107,854,973 430 Roadways General Revenue Capital Proiects Fund Transfers from Other Funds 9,029,750 Fund 430 Revenue Totals 9,029,750 431 Coastal General Revenue Capital Proiects Fund Transfers from Other Funds 1,599,315 Fund 431 Revenue Totals 1,599,315 432 Economic and Tourism General Revenue Capital Projects Fund Transfers from Other Funds 2,740,632 Fund 432 Revenue Totals 2,740,632 460 School General Revenue Capital Projects Fund Transfers from Other Funds 17,597,408 Fund 460 Revenue Totals 17,597,408 491 Water and Sewer Operatina Revenue Capital Projects Fund Transfers from Other Funds 6,250,000 Fund 491 Revenue Totals 6,250,000 496 Parks and Recreation General Revenue Capital Projects Fund Transfers from Other Funds 3,517,951 Fund 496 Revenue Totals 3,517,951 497 Buildinas General Revenue Capital Proiects Fund Transfers from Other Funds 6,194,765 Fund 497 Revenue Totals 6,194,765 498 Storm Water Capital Project Fund Transfers from Other Funds 6,314,680 Fund 498 Revenue Totals 6,314,680 908 City Beautification Fund Revenue from Local Sources Miscellaneous Revenue 10,000 Fund 908 Revenue Totals 10,000 City of Virginia Beach, Virginia Fiscal Year 2005-06 Budget Ordinance Attachment B - Revenues FY 2005-06 Adopted 909 Library Gift Fund Revenue from Local Sources Miscellaneous Revenue 5,522 Fund 909 Revenue Totals 5,522 911 Parks and Recreation Gift Fund Revenue from Local Sources Miscellaneous Revenue 950 Circuit Court Clerk Technology Fund Revenue from Local Sources Charges for Services Total Budget Revenues Less Interfund Transfers NET BUDGET REVENUES 112,000 Fund 911 Revenue Totals 112,000 35,000 Fund 950 Revenue Totals 35,000 2,015,039,681 516,510,423 1,498,529,258 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON 2 REAL ESTATE FOR FISCAL YEAR 2006 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 Sec. 1. Amount of Levy on Real Estate. 5 There shall be levied and collected for fiscal year 2006 taxes for general purposes on all real estate, 6 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and 7 not otherwise provided for in this ordinance, at the rate of one dollar niRet88rt two and sixty :r thirty-nine one- 8 hundredths cents ($1.1964) 1.0239 on each one hundred dollars ($100) of assessed valuation thereof. The 9 real property tax rate that has been prescribed in this section shall be applied on the basis of one hundred 10 percentum of the fair market value of such real property, except for public service real property, which shall be on 11 the basis as provided in Section 58.1-2604 of the Code of Virginia. 12 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real 13 Estate, "Certified Storm Water Management Developments and Property," "Certified Solar 14 Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and 15 "Environmental Restoration Sites," Real Estate Improved by Erosion Controls, and Certain 16 Wetlands and Riparian Buffers. 17 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 18 of the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2006, taxes on all 19 real estate (a) certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," 20 (b) certified by the Department of Environmental Quality as "Certified Storm Water Management Developments 21 and Property," (c) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy 22 Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (d) defined by Code of 23 Virginia Section 58.1-3664 as an "Environmental Restoration Site," (e) improved to control erosion as defined by 24 Code of Virginia § 58.1-3665, or (f) qualifying as wetlands and riparian buffers as described by Code of Virginia § 25 58.1-3666, not exempt from taxation, at a rate of one dollar nineteen two and sixty four thirty-nine one -hundredths 26 cents ($4.1964) 1.0239 on each one hundred dollars of assessed valuation thereof. The real property tax rates 27 imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real 28 property except for public service property, which shall be on the basis as provided in Section 58.1-2604 of the 29 Code of Virginia. 29 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 30 There shall be levied and collected for fiscal year 2006, taxes for the special purpose of providing beach and 31 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service 32 District, not exempt from taxation, at the rate of twelve cents ($.12) on each one hundred dollars ($100) of 33 assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 34 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis on one hundred 35 percentum of the fair market value of such real property except public service real property, which shall be on the 36 basis as provided in Section 58.1-2604 of the Code of Virginia. 37 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 38 For the special purpose of operating and maintaining the parking garage and providing enhanced 39 services for the plaza and public spaces within the boundaries of the service district at the Town Center, as well 40 as other additional services authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal 41 year 2006, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at 42 the rate of fifty-seven cents ($.57) on each one hundred dollars ($100) of assessed value thereof. This real estate 43 tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. The real estate tax rate 44 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real 45 property except public service real property, which shall be on the basis as provided in Section 58.1-2604 of the 46 Code of Virginia. 47 Sec.5. Severability. 48 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 49 shall not affect the validity of the remaining portions of this ordinance. 50 Sec. 6. Effective date. 51 The effective date of this ordinance shall be July 1, 2005. 52 Adopted by the City Council of the City of Virginia Beach, Virginia on this 101h day of May, 2005. 53 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Services C A rney's Office CA9562 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 2006 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sec. 1. Amount of Levy on Tangible Personal Property. In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general purposes for the calendar year 2006 on all tangible personal property, including all separate classifications of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof. Specific categories of personal property taxed at this rate include, but are not limited to, the following: a. aircraft and flight simulators as described in Code of Virginia § 58.1-3506 (A) (2) and (3) ; b. antique motor vehicles as described in Code of Virginia § 58.1-3506 (A) (4) ; C. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (6) ; d. computer equipment as described in Code of Virginia § 58.1-3506 (A) (9) ; e. tangible personal property as described in (a) Code of Virginia § 58.1-3660 as "certified pollution control equipment and facilities" or (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or devices and certified recycling equipment, facilities or devices"; and f. personal vehicles as described in § 58.1-3524 of the Code of Virginia. Taxes shall be levied and collected for general purposes for the calendar year 2006 on the assessed value of all personal vehicles not otherwise exempted from taxation in this ordinance, subject to the following: 1. Any personal vehicle with a total assessed value of $1,000 or less will be levied no tax. 2. Any personal vehicle with an assessed value of between $1,001 and $20,000 will be levied 32.7% of the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining 67.3% of the computed tax on the first $20,000 of assessed value. 3. Any personal vehicle with an assessed value of over $20,000 will be levied 32.7% of the computed tax based on the first $20,000 of assessed value and 100% of the computed tax based on the 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 assessed value in excess of $20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining 67.3% of the computed tax on the first $20,000 of assessed value. COMMENT This amendment is required to comply with State changes to the Personal Property Tax Reimbursement Act adopted by the General Assembly on July 1, 2004. It ensures that no tax is paid on vehicles assessed at $1,000 or less, that vehicles assessed at between $1,001 and $20,000 are taxed at 32.7% of the normal levy, based on the adopted rate of $3.70 per $100 of assessed value, and that vehicles assessed at over $20,000 are taxed at 32.7% of the normal levy for the first $20,000 of assessed value and 100% of the levy on the assessed value in excess of $20,000. For example, a vehicle assessed at $950 would be levied no tax; a vehicle assessed at $15,000 would be levied a tax of $181.48 (32.7% of the normal levy); and a vehicle assessed at $27,000 would be levied a tax of $500.98 (32.7% of the normal levy for the first $20,000 of assessed value plus 100% of the normal levy for the additional $7,000 of assessed value). Sec. 2. Amount of Levy on Manufactured Homes. In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2006 taxes on all vehicles without motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of Virginia, at the rate of one dollar r iRetacrt two and sixty-four thirty-nine one -hundredths cents ($1.1964) 1.0239 on each one hundred dollars ($100) of assessed valuation thereof. Sec. 3. Amount of Levy on All Boats or Watercraft Weighing Five Tons or More. In accordance with Section 58.1-3506 (A) (1) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2006 taxes on all boats or watercraft weighing five (5) tons or more, except as provided for in Section 5 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 4. Amount of Levy on Machinery and Tools. In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2006 taxes on machinery and tools, including machinery and tools used directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one dollar ($1.00) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia § 58.1-3506 (B) , the following personal property shall also be taxed at the rate of machinery and tools: 60 a all tangible personal property used in research and development businesses, as described in 61 Code of Virginia § 58.1-3506 (A) (5) ; 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 8$ 89 90 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (7) ; and C. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506 (A) (7) . Sec.5. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. In accordance with Sections 58.1-3506 (A) (10) , (A) (26) , and (A) (27) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2006 taxes on all privately owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. Sec. 6. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used for Recreational Purposes Only, and Privately Owned Horse Trailers. In accordance with Sections 58.1-3506 (A) (16) and (A) (28) of the Code of Virginia, there shall be levied and collected for general purposes for the calendar year 2006 at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b) privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the transportation of horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of Virginia. Sec. 7. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. In accordance with Section 58.1-3506 (A) (17) of the Code of Virginia, there shall be a reduced tax, levied and collected for general purposes for the calendar year 2006 at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to the Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so 91 designated or classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 92 (A) (17) , and that his or her disability is service connected. 93 Sec. 8. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty- 94 Five Years of Age or Anyone Found to be Permanently and Totally Disabled. 95 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced 96 tax, levied and collected for general purposes for calendar year 2006, at the rate of three dollars ($3.00) on each 97 one hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used 98 primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled, 99 as defined in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions: 100 1. The total combined income received, excluding the first $7,500 of income, from all sources 101 during calendar year 2005 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 102 ($22,000). 103 2. The owner's net financial worth, including the present value of all equitable interests, as of 104 December 31 of calendar year 2005, excluding the value of the principal residence and the land, not exceeding 105 one (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000). 106 3. All income and net worth limitations shall be computed by aggregating the income and 107 assets, as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any 108 owner of the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance, 109 irrespective of how such motor vehicle may be titled. 110 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or 111 over or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have 112 been satisfied. 113 Sec. 9. Assessed Value Determination. 114 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the 115 above sections shall be assessed at actual fair market value, to be determined by the Commissioner of the 116 Revenue for the City of Virginia Beach. 117 Sec. 10. Severability. 118 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 119 decision shall not affect the validity of the remaining portions of this ordinance. 120 Sec. 11. Effective Date. 121 This ordinance shall be effective January 1, 2006. 122 Adopted by the Council of the City of Virginia Beach, Virginia, on this 10th day of May, 2005. 123 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY " a , V2� Management Services — — City Attorney's O ice CA9563 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN 3 TO THE U.S. DEPARTMENT OF HOUSING AND 4 URBAN DEVELOPMENT 5 WHEREAS, the United States Congress has established legislation designated as the Housing and 6 Community Development Act of 1974 that sets forth the development of viable urban communities as a national 7 goal; 8 WHEREAS, there is federal assistance available for the support of Community Development and Housing 9 activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate 10 income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the 11 City's housing stock and community services, along with other related activities; and 12 WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia 13 Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban 14 Development and has created the necessary mechanisms for its implementation in compliance with federal and 15 local directives; 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 17 VIRGINIA: 18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the 19 City, to submit the City's FY 2006 Annual Funding Plan (the "Plan") and amendments thereto, along with 20 understandings and assurances contained therein and such additional information as may be required, to the 21 Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. 22 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Services C A orney's O ice CA9564 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE 3 TAXES FOR ELDERLY OR DISABLED PERSONS BY 4 INCREASING INCOME AND NET WORTH LIMITS 5 SECTIONS AMENDED: §§ 35-64 AND 35-67 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows: 8 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc. 9 (a) Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division 10 shall be granted to persons subject to the following provisions: 11 (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially 12 held, on June thirtieth immediately preceding the taxable year, by the person or persons 13 claiming exemption, deferral or freeze and is occupied as the sole dwelling of such person or 14 persons. 15 (2) The head of the household occupying the dwelling and owning title or partial title thereto or 16 either spouse in a dwelling jointly held by a husband and wife is either permanently and 17 totally disabled or is sixty-five (65) years of age or older on June thirtieth of the year 18 immediately preceding the taxable year; provided, however, that a dwelling jointly held by a 19 husband and wife may qualify if either spouse is over sixty-five (65) years of age. 20 (3) For the tax exemption programs, the total combined income received from all sources during 21 the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their 22 principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not 23 exceed thirty seven thousand eir+e seven hundred dollars ($30,900.00) ($37,700.00) provided 24 that the first eig#t ten thousand fdvp., ndreQ dollars ($8 5509-00) ($10,000.00) of income of 25 each relative, other than a spouse of the owner, who is living in the dwelling, shall not be 26 included in such total: and provided further that the first seven ten thousand five-#eedred 27 dollars ($7,500.00) ($10,000.00) or any portion thereof of income received by a permanently 28 and totally disabled owner shall not be included in such total. 29 (4) For the tax freeze program, the total combined income received from all sources during the 30 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 (5) (6) (7) (8) principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed forty-five fifty two thousand fees heeds dollars ($45,400.00) ($52,000.00); provided that the first eight ten thousand five hundred dollars ($8,500.00) ($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total; and provided that the first sever♦ ten thousand five-heedred dollars ($7,500.W ($10,000.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. For the tax exemption programs, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed one hundred forty seven seventy-nine thousand feer five hundred dollars ($447,400.00) $179,500.00). For the tax freeze program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed one hundred forty GeveR seventy-nine thousand feet five hundred dollars ($179,500.00). For the tax deferral program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed fifty-two thousand dollars ($52,000.00) provided that the first eight ten thousand five hundred dollars ($8 500.00) ($10,000.00) of income each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total; and provided further that the first sever} ten thousand five hundred dollars ($7,500.00) ($10,000.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. For the tax deferral program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed eee two hundred ninety-five thousand dollars ($495,000.00) ($200,000.00). (9) The dwelling is occupied. Sec. 35-67. Amount of exemption. When a person claiming exemption under this division conforms to the standards and does not exceed the limitations contained in this division, the tax exemption shall be as shown on the following schedule: Total income, All Sources Tax Exemption , $0.00 - $27,800.00 100% $27,800.01 - $30,200.00 80% $30,200.01 - $32,700.00 60% $32,700.01 - $35,100.00 40% $35,100.01 - $37,700.00 20% No lien shall accrue as a result of the amount certified as exempt. BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2005. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Services Ci t orney's Office CA9565 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO 2 MINIMUM SERVICE AVAILABILITY CHARGES AND WATER USAGE 3 RATES 4 SECTIONS AMENDED: CITY CODE §§ 37-46 AND 37-47 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 That Sections 37-46 and 37-47 of the Code of the City of Virginia Beach are hereby amended and 7 reordained, to read as follows: 8 Sec. 37-46. Minimum service availability charges prescribed. 9 €ffe^+„%erT1990, e-Each consumer shall pay a monthly minimum service availability charge as 10 follows for each meter connecting his premises with the city water system: 11 Meter Size Monthly Charge Effective July 1, 2005 Monthly Charge Effective July 1, 2006 12 5/8 inch $3.75 $4.10 13 3/4 inch 4-.35 4.80 5.25 14 1 inch 6.25 6.90 7.60 15 1 1/2 inch i0.95 12.05 13.25 16 2 inch 46.60 18.30 20.10 17 3 inch 29.75 32.75 36.00 18 4 inch 48.50 53.50 58.70 19 6 inch 96.00 106.00 116.00 20 8 inch 1 G� 167.00 184.00 21 10 inch 218.00 240.00 264.00 22 12 inch 406.00 447.00 491.00 23 Fire Hydrant Meter 29.75 32.75 36.00 24 Sec. 37-47. Water usage rates prescribed. 25 In addition to the charges provided for in section 37-46, each consumer shall pay for water usage the rate 26 of . three dollars and 27 sixty-five cents ($3.65) per one thousand (1,000) gallons, as of July 1, 2005, three dollars and seventy cents 28 ($3.70) per one thousand (1,000) gallons, as of July 1, 2006, three dollars and eighty cents ($3.80) per one 29 thousand (1,000) gallons, as of July 1, 2007, three dollars and ninety-five cents ($3.95) per one thousand (1,000) 30 gallons, as of July 1, 2008, and four dollars and ten cents ($4.10) per one thousand (1,000) gallons as of July 1 31 2009. 32 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2005. 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY L:�q A - Management Services Ci y torney's Office CA9566 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 SANITARY SEWER SERVICE CHARGES 3 SECTION AMENDED: § 28-26 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That section 28-26 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 6 to read as follows: 7 Sec. 28-26 Sanitary sewer charges established. 8 The following monthly charges are hereby established with respect to all property connected directly or 9 indirectly to the public sewer system maintained by the city: 10 1) Residential uses: 11 a) Single-family detached residences: $12.29 $15.92 effective July 1, 2004- 2005, and 12 $1�7 $16.88 effective July 1, 2002 2006, and $14 34 $17.72 effective July 1, 2003` 13 2007, and $18.61 effective July 1, 2008, and $19.54 effective July 1 2009 14 b) Structures with two (2) or more family residential units with one (1) connection to the 15 public sewer system, except where structures meet the criteria set forth in subsection (e), 16 and trailer parks: 17 (1) First unit or trailer: $12.29 $15.92 effective July 1, 2001 2005, and $43.27 18 $16.88 effective July 1, 2002 2006, and $11 .34 $17.72 effective July 1, 20A 19 2007, and $18.61 effective July 1, 2008 and $19.54 effective July 1 2009 20 (2) Each additional unit or trailer: $9.22 $11.94 effective July 1, 2001 2005, and 21 $9:96 $12.66 effective July 1, 2002 2006, and $10.76 $13.29 effective July 1, 22 2003 2007, and $13.95 effective July 1, 2008, and $14.65 effective July 1 2009 23 c) Hotels and motels: 24 (1) For the first room provided for occupancy: $ate .29 $15.92 effective July 1, 20" 25 2005, and $13.27 $16.88 effective July 1, 2002 2006, and $44.34 $17.72 26 effective July 1, 2003 2007, and $18.61 effective July 1 2008 and $19.54 27 effective July 1, 2009. 28 (2) Each additional room for occupancy: $4-94 $6.39 effective July 1, 2-9" 2005, 29 and $5 33 $6.77 effective July 1, 2002 2006, and $&76 $7.11 effective July 1, 30 2003 2007, and $7.47 effective July 1, 2008, and $7.84 effective July 1, 2009. 31 d) Campgrounds: 32 (1) For the first pace provided: $12.29 $15.92 effective July 1, 2001 2005, and 33 $1� $16.00 effective July 1, 2002 2006 and $44.34 $17.72 effective July 1, 34 20032007, and $18.61 effective July 1, 2008 and $19.54 effective July 1, 2009. 35 (2) For each additional space provided: $4-.94 $6.39 effective July 1, 2004 2005, 36 and $6 33 $6.77 effective July 1, 2002 2006 and $&.76 $7.11 effective July 1, 37 2003 2007, and $7.47 effective July 1, 2008, and $7.84 effective July 1 2009. 38 e) If a structure or property has two (2) or more family residential units, each of which is 39 directly connected to the public sewer system owned and operated by the city, the charge 40 for individual unit(s) shall be no less than $42.29 $15.92 per unit effective July 1, 2004 41 2005, and $13.27 $16.88 per unit effective July 1, 2002 2006 and $14.34 $17.72 per unit 42 effective July 1, 2003 2007, and $18.61 per unit effective July 1 2008 and $19 54 per 43 unit effective July 1, 2009. 44 f) Separately metered multi -unit structures served by a privately -owned on -site sewer 45 collection system with a single connection point to the city's sewer system shall be 46 charged $11.94 per unit effective July 1 2005 and $12 66 effective July 1 2006 and 47 $13.29 effective July 1, 2007, and $13.95 effective July 1 2008 and $14 65 effective July 48 1, 2009. 49 2) Nonresidential uses: 50 a) Effective July 1, 2001 2005, for all nonresidential uses in which there is also supplied 51 public water service, the sanitary sewer service charge shall be determined by the size of 52 the water tap through which water is provided, as per the following schedule: 53 Tap Size Monthly Charge 54 3/4 inch ... $12.34 $15.98 55 1 inch ... 45.56 20.18 56 1 1 /2 inch ... 30.86 39.95 57 2 inch ... 46.76 60.55 58 3 inch ... Al RO 118.86 59 4 inch ... 153.36 198.56 60 6 inch ... 307.80 398.51 61 8 inch ... 714.96 925.66 62 10 inch ... 1,182.60 1,531.11 63 12 inch ... ' ,',- °�0 2,321.14 64 Effective July 1, 2002 2006, for all nonresidential uses in which there is also supplied 65 public water service, the sanitary sewer service charge shall be determined by the size of 66 the water tap through which water is provided, as per the following schedule: 67 Tap Size Monthly Charge 68 3/4 inch ... $13.33 $16.94 69 1 inch ... 16.83 21.39 70 1 1/2 inch ...33.3242.35 71 2 inch ... 50.51 64.18 72 3 inch ... 9914125.99 73 4 inch ... 165.63 210.47 74 6 inch ... 332.42 422.42 75 8 inch ... 772.16 981.20 76 10 inch ... 1 ,'�.21 1,622.98 77 12 inch ... ' ,°,-936.22 2,460.41 78 Effective July 1, 2003 2007, for all nonresidential uses in which there is also supplied 79 public water service, the sanitary sewer service charge shall be determined by the size of 80 the water tap through which water is provided, as per the following schedule: 81 Tap Size Monthly Charge 82 3/4 inch ... $14.40 $17.79 83 1 inch ... 48.18 22.46 84 1 1/2 inch ...35.9944.47 85 2 inch ... 54.55 67.39 86 3 inch ... 407.08 132.29 87 4 inch ... 178.88 220.99 88 6 inch ... 359.02 443.54 89 8 inch ... 833.93 1,030.26 90 10 inch ... 1,379.38 1,704.13 91 12 inch ... 2,091.12 2,583.43 92 Effective July 1, 2008, for all nonresidential uses in which there is also supplied public 93 water service, the sanitary sewer service charge shall be determined by the size of the 94 water tap through which water is provided, as per the following schedule: 95 Tap Size Monthly Charge 96 3/4 inch ... $18.68 97 1 inch ... 23.58 98 1 1 /2 inch ... 46.69 99 2 inch ... 70.76 100 3 inch ... 138.90 101 4 inch ... 232.04 102 6 inch ... 465.72 103 8 inch ... 1,081.77 104 10 inch ... 1,789.34 105 12 inch ... 2,712.60 106 Effective July 1, 2009, for all nonresidential uses in which there is also supplied public 107 water service, the sanitary sewer service charge shall be determined by the size of the 108 water tap through which water is provided, as per the following schedule: 109 Tap Size Monthly Charge 110 3/4 inch ... $19.61 ill 1 inch ... 24.76 112 1 1/2 inch ... 49.02 113 2 inch ... 74.30 114 3 inch ... 145.85 115 4 inch ... 243.64 116 6 inch ... 489.01 117 8 inch ... 1,135.86 118 10 inch ... 1,878.81 119 12 inch ... 2,848.23 120 b) For all nonresidential uses in which public water service is not available, the monthly 121 charge shall be as follows: 122 (1) 0-4 commodes: $24.68 $31.95 effective July 1, 2004- 2005, and $26.65 $33.87 123 effective July 1, 2002 2006; and $28.78 $35.56 effective July 1, 2003 2007, and 124 $37.34 effective July 1, 2008, and $39.21 effective July 1 2009. 125 (2) Each additional commode over four (4): $4.94 $6.39 effective July 1, 2001 2005, 126 and $5`33 $6.77 effective July 1, 2002 2006, and " $7.11 effective July 1, 127 2003 2007, and $7.47 effective July 1, 2008, and $7.84 effective July 1 2009. 128 The charges prescribed in this section shall be calculated for each service period by multiplying the 129 number of days in the service period by the applicable daily charge for the rates on a twelve month basis. 130 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY "S �� V'�d a. LaSQ�n /-- Q�� Management Services - City Attorney's Office ------ CA9567 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE 2 EQUIVALENT RESIDENTIAL UNIT (ERU) FEE 3 SECTION AMENDED: § 32.5-2 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 That section 32.5-2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained 6 to read as follows: 7 Sec. 32.5-2. Definitions. 8 The following words and terms used in this section shall have the following meanings: 9 (a) Equivalent residential unit or ERU means the equivalent impervious area of a single- 10 family residential developed property per dwelling unit located within the city based on 11 the statistical average horizontal impervious area of a single-family residence in the city. 12 An equivalent residential unit (ERU) equals two thousand two hundred sixty-nine (2,269) 13 square feet of impervious surface area. 14 (b) ERU rate means the utility fee charged on an equivalent residential unit, which shall be 15 thirteen and one tenth tS ($n 131) per day, ff stive jUly 1, 2001; fourteen and one .�cc��ui oei�cv v �o � ci va viic v- 16 tenth Gents ($0.141)per day -effective Jelly 1, 2002and-fifteeR and o„e-t8Rth seats 17 . sixteen and one -tenth cents ($0.161) per day, 18 effective July 1, 2005; seventeen and one -tenth cents ($0.171) per day, effective July 1 19 2006; and eighteen and one -tenth cents ($0.181) per day, effective July 1 2007 20 ... 21 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2005. 22 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY `x J l ` ) ,om Management Services Cit ttorney's Office CA9568 1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-205 OF 2 THE CITY CODE, PERTAINING TO FEES FOR SPECIAL PERMITS 3 FOR OVERSIZE AND OVERWEIGHT VEHICLES 4 SECTIONS AMENDED: § 21-205 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 That Section 21-205 of the City Code is hereby amended and reordained, to read as follows: 7 Chapter 21 MOTOR VEHICLE AND TRAFFIC CODE 9 ARTICLE V. VEHICLE SIZE, WEIGHT AND LOAD; COMBINATIONS OF VEHICLES 10 .... 11 Sec. 21-205. Special permits for oversize and overweight vehicles generally. 12 (a) The city manager may, in his discretion, upon application in writing and good cause being shown 13 therefore, issue a special permit in writing authorizing the applicant to operate or move a vehicle upon 14 the highways of the city of a size or weight exceeding the maximum specified in this article. Except as 15 otherwise specifically provided, every such permit may designate the route to be traversed and contain 16 any other requirements or conditions deemed necessary by the city manager. For permits other than 17 those specified in subsections (b), (c) and (d), the following processing fees shall be charged: 18 (1) Annual (blanket) permit ... $125.00 $300.00 19 (2) Mgbile crane, aRRUal permit: Restricted Equipment ... $75.00 20 First Unit ... 1-25.00 r•� 23 (4) (3) Single trip permit ... 25.08 $75.00 24 COMMENT 25 This amendment will make the blanket permit consistent with the fees charged by the surrounding 26 localities. The deleted permits will be covered either by the blanket permit or the single trip permit. The 27 Restricted Equipment permit would cover high hazard, gas or chemical trucks, etc. 28 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Services City Att ney's Office CA9569 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33 OF THE CITY CODE, PERTAINING TO PERMIT FEES FOR WORK ON, OVER; UNDER OR AFFECTING STREETS SECTION AMENDED: § 33-71 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-71 of the City Code is hereby amended and reordained, to read as follows: Chapter 33 STREETS AND SIDEWALKS ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS DIVISION 3. PERMIT, INSPECTION AND GUARANTEE FEES Sec.33-71. Schedule. (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be required or not required in accordance with the following schedule: Type of Pro ect Permit Fee Inspection Fee Minimum Guarantee Fee (a) One (1) permit for work $75.00 Based on 1.5% the total cost of Deposit in accordance with of a continuing nature construction as provided in the estimated cost engineer's cost estimate, excluding water, sewer and street light costs, with a $50.00 minimum. (b) Logging road, tram $75.00 $50.00 Deposit in accordance with road and other estimated cost temporaryentrances (c) Cutting, trimming or $75.00 $50.00 $25.00 spraying trees or shrubs (d) Blanket permit $75.00 $50.00 $0.00 300.00 estimated GGM (e) Single- or two-family $35.00 $0.00 $0.00 driveway aprons (f) aAFe $75.00 $0.00 $0.00 $75.00 nesessit� Single Permit Resub M.-09 $0.00 $0.00 (g) All other work $75.00 Based on 1.5% of the total cost of Deposit in accordance with construction as provided in the estimated cost engineer's cost estimate, excluding street light costs, with a $50.00 minimum; provided, however, that water and sewer fees shall be based on 10% of the construction cost up to $7,500.00 plus1.5% of the construction cost in excess of $7,500.00, with a $50.00 minimum. 15 (b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four 16 dollars ($84.00) shall be required. 17 COMMENT 18 This amendment increases the fees for a blanket permit for work done in the right of way to 19 $300.00, but it also deletes the requirements for inspection fees ($50.00) and resubmittals fees ($75.00). 20 The blanket permit will cover all work done in the right of way, negating the need for multiple permits for 21 the same job. The fee increases are justified by the staff review time involved. The work done under the 22 deleted items will be covered under the blanket permit. 23 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Services City Attorney's Office CA9570 1 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 8 OF THE 2 CITY CODE, PERTAINING TO MINIMUM FEES FOR PERMITS, AND 3 ADMINISTRATIVE FEES FOR BUILDINGS, FENCES AND WALLS, 4 PLUMBING, MECHANICAL, LIFE SAFETY, ELEVATOR AND GAS, 5 AND ELECTRICAL AND ESTABLISHING A FEE FOR DFU PRE- 6 INSPECTION 7 SECTIONS AMENDED: §§ 8-31, 8-31.1, 8-32, 8-33, 8-34 8 SECTION ADDED: § 8-31 (C) (16.1) 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 That Sections 8-31, 8-31.1, 8-32, 8-33, and 8-34 of the City Code are hereby amended and reordained, to 11 read as follows: 12 Chapter 8 BUILDINGS AND BUILDING REGULATIONS 13 .... 14 ARTICLE II. VIRGINIA UNIFORM STATEWIDE BUILDING CODE 15 DIVISION 1. GENERALLY 16 .... 17 Sec. 8-31. Permit fees - - Building Permits 18 .... 19 (b) The minimum fee for any building permit shall be thirty dollars ($30.00). 20 (c) For the construction of any building or addition thereto where the floor area is increased and for 21 the installation or erection of any industrialized building unit, the fee shall be based on the floor area to be 22 constructed, as computed from exterior building dimensions at each floor, as follows: 23 (1) Residential --living area-- Thirty dollars ($30.00) plus seven 24 dollars ($7.00) for each one hundred (100) square feet or fraction thereof. 25 (2) Residential--nonheated building area (residential accessory buildings and structures)-- 26 Thirty dollars ($30.00) plus four dollars ($4.00) for each one hundred 27 (100) square feet or fraction thereof. 28 (3) Businesses/mercantile--building area-- Thirty dollars 29 30.00 plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. 30 (4) Institutional --building area-- Thirty dollars ($30.00) plus eight 31 dollars ($8.00) for each one hundred (100) square feet or fraction thereof. 32 (5) Assembly, churches, and government buildings --building area--TweRty Five dellarc 33 ($2:00) Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or 34 fraction thereof. 35 (6) Storage --building area-- Thirty dollars ($30.00) plus four 36 dollars ($4.00) for each one hundred (100) square feet or fraction thereof. 37 (7) Hazardous storage or occupancy --building area--TweRty F*V8 delta s ($25 W Thirty 38 dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. 39 (8) Industrial --building area-- Thirty dollars ($30.00) plus eight 40 dollars ($8.00) for each one hundred (100) square feet or fraction thereof. 41 (9) Farm buildings --building area-- Thirty dollars ($30.00) plus 42 three dollars ($3.00) for each one hundred (100) square feet or fraction thereof. Farm buildings and 43 structures shall be subject to the requirements of this section; provided, however, that farm buildings 44 and structures not used for residential purposes shall not be subject to the technical requirements of 45 the Virginia Uniform Statewide Building Code. 46 (10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial interior finish, 47 miscellaneous structures and structures located in a Chesapeake Bay Preservation Area or a 48 Southern Watersheds Area for which a permit fee is not otherwise prescribed by this section, 49 including, but not limited to, patios and driveways --value of construction--T-weRty Five dollars ($25.00) Thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value of 51 construction or fraction thereof. 52 53 (15) Tents: Tents and other temporary structures permit fee shall be twenty fivedollars 54 ($25.00) Thirty dollars ($30.00). 55 (16) Reinspection Fee: There shall be a minimum of fifty dollars ($50.00) additional fee 56 charged for each reinspection. 57 (16.1) DFU pre -inspection fee: There shall be a fifty dollar ($50 00) fee for pre- 58 inspections for DFU disconnections. 59 COMMENT 60 These amendments are necessary to avoid further confusion, as subdivision (b) at line 21 establishes a 61 $30.00 minimum permit fee that was not consistent throughout the rest of the ordinance. These amendments simply 62 clean up that confusion. At lines 57-58 there is a new fee added for a DFU pre Inspections that is justified by staff 63 time involved in the process. 64 Sec. 8-31.1. Fences and walls. 65 (a) A permit shall be required for the construction, reconstruction, replacement or relocation of any fence or 66 wall located within thirty (30) feet of a public right-of-way, except fences or walls used principally for agricultural or 67 horticultural purposes in an AG Agricultural Zoning District. Any such fence or wall located upon more than one 68 (1) lot shall require a separate permit for each such lot, except lots under common ownership. 69 (b) The fee for permits required by this section shall be thirty dollars ($30.00). 70 Sec. 8-32. Same --Plumbing permits. 71 (a) The fee for a permit for plumbing work, as required by the building code, shall be thirty dollars ($30.00) 72 and, in addition thereto, the following: 73 (1) Each plumbing fixture, floor drain or tap: Six dollars ($6.00). 74 (2) Each house sewer connection: Thirty dollars ($30.00). 75 (3) Each house water connection: Thirty dollars ($30.00). 76 (4) On -site sanitary sewer collector lines: one building-- thirty dollars 77 ($30.00), two (2) or more buildings --fifty dollars ($50.00) for each building. 78 (5) On -site potable water distribution lines: one building-- thirty dollars 79 ($30.00), two (2) or more buildings --fifty dollars ($50.00) for each building. 80 (6) Public utilities ultra low flush toilet program: thirty dollars ($30.00) for 81 the first three (3) toilets plus five dollars ($5.00) for each toilet over three (3). 82 (b) The fees prescribed in this section shall be in addition to the sewer and water connection fees and 83 charges provided for in chapters 28 and 37 of this Code. 84 (c) On any plumbing work commenced before a plumbing permit has been issued and the requisite fee paid 85 therefore, an administrative fee of one hundred fifty dollars 86 150.00 per unit shall be added to the fee due. Payment of such administrative fee shall not in any way relieve 87 the violator from such penalties as may be imposed by the courts. 88 Sec. 8-33. Same --mechanical, life safety, elevator and gas permits. 89 (a) The minimum fee for the installation or replacement of mechanical/life safety systems or 90 equipment shall be thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of 91 value or fraction thereof. 92 (b) The minimum fee for the installation of gas outlets for a gas piping system shall be thirty dollars 93 ($30.00) plus four dollars ($4.00) for each outlet. 94 (c) The minimum fee for the relocation of a gas meter shall be thirty dollars ($30.00). 95 (d) For annual inspections of elevators and escalators, the fees shall be as follows: 96 (1) Annual safety test and inspection: 97 a. Tractor/cable elevator--$100.00. 98 b. Hydraulic elevator--$100.00. 99 C. Freight elevators--$100.00. 100 d. Escalator--$100.00. 101 (2) Five-year full rate load safety test and inspection: 102 a. Tractor/cable elevators--$100.00. 103 (e) On any mechanical, life safety, elevator or gas work commenced before a mechanical permit has 104 been issued and the requisite fee paid therefore, and administrative fee of one 105 hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of such administrative fee shall not 106 in any way relieve the violator from such penalties as may be imposed by the courts. 107 Sec. 8-34. Same --Electrical permits. 108 (a) The fee for a permit for electrical work, as required by the building code, shall be as specified in 109 this section. 110 (b) There shall be charged a minimum fee of thirty dollars ($30.00) for each permit issued. 111 (c) For a permit issued for a temporary service, such as a trailer, house meter or meter loop added to 112 an existing service, the fee shall be thirty dollars ($30.00). 113 (d) For a permit for any special condition, such as and including temporary electrical release for 114 construction purposes, buildings moved, swimming pools, carnivals, services relocated but not increased and the 115 (e) like, the fee shall be a minimum of fifty dollars ($50.00). The fee for a permit for prefabricated 116 buildings for out -of -city use shall be thirty dollars ($30.00). 117 (f) For a permit issued for original construction, the following fees include all equipment outlets only 118 if specifically listed on the application and installed by the permit holder before the final inspection, such fees 119 being based on the maximum current carrying capacity of each set or subset of service conductors installed, to 120 the nearest fifty (50) amperes: 121 (1) Single-phase: Thirty dollars ($30.00) plus twenty dollars ($20.00) for each fifty (50) 122 amperes. 123 (2) Three-phase: Eighty dollars ($80.00) for the first fifty (50) amperes plus twenty dollars 124 ($20.00) for each additional fifty (50) amperes. 125 When services are increased or phases added, the fee shall be one-half the rate above, plus the added 126 equipment fee. For fee purposes, the service -panel nameplate amperage rating shall be used. 127 (g) For each piece of equipment connected and for each circuit or feeder installed, extended, 128 relocated or repaired, the fee shall be thirty dollars ($30.00) plus five dollars ($5.00) 129 per circuit. 130 (h) On any electrical work commenced before an electrical permit has been issued and the requisite 131 fee paid therefore, an administrative fee of one hundred fifty dollars ($150.00 per 132 unit shall be added to the fee due. Payment of such administrative fee shall not in any way relieve the violator 133 from such penalties as may be imposed by the courts. 134 COMMENT 135 These amendments are necessary to avoid further confusion, as the $30.00 minimum permit fee that was not 136 consistent throughout the rest of the ordinance is resolved and replaces the $25.00 old fee. The old $100.00 137 administrative fee is also replaced by the $150.00 administrative fee to avoid the same confusion. 138 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2005 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Services City At rney's Office CA9571 I AN ORDINANCE TO AMEND THE LANGUAGE OF THE CITY 2 CODE PERTAINING TO HOLIDAYS 3 SECTION AMENDED: § 2-83 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That Section 2-83 of the Code of the City of Virginia Beach, Virginia is hereby amended 7 and reordained to read as follows: 8 Sec.2-83. Holidays. 9 (a) The following days are designated as full -paid "holidays" and shall be so observed by the 10 city. All permanent and probational merit employees shall be covered by the provisions of this 11 section. 12 (1) The first day of January (New Year's Day). 13 (2) The third Monday in January (Martin Luther King Day). 14 (3) The last Monday of May (Memorial Day). 15 (4) The fourth day of July (Independence Day). 16 (5) The first Monday of September (Labor Day). 17 (6) The eleventh day of November (Veterans Day). 18 (7) The fourth Thursday of November (Thanksgiving Day). 19 (8) The day after the fourth Thursday of November (the day after Thanksgiving Day) 20 (891 The twenty-fifth day of December (Christmas Day). 21 �910j One-half of a regular workday on the twenty-fourth day of December (Christmas 22 Eve), except when Christmas Eve falls on a Friday, Saturday or Sunday. 23 (4-911 Two (2) flexible personal holidays (to be taken as a personal, national, religious 24 or other holiday the city does not observe). Part-time employees shall not be 25 eligible for these holidays. 26 If any holiday enumerated in (1) through (-89� above falls on a Saturday or Sunday, the city 27 manager shall determine when the holiday will be observed and shall so notify affected 28 employees and the public at least thirty (30) days prior to the holiday. If no such notice is provided 29 by the city manager, then when any holiday enumerated in (1) through (8D above falls on a 30 Saturday, the Friday next preceding such a day shall be a holiday, and when any holiday 31 enumerated in (1) through {89� above falls on a Sunday, the Monday next following such day 32 shall be a holiday. 33 ... 34 (d) Employees who have been in a nonpay status for more than fourteen (14) days prior to 35 any holiday shall not be eligible for compensation for holidays (1) through 09410 listed in 36 paragraph (a) above. In addition to the above holidays, employees with ten (10) years or more 37 tenure shall receive a day off during the pay period of their birthday as a paid holiday. This day 38 cannot be accrued as annual leave. Any employee not taking the birthday holiday shall not be 39 eligible for overtime pay or compensatory time for not doing so. 40 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2005. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Management Services ity Attorney's O CA9560 4 4� new �f CITY OF VIRGINIA, BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Sections 36-57, 36-58, and 36-61 Pertaining to Charter Bus Parking MEETING DATE: May 10, 2005 ■ Background: In June 2003, City Council adopted an ordinance amending section 36-57 of the City Code that prohibited the parking and stopping of charter buses between April 1st and September 30th. Prior to this code change, charter buses were restricted from parking or stopping in the resort area from Memorial Day to Labor Day. The majority of the City's group tours are booked during April and May, with a lesser volume and frequency of group tours occurring during the fall months. The group tours are booked during the months when hotel occupancy is soft. Group tours are rarely booked during the peak season in the summer. Historically, charter bus tours have been an important facet of tourism for Virginia Beach, and they have always been encouraged through marketing efforts by the Tourism Sales staff to bring overnight visitors to the Beach. In 2004, there were approximately 574 charter buses visiting our City, with an estimated economic impact of $10 million. ■ Considerations: In order to legally allow charter buses to load and off-load along Atlantic Avenue during the peak group tour season, the City Code must be revised to allow such activity up to Memorial Day weekend and after Labor Day. The attached ordinance also would replace references to the "Virginia Beach Pavilion" with references to the "Virginia Beach Convention Center." ■ Public Information: Information will be provided through the normal agenda process. ■ Alternatives: Leave the current ordinance restrictions intact. ■ Recommendations: Adopt the revised ordinance. ■ Attachments: Ordinance Recommended Action: Approve Recommendation Submitting Department/Agency: Convention and Visitors Bureau �u%Y City Manager: lL , "t 1 AN ORDINANCE TO AMEND §H 36-57, 36-58 AND 36- 2 61 OF THE CITY CODE PERTAINING TO CHARTER BUS 3 PARKING 4 5 SECTIONS AMENDED: H 36-57, 36-58 AND 36-61 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Sections 36-57, 36-58 and 36-61 of the City Code' are 11 hereby amended and reordained, to read as follows: 12 Sec. 36-57. Parking or stopping of charter buses. 13 (a) Except as otherwise provided herein, the parking of any 14 charter bus or stopping of any charter bus for the purpose of 15 picking up or discharging passengers shall be prohibited between 16 April r-and September 3-G the Friday immediately preceding Memorial 17 Day and the Tuesday immediately following Labor Day, inclusive, of 18 every calendar year on all municipal parking lots and all public 19 streets in the following areas: 20 (1) An area bounded on the west by Birdneck Road, on the 21 south by Rudee Inlet and Lake Rudee, and on the east and 22 north by the boundaries of the Beach District, except • 23 that charter buses may stop for no more than fifteen (15) 24 minutes to pick up or discharge passengers on 19th Street 25 at Arctic Avenue in a zone designated 1115 Minute Charter 26 Bus Loading and Unloading." Furthermore, the 4th Street 27 Public Parking Lot located by Rudee Inlet Loop has been 28 designated as a pickup and discharge zone with fee 1 29 parking for charter buses on a first -come, first -served 30 basis. 31 (2) An area bounded on the south by Bay Colony Drive, on 32 the west by the Linkhorn Bay and Seashore State Park, on 33 the north by 89th Street, and on the east by the Atlantic 34 Ocean; including but not limited to those communities 35 denoted as North Virginia Beach, Princess Anne Hills, Bay 36 Colony and Cavalier Park. 37 ( 3 ) An area bounded on the south by Camp Pendleton, on 38 the west by Lake Rudee, on the north by Rudee Inlet, and 39 on the east by the Atlantic Ocean; including but not 40 limited to those communities denoted as Southside, Harbor 41 Point and Croatan Beach. 42 (b) The city manager or his designee may authorize the 43 parking or stopping of charter buses in locations and at times 44 otherwise prohibited by subsection (a). Such authorization, if 45 granted, shall be in writing, a copy of which shall be in the 46 possession of the charter bus driver. 47 COMMENT 48 This amendment shortens the period during which charter bus parking is prohibited at the 49 oceanfront. The Code currently prohibits such parking between April 1 and September 30. The 50 amendment would change the prohibition period to the Friday before Memorial Day until the Tuesday 51 after Labor Day. 52 2 52 Sec. 36-58. Parking and discharge of passengers at Virginia Beach 53 Paviii Convention Center. 54 All charter buses may park in the designated bus parking 55 spaces at the east end of the parking lot of the Virginia Beach 56 Pavilin Convention Center by first obtaining a permit from the 57 security office of the Virginia Beach Pavilie Convention Center. 58 All charter buses parking at the Virginia Beach Pavilie Convention 59 Center must have such permit prominently displayed on the left side 60 of the windshield at all times while parked within the parking lot 61 of the Virginia Beach za��lien Convention Center. 62 The number of permits issued shall be determined by the number 63 of available spaces for buses at the Virginia Beach Pailien 64 Convention Center, and shall be allotted on a first -come, first- 65 served basis. 66 All charter buses may pick up or discharge passengers in the 67 parking lot of the Virginia Beach Pavilie Convention Center 68 without obtaining a permit provided that such charter bus does not 69 remain parked in the parking lot in excess of fifteen (15) minutes. 70 COMMENT 71 This section replaces references to the "Pavilion' with references to the "Convention Center." 72 3 72 Sec. 36-61. Exemptions. 73 Charter buses that provide transportation to and from 74 convention hotels to the pavi i n Convention Center are exempt. 75 COMMENT 76 This section replaces a reference to the "pavilion" with a reference to the "Convention Center." Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2005. APPROVED AS TO CONTENTS: I), 4191-P, 11 /,;�, Ilf C?(Yiention & Visitors Bureau CA-9603 ORDRES/PROPOSED/36-57etalord R-1 May 2, 2005 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s Office 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Amend the City Code to Regulate the Rental and Use of Surreys in the Resort Area (2) An Ordinance Approving and Adopting a Policy Pertaining to the Rental of Surreys in the Resort Area MEETING DATE: May 10, 2005 ■ Background: Surreys are popular four -wheeled, pedal -powered vehicles operated on the bicycle path at the Oceanfront. In 1998, the Resort Advisory Commission ("RAC") endorsed the concept of ten surreys being operated on the bike path, citing their benefit as a family -oriented beach amenity. From 1998 to 2001, the total number of rental agencies renting surreys grew from one to 18, while the number of surreys grew from 10 to approximately 101. By the summer of 2004, an estimated 171 surreys were being rented at 27 different locations, and by April 2005, the number increased to 185 surreys. Most of the rental agencies are located on private property of hotels facing the boardwalk. However, due to the size of surreys and limited storage space on private property, many surreys are stored and rented on public property in the greenbelt, which has caused damage to the sod and the greenbelt's overall appearance. Furthermore, there are seven rental agencies located on the western side of Atlantic Avenue and these surreys must cross both Atlantic Avenue sidewalks and Atlantic Avenue itself to be used on the bike path. Increasingly, surreys are being operated in inappropriate areas such as the Boardwalk, Atlantic Avenue, and resort area streets and sidewalks. The proliferation of surreys has produced congestion on the bicycle path. There are currently no city ordinances regulating the rental of surreys in the resort area. ■ Considerations: The proposed ordinances, along with the attached City Council policy, are designed to regulate the rental and operation of surreys. Surreys may be operated only on the bike path and connecting oceanfront plazas, the use of City property for use as a storage or rental site is prohibited. A permit is required for all surreys rented in the resort area. Only seven permits will be granted for each rental location, and the applicant will have to demonstrate the ability to properly store all their surreys. The City Manager will have the authority to revoke or suspend surrey permits in the event of guideline violations or as required for public safety. ■ Public Information: A copy of an earlier draft of the provisions was circulated to most of the surrey rental agencies in January requesting their input; however, many of these locations were not yet open for business. The two largest surrey rental agencies were contacted directly by the Resort Management Office. A story detailing the provisions was published in the Beacon on January 16, 2005, and the Resort Advisory Commission recently endorsed the proposed ordinance. Additionally, a public hearing was held during the March 1, 2005 Council session. City Council initially considered these provisions at its April 12, 2005 meeting. After receiving public comment on the proposed provisions, City Council deferred the matter to allow staff to contact the three resort associations and determine their position on this issue. Copies of the associations' position letters will be provided for review. ■ Recommendations: Adoption of Ordinances ■ Attachments: Ordinances and City Council Policy Recommended Action: Approval of Ordinance Submitting Departn ? Agency: Convention & Visitors Bureau City Manager: / 1 AN ORDINANCE TO AMEND THE CITY CODE TO 2 REGULATE THE RENTAL AND USE OF SURREYS 3 IN THE RESORT AREA 4 5 SECTION ADDED: City Code § 7-71 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That a new Article V of Chapter 7, consisting of Section 7- 11 71, is hereby added to Chapter 7 of the City Code, to read as 12 follows: 13 ARTICLE V. SURREYS. 14 Sec. 7-71. Use of surreys at resort area 15 (a) A surrey that has a permit issued by the City Manager 16 or his designee may be operated on the resort area bike path or 17 the connecting oceanfront plazas. Such operation shall be 18 subject to the following restrictions. 19 (b) It shall be unlawful for any person to operate a surrey 20 or any similar device on the resort area Boardwalk or its 21 adjacent grassy areas, in resort area parks, or on resort area 22 sidewalks and streets from Rudee Inlet to 42nd Street and from 23 the sandy beach to Parks Avenue. 24 (c) It shall be unlawful for any person to operate a 25 surrey in a manner that blocks traffic on the bicycle path, 26 interferes with pedestrians, or endangers the life, limb or 27 property of the operator or any other person. 1 28 (d) It shall be unlawful for any person under fourteen 29 (14) years of age to operate a surrey unless under the immediate 30 supervision of a person who is at least eighteen (18) years of 31 age. 32 (e) It shall be unlawful for any person to provide or 33 offer to provide a surrey for operation in the resort area that 34 does not have a permit issued by the City Manager. 35 (f) It shall be unlawful for any person to store or park 36 any surrey on city property without the written authorization of 37 the City Manager or his designee. 38 (g) The Resort Management Office shall provide all surrey 39 rental businesses the date and times that permitted Boardwalk 40 events will necessitate closing of the bike path. It shall be 41 unlawful to provide rental surreys to customers during those 42 designated time periods. 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 COMMENT This section regulates the use of surreys in the resort area. Properly permitted surreys may be operated on the bike path and the connecting resort area plazas, but in no other resort area locations. This section establishes an operational age limit (at least 14 years of age) and makes reckless operation of surreys unlawful. Renting a surrey without a permit issued by the City Manager or his designee is prohibited, as is storing or parking surreys on public property. This section also prohibits surrey rental businesses from providing rental surreys to customers during times when Boardwalk events necessitate the closing of the bike path. As set forth in City Code § 7-2, violations of this Article constitute a Class 4 misdemeanor and may be punished by a fine of up to $250. The term "surrey" is defined by City Code § 7-1 as a "four -wheeled pedal -powered vehicle capable of seating two (2) or more persons." Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2005. E APPROVED AS TO CONTENTS: Convention & Visitors Bureau CA-9104 GG/ORDRES/PROPOSED/07-71.doc R-36 April 12, 2005 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 1 AN ORDINANCE APPROVING AND 2 ADOPTING A POLICY PERTAINING TO 3 THE RENTAL OF SURREYS IN THE 4 RESORT AREA 5 6 7 WHEREAS, the Council of the City of Virginia Beach hereby 8 finds that the proliferation of surreys (four -wheeled, multi- 9 passenger pedal -powered vehicles) at the resort area has 10 resulted in increased congestion and safety problems for the 11 resort area; and 12 WHEREAS, the Council further finds that regulating surreys 13 by (i) prohibiting their use on the Boardwalk and the resort 14 sidewalks and streets; (ii) requiring a permit; (iii) limiting 15 the number of permits that may be issued; and (iv) establishing 16 reasonable rules for the operation of surreys in the resort 17 area, will protect the safety of the public and ensure the 18 orderly use of public recreational facilities. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 20 CITY OF VIRGINIA BRACH, VIRGINIA: 21 1. That the City Council hereby approves and adopts the policy 22 entitled, "Rental of Surreys in the Resort Area," dated April 23 12, 2005, a copy of which is attached. 24 2. That the City Manager and staff are hereby directed to take 25 all steps necessary to implement this policy. Adopted by the City Council of Virginia Beach, Virginia on this day of April, 2005. APPROVED AS TO CONTENTS: //t�z C:::ZE� Convention & Visitors Bureau CA-9104 H:\PA\GG\ORDRES\Surrey Policy ORD.doc R2 April 12, 2005 APPROVED AS TO LEGAL SUFFICIENCY: �ez6 � � City Attorney's Office W City Council Policy Title: Rental of Surreys in the Resort Area Index Number: Date of Adoption: May 10, 2005 Page 1 of 2 1.0 Purpose and Need The purpose of this policy is to regulate surreys at the resort area to protect the public safety and ensure orderly use of public recreational facilities. This policy supplements the provisions of Article V, Chapter 7 of the City Code. 2.0 Definitions Identifiable rental surrey: A surrey owned by a rental business, as of the adoption of this policy, that has provided the following information to the Resort Management Office: (1) manufacturer of surrey; (2) color of surrey; and (3) owner of surrey. Resort area: The resort area Boardwalk, its adjacent grassy area, resort area parks, and resort area sidewalks and streets from Rudee Inlet to 42"d Street and from the sandy beach to Parks Avenue. Surrey: A four -wheeled pedal -powered vehicle capable of seating two (2) or more persons. 3.0 Permit Requirements (a) A permit shall be required for each surrey that is offered as a rental or operated on the resort area bike path or connecting oceanfront plazas. The fee for each permit shall be ten dollars ($10.00). Permits shall be valid for one (1) year from the date of issuance. (b) Permits shall not be granted for surreys rented from businesses located west of Atlantic Avenue, except that any persons who owns or manages a business, located west of Atlantic Avenue, that owns identifiable rental surreys as of the adoption date of this policy, may obtain annual permits for up to seven (7) of those identifiable rental surreys. The right to rent surreys from a business located west of Atlantic Avenue is not transferable to subsequent owners, operators, or businesses. (c) Applications for surrey permits shall be made to the Convention and Visitors Bureau's Resort Management Office. The permit application shall identify the surrey (including its color and manufacturer), its owner, the surreys storage location, and the surreys rental location. The application shall also list the name of a manager for each rental location, as well as provide the business mailing address and/or facsimile number. (d) No permit shall be issued without the Zoning Administrator's or his/her designee's certification that any proposed storage or rental facilities for surreys are permitted by the zoning ordinance and are not located on city property. No business shall be issued more than seven (7) permits for any rental location. Title: Rental of Surreys in the Resort Area Index Number: Date of Adoption: May 10, 2005 Page 2 of 2 (e) A decal indicating that the required permit has been obtained for an identifiable rental surrey shall be displayed prominently on any surrey used or offered for rent in the resort area. Each permitted surrey shall affix a permanent sign that is visible to the operator, and enumerates the following statements: 1. No riding surreys on the Boardwalk, sidewalks, grassy areas or streets. 2. No one under 14 years old may operate this surrey unless accompanied by a supervising adult. 3. No person or persons may ride outside of the surrey. (f) The signs affixed to those surreys rented from locations west of Atlantic Avenue shall also include the following statement: Do not ride surrey on any street — surreys may only be walked across Atlantic Avenue at marked crosswalks while en route to the Boardwalk or when returning surrey to rental location. 4.0 Grant of Permits The City Manager or his designee is hereby authorized and directed to develop guidelines for the issuance, suspension and revocation of surrey permits. Such guidelines may address topics including, but not limited to, equipment standards, maintenance, cleanliness, identification, and the size and seating capacity of surreys. The guidelines shall also prohibit posting advertisements on surreys. 5.0 Permit Revocation or Suspension; Temporary Prohibition on Surrey Operation (a) Any permit for the operation of a surrey may be revoked or suspended by the City Manager for: 1. any violation of this policy; 2. any violation of the guidelines published by the City Manager; or 3. any material misrepresentation, intentional or otherwise, made in the permit application. (b) The revocation or suspension notice shall be faxed or hand -delivered to the surrey's rental location, and shall be effective upon receipt. After receipt of this notice, the rental business's owner or designee shall immediately discontinue or cause to be discontinued the operation or use of permitted surreys as provided in the notice. Thereafter, the rental business' owner or designee shall be entitled to a hearing before the City Manager or his designee within ten (10) days of the effective date of the revocation or suspension. (c) The City Manager, the Chief of Police, or the Chief's designee, may temporarily prohibit the operation of surreys in the resort area under the following conditions: 1. when weather conditions make the operation of surreys unsafe; 2. when congestion on the resort area bike path makes the operation of surreys unsafe; or 3. when otherwise required in the interest of public health, safety or welfare. O4 �c (U ' Sy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Expenditure of $120,000 from CIP 3-283 (Pavilion Theatre Replacement) as a Grant to the Virginia Beach Performing Arts Center Foundation MEETING DATE: May 10, 2005 ■ Background: City Council has appropriated $35 million for construction of a performing arts theater at Town Center. Approximately $12.5 million in additional funding for the project is to be provided by private contributions. The Virginia Beach Performing Arts Center Foundation has been created and incorporated to solicit and facilitate private contributions for the performing arts theater, and it needs seed money for fundraising purposes. ■ Considerations: It is anticipated that the Foundation will reimburse the City the amount of the $120,000 grant once it has raised funds sufficient to enable it to do so. ■ Public Information:. This item will be advertised in the same manner as other agenda items. ■ Recommendations: Adoption of Ordinance ■ Attachments: Ordinance Recommended Action: A proval of Ordinance Submitting De e A ency: anagement Services City Manager: 1 AN ORDINANCE TO AUTHORIZE THE 2 EXPENDITURE OF $120,000 FROM CIP 3-283 3 (PAVILION THEATRE REPLACEMENT) AS A 4 GRANT TO THE VIRGINIA BEACH PERFORMING 5 ARTS CENTER FOUNDATION 6 7 8 WHEREAS, City Council has appropriated $35 million for 9 construction of a performing arts theater at Town Center, with 10 approximately $12.5 million in additional funding to be provided 11 by private contributions; 12 WHEREAS, the Virginia Beach Performing Arts Center 13 Foundation has been created and incorporated to solicit and 14 facilitate private contributions for the performing arts 15 theater; and 16 WHEREAS, the Virginia Beach Performing Arts Center 17 Foundation requires seed money for fundraising purposes; 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That the expenditure of $120,000 from Capital Improvement 21 Project #3-283 (Pavilion Theatre Replacement) for the purpose of 22 providing a grant in like amount to the Virginia Beach 23 Performing Arts Center Foundation (the "Foundation") to be used 24 by the Foundation as seed money for fundraising purposes, is 25 hereby authorized, it being anticipated that, to the extent of 26 funds raised by the Foundation from other sources, the aforesaid 27 grant will be reimbursed to the City. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia on the day of , 2005. Approved as to Content: Management Services CA-9609 P&A\GG\ordres\VBPACFord.doc May 3, 2005 R-1 Approved as to Legal Sufficiency City Attorney 2 s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Shore Drive Intersections — Demonstration Project (CIP 2-115) - Acquisition of property and easements (temporary and permanent) by agreement or condemnation. MEETING DATE: May 10, 2005 ■ Background: The project first appeared in the FY 2001-02 CIP as Shore Drive Phase I (a proposed VDOT Project). Based on the findings of the Shore Drive Transportation Study (CIP 2-114) this project was modified to provide intersection enhancements at three locations (proposed as a City project). This project extends approximately 0.8 mile along Shore Drive from the Treasure Island Drive intersection east to the Marlin Bay Drive/Shady Oaks Drive intersection. Acquisition from seven properties is required. ■ Considerations: This project is intended to improve vehicular flow and safety and to provide aesthetic enhancements to the Shore Drive corridor. As a demonstration project it serves as a laboratory to develop approaches which can be used throughout the corridor to create an attractive and more functional roadway. ■ Public Information: Two citizen information meetings addressing the project were held. The first meeting was held at the Bayside Community Recreation Center on July 31, 2003. The second meeting was held at the Bayside Community Recreation Center on January 21, 2004. The purpose of the citizen's information meetings was to inform the citizens within the project work areas about the project. Residents' comments and concerns were solicited and have been incorporated into the design of the project. The Shore Drive Advisory Committee (SDAC) has been involved in the evolution of the project and has contributed to the current design. Advertisement of City Council Agenda. ■ Alternatives: The alternatives are to proceed, or not. If the decision is to proceed, property and easements (temporary and permanent) will be obtained by agreement or condemnation. If the decision is to not proceed with the project future aesthetic and functional improvements may be less likely and the roadway will continue to degrade in capacity and appearance. ■ Recommendations: Approve the request for authority to acquire, by agreement or condemnation, all of the property and easements (temporary and permanent) associated with the project. ■ Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Public Wo� City Manager: S k aYl"L X:\Projects\CIP Projects\ ore Dr. Inter. - Demonstration Prj. 2-115\Agenda.Frm.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR SHORE DRIVE INTERSECTIONS — DEMONSTRATION PROJECT (CIP 2-115) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project to improve transportation within the City and for other related public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-89, et seMc ., and Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and permanent easements and entire tracts upon which such rights of way or easements shall be located, within the limitations and conditions of Section 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the plans entitled "CITY OF VIRGINIA BEACH, VIRGINIA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION SHORE DRIVE IMPROVEMENTS DEMONSTRATION PROJECT CIP # 2-115," (the "Project") and more specifically described on the acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said Property. Adopted by the Council of the City of Virginia Beach, Virginia, on the .2005. FKE.D: 10/21 /04 REVISION: 3/29/05 APPROVED AS TO CONTENT GNATURE PID REALFSz DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM &4� T7?4t, CITY ATTORNEY day of X:\Projects\CIP Projects\Shore Dr. Inter. - Demonstration Pr . 2-115\Acquisition Ordinance Form.doc F:/data/a£y/oid/real estate;/acquisitions/working -cond/aequisition ordinances/ . T1 AW26 Ord.doc Co►951.5 SHORE DR.DGN M.J.S. PREPARED BY PAV ENG. CADD DEPT. MARCH 18, 2005 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Extending the Interim Guidelines Governing Applications for Development in Air Installations Compatible Use Zones (AICUZ) MEETING DATE: May 10, 2005 ■ Background: In early 2004, the Task Force on Land Use in Air Installations Compatible Use Zones (AICUZ) recommended interim guidelines concerning the consideration of discretionary land use applications by the Planning Commission and City Council. Those guidelines, entitled "Interim Guidelines Governing Applications for Development in Air Installations Compatible Use Zones (AICUZ)," were adopted by the City Council in February 2004 and thereafter amended on March 23, 2004. One result of the Joint Land Use Study (JLUS) is that the City is in the process of developing the AICUZ Overlay District Ordinance, which will govern discretionary land use applications in AICUZ areas. The same reasons for deferring action on applications within the purview of the Guidelines pending completion of the JLUS remain applicable pending adoption of the AICUZ Overlay District Ordinance. For that reason, it is appropriate to extend the period the Interim Guidelines are in effect to the date of adoption of the AICUZ Overlay District Ordinance. ■ Considerations: The Resolution amends the Interim Guidelines so as to extend the period they remain in effect until the date of adoption of the AICUZ Overlay District Ordinance. ■ Public Information: This Resolution has been advertised in the same manner as other City Council agenda items. ■ Recommendations: Adoption of Resolution ■ Attachments: Proposed Resolution Recommended Action: Approval Submitting Department/Agency: Planning Department L P-2 City Manager: � ) V L 1 A RESOLUTION EXTENDING THE INTERIM 2 GUIDELINES GOVERNING APPLICATIONS 3 FOR DEVELOPMENT IN AIR 4 INSTALLATIONS COMPATIBLE USE ZONES 5 (AICUZ) 6 7 WHEREAS, on February 10, 2004, the City Council 8 adopted Interim Guidelines Governing Applications for 9 Development in Air Installations Compatible Use Zones (AICUZ) 10 (the "Guidelines), which had been developed by the Task Force on 11 Land Use in Air Installations Compatible Use Zones and 12 recommended to the City Council by the Task Force on February 3, 13 2004; and 14 WHEREAS, the said Guidelines were amended on March 23, 15 2004; and 16 WHEREAS, the Guidelines provided, in pertinent part, 17 that certain applications for discretionary approvals should be 18 deferred by the Planning Commission or City Council, as the case 19 may be, pending completion of the Joint Land Use Study; and 20 WHEREAS, the Joint Land Use Study has been completed; 21 and 22 WHEREAS, the City is in the process of developing the 23 AICUZ Overlay Ordinance, which, among other things, will provide 24 rules regarding decisions by the City Council on land use 25 applications coming before it; and 26 WHEREAS, it is anticipated that the AICUZ Overlay 27 District Ordinance will be brought before the City Council in 28 the Fall of 2005; and 29 WHEREAS, because the same reasons for deferring action 30 on applications within the purview of the Guidelines pending 31 completion of the Joint Land Use Study remain applicable pending 32 adoption of the AICUZ Overlay District Ordinance, the City 33 Council deems it appropriate and in the public interest, pending 34 adoption of the AICUZ Overlay District Ordinance, to continue to 35 treat discretionary land use applications in the same manner as 36 is set forth in the Guidelines; 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 38 CITY OF VIRGINIA BEACH, VIRGINIA: 39 That the Interim Guidelines Governing Applications for 40 Development in Air Installations Compatible Use Zones (AICUZ) 41 are hereby amended so as to extend the period during which they 42 are operative, as follows: 43 Amended Interim Guidelines Governing Applications 44 for Development in Air Installations Compatible 45 Use Zones (AICUZ) 46 47 48 1. Purpose. 49 The City of Virginia Beach has agreed to engage with 50 the Navy in a Joint Land Use Study (JLUS) to resolve 51 conflicts between development and jet aircraft operations 2 52 near NAS Oceana. This agreement necessitates a careful 53 balance between the City,s commitment to act in a timely 54 manner on land use proposals in the affected area and the 55 City's commitment to partner with the Navy to carefully and 56 comprehensively work toward a mutually acceptable land use 57 solution. It is reasonably anticipated that the JLUS 58 effort will take at least six (6) months and perhaps a year 59 to complete, such that this passage of time will work 60 against the interests of those citizens seeking quick 61 resolution to their land use issues. Accordingly, the City 62 Council of the City of Virginia Beach sets forth these 63 interim guidelines intended to move forward, for resolution 64 on their merits, those rezoning and conditional use permit 65 requests that are impacted by the AICUZ program but whose 66 impact is not deemed detrimental to the desired balance to 67 be struck through the JLUS effort. 68 2. Application. 69 (a) These guidelines govern the procedural aspects of 70 discretionary development applications (i.e., applications 71 for rezonings, conditional zonings and conditional use 72 permits requiring hearing by the City Council and Planning 73 Commission) pertaining to property located wholly or 3 74 partially within an Air Installations Compatible Use Zone 75 (AICUZ) 76 (b) These guidelines do not apply to the review of 77 subdivision plats, site plans or other forms of review of 78 proposed developments not requiring the approval of the 79 City Council; to applications for discretionary approvals 80 of land uses not deemed incompatible under Table 2 81 (Suggested Land Use Compatibility in Noise Zones) or Table 82 3 (Suggested Land Use Compatibility in Accident Potential 83 Zones) of the Department of the Navy's AICUZ Program 84 Procedures and Guidelines for Department of the Navy Air 85 Installations (OPNAV Instruction 11010.36B); or to 86 applications for discretionary approvals on property 87 entirely outside of an AICUZ area. 88 3. Guidelines. 89 (a) Infill development on tracts or parcels of less 90 than ten (10) acres, where all of the following conditions 91 are present should be considered by the Planning Commission 92 and City Council in the normal course and should be decided 93 on the merits of the application: (1) the existing zoning 94 is unreasonable; (2) the requested action would give rise 95 to development substantially similar to that on surrounding 96 properties; and (3) the requested use is the least 97 intensive necessary to achieve consistency with the 98 surrounding properties 99 (b) Development proposals for property wholly or 100 partially located in AICUZ areas and not meeting the 101 criteria set forth in subsection (3) (a) above should be 102 considered by the Planning Commission and City Council in 103 the normal course and should be decided on the merits of 104 the application where all of the following conditions are 105 present: (1) the property is not located, wholly or 106 partially, within an Accident Potential Zone; (2) the 107 development proposal represents the lowest reasonable 108 density or intensity for the property, given its location 109 and surrounding land uses; (3) the property is not located, 110 wholly or partially, within a noise zone greater than 70 dB 111 Ldn (except where the uses proposed are deemed compatible 112 with their location in such noise zone pursuant to Section 113 221.1 of the City Zoning Ordinance); and (4) all 114 appropriate noise attenuation measures specified by Section 115 221.1 of the City Zoning Ordinance are provided. 116 (c) All other applications should be deferred by the 117 Planning Commission or City Council, as the case may be, 118 pending eempleti adoption of the Jeint Land Use Study 119 AICUZ Overlay Ordinance. 120 121 122 123 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2005. CA-9605 OID\Land Use\ordres\AICUZ\extendinterimguidelinesres.doc R-1 May 3, 2005 APPROVED AS TO CONTEBNT: Planning apartment APPROVED AS TO LEGAL SUFFI ENCY: C ttorne O fice no CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Accepting the Final Hampton Roads Joint Land Use Study and Directing the City Staff to Bring Forward Ordinances Implementing the Recommendations Thereof MEETING DATE: May 10, 2005 ■ Background: On January 6, 2004, the City Council committed to participate in a Joint Land Use Study, the purpose of which was to provide recommendations regarding land use policy to reduce the impacts associated with military air operations. The Study, which was recently completed, is entitled the "Final Hampton Roads Joint Land Use Study." ■ Considerations: The Resolution accepts the Final Study and directs the City Staff to to bring forward ordinances implementing the recommendations pertaining to the City of Virginia Beach, including, but not limited to, the preparation of a draft AICUZ Overlay Ordinance to be presented to the City Council for its consideration. ■ Public Information: This Resolution has been advertised in the same manner as other City Council agenda items. ■ Recommendations: Adoption of Resolution ■ Attachments: Proposed Resolution Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: 1 A RESOLUTION ACCEPTING THE FINAL 2 HAMPTON ROADS JOINT LAND USE STUDY 3 AND DIRECTING THE CITY STAFF TO 4 BRING FORWARD ORDINANCES 5 IMPLEMENTING THE RECOMMENDATIONS 6 THEREOF 7 8 WHEREAS, pursuant to Resolution No. 3031, adopted on 9 January 6, 2004, the City Council committed to participate in a 10 Joint Land Use Study, the purpose of which was to provide 11 recommendations regarding land use policy to reduce the impacts 12 associated with military air operations; and 13 WHEREAS, the said Resolution also provided that the 14 City shall implement such recommendations of the Study as are 15 appropriate; and 16 WHEREAS, the Joint Land Use Study has been completed 17 and presented to the City Council, and a public hearing on the 18 final Study was held on May 3, 2005; 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 20 CITY OF VIRGINIA BEACH, VIRGINIA: 21 That the City Council hereby accepts the Final Hampton 22 Roads Joint Land Use Study dated April, 2005 and directs the 23 City Staff to bring forward to the City Council all appropriate 24 ordinances implementing the recommendations thereof pertaining 25 to the City of Virginia Beach, including, but not limited to, 26 the preparation of a draft AICUZ Overlay Ordinance to be 27 presented to the City Council for its consideration. 27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 That the City Council hereby expresses its gratitude 30 to the United States Navy, the Cities of Norfolk and Chesapeake, 31 the members of the Policy Committee and Technical Committee 32 (Working Group), the Office of Economic Adjustment, the Hampton 33 Roads Planning District Commission, members of the public who 34 attended public hearings and meetings on the Study, and all 35 others whose efforts contributed to the completion of the Final 36 Hampton Roads Joint Land Use Study. 37 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, on the day of , 2005. CA-9608 OID\Land Use\ordres\AICUZ\FinalJLUSres.doc R-1 May 4, 2005 APPROVED AS TO CONTEBNT: �,b 4-405 Planning epartment APPROVED AS TO LEGAL SUFFICI CY: City Attorney's Office 2 # i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the City Manager to Perform a Public Safety Compensation Review MEETING DATE: May 10, 2005 ■ Background: The City's Public Safety Departments are facing challenges in the recruitment and retention of sworn employees, in part because of increased opportunities provided by Homeland Security requirements of the federal government. As a result, Councilmembers Wood and Diezel have requested that a Public Safety Compensation Review be performed. ■ Considerations: The Resolution directs the City Manager to perform a Public Safety Compensation Review, the findings and recommendations of which are to be provided to the City Council by no later than December 31, 2005. The Resolution also appoints Councilmembers Wood and Diezel as City Council liaisons in the matter. ■ Public Information: The item is to be advertised in the normal manner of agenda items. ■ Recommendations: Adoption of Resolution ■ Attachments: Resolution Recommended Action: Submitting Department/Agency: City Attorney, at the request of Councilmembers Wood and Diezel City Manager: 1 REQUESTED BY COUNCILMEMBERS JAMES L. WOOD AND HARRY E. DIEZEL 2 3 4 A RESOLUTION DIRECTING THE CITY 5 MANAGER TO PERFORM A PUBLIC SAFETY 6 COMPENSATION REVIEW 7 8 9 WHEREAS, the City's Public Safety Departments are facing 10 challenges in the recruitment and retention of sworn employees; and 11 WHEREAS, the Police Department currently has approximately 12 sixty (60) vacant positions; and 13 WHEREAS, the Police Department has lost a number of officers, 14 including ones performing highly specialized duties, to federal 15 employment; and 16 WHEREAS, salary compression issues significantly impact public 17 safety positions; 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 1. That, as a means of addressing the foregoing 21 concerns, the City Manager is hereby directed to perform a Public 22 Safety Compensation Review, in which the issues germane to the 23 compensation and benefits of Public Safety Employees shall be 24 examined; 25 2. That the findings and recommendations of the 26 aforesaid Public Safety Compensation Review shall be provided to 27 the City Council by no later than December 31, 2005; and 28 3. That Councilmembers James L. Wood And Harry E. 29 29 Diezel are hereby appointed City Council liaisons in this matter. 30 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the day of 33 34 CA-9607 P&A\GG\ordres\compstudy.res R-3 May 4, 2005 2005. APPROVED AS TO LEGAL UFFICI NCY: City Attorney's Office 2 up >y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Pleasant Grove Baptist Church — Modification of Conditions MEETING DATE: May 10, 2005 ■ Background: An Ordinance upon Application of Pleasant Grove Baptist Church for the Modification of Conditions for a Conditional Use Permit approved by City Council on January 22, 1990. The request is for a child care education center in conjunction with the church. Property is located at 2153 Kempsville Road (GPIN 14545857800000). DISTRICT 1 — CENTERVILLE ■ Considerations: The applicant is requesting a modification of conditions to allow a childcare center within the existing church. The original conditional use permit for a church was granted by City Council on January 22, 1990. The applicant proposes to provide care for up to 71 children between the ages of 2'/2 years through 12 years of age within the existing church. The hours of operation will be 6.30 A.M. to 6:00 P.M., Monday through Friday. Staff will be hired based on the educational and experiential requirements of the State of Virginia. At this time, there are also 18 non -instructional staff members planned. The proposed use is consistent with the recommendations of the Comprehensive Plan for the Primary Residential Area, is compatible to the surrounding land uses, and will provide a much -needed service to the community. Planning Commission placed this item on the consent agenda because it is compatible within the community and will provide a needed service. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with abstention to approve this request with the following conditions: 1. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before the day care occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. Pleasant Grove Baptist Church Page 2 of 2 2. The applicant shall maintain a childcare license with the Commonwealth of Virginia. Failure to maintain childcare license shall result in revocation of the Conditional Use Permit. 3. The childcare center is limited to a maximum of seventy (70) children. The center shall not care for more than five children under the age of 2 Y2. 4. The "Play Area" for the day care shall be located as shown on the submitted plan entitled "Layout Plan for Pleasant Grove Baptist Church" prepared by MSA, P.C., dated 11/03/04. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: . PLEASANT GROVE BAPTIST CHURCH Agenda Item # 5 April 13, 2005 Public Hearing Staff Planner: Karen Prochilo REQUEST: Modification of Conditions placed on conditional use permit for a church granted on January 22, 1990. 11111111111111111111111111111111 �t / 111111111 ..fir' ��°.� i �:, � .Q•(•`��V .• '✓l��'- Modification of Conditions ��! �`r� �t• �' t � : •�Yw�: • � fib i � . .0 irk,• ; rj r 'Y�Iui�t:Y' * '. �. • �`�''Hµw�il�• ;a t ��iii:G� � r �.��!!!'SSSSSS,,,,,M=�111^�r1 ADDRESS / DESCRIPTION: Property is located at 2153 Kempsville Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14545857800000 1 - CENTERVILLE 12.83 Acres The applicant is requesting a modification of conditions to SUMMARY OF REQUEST allow a childcare center within the existing church. The original conditional use permit granted by City Council on January 22, 1990 was for a church. That conditional use permit had the following one condition which has been satisfied. 1. In accordance with the City's Master Street and Highway Plan, which calls for an ultimate ninety- six (96) foot right-of-way for Kempsville Road, a reservation of approximately thirteen (13) feet is required along the entire Kempsville Road frontage. The applicant proposes to provide care for up 71 children between the ages of 2'/2 years through 12 years of age within the existing church. The hours of operation will be 6:30 A.M. to 6:00 P.M., Monday through Friday. Staff will be hired based on the educational and experiential requirements of the State of Virginia. At this time, there are also 18 Non -instructional Staff members planned. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A church with parking is located on this site. PLEASANT GROVE BA SURROUNDING LAND North: . Multifamily dwellings / PD-H2 (A-12 Apartment District) USE AND ZONING: South: . Single-family dwellings / R-51) Residential District East: . City of Chesapeake West: . Across Kempsville Road are single-family dwellings / R-5D Residential District NATURAL RESOURCE AND The front portion of this site is developed with the church and parking CULTURAL FEATURES: areas. The rear of the site remains in its natural state consisting of a significant stand of mature trees. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Kempsville Road in the vicinity of this application is considered a six -lane divided minor urban arterial facility. The Master Transportation Plan shows a six -lane divided facility including a bikeway with a 150- foot right-of-way. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Kempsville 32,011 ADT 21,600 ADT Level Weekday Road of Service "C" Existing Land Use 2— 152 ADT 34,200 ADT' Level Proposed Land Use 3— 302 ADT of Service "D" Sunday Existing Land Use 2- 612 ADT Proposed Land Use 3— 612 ADT Average Daily Trips s as defined by existing church s as defined by additional day school WATER: This site connects to City water. SEWER: This site connects to City sanitary sewer. FIRE: May not care for more than 5 children under the age of 2'/2 years. More than 5 children under the age of 2 1/2 years will change the occupancy classification to Use Group I (Institutional), which has additional Building and Fire Code requirements. A Certificate of Occupancy may be needed from the Building Official prior to occupancy. PLEASANT GROVE FIST CHURCH Benda Itea""�4 5 Rafe 2 COMPREHENSIVE PLAN The Comprehensive Plan recognizes this area as being within the Primary Residential Area with a goal of preserving and protecting the overall character, economic value and aesthetic quality of stable neighborhoods. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with conditions below. The proposed use is consistent with the recommendations of the Comprehensive Plan for the Primary Residential Area, is compatible to the surrounding land uses, and will provide a much -needed service to the community. CONDITIONS 1. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before the day care occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 2. The applicant shall maintain a childcare license with the Commonwealth of Virginia. Failure to maintain childcare license shall result in revocation of the Conditional Use Permit. 3. The childcare center is limited to a maximum of seventy (70) children. The center shall not care for more than five children under the age of 2'/2. 4. The "Play Area" for the day care shall be located as shown on the submitted plan entitled "Layout Plan for Pleasant Grove Baptist Church" prepared by MSA, P.C., dated 11/03/04. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. Z O H Q V O J W F- rn LL O J Oct FE Lu Q a W Q Q J a LL 0 z 0 a 0 J 1 01 /22/90 2 03/13/01 Modification of Conditions Conditional Use Permit for a church Condtional Rezoning from R-51D to Conditional A-12 with PD-1-12 overlay Granted Granted PLEASANT GROVE BA 11 I 11 0 w I H PLEASANT GROVE BA w L 't r� PLEASANT GROVE BA H Z W 2 W F- Q H W 0 V Ii, Item #5 Pleasant Grove Baptist Church Modification of Conditions 2153 Kempsville Road District 1 Centerville April 13, 2005 CONSENT William Din: Our next item is Item #5, Pleasant Grove Baptist Church. This is an application by the church for a Modification to a Conditional Use Permit as approved on January 22, 1990. The request is for a child-care education center in conjunction with the church. The property is located at 2153 Kempsville Road in the Kempsville District. Glenn Hampton: Good afternoon. My name is Glenn Hampton. Our business address is 501 Independence Parkway, Chesapeake. I'm here representing Pleasant Grove Baptist Church. We have received the staff report and read the conditions and accept all those. We appreciate your consideration. William Din: Thank you sir. Is there any objection to placing this item on consent agenda? If not, Mr. Don Horsley would you please explain this one. Donald Horsley: Certainly Will. In January 1990, Pleasant Grove was issued a Conditional Use Permit for a church on this site. Now, today they're coming back and to have the applicant modify the conditions to allow a child-care in this church. This child-care will have up to 70 children, ages 2%2 through 12 in the existing facility in a place designated. There will be 18 instructional staff on hand at all times, and this application has four conditions. I think it's a good application and there are no objections from the community so we felt it deserved to be on the consent agenda today. William Din: Thank you Don. I'd like to make a motion to approve the following consent item, Item #5 Pleasant Grove Baptist Church, which is an application for Conditional Use Permit change to add child-care education in conjunction with the church located on property at 2153 Kempsville Road in the Centerville District. This has four conditions. Dorothy Wood: Thank you sir. Mr. Miller. Robert Miller: I need to abstain from Item 95. My firm is working on that project. Dorothy Wood: Thank you sir. Anyone else? A motion by Mr. Din and seconded by Mr. Knight to approve the item on consent. Item #5 Pleasant Grove Baptist Church Page 2 AYE 10 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE NAY 0 ABS 1 ABS ABSENT 0 Ed Weeden: By a vote 10-0 the Board has approved the consent agenda item with the abstention so noted. Modification of Conditions CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Coastal Community Church — Modification of a Conditional Use Permit MEETING DATE: May 10, 2005 ■ Background: An Ordinance upon Application of Coastal Community Church for the Modification of a Conditional Use Permit approved by City Council on October 28, 1997 on property located at 2800 South Independence Boulevard (GPIN 14754026760000). DISTRICT 1 — CENTERVILLE ■ Considerations: The Conditional Use Permit permitting the church was approved by the City Council on February 28, 1997. The Conditional Use Permit has 4 conditions. Condition One requires the site to be developed in accordance with the submitted site plan entitled "Church Facility for Glenwood Baptist Church", dated August 15, 1995 and prepared by Verebely & Associates, Architects. The site plan depicts an externally illuminated monument style sign. The applicant is requesting a modification to Condition One so they may install a 12-foot tall pylon -style, internally -lit sign, similar to the free standing signs found at the City schools and commercial areas. Condition Four requires the building(s) to be constructed in accordance with the submitted elevations. The elevations do not depict any exterior window treatments. The applicant wishes to add an awning across the front of the building, at the first floor level, that will cover the sidewalk and entrances. The awning will be 12-foot wide by 120-feet long, green in color. The proposed modifications are consistent with the Comprehensive Plan's recommendations for this area. The proposals are compatible with the adjacent residential neighborhood as well as the business areas. The Planning Commission placed this item on the consent agenda because the proposed changes will further enhance the design of the site. Coastal Community Church Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: All conditions with the exception of Numbers 1 and 4 attached to the Conditional Use Permit granted by the City Council on February 28, 1997 remain in affect. 2. Condition Number 1 of the February 28, 1997 Conditional Use Permit is deleted and replaced with the following: The site shall be developed in accordance with the site plan entitled, "Church Facility for Glenwood Baptist Church" dated August 15, 1995 and prepared by Verebely & Associates, Architects, except the applicant shall be allowed to install 12-foot tall pylon - style, internally -lit sign. The sign shall conform substantially with the submitted sign elevation prepared by Cardinal Sign Corporation, dated 1/3/05. Upon further development and construction of the entrance on South Independence Boulevard, the applicant shall provide a right turn lane. 3. Landscaping around the proposed sign shall be substantially in accordance with the submitted landscaping plan entitled "Coastal Community Church, Virginia Beach", prepared by Winesett Nursery. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 4. Condition Number 4 of the February 28, 1997 Conditional Use Permit is deleted and replaced with the following: The structure shall substantially conform to the submitted elevations, except the applicant shall be allowed to install an awning to cover the sidewalk adjacent to the building and the building entrances. The exterior of the structures shall consist of red brick with a dark gray shingle roof, and the awnings shall be of a complementary color of the building color scheme. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: C �_ , M COASTAL COMMUNITY CHURCH Agenda Item # 17 April 13, 2005 Public Hearing Staff Planner: Faith Christie REQUEST: Modification of the Conditional Use Permit approved by the City Council on February 28, 1997 for a church. F6'lR'I� Modifirvtion of Conditions ADDRESS / DESCRIPTION: Property located at 2800 South Independence Boulevard GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14754026760000 1 - CENTERVILLE 6.239 acres �H D 2 The Conditional Use Permit permitting the church was SUMMARY OF REQUEST approved by the City Council on February 28, 1997. The Conditional Use Permit has 4 conditions: 1. The site shall be developed in accordance with the site plan entitled, "Church Facility for Glenwood Baptist Church" dated August 15, 1995 and prepared by Verebely & Associates, Architects. However, based on comments from Traffic Engineering, a right turn lane into the site shall be constructed on Round Hill Drive. Upon further development and construction of the entrance on South Independence Boulevard, the applicant shall provide a right turn lane. 2. The future sanctuary addition shall be in keeping with the above referenced site plan. 3. Landscaping shall be installed in accordance with the Site Plan Ordinance. 4. The structure shall substantially conform to submitted elevations. The exterior of the structure shall consist of red brick with a dark gray shingle roof. Condition One requires the site to be developed in accordance with the submitted site plan entitled "Church Facility for Glenwood Baptist Church", dated August 15, 1995 and prepared by Verebely & Associates, Architects. The site plan depicts an externally illuminated monument style sign. The applicant is requesting a modification to Condition One so they may install a 12-foot tall pylon -style, internally -lit sign, similar to the free standing signs found at the City schools and commercial areas. COAST. Condition Four requires the building(s) to be constructed in accordance with the submitted elevations. The elevations do not depict any exterior window treatments. The applicant wishes to add an awning across the front of the building, at the first floor level, that will cover the sidewalk and entrances. The awning will be 12-foot wide by 120-feet long, green in color. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A church and parking areas. SURROUNDING LAND North: . Independence Boulevard USE AND ZONING: . Glenwood Community Center / P-1 Preservation South: . City of Virginia Beach Public School bus maintenance facility and Glenwood Elementary School / R-10 Residential East: . Round Hill Drive • Honey Bee golf course / P-1 Preservation West: . Single-family homes / R-10 Residential District NATURAL RESOURCE AND Phase One of the church, a 9,680 square foot building and small parking CULTURAL FEATURES: area occupy the southwestern portion of the site. The balance of the site is landscaped with grass. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): There are no traffic impacts associated with the requests. WATER and SEWER: This site is connected to city water and city sewer. The Comprehensive Plan map designates this area as a COMPREHENSIVE PLAN Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. COAST rage EVALUATION AND RECOMMENDATION Staff recommends approval of this request with conditions. The recommended conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposals are compatible with the adjacent residential neighborhood as well as the business areas. CONDITIONS 1. All conditions with the exception of Numbers 1 and 4 attached to the Conditional Use Permit granted by the City Council on February 28, 1997 remain in affect. 2. Condition Number 1 of the February 28, 1997 Conditional Use Permit is deleted and replaced with the following: The site shall be developed in accordance with the site plan entitled, "Church Facility for Glenwood Baptist Church" dated August 15, 1995 and prepared by Verebely & Associates, Architects, except the applicant shall be allowed to install 12-foot tall pylon -style, internally -lit sign. The sign shall conform substantially with the submitted sign elevation prepared by Cardinal Sign Corporation, dated 1/3/05. Upon further development and construction of the entrance on South Independence Boulevard, the applicant shall provide a right turn lane. 3. Landscaping around the proposed sign shall be substantially in accordance with the submitted landscaping plan entitled "Coastal Community Church, Virginia Beach", prepared by Winesett Nursery. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 4. Condition Number 4 of the February 28, 1997 Conditional Use Permit is deleted and replaced with the following: The structure shall substantially conform to the submitted elevations, except the applicant shall be allowed to install an awning to cover the sidewalk adjacent to the building and the building entrances. The exterior of the structures shall consist of red brick with a dark gray shingle roof, and the awnings shall be of a complementary color of the building color scheme. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. COAST. �`wA`. •`" F'. �5 A �-�..,,,,,�-F t � �.y� ,�c�y� .3`t� !J ° '� � �x+7 � � °A ��{+T �+R r� �$ s \ � "� . •� --� i � `"u'a—_ — ^°fie! � a,' ,..�' ,�� • ya,� ��MII � i� may" yY � � 4 � y d F g � — `.� J ,� Y�{ � � of p � t t a I R i rr� It +, i4 ---•.� +� ". ',e tom' l ,�.>., � ' \� � � .. ° 4-T ; i'' Z a J a w H 0 w U) O a O OC a COAST, 56-1/4" ........... RIF M m� '4 of KOMI a z a a C z a J z a 0 W O m O a COAST atilt. S2 r.. r COAST, E a z a a v U) a z a J z a N G W N O IL O a 7g9A4%b^ 0 )nM1 INIIIII�?Me: 1 Dao IU�1tl 1. 2/28/97 Conditional Use Permit (Church) Approved 10/17/95 Rezoning (B-1 Business to R-10 Approved Residential) and a Conditional Use Permit (Church) 12/9/85 Rezoning (PD-H2 Planned Unit Approved Development to B-1 Business) 2. 12/5/95 Rezoning (PD-H2 Planned Unit Approved Development to B-1 Business) 3. 7/9/90 Rezoning (PD-H2 Planned Unit Approved Development to P-1 Preservation) COAST 0 F- z z 0 N swab IWI//% lftff 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) s Coastal Community Church - Lonnie Warren, John Wren, Jim Smith - Trustees 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None Check here if the ,applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation; partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. Mow: (Attach list if necessary) Baptist Extension Board, Inc. - Eddie 5treaton 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) None Check here if the property owner is NOT corporation, partnership, firm, business, or other unincorporated organization, ' & 2 See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 91112004 Z W 2 iF- Q iF- 0 W C0 O _! V N -, A,DDiTu NAL DISCLOSUPKII Ust all knom contraatars or bua k*ssms that have or Wy provide mervlCas wfth reaped to the mqLamed proWty cam, imIuctir g teat not Umbel tp the proms of srcttecWrsi rvlc as, real estate services, fina moo servIlms, mocourSflnq sarvlc/►s, and legal s ervlcps: (Att 0h !at If neamary'.) i •(t- f iM 8 r—AW — A ! • • • ♦ 1 ._ t, t 7� : s ice:.= • ♦ . __ .i tiorishlp of w than the" wft has a (il) a corttro owr*r in (i ) two is shared chors set stun d be etndss entity r+eiationship rew own or rnen"e► the two ;;the business entides attars m acWItkm, resmms or rldnq reMmahip MlPkt of Interests Act, Ns.. "♦ ♦ t• yr• • t_ • M e t -.:-i . s ♦ � M ...♦ r a a • E-T=• NOW . •wpm:�� v....w vweyrrvw�� 5�r. ..�ss�+o•a� waw,.'A7+f'�•..�....mj a .n.r nwF�v !'ir�a ti4 Ap+r'ii� I COAST H W W Cn H W Cn O J V Cn �07 � �d • ia' � � �� , .a it ° � '� � .u� � $' Planning Commission Members c/o Planning Department City of Virginia Beach Municipal Center, Building 2 Virginia Beach, VA 23456 Re: Reconsideration of Conditions Coastal Community Church-2800 South Independence Blvd. Dear Commission Members: E MAR 1 ``0 2005 PLANNING DEPARTMENT The Board of Directors for Glenwood Community Association has reviewed the resubmitted plans for a monument sign for Coastal Community Church, on the above referenced property. The Association will not oppose the signage provided it is installed as depicted _ in the latest rendition provided by Cardinal Sign Corporation, and provided it will be landscaped as depicted in the proposal by Winesett Nursery. Should there be any changes in the above referenced plans, we respectfully request to be notified in advance of any consideration of these changes. Sincerely, GLENWOOD COMMUNITY (arol A. Lare, PCAM Association Manager ASSOCIATION, INC. cc: Eddie Bourdon Sykes, Bourdon, Ahern & Levy Glenwood Community Associalkon - 209E l=lc: and Hill Drive, Vityiirda Beach, VA23464 (757) /171-6370 o Fax (757) 471-6294. - irianager(4glenwoodcaxorn or admin@glenwood.com Item #17 Coastal Community Church Modification of a Conditional Use Permit 2800 South Independence Boulevard District 1 Centerville April 13, 2005 CONSENT William Din: Our next item on the consent agenda and last item is Item #17, Coastal Community Church. It's an application by the church for a modification of a Conditional Use Permit previously approved by City Council on October 28, 1997. This is on property located at 2800 South Independence Boulevard in the Centerville District with four conditions. R.J. Nutter: Thank you Mr. Din, Madame Chairman. For the record, my name is R.J. Nutter. I'm an attorney representing Coastal Community Church. We have been able to review the conditions with the members of the church, and they are all acceptable. We appreciate being placed on the consent agenda. William Din: Thank you Mr. Nutter. R.J. Nutter: Yes sir. William Din: Is there any objection to placing this item on consent agenda? If not, last explanation will be Mr. Knight. Barry Knight: This application by Coastal Community Church was approved October 28, 1997 with four conditions. The church would like to modify two conditions. Condition one requires the site to be developed in accordance with their elevation of 1995. They would like to change that which was an externally lit monument sign. Now they're requesting to build a 12-foot tall pylon -style, internally lit sign. And on the other condition, Condition #4, the applicant wishes to add an awning across the front of the building at first level and that wasn't addressed in the earlier Conditional Use Permit, so we think these are fairly minor. They are in accordance in what we think are good land use policies. There is no opposition therefore we placed it on consent agenda. William Din: Thank you Barry. I'd like to make a motion to approve the following consent item, Item #17 Coastal Community Church, a modification to modify a Conditional Use Permit previously approved by City Council on October 28, 1997. Its on property located at 2800 South Independence Boulevard in the Centerville District with four conditions. Dorothy Wood: Thank you sir. A motion by Mr. Din and seconded by Mr. Knight to approve the item on consent. Item # 17 Coastal Community Church Page 2 AYE 11 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE NAY 0 ABS 0 ABSENT 0 Ed Weeden: By a vote 11-0 the Board has approved the consent agenda item. NF-11 Ma Not, to Scale Coastal Communit Church +. GLENWOOPD- D J �p �a j 9 Ob 13 1#1Conditional 7onine FRecorded Proffers na„a;�:..,..;,,., „!t".,,.,,,7,r,n,,.• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: APC Realty & Equipment Co., L.L.C. — Conditional Use Permit (communication tower) MEETING DATE: May 10, 2005 ■ Background: An Ordinance upon Application of APC Realty & Equipment Co., L.L.C., SprintCom, Inc., Sprint PCS for a Conditional Use Permit for a communications tower on property located at 5697 Magnolia Run Circle (GPIN 14641910810000). DISTRICT 1 — CENTERVILLE ■ Considerations: The applicant requests a Conditional Use Permit to allow a communication tower to be located within a Dominion Virginia Power transmission structure located on the site. Dominion Virginia Power will replace their existing steel lattice tower structure with a single shaft steel pole designed to support Sprint's antenna array above the transmission lines. The new pole will have the capacity to support two (2) antenna arrays. The proposed tower will be located approximately 50-feet from the adjacent residential district. A variance from the Board of Zoning Appeals to the required setbacks from a residential structure and district is required before the antenna may be installed. Under the recent amendment to Section 232(b)(1) of the City Zoning Ordinance, the required setback from a residential structure for this 125 foot high tower is 156 feet. Additionally the applicant will have to obtain a 15-foot ingress / egress easement across the apartment complex to access the site. The submitted landscape plan is not in accordance with the required landscaping in the Section 232 of the City Zoning Ordinance. This item will be addressed during detailed site plan review. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The placement of antenna arrays on a Dominion Virginia Power high -transmission tower is much preferred over the construction of a new tower that would only be used for antenna arrays. The adaptive use of high -transmission power -line towers through the introduction of antenna arrays has been used in a number of locations throughout the city, most within residential neighborhoods, and with great success. APC Realty & Equipment Co., L.L.C. Page 2 of 2 The Planning Commission placed this item on the consent agenda because the proposed tower will coexist with a Dominion Virginia Power transmission tower which is less intrusive on the surrounding neighborhoods. ■ Recommendations: Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: The proposed tower and antenna array shall not exceed the height depicted on the submitted "Elevation View and Details, Sheet Number C-3, prepared by Clark Nexsen, Architecture and Engineering, for Sprintcom Inc., at 5797 Magnolia Run Circle, Virginia Beach, VA". Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The site shall be developed substantially in accordance with the submitted site plan entitled "NO76XC812 CENTERVILLE TURNPIKE 5797 MAGNOLIA RUN CIRCLE VIRGINIA BEACH, VA 23464", prepared by Clark Nexsen, Architecture and Engineering, for Sprintcom Inc. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The applicant shall obtain a variance to the required setback from an existing residential structure in accordance with Section 232 (b) (1) of the City Zoning Ordinance before the site plan is approved and the antenna array are installed on the transmission structure. 4. The applicant shall obtain a 15-foot ingress / egress easement in accordance with Section 232 (b) (12) (iii) of the City Zoning Ordinance before the site plan is approved and the antenna array are installed on the transmission structure. 5. In the event that the tower is not used for a period of one year, it must be removed at the owner's expense. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: I, ' APC REALTY & EQUIPMENT CO., L.L.C. Agenda Item # 10 April 13, 2005 Public Hearing Staff Planner: Faith Christie B-2 REQUEST: Conditional Use Permit for a Communication Tower s-2 ADDRESS / DESCRIPTION: Property located at 5697 Magnolia Run Circle GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1464191081 1 - CENTERVILLE 19.933 acres ANC Mealy and Equipment Co, LLC IS R�50 The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST Communication Tower to be located within a Dominion Virginia Power transmission structure located on the site. Dominion Virginia Power will replace the existing steel lattice tower structure with a single shaft steel pole designed to support Sprint's antenna array above the transmission lines. The new pole will have the capacity to support two (2) antenna arrays. The proposed tower will be located approximately 50-feet from the adjacent residential district. A variance from the Board of Zoning Appeals to the required setbacks from a residential structure and district is required before the antenna may be installed. Under the recent amendment to Section 232(b)(1) of the City Zoning Ordinance, the required setback from a residential structure for this 125 foot high tower is 156 feet. Additionally the applicant will have to obtain a 15-foot ingress / egress easement across the apartment complex to access the site. The submitted landscape plan is not in accordance with the required landscaping in the Section 232 of the City Zoning Ordinance. This item will be addressed during detailed sit plan review. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is a high -transmission power line easement located along the northern edge of multiple -family residential development. SURROUNDING LAND North: • Single-family dwellings / R-7.5 Residential USE AND ZONING: South: . Lynnhaven Parkway Across Lynnhaven Parkway are single-family homes / R-7.5 and R-5D Residential East: . Lynnhaven Parkway • Across Lynnhaven Parkway are single-family homes / R-7.5 and R-5D Residential West: • Undeveloped property / B-2 Business District NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): There are no traffic impacts associated with the proposed use. The Comprehensive Plan designates this area as being within COMPREHENSIVE PLAN the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions. The recommended conditions are provided below. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The placement of antenna arrays on a Dominion Virginia Power high -transmission tower is much preferred over the construction of a new tower that would only be used for antenna arrays. The adaptive use of high -transmission power -line towers through the introduction of antenna arrays has been used in a number of locations throughout the city, most within residential neighborhoods, and with great success. CONDITIONS 1. The proposed tower and antenna array shall not exceed the height depicted on the submitted "Elevation View and Details, Sheet Number C-3, prepared by Clark Nexsen, Architecture and Engineering, for Sprintcom Inc., at 5797 Magnolia Run Circle, Virginia Beach, VA". Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 2. The site shall be developed substantially in accordance with the submitted site plan entitled "N076XC812 CENTERVILLE TURNPIKE 5797 MAGNOLIA RUN CIRCLE VIRGINIA BEACH, VA 23464", prepared by Clark Nexsen, Architecture and Engineering, for Sprintcom Inc. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the City of Virginia Beach Planning Department. 3. The applicant shall obtain a variance to the required setback from an existing residential structure in accordance with Section 232 (b) (1) of the City Zoning Ordinance before the site plan is approved and the antenna array are installed on the transmission structure. 4. The applicant shall obtain a 15-foot ingress / egress easement in accordance with Section 232 (b) (12) (iii) of the City Zoning Ordinance before the site plan is approved and the antenna array are installed on the transmission structure. 5. In the event that the tower is not used for a period of one year, it must be removed at the owner's expense. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. glu In _ I us t E y inHs s«i 3vn vp Ra i5- {j z u Ia ` -911 l " � in a a z I � : } �KA j ""MRv s. z a J `a V/ W 0 CL a of I 3 � � jo _��.. (� A N NMI I =� a t� z� i f I 1°F � 0 � I Z IL J W a U) 0 Q J W cn IL a APC Realty and Equipment Co, LLC L'blLVV �j ME �i ON a I� �� Q�►''� ,� NO j ?�� q� �i�� , �'llFlo 00 o LIM CUP for Telecommunication Tower 1. 11/10/75 Rezoning (R-6 Residential to A-1 Approved Apartment) 2. 1/25/94 Conditional Use Permit (Recreational Approved Facility — Driving Range and Future Mini - Golf) 3. 8/13/02 Conditional Use Permit (Home Occupation Approved — Daycare) 4. 5/22/01 Conditional Use Permit (Service Station) Withdrawn O H- Z Z N am i SCLOSURE STATEMENT Im APPLICANT" DISCLOSURE is a corporation, partnership, firm; business, or other unincorporated Ftheapplicant complete the following:pplicant namefollowed by the names of all officers, members, trustees, ,etc: below, (Attach list if necessary) Please See Attached 2. List all businesses that have a parent -Subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) Please See Attached MCheck 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 fallowing: 1. Lisa the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Magnolia Run Apartments, L.L.C., ,lames M. Arhhold, W. Breck Wood, Vincent Wood, Sara Hewitt, Jennifer Prodan 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) HAV, Inc., Source Realty, L.L.C,, William E Wood & Associates, Inc., William B. Wood & Associates, Inc.,. Arnhold Marketing Services, Inc. ❑Check here if the property owner is NOT corporation, partnership, firm, business, or other unincorporated organization. ' & z See next page for footnotes Gondifiomi Use Permit Application Page J of 17 ReAsed 9/112004 Z W 2 W H H W O J rye .rNr_ 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 (iti) 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 entitles." See State and Local Government Conflict of Interests Act, Va. Code § .2-3101. CERTIFICATION I certify that the information contained herein is true and accurate, l 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 to the instructions intPiis package. different than applicant) •_ r-;$ WII Print Name ,lames M. Amhold, Managing Member Print Name Conditional Use Permit Application Page 10 of 10 RevisedW112004 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requ6sted propertyuse, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list d necessary) • Real Estate Services - SBA Network Services, Inc., 312 East 1 8th Street Norfolk, VA 2351 757-274-0056 • Legal Service Lecl it Ryan 999 Waterside give, Suite 515 Norfolk, Virginia 23510 757-6 4-14 4 • Architectural ,& Engineering - Clark. Nexsen Services 6160 Kempsville Circle> Suite 200A Norfolk, Virginia 23502 757-4W580t Entrex 157 1 Street, NW, Suite 350 ; Washington, DC 20005 202-408-0960 • Construction Services SSA Network Services, Inc., 312 East I Sth Street Norfolk, VA 23517 757-274-0055 Dominion Technical Solutions, Inc, 120 Tredegar Street, Richmond, Virginia 2321 757- 93-3828 i subsid ry re hip° means *a relationship that exists when corporation directly or indirectly owns shares possessing ` more than 50 percent of the voting power of another corporation.* See State and Local Government CMW of Interests Va. Code 3 2,2-3101. 2 'Affifiet6d business entity mlationship° means "a relationship, other than parent -subsidiary relationship, that emits when (i) one business entity has a controlling ownership interest the o#*k*jskW%vnMLMg pontmiling &M-W, imone entity in Aim, A rtnntmirinn nvjvw in tta Misr Antitu or Mal there is shared man9aetti ant or the business entities. Page 1 of 2 Faith Christi - Re: APC REALTY & EQUIPMENT CO., L.L.C., SPRINTCOM, INC.,SPRINT PCS STAFF PLANNER FAITH CHRISTIE From: Faith Christi To: Administration Planning; christopherdavidson Subject: Re: APC REALTY & EQUIPMENT CO., L.L.C., SPRINTCOM, INC.,SPRINT PCS STAFF PLANNER FAITH CHRISTIE CC: Melvin Briggs I will pass this e-mail on to the Planning Commissioners. I would like for you to know however that this request is to install antenna on the Dominion Virginia Power transmission tower. APC is not building a new tower. Dominion Virginia Power will be replacing one of their transmission towers, and the antenna will be located at the top of the new tower. A small maintenance building will be constructed at the base of the transmission structure. That should alleviate some of your concerns. >>> "christopherdavidson" <christopherdavidson @verizon.net> 04/13/05 12:11 AM >>> Re: 10. APC REALTY & EQUIPMENT CO., L.L.C., SPRINTCOM, INC., SPRINT PCS An Ordinance upon Application of APC Realty & Equipment Co., L.L.C., SprintCom, Inc., Sprint PCS for a Conditional Use Permit for a communications tower on property located at 5697 Magnolia Run Circle (GPIN 14641910810000). DISTRICT 1 - CENTERVILLE STAFF PLANNER: Faith Christie Dear Ms. Christie and Board Members of the Planning Commission, On behald of my wife Debi and I, Chris Davidson, we do hereby reject the proposal for a communications tower to be located on GPIN 14641910810000 Magnolia Run Apts. With the understanding that wireless providers seek to produce the most efficient coverage for their networks using these unsightly, high -intensity microwave emitting towers, and sublet additional space on the towers for other competitors to install their send/recieve high -intensity microwave equipment thus magnifying the microwave radiation output. We cannot allow such a device to be erected within sight of/from our high -end nieghborhood. I'm sure you recall the fight over the communication tower install request on land owned by Lynnhaven United Methodist Church by my former nieghbors in Little Neck Point, Middle Plantation, and environs, years ago. Woodbridge Pointe and Woodbridge Manor are luxurious, new -growth neighborhoods bordered by Magnolia Run Luxury Apartments and the beautiful Stumpy Lake Preserve. As VDOT begins to cut thru Lynnhaven Parkway, it does not pave the way for wholesale construction of property value destructing items like this communications tower. The tower could either be co -located within an existing Dominion Virginia Power Transmission Tower as I've seen in Suffolk, VA, yet far away from residential property. Addtionally, I believe the going lease rate charged by a land owner to the communications tower owner is $20,000 per month or Page 2 of 2 more. I'm sure these funds would be better utilized if the tower were moved to theTransportation Commisioner's zoned B-2 property temporarily functioning as Wood Creek Golf Course, or the property across Centerville Turnpike across from the golf course or another "commercial area" of Kempsville/Centerville/Indian River. Perhaps Atlantic Shores Church or their Day School, Stumpy Lake Golf Course, or the Woods Corner Shopping Plaza. I would seriously force wireless providers to use available space on already existing towers in order to hang their microwave equipment from, otherwise block this request while the wireless industry continues it cycle of consolidation via mergers and acquisitions.. Wireless providers make huge profits and do not answer to state & federal commissions when raising their rates, they just do it, while some residents are forced to live underneath their techno-sprawl and adjacent property owners eat the loss of property value (a tax) unless perhaps Waldo and Lyle or some other property lawyer comes to their rescue. We recommend a vote AGAINST this proposal. Please advise me as to what happens today should this application be approved as it stands and goes on to my Councilman Harry Diezel and fellow City Council members for a vote. Thank You! Sincerely, Chris & Debi Davidson 1977 Bizzone Cir Va Va Beach VA 23464 Page 1 of 1 Faith Christi - Re: Re: APC REALTY & EQUIPMENT CO., L.L.C., SPRINTCOM,INC.,SPRINT PCS STAFF PLANNER FAITH CHRISTIE From: <christopherdavidson@verizon.net> To: "Faith aChristi" <FCHRISTI@vbgov.com> Date: 4/13/2005 10:34 AM Subject: Re: Re: APC REALTY & EQUIPMENT CO., L.L.C., SPRINTCOM,INC.,SPRINT PCS STAFF PLANNER FAITH CHRISTIE Thank you Faith, I wondered how that tower would fit since the apartment property is virtually built out and there is a playground/pool on the premises. Yes this does alleviate some concerns. Thanks for the fast response! -Chris I Item #10 APC Realty & Equipment Co., L.L.C. Sprintcom, Inc., Sprint PCS Conditional Use Permit 5697 Magnolia Run Circle District 1 Centerville April 13, 2005 CONSENT William Din: Our next item is Item #10, APC Realty & Equipment Co., L.L.C., Sprintcom, Inc., Sprint PCS. This is an application for a Conditional Use Permit for a communications tower on property located at 5697 Magnolia Run Circle in the Centerville District. There are 5 conditions with this. It was changed. We added a condition. Melvin Briggs: Good afternoon, Commission. I'm Melvin Briggs, a representative for APC Realty & Equipment. Yes, we have read the conditions, and we do accept them. Thank you for your consideration. William Din: You know there were 5 conditions now? Melvin Briggs: Yes sir. William Din: Okay. Thank you. Is there any objection to placing this item being placed on consent agenda? If not, Mr. Don Horsley. Donald Horsley: This applicant is applying for a Conditional Use Permit to allow for a communications tower. Dominion Power will replace the existing structure with a monopole steel pole structure. The antenna will be attached to it. This placement at the top of a Virginia Tower transmission tower is most preferred of the construction of a new tower. It's kind of like you got one structure doing two uses on it, and so it's adequately conditioned. There was a condition added to it this morning. If it is not used for a year, then they are going to take it down at the owner's expense. We don't have any opposition so we placed it on the consent agenda today. William Din: Thank you Don. I'd like to make a motion to approve the following consent item, Item #10 APC Realty & Equipment Co., L.L.C., Sprintcom, Inc., Sprint PCS. This is a Conditional Use Application for a communications tower located at 5697 Magnolia Run Circle in the Centerville District. This has five conditions. Dorothy Wood: Thank you sir. A motion by Mr. Din and seconded by Mr. Knight to approve the item on consent. AYE 11 NAY 0 ABS 0 ABSENT 0 Item # 10 APC Realty & Equipment Co., L.L.C. Page 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote 11-0 the Board has approved the consent agenda item. APC Real�y and Equipment Co., LL( SprmtCom, Inc., Sprint I Fr 16 C -75 R <y' 4�j zw, 04 -7.5 k5 t- IZID 5 �M It VAa ilk yf r B-2 A, v ClIP Mr TvIeremmumrarl . fm Tninor CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CSM, L.L.C. — Change of Zoning District Classification MEETING DATE: May 10, 2005 ■ Background: An Ordinance upon Application of CSM, L.L.C. for a Change of Zoninq District Classification from A-18 Apartment District to R-5S Residential Single Family District on property located on the east side of Rosemont Road, 295 feet south of Bancroft Drive (GPIN 14866502900000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the zoning change is to develop the site with a dwelling. DISTRICT 3 — ROSE HALL On April 26, the City Council indefinitely deferred this matter at the request of the applicant. On April 27, the applicant notified the City Clerk and the Planning Department that they desired the matter to be placed on the May 10 City Council agenda. ■ Considerations: The applicant proposes to rezone the existing lot from A-18 Apartment District to R-5S Residential Single -Family District to allow the construction of one single- family dwelling. The lot is substandard in area and lot width for both the existing A-18 District zoning as well as the proposed R-5S District zoning. The neighborhood surrounding the property is a mixture of duplexes and single-family homes. The subject lot, as well as the lots in the surrounding area, was platted at 25 feet wide in 1925. Several of the lots have since been combined; however, the subject site still exists as originally platted. ■ Recommendations: Planning Department staff recommended approval of the request. The Planning Commission passed a motion by a recorded vote of 8-3 to deny this request. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map CSM, L.L.C. Page 2 of 2 Recommended Action: Staff recommended approval. Planning Commission recommends denial. Submitting Department/Agency: Planning Department City Manager: CSM, LLC Agenda Item # 12 April 13, 2005 Public Hearing Staff Planner: Barbara Duke REQUEST: Change of Zoning District Classification from A- 18 Apartment District to R-5S Residential Single -Family District. Map G-8 Zoning ADDRESS / DESCRIPTION: Property located on the east side of Rosemont Road, 295 feet south of Bancroft Avenue GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1486-65-0290 3 — ROSE HALL 2,118 square feet The applicant proposes to rezone the existing lot from A-18 SUMMARY OF REQUEST Apartment District to R-5S Residential Single -Family District to allow the construction of one single-family dwelling. The lot is substandard in lot area and lot width for both the existing A-18 District zoning as well as the proposed R- 5S District zoning. The neighborhood surrounding the property is a mixture of duplexes and single-family homes. The subject lot, as well as the lots in the surrounding area, was platted at 25 feet wide in 1925. Several of the lots have since been combined; however, the subject site still exists as originally platted. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Office / 0-2 Office District • Single-family home / A-18 Apartment District • Single-family homes / R-5S Residential District • Duplex home / A-18 Apartment District There are some scattered mature trees on the site that will require removal to construct a building on the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES The requested rezoning will have no measurable impact on City services. MASTER TRANSPORTATION PLAN Rosemont Road is shown with an ultimate width of between 100 feet and 165 feet for the section between Holland Road and 1-264 on the Master Transportation Plan. The existing width along the frontage of the subject site is 70 feet. There is no CIP Project or funding identified for this road widening; however, it has been included in the Long -Range Regional Plan produced by the Hampton Roads Planning District Commission. The Comprehensive Plan designates this area as "Primary COMPREHENSIVE PLAN Residential Area." The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size and relationship of land uses, residential and non-residential, located in and around neighborhoods should serve as a guide when considering future development. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with no proffers attached. The lot is very small, measuring only 2,118 square feet in area and 25 feet in width. This existing substandard lot is below the minimum requirements for all residential and apartment zoning categories in the zoning ordinance. Section 107(i) of the zoning ordinance states that any "petition for which the parcel involved does not meet the minimum area or dimensional requirements shall be processed nevertheless, but shall not be approved by council unless it finds that either special circumstances pertinent to the site or special conditions attached to the petition... satisfactorily offset the negative effects inherent in the area or dimensional deficiency." Under the current A-18 Apartment District zoning, the applicant could develop a duplex on this lot, but not a single-family home. The requested rezoning to R-5S Residential District will allow the development of one single-family home which is a more reasonable option than a duplex dwelling for this small site. The proposal, therefore, is in conformance with the Comprehensive Plan's recommendations for this area. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. Z O H Q V O J LU H LL O J Q W Q •-2 i J ;_01 � . CARA6 k l0r- t4 , # 726 src 2-STY. 'FR. $ ,' wl ANYL ass " CHAJN LINK FENCE . 2' INSIDE OF t i h Lol a(eA. Lr T2 to/ 48' CHAIN LINK FENCE-�.*l 0.78' INSIDE OF t ,�- 4J 10r-: 44 1 2 3 4 5 6 Zoning Change from A-18 to RS-S 10/24/77 REZ A-18 Apartment to 0-2 Office 12/03/96 REZ A-18 Apartment to R-5S Residential 04/23/96 REZ A-18 Apartment to R-5S Residential 01/09/96 REZ A-18 Apartment to R-5S Residential 11/02/87 REZ A-18 Apartment to 0-2 Office 06/08/81 CUP gas and car wash Granted Granted Granted Granted Granted Granted rde Item #12 CSM, L.L.C. Change of Zoning District Classification East side of Rosemont Road District 3 Rose Hall April 13, 2005 REGULAR Joseph Strange: The next item is Item #12, CSM, L.L.C. This is for an Ordinance upon Application of CSM, L.L.C. for a Change of Zoning District Classification from A-18 Apartment District to R-5S Residential Single Family District on property located on the east side of Rosemont Road, 295 feet south of Bancroft Drive, District 3, Rose Hall. Dorothy Wood: I hope you don't mind being moved up Mr. Bourdon? Eddie Bourdon: No, I don't mind at all. Thank you very much. For the record, my name is Eddie Bourdon. I'm a Virginia Beach attorney representing the applicant. Let me start by saying that this is clearly not a situation that any of us would have a desire to create or would try to create today. However, we need to keep in mind what our tasks are where we are dealing here with a 25-foot platted legal lot. It was created going on a century ago. I guess about 80 something years ago. This property is zoned A-18. That is it can be developed as multi family residential. A duplex is the least dense use that this property as it is zoned can be developed. This is a down zoning. Captain Keeley, if you're watching, it is a down zoning. The maximum with this rezoning that you can put on this property is one single family home as opposed to two single-family homes. Frankly, this is something that should have probably been done, if it had been brought to anyone's attention with the Comprehensive Plan Amendment. This lot, I checked it while we've been waiting. I had my title examiner do a quick check. At least since 1961, this lot has been separate and apart from the lots on either side of it. Not that it really matters but in case anyone had any inquiry along those lines, it is at least since 1961, if not prior to that time, it's been separate and apart from the lot. To the south or the lot to the north. To the north is an office building, a parking lot to the south is a building that I would assume to be a duplex or a triplex or a non -conforming single-family, since it is also zoned multi family residential. The house to the south is just slightly over 14 feet from the property line that it shares with this lot. With the proposal that would have to get a variance from the Board of Zoning Appeals, if it is approved, as we are seeking it from the Board of Zoning Appeals, there would be a separation of over 17 feet. The Board of Zoning Appeals may well say that our setback needs to be a little bit more, but as far as the distance between the existing dwelling and this dwelling, it is more than exist, in a lot of areas in a lot of neighborhoods. And, to deny this property owner the right to develop the property as a single family using the R-5S, which is the most appropriate zoning available would be denying him a Item #12 CSM, L.L.C. Page 2 more reasonable use of the property or telling him to build two units there. I don't think that anyone would argue that this makes more sense. I do have a survey that shows that this is between the proposed building and the existing building to the south, and also a rendering of the elevation showing what the house would look like. We also create the fact that we are putting a garage here, and we will certainly be designing it, I think the driveway will be slightly modified. We will certainly have a situation where one can turn a vehicle around on the site, and go out rather than back out. You can go out forward as opposed to backing out into Rosemont Road. There are other residential dwellings that abut Rosemont Road as we are well aware. Again, this is one of those situations where it is one of those duties we have to do. This is the best that can occur with this piece of property short of taking the property. If someone wants to do that that is someone else's decision. Not this body's decision. Staff has recommended approval. I think it is the only prudent and reasonable course no matter how many may not think it is a great idea to have a house there. It's the only thing that makes sense there. It's adjacent to R-5S as well behind it. I'll be happy to answer any questions that you may have. Dorothy Wood: Let's start down. Do you have any questions Ms. Katsias? Kathy Katsias: I'm just glad that you addressed the parking. Eddie Bourdon: Practically speaking, we are going to have to pave all the way to the north with an area where you can back out of the garage, and then go out. That is what we'll have to do. John Waller: You have to back out into Rosemont right? Eddie Bourdon: No. Back out on site. You have to come out of the garage backing out in this direction and then coming out. So, we're going to have to widen the driveway on each side to create a turning space so you can turn on the site. You certainly are going to make every effort to do that anyway. That is what we are going to have to try and do. John Waller: When you back out of the garage over to the side of the property line, there isn't enough space Eddie. You can't do it. Eddie Bourdon: It all depends on what you're driving Mr. Waller. John Waller: You can't do it in a H-2 Eddie Bourdon: I can't do it in my wife's vehicle but I guarantee I can do it in a number of vehicles that are on the market today. You couldn't do it in the H-2. You're right about that. Item #12 CSM, L.L.C. Page 3 Dorothy Wood: Mr. Bourdon, now the way it is he could only go five feet. Is that correct? Eddie Bourdon: Anyway you cut it, whether it's the present zoning or the change of zoning, you have to get a variance from the Board of Zoning Appeals. The question is what is the minimum relief necessary? I think the law is real clear that in this case you have a taking. You have to grant some relief and the problem that you have is that if we go to the Board of Zoning Appeals for a duplex, it's going to make the situation even worse. How do you create enough parking on this site? It's basically zoned in a way that there is no reasonable use of the property as it is zoned. It's a taking as it is. That is why the zoning change is to allow R-5S, which will at least permit it to be developed. When you start to give variances but at least there is an ability to do so instead of taking. You can't deny a reasonable use of the property. Dorothy Wood: Thank you. Mr. Knight and then Mr. Crabtree. Barry Knight: I'll defer to Mr. Crabtree. Eugene Crabtree: Let's go back to the picture that shows the existing building beside it. The one that shows a vehicle parked beside it. That one. As narrow as this lot is and the way that vehicle is, you say there is only 17 feet between the two buildings if you build it. That vehicle is- probably a good 8-9 wide. That puts it real close to the proposed building does it not? The way that vehicle is parked in that driveway exists there? Eddie Bourdon: I do not know Mr. Crabtree the distance between the vehicle and the building as it is parked here. I would agree with you that the width of that particular vehicle is probably about 8 feet wide. So if you assume that the vehicle is three feet off the building or four feet off the building then you're talking about 11- 12 feet off the building. There is another foot or two before you get to the lot that is what we will be seeking with the Board of Zoning Appeals, the house would then be another three feet from there. The house would probably be, and I'll guess and that picture and its shadowy. It's hard to tell but I would say five feet from that vehicle. Eugene Crabtree: Another question. If the existing homeowner of the house that exists there were to decide to put a fence along his property line and the proposed building goes up, how are you even going to get a wheel barrel down beside that house into the backyard? You can't get any trashcans, you can't even get wheel barrel through there, if a fence were to be put up. Eddie Bourdon: I'm trying to think to about my trashcans. Eugene Crabtree: They are about four feet wide. The city trashcan is about four feet wide. Item #12 CSM, L.L.C. Page 4 Eddie Bourdon: The extent to which a variance is granted in terms of minimal relief necessary from the Board of Zoning Appeals whether they're grant a three feet or a four feet at all remains to be determined. It may not be three feet wide. This body is not approving the setback. Eugene Crabtree: I realize that. Eddie Bourdon: There are in the city a number of situations where we've got homes that are separated from each other by 6-8 feet. That's again, not optimal. What we certainly would hope to have happen is that the property owners adjoin each other would cooperate in making sure there is adequate access between the buildings or between the units. The Board of Zoning Appeals would the determination as to whether the appropriate setback is five on that side or four feet. Whatever. What this is doing is telling you that what we're proposing to do is to change the zoning so it's a single-family residential zoning as opposed to a multi -family or duplex zoning. Eugene Crabtree: I rather see one there instead of two because even with the vehicular traffic it makes it better. Eddie Bourdon: I don't disagree with you. There is no debating. I wouldn't begin to debate you that it is awful there because it is. There are no two ways about it. Dorothy Wood: Are there other comments? Ms. Anderson and then Ms. Katsias. Janice Anderson: If anybody has any other questions, I just have comments. Kathy Katsias: I would assume they would be moving the fire hydrant. Eddie Bourdon: They're going to have to move that. Dorothy Wood: Thank you Mr. Bourdon. We appreciate it. Janice Anderson: Okay. I think Mr. Bourdon gives a good presentation but I just can't support this application. I don't believe that by denying it I'm taking anybody's property. This gentleman purchased this property or acquired the property with the current zoning on it. So, I'm not doing anything. I don't believe in taking the purchased with this present zoning on it so with the qualifications he can do with the property or not do with the property. That's not really our position. I think just being realistic and full of common sense trying to squeeze in a single- family home down that, what it looked like it was an alleyway when we pulled up on it. I thought it was like a street. It's not even the width of a street. As I don't think it is appropriate and I don't think it is going to add anything to the surrounding area or the neighborhood around. I think that is what we need to look at. If its compatible to the zoning, it would be compatible to the neighborhood and surrounding neighborhood in keep up the values. I don't believe putting this Item #12 CSM, L.L.C. Page 5 structure there is going to do it. They have to go through more hoops to have the theory well, it is better to have one then two. I don't think that is always a smart philosophy to follow. Some things are bad, and you're going to go with it because there is something that could be worse? I'm just not supportive of the zoning change. I believe there are other things they could proceed with on the property that they own but that is not our place. I'm not in support of the changing of the zoning. It's just a little spot zoning if we really want to get into it. I'm just doing this little area to a R-5 to accommodate this situation. So, I would be in favor of denial of the change. Dorothy Wood: Is that in the form of a motion ma'am? Janice Anderson: Yes. Dorothy Wood: Thank you. Do I hear a second to Ms. Anderson's motion? John Waller: I'll second it. Dorothy Wood: Thank you. We're open to other discussion. Mr. Din then Mr. Miller and then Mr. Ripley. William Din: I also am not in favor of making any kind of change on this piece of property. To me, it doesn't make any sense to build anything on this lot. If I had my choice of approving a zone change or not approving a zone change, I would go with not approving the zone change. Because approving the zone change in this situation would sort of giving it an approval in my opinion that we would allow a single unit being built on this site. I'm basically agreeing with Ms. Anderson in this situation from a land use perspective. It doesn't make any sense to build whether it's a duplex or a single-family in this situation. So, I would prefer to deny the zoning change here as my disapproval of building anything on this site. Dorothy Wood: Thank you sir. William Din: Thank you. Dorothy Wood: Either Mr. Miller or Mr. Ripley first, whichever. Robert Miller: I'm going to speak in the opposite direction. I think the owner has a right to go to BZA with the existing zoning and ask for a variance. It would be a similar hardship. The only difference would be that it would be for a two unit building versus a one unit building. As far as other zoning adjacent in looking at R- 5S right behind it and I think that is compatible to the extent it can be. Unfortunately, lots like this whether you like it or not exist not only in this area but other parts of the city. We have had to deal with them before, and BZA has dealt with side yard with three feet before. I know for a fact they have. They dealt with units, if I remember were maybe as narrow as fourteen feet. I don't think that is Item #12 CSM, L.L.C. Page 6 something that is the best solution every time. It would be great if this was combined with another piece of land but the fact is that this person can go to BZA right now, with the existing zoning with two units on there, which seems absolutely the wrong direction. I don't think we grant approval and require BZA to approve anything whether it would be the existing zoning going to them or the change of zoning. So, I'm going to be in favor of changing the zoning. Dorothy Wood: I think Mr. Miller if it went to BZA with the present zoning, the BZA would have to give them a much larger variance. Is that correct? Robert Miller: They would have to get a variance period. I think a variance is a variance. I don't know how BZA looks at it but I would assume with my experience with them they would look at it as a variance. Dorothy Wood: Thank you. Mr. Ripley. Ronald Ripley: Could you put the photograph up again please? When we went out there, I first was thinking, as Jan made a motion, I was thinking as I was looking at it that it could cause a real hardship to the property on the right of that photograph. But I didn't realize that the distance was not three feet it was 17 feet between the property lines, and that makes a difference in my thinking because I think I don't like the idea of seeing such a small residence in there. On the other hand, I think it's not going to be incompatible with the area. It is going to be and I don't think you can deny a reasonable use of the property. I think, as Mr. Miller points out, it's an excellent point. There is nothing stopping any applicant or any owner of the property to ask for a variance no matter what your zoning is, and there are variances that are granted in many, many cases. So, having a single family home in here. At first, I looked at this and had mixed feelings on this but after thinking about it and looking at it from another point of view, I think it makes sense to approve this, so I will be voting against denial. Dorothy Wood: Is there anyone else? Mr. Knight please? Barry Knight: I see what Mr. Miller says on the R-5 being behind the 25 width lot behind it but it is going to be backing off on to a little secondary street where it possibly could pull in and back out. That's an absolute different case on Rosemont Road. It is going to have a real hardship pulling back out, like Mr. Waller said, turning a suburban around in there or a van or some other vehicle, that's not going to be cars either. I'm going to have to go along with the denial. I'm going to vote for denial because like Mr. Din says, I think it does send a little bit of a message to BZA if we approve this. I'm not willing to stamp my name on this and see all the residents to know that I had some form of approval process in this. I don't think that it is right for this piece of property so obviously I'll be supporting the denial. Dorothy Wood: Ms. Katsias. Item #12 CSM, L.L.C. Page 7 Kathy Katsias: I concur with my fellow commissioners. I just cannot approve this zoning whether it is single-family or duplex. I think it is too narrow a lot and my concern is Rosemont Road, and turning a suburban around and backing out. So, I'm in favor of the denial. Dorothy Wood: Is there anyone else? I'm sorry Mr. Waller. John Waller: I got a question and maybe Bob you can answer this. For a duplex lot, to get it through site plan, don't you have to have four automobiles for parking? Robert Miller: I don't think it is four. Faith Christie: Two per unit. John Waller: Two? Robert Miller: It's four like you said. John Waller: Yeah. Four cars. I don't believe you can get four cars on that site if there wasn't anything there, not suburbans anyway. Dorothy Wood: Rather than talk about suburbans, I guess we talk about pick up trucks. Have I missed anyone who has anything to say? We're voting to deny? AYE 8 NAY 3 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY NAY KATSIAS AYE KNIGHT AYE MILLER NAY RIPLEY NAY STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 8-3, the application of CSM, L.L.C. has been denied. Dorothy Wood: Thank you. Thank you Mr. Bourdon. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sandler at Ashville Park, L.L.C. — Change of Zoning District Classification MEETING DATE: May 10, 2005 ■ Background: An Ordinance upon Application of Sandler at Ashville Park, L.L.C. for a Change of Zoning District Classification from Conditional R-30 Residential District and P- 1 Preservation District with a PD-H2 Overlay to Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Overlay on property located on the east side of Princess Anne Road, abutting the north and south sides of Flanagans Lane to its intersection with Sandbridge Road (GPINs 24130719600000;24130662590000;24131678130000;24133638620000; 24134643370000;24134795080000;24135552520000;24137544010000). The Comprehensive Plan designates this site as being part of Princess Anne (Transition Area). The purpose of the zoning change is to modify a previously approved development plan. DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant proposes to rezone the existing Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Planned Unit Development District to Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Planned Unit Development District in order to make several adjustments to the previously approved land use plan for the proposed development (approved by City Council in February, 2004). The basic concept of the proposed development will not change. There will still be meandering trails, equestrian trails, pocket and linear parks, and recreational amenities in the form of clubhouses, pools, tennis courts, playing fields, and tot lots. High quality dwellings as well as extensive landscaping and berming are still proposed. An interesting difference between the previous and current proposals is that the land area of the site has been reduced by 21.23 acres, from 474.03 acres to 452.8 acres. The discrepancy in land area was discovered when an actual physical survey of the site was performed. The previous plan relied on available information rather than a new field survey. The previously approved plan consisted of 490 dwelling units: 330 single-family dwellings and 160 active -adult dwellings, to be dispersed throughout six villages. Lot sizes varied from 20,000 square feet in Villages A and C, 12,000 square feet in Villages D and F, and 7,500 square feet in the Active -Adult villages, B and E. The resulting overall density was 1.03 units per acre. Sandler at Ashville Park, L.L.C. Page 2 of 3 The applicant proposes combining the previous Villages B and E, the Active - Adult villages, into a single village, B, in the front portion of the property near Princess Anne Road. The applicant also proposes the addition of nine (9) additional lots in Village B for a total of 169 lots, and a reduction of proposed lot area from 7,500 square feet to of 7,200 square feet. The Active -Adult recreational activity center, currently proposed at the entrance to the project, will be shifted to the center of Village B. This change will be beneficial to the community, as it will create an opportunity for the site amenities to be located closer to and in walking distance of the residences. This change will leave the wooded area previously designated as Village E preserved as open space. Other minor changes include the following: • Village C will increase by four (4) lots, from 94 lots to 98 lots. • Village D will decrease by four (4) lots, from 45 lots to 41 lots. • Village D will also shift slightly south, and will no longer have a portion of the main development road traversing the village. • The main development roadway is altered to gently meander from Princess Anne Road through the development to Flanagans Lane. Three (3) traffic -calming circles are proposed in the right-of-way. • The connectivity plan now depicts the inter -village connectivity, and the community pedestrian and equestrian connectivity. Several pedestrian trails were shifted to align with the right-of-way lines and proposed berms were shifted closer to the external property lines, adjacent to bordering properties in order to provide better buffer areas. • The overall open space is reduced from 54% to 52% due to the change in the land area and the addition of nine (9) lots in the Active -Adult Community. The overall density slightly increases from 1.03 units to the acre to 1.1 units to the acre. Staff concludes that consistent with the recommendations contained within the TATAC report regarding active adult communities and noting the many unique design features of this development as recommended in the Transition Area Design Guidelines the 0.13 increase in overall density is appropriate. Staff considers the modifications to the original plan to be minimal, representing the type of adjustments that large developments of this nature go through as plans become reality. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with abstention to approve this request as proffered. ■ Attachments: Staff Review Sandler at Ashville Park, L.L.C. Page 3 of 3 Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: `C • � SANDLER AT ASHVILLE PARK, L.L.C. Agenda Item # 7 April 13, 2005 Public Hearing Staff Planner: Faith Christie REQUEST: a / �i� ,�� IUIIIIIIIIIIIIiuumu I� Ir I � I I IIIIIIII �I .- � ;'illilllllll�l�ll"I jlllll IIUyIIIU ( � . � c�G� IIIVJilII„Il,ull I�Illllllllllillll�.l� II �� • � � IIIIIIIIII �� Change of Zoning District Classification from Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Planned Unit Development District to Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Planned Unit Development District. ADDRESS / DESCRIPTION: Property located on the east side of Princess Anne Road, abutting the north and south sides of Flannagan's Lane to its intersection with Sandbridge Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 2414464337; 2413071960; 7 — PRINCESS ANNE 452.8 acres 2413555252; 2413167813; 2413363862; 2413754401; 2413479508;2413066259 The applicant proposes to rezone the existing Conditional R- SUMMARY OF REQUEST 30 Residential District and P-1 Preservation District with a PD- H2 Planned Unit Development District to Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Planned Unit Development District in order to make several adjustments to the previously approved land use plan for the proposed development (approved City Council in February, 2004). The basic concept of the proposed development will not change. There will still be meandering trails, equestrian trails, pocket and linear parks, and recreational amenities in the form of clubhouses, pools, tennis courts, playing fields, and tot lots. High quality dwellings as well as extensive landscaping and berming are still proposed. An interesting difference between the previous and current proposals is that the land area of the site has been reduced by 21.23 acres, from 474.03 acres to 452.8 acres. The discrepancy in land area was discovered when an actual physical survey of the site was performed. The previous plan relied on available information rather than a new field survey. The previous approved plan consisted of 490 dwelling units: 330 single-family dwellings and 160 active - adult dwellings, to be dispersed throughout six villages. Lot sizes varied from 20,000 square feet in Villages A and C, 12,000 square feet in Villaqes D and F, and 7.500 souare feet in the Active-Adalt SANDLE villages, B and E. The resulting overall density was 1.03 units per acre. Each of the villages incorporated, and continues to incorporate, some degree of internal open space. A recurring feature in all of the villages was and remains the "pocket park". These are open space areas typically shown along curves or corners of the interior streets. A second "pocket park street' defines the border of the open space and provides access to the dwellings across from the pocket parks. These pocket park streets are narrow lanes (22-feet wide) that loop to the interior street and serve only a few houses each. Another unique feature of the subdivision design that remains is the "linear park". These areas line segments of the internal streets and are intended to create the appearance of more open space. Setting the sidewalk back a considerable distance from the street creates the linear parks. As a result, the dwellings are set very close to the sidewalks (the specific distance has not been specified in the plans). The green space between the street and the sidewalk is the linear park. The width of the linear parks varies. The linear parks are actually privately owned but will be subject to an easement allowing public access through the area. The Homeowners Association will maintain them. Two recreational activity centers are proposed. One is intended for residents of the Active- Adult villages and includes a clubhouse and pool. The second is for the other residents and includes a clubhouse, pool, tennis courts, playing fields, and tot lots. Both of these activity areas are located within the open space between the villages. The applicant proposes combining the previous Villages B and E, the Active -Adult villages, into a single village, B, in the front portion of the property near Princess Anne Road. The applicant also proposes the addition of nine (9) additional lots in Village B for a total of 169 lots, and a reduction of proposed lot area from 7,500 square feet to of 7,200 square feet. The Active -Adult recreational activity center, currently proposed at the entrance to the project, will be shifted to the center of Village B. This change will be beneficial to the community, as it will create an opportunity for the site amenities to be located closer to and in walking distance of the residences. This change will leave the wooded area previously designated as Village E preserved as open space. Other minor changes include the following: • Village C will increase by four (4) lots, from 94 lots to 98 lots. • Village D will decrease by four (4) lots, from 45 lots to 41 lots. • Village D will also shift slightly south, and will no longer have a portion of the main development road traversing the village. • The main development roadway is altered to gently meander from Princess Anne Road through the development to Flanagans Lane. Three (3) traffic -calming circles are proposed in the right- of-way. • The connectivity plan now depicts the inter -village connectivity, and the community pedestrian and equestrian connectivity. Several pedestrian trails were shifted to align with the right-of-way lines and proposed berms were shifted closer to the external property lines, adjacent to bordering properties in order to provide better buffer areas. • The overall open space is reduced from 54% to 52% due to the change in the land area and the addition of nine (9) lots in the Active -Adult Community. The overall density slightly increases from 1.03 units to the acre to 1.1 units to the acre. LAND USE AND ZONING INFORMATION The site is zoned Conditional R-30 Residential District and P-1 Preservation District with a PD-H2 Planned Unit Development District, and is approved for a total of 490 units: 330 single-family dwellings and 160 Active - Adult dwellings. SURROUNDING LAND North: . Active infrastructure construction for a single-family residential USE AND ZONING: community (Heritage Park) and large -lot single-family dwellings / AG-1 and AG-2 Agricultural and Conditional R-20 Residential and Conditional P-1 Preservation South: . Untied States Coast Guard facility and an abandoned airfield / AG-1 and AG-2 Agricultural East: . Single-family dwellings, wooded areas and cultivated fields / AG-1 and AG-2 Agricultural West: . Princess Anne Road • Across Princess Anne Road are cultivated fields and single- family dwellings / AG-1 and AG-2 Agricultural NATURAL RESOURCE AND Portions of the site are open fields, and other areas are wooded. The CULTURAL FEATURES: site drains either to the north toward Scopus Marsh or eastward to Ashville Bridge Creek and Back Bay. There are areas of non -tidal wetlands as defined by the U.S. Corps of Engineers (but not by the City) that will be preserved. On the eastern side of the site, approximately 4 acres, a portion of the proposed Village "E" is considered "floodplain subject to special restrictions" as regulated under the Site Plan Ordinance. The applicant proffers that the Federal Emergency Management Agency (FEMA) must approve a Letter of Map Amendment ("LOMA") before any development may proceed within any area currently restricted by the Site Plan Ordinance. Should the LOMA be obtained, this issue will be moot. If the LOMA is not obtained, the applicant will be unable to develop the restricted area without obtaining a Floodplain Variance from City Council. From a cultural perspective, it appears that the City's most infamous character, the "Witch of Pungo" Grace Sherwood, owned a portion of the site during her lifetime. According to City records, John White, Grace's father, received a land patent of 195 acres at Ashville Creek at the east end of Muddy Creek in 1674. At his death, the property conveyed to James and Grace Sherwood. AICUZ: The site is in an AICUZ of less than 65 dB Ldn and a 65-70dB Ldn surrounding NAS Oceana. The United States Navy has no comment regarding the proposed development. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess designates this road as a proposed 100-foot divided right-of-way. The proposed MTP designates the road as 110-foot right-of-way. The applicant has addressed proposed right-of-way dedications in the proffer agreement. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 8,186 ADT 12,000 ADT Existing Land Use — Road 4.740 ADT Proposed Land Use 3- 3,785 ADT Average Daily Trips s as defined by an agricultural use 3 as defined by330 Single-family dwellings and 169 Active Adult dwellings WATER: There are no City water mains in this area. Water may be extended for connection purposes provided hydraulic analysis supports the potential demand. SEWER: There is no City sanitary sewer in the immediate area. Plans and bonds are required for construction of a new pump station and sanitary sewer system. SCHOOLS: The minimal increase of nine (9) dwelling units within the Active -Adult community will not affect school attendance in the area. The School Board has integrated into their current planning efforts the impact of the previously approved plan. The Comprehensive Plan Map depicts this area of the city as COMPREHENSIVE PLAN the Transition Area, planned for appropriate growth opportunities consistent with the economic vitality policies of the City of Virginia Beach. This area serves as a land use buffer between the urban northern portion of the city and the rural southern portion of the city. Land uses and densities within this area should not be a continuation of either form but a transition from one to the other. Staff evaluated the proposed development using the latest Comprehensive Plan Policies for the Transition Area, including the Transition Area Matrix and the Design Guidelines. Staff concludes that the development satisfies the recommendations of the plan in regard to design and that the dwelling unit density proposed falls within the guidelines regarding maximum allowable density in the Transition Area (a copy of the matrix is included at the end of this report). Staff recommends approval of this EVALUATION AND RECOMMENDATION request with the proffers submitted by the applicant with the rezoning. The proffers are provided below. The Transition Area "Matrix" was used to evaluate the proposal's consistency with land use and design goals for the Transition Area. The result was a score of 0.97 dwelling units per acre. Although this score translates to a total of 439 units for this 452.8-acre site, and the applicant's proposal consists of 499 units, an important consideration is the fact that 169 of the 499 units are age -restricted. The Transition Area Technical Advisory Committee (TATAC) report, adopted as part of the Comprehensive Plan, states, SANDLE "Active adult communities are to be encouraged and should be treated differently." It is generally acknowledged that active adult communities have less impact on City services, particularly more costly services such as schools and transportation. Thus, in the Transition Area, where impact on City services and infrastructure is to be minimized, there is rationale for allowing a slightly greater density of such units than for a standard non -age -restricted single-family dwelling that places a greater demand on City services. The TATAC report recognizes this and encourages the provision of such units. The report, however, does not provide quantifiable criteria regarding how such communities are to be treated, instead allowing such communities to be addressed on an individual basis dependent on how the community meets the overall intent of the Comprehensive Plan for this area. Staff concludes that consistent with the recommendations contained within the TATAC report regarding active adult communities and noting the many unique design features of this development as recommended in the Transition Area Design Guidelines the 0.13 increase in overall density is appropriate. Staff considers the modifications to the original plan to be minimal, representing the type of adjustments that large developments of this nature go through as plans become reality. Approval of the request as proffered is recommended. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property shall be developed substantially as shown on the "Master Plan of Ashville Park Virginia Beach, VA" dated 2/08/05 and designed by Stephen Fuller Places, LLC in conjunction with MSA, P.C., a copy of which has been exhibited to City Council and is on file with the Virginia Beach Planning Department (hereinafter, the "Master Plan"). PROFFER 2: The principal entranceway to the Property shall be from Princess Anne Road which shall be substantially similar in design and quality to the exhibit entitled "Community Entrance Princess Anne Road" a copy of which is contained within Section V of the development manual entitled "Ashville Park" prepared by Stephen Fuller Places, LLC, a copy of which has been exhibited to the City Council in conjunction with this Zoning Ordinance amendment and is on file with the Virginia Beach Planning Department (hereinafter the "Manual'). PROFFER 3: A second entranceway to the Property shall be at Flanagans Lane near the intersection of Flanagans Lane and Sandbridge Road and shall be substantially similar in design and quality to the exhibit entitled "Community Entrance Flanagans Lane" prepared by Stephen Fuller Places, LLC, a copy of which is contained within Section V of the Manual. PROFFER 4: Prior to the issuance of the first residential building permit within Village C and upon completion of at least two lanes of the public right-of-way running through Ashville Park from Princess Anne Road to the second entranceway of the Property at Flanagans Lane as referenced in proffer number 3, Grantor sh4tt"c61.fie-sac SANDLER AT ASHV[,,LLE Agenda Iterio 7 Pale 5 Flanagans Lane within the confines of Ashville Park at two locations where depicted on the Master Plan. In addition to this improvement Grantor shall maintain a 100' buffer area along the portion of the northern most property line of Ashville Park, located directly to the north of Village D, substantially in the location identified as "100' Buffer" on the exhibit entitled "Village D" in Section IV of the Master Plan. Within this 100' buffer area, Grantor shall install an undulating berm and solid 6' high fence, substantially as shown on the Exhibit entitled Conceptual Site Layout Plan of Ashville Park, Bern Plan, Virginian Beach, VA, dated 2/08/05, prepared by MSA, P.C., which plan shall have been exhibited to City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Berm Plan"). The berm and fence shall be installed within the 100' Buffer prior to the completion of the development of Villages A and B as identified on the Master Plan. Any multi -purpose equestrian trails or pedestrian paths located adjacent to the berms shown on the Berm Plan, shall be located on the side of the berm facing Ashville Park. STREET SCAPE PROFFER 5: The Grantor shall dedicate to the City of Virginia Beach sufficient land along the portions of the Property adjacent to Princess Anne Road of 55' in width as measured from the centerline of the right-of-way, to accommodate an ultimate 110' right-of-way. In addition to said dedication, Grantor agrees to dedicate to the City an additional 150' wide buffer as measured from the ultimate right-of-way dedication. The dedicated buffer shall be for public purposes including open space, buffers, landscaping, utilities, roadways and trail purposes. Said buffer shall not restrict the development of the "Community Entrance Prospective" within Section V within the Manual. The dedications referenced in this proffer #5, shall be made concurrently with the recordation of the final subdivision plat for the first phase of development of the Property. PROFFER 6: The Grantor agrees that during the detailed site plan review to conduct a Traffic Impact Study of the impacts of Ashville Park. The Grantor agrees to substantially complete or bond the required improvements on Princess Anne Road at the entrance to Ashville Park that are called for in the Traffic Impact Study. Said improvements shall be substantially completed or bonded prior to the issuance of the first permanent occupancy permit for residents within Ashville Park. PROFFER 7: The internal streets within Ashville Park shall be designed and constructed in accordance with the exhibit entitled "Typical Street Sections Plan of Ashville Park Princess Anne Road, Virginia Beach, Virginia", prepared by MSA, P.C., and dated February 8, 2005, which exhibit has been displayed to the City Council of the City of Virginia Beach and is on file in the Virginia Beach Planning Department (hereinafter "Street Section Plan"). PROFFER 8: All street lighting installed on the Property shall be a decorative style fixture and the height and separation of streetlights shall be determined during the detailed site plan review. PROFFER 9: The trees planted within and adjacent to the public right-of-ways on the Property shall be double the total tree canopy requirements for public right-of-ways as set forth in the Department of Public Works Landscape Manual of the City of Virginia Beach. PROFFER 10: Subject to confirmation by the City of the necessary 50' wide right-of-way widths and receipt by the City of all environmental permits from the Army Corp of Engineers and Department of Environmental Quality, Grantor shall substantially improve or bond the costs of right-of-way improvements to Flanagans Lane beginning from the eastern -most entranceway to the Property from Flanagans Lane, continuing in an easterly direction to the intersection of Flanagans Lane and Sandbridge Road. Said improvements shall be substariti4y,.::, . SANDLER AT ASHVILLE Agenda Item # 7 Pale 0 completed or bonded prior to the issuance of final occupancy permit for the first residence in Village D or E as depicted on the Master Plan. Said improvements shall be the widening of the existing lane with and the piping of the adjacent ditches, together with the portion of the future right-of-way traffic simulation generated by Ashville Park as determined during the detailed site plan review and the Traffic Impact Study performed by Grantor. These improvements shall be consistent with CIP Project No. 2.021.000 for rural road improvements in the City of Virginia Beach's Capital Improvement Program. THE VILLAGES OF ASHVILLE PARK PROFFER 11: The Grantor shall record a Master Deed of Covenants, Conditions and Restrictions ("Restrictions") governing the Property. All landowners within the PD-H2 District shall be members of a Home Owners Association responsible for maintaining collectively all common areas on the Property. The Restrictions shall be enforced by one or more Home Owners Association, which Restrictions, shall among other things, restrict the use of the open space areas for any purpose, but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. These covenants shall become part of the deed of each lot or parcel within the development. Such covenants shall be approved by the City Attorney and recorded before the first building permit in the project is issued. The Restrictions shall among other things require that every residential unit within Village B as shown on the Master Plan will be occupied, on a full-time basis, by at least one (1) adult resident of fifty-five (55) years of age or older. The Restrictions shall also prohibit persons under eighteen (18) years of age from residing in any residential unit within Village B for more than one hundred twenty (120) days in any calendar year. PROFFER 12: The total number of units developed in Village B shall not exceed 169. All such units within Village B shall be single-family detached dwellings. The minimum lot size, internal open space area, buffers and acreages for each Village shall be as set forth in the Master Plan. PROFFER 13: Villages A, C, D and E shall be developed substantially as depicted on the Master Plan. The total number of units developed in Village A shall not exceed 135 units. The total number of units developed in Village C shall not exceed 98 units. The total number of units developed in Village D shall not exceed 41. The total number of units developed in Village E shall not exceed 56. All units shall be single-family detached dwellings within these Villages. The minimum lot size, internal open space area, buffers and acreages for each Village shall be as set forth in the Master Plan. PROFFER 14: The linear parks depicted within Villages A, C, D and E shall be maintained by the Home Owners Association and no structure shall be allowed within the linear parks other than uniform fencing, or other uniform decorative features, and mailboxes. The Pocket Parks depicted on the Master Plan shall be developed and constructed substantially as depicted on the Master Plan. The Pocket Parks shall be owned and maintained by the Home Owners Association. All sidewalks and trails located outside of the public rights -of -way shall be maintained by the Home Owners Association. PROFFER 15: A Letter of Map Amendment ("LOMA") must be approved by FEMA before any development may proceed within any Special Flood Hazard Area. PROFFER 16: The residential lot tree canopy for each residential lot on the Property shall be double the total canopy cover specified in the City of Virginia Beach's "Residential Tree Request Table" in effect as of September 1, 2003. SANDLE PROFFER 17: A minimum 50' buffer shall be established on the perimeters of the Property as shown on the Master Plan. No structures shall be allowed within the buffer area and the buffer area shall be maintained by the Home Owners Association. No community wide or other activity other than maintenance shall occur within the Buffer area. RECREATIONAL AND OPEN SPACE AREAS PROFFER 18: Two Recreational Activity Areas shall be designed, constructed and built on the Property substantially where indicated on the Master Plan. Both facilities shall provide indoor amenities, meeting rooms and active outdoor recreational amenities. No outside recreational fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any such lighted tennis courts must be setback a minimum of 150' from a residential property line. Outdoor lighting installed for the swimming pools or outdoors tennis courts shall be directed downward toward the swimming pool or tennis courts play area. PROFFER 19: The recreational facilities shall be substantially similar in quality, design and character to the exhibits entitled "Community Amenities" as contained in Section VI in the Manual. It is recognized that with a development of this size, detailed building plans may change as the development of Ashville Park progresses. The intent of the renderings is to demonstrate the architectural style and building quality of these facilities. Final elevations for these structures shall be submitted to the Planning Director to assure compliance with this proffer. PROFFER 20: In addition to the buffer areas, linear parks, pocket parks and Village Greens within Villages A, B, C, D, and E, Grantor shall set aside as open space the areas shown on the Master Plan. Said areas shall be for the benefit of the owners of property within Ashville Park. These areas shall be set aside for passive enjoyment and recreation for uses such as Lakes, Meadows, Forested Areas and Landscaped Vistas. These areas shall be maintained by the Home Owners Association. PROFFER 21: No portion of the Property that has been designated as a jurisdictional wetland by the U.S. Army Corps of Engineers shall be disturbed. PROFFER 22: The combined areas set aside for recreation and open space on the Property should not be below fifty-two percent (52%) of the current gross acreage of the Property. The different types and acreages of open spaces provided within Ashville Park shall be substantially as specified on the Master Plan. PROFFER 23: Grantor shall donate $1,000.00 for each residential lot developed on the Property to the City of Virginia Beach Department of Parks and Recreation into the Open Space Site Acquisition program more specifically referred to as CIP Project No. 4.004.000. Grantor's per lot donation should be paid to the City at the time of the issuance of each building permit for each residential lot within Ashville Park. If all or a portion of said donated funds have not been used by the City of Virginia Beach within twenty (20) years for the purpose for which they were dedicated, then they may be used by the City of Virginia Beach for other municipal purposes, as the City shall in its sole discretion deem appropriate. OPEN SPACE: PEDESTRAIN AND BIKE TRAILS PROFFER 24: Grantor shall construct a series of sidewalks and trails that are designed to provide pedest SANDLE within each Village, and pedestrian and bike connections between each Village and to adjacent properties substantially as shown on the Exhibit entitled "Connectivity Plan" prepared by Stephen Fuller Places, LLC, which plan is part of the Manual (hereinafter "Connectivity Plan"). The path system within the Village Greens, the Pocket Parks and other open space areas shall be finished in hard surfaces such as asphalt or compacted clay. Such trails shall be designed substantially in accordance with the quality levels and design features as depicted on the exhibit entitled "Open Space" prepared by Stephen Fuller Places, LLC, which exhibit is part of the Manual. While not all portions of the trail system within Ashville Park will be open to the public, Grantor shall provide a continuous trail system from Princess Anne Road to Flanagans Lane that will be open to the public either through easements over some of the trails on the Home Owners Association property, or the provision of sidewalks and trails within the public right-of-way section between Princess Anne Road and Flanagans Lane. PROFFER 25: Grantor shall construct a Multi -Purpose / Equestrian Trail substantially where indicated on the Connectivity Plan. The Multi -Purpose / Equestrian Trail shall be approximately 8' in width, constructed of compacted earthen material, compacted clays or similar compacted material as depicted on the "Trail Section" shown on the Connectivity Plan. The Multi -Purpose / Equestrian Trial shall be open to the public. THE RESIDENCES AT ASHVILLE PARK PROFFER 26: Grantor shall include within the Restrictions governing the Property, a requirement that the design and building materials for all fences, homes and accessory structures must be reviewed and approved by an Architectural Review Committee of the HOA to insure design and quality compatibility. Said restrictions shall run with the land as allowed under the laws of the Commonwealth of Virginia. PROFFER 27: All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roofs, porches, windows, doors, trim and soffits, consisting entirely of all or any combination of brick, stone, hardy plank, stucco, cedar shake or similar quality materials. PROFFER 28: All residential dwellings constructed on the Property shall be constructed with a minimum of a two (2)-car garage. PROFFER 29: All residential dwellings constructed within Villages A, C, D and E shall contain no less than 2,400 square feet of enclosed living area, excluding garage area, for any one-story dwelling and no less than 2,600 square feet of enclosed living area, excluding garage area, for any two-story dwelling. PROFFER 30: All residential dwellings constructed within Villages B shall contain no less than 1,800 square feet of enclosed living area, excluding garage area, for any one-story dwelling and shall contain no less than 2,400 square feet of enclosed living area, excluding garage area, for any two-story dwelling. PROFFER 31: Grantor shall utilize low impact development techniques where possible on the Property to encourage storm water treatment and ground water recharge and discourage storm water runoff and erosion. PROFFER 32: All residential dwellings constructed on the Property shall be constructed in accordance with the construction criteria applicable to homes located within the 70-to 75 dB Ldn/STC ratings of not less than 44 for roof/ceiling/exterior walls and 33 for windows/doors, even though no portion of the Property is focatetl within SANDLER AT ASHVILE Agenda Item-4 7 Page 9 this noise zone. DEVELOPMENT REQUIREMENTS PROFFER 33: The dimensional requirements applicable to development of all portions of the Property except Villages B shall be as follows: Minimum Lot Area in Square Feet: 12,000 (Villages D and E) 20,000 (Villages A and C) Minimum Lot Width in Feet: 100 Minimum Front Yard Setback in Feet: 50' for 20,000 square foot lots and 30' for lots less than 20,000 square feet; Minimum Side Yard Setback in Feet: 10 Minimum Side Yard Setback Adjacent to a Street in Feet: 30 Minimum Rear Yard Setback in Feet: 20 Accessory structures of no more than 150 square feet: 5' rear and side yard setbacks Maximum Lot Coverage: 30% for lots 20,000 square feet and greater and 35% for lots less than 20,000 square feet Minimum Setback from Sidewalk for lots containing linear parks: 15' from edge of sidewalk Maximum Height 42 feet in Villages A and C and 38 feet in Villages D and E PROFFER 34: The dimensional requirements applicable to development within Villages B on the Property shall be as follows: Minimum Lot Area in Square Feet: 7,200Minimum Lot Width in Feet: 60 Minimum Front Yard Setback in Feet: 20 Minimum Side Yard Setback in Feet: 5 & 10 Minimum Side Yard Setback Adjacent to a Street: 20 Minimum Rear Yard in Feet: 20 Accessory structures no more than 150 square feet: 5' rear and side yard setbacks Maximum Lot Coverage: 40% Maximum Height in Feet: 35 (not to exceed two stories) PROFFER 35: For lots encumbered by a linear park and / or pocket park, the Minimum Lot Width may be measured along either the property line abutting the public right-of-way, or the boundary of the portion of the linear park and / or pocket park located toward the interior of the lot. PROFFER 36: Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffer agreement is acceptable as it insures the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated March 1, 2005, and found it to be legally sufficient and in acceptable legal form. SANDLE NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. SANDLE H m X W a _Z Z O N W 0 W O a O a SANDLE SANDLE s lowS _ m, S b S MIL Ir MEL SAN < w z a U. tWr. ru i to o ]' ut: ua d � E � Bw. u # x s N SANDLE z Q J IL 2 m w m w a a v m a z a J w 0 a 0 m IL a a z O U W H W H 0 a O m a la Iii f �S^b, n;_ 4 SANDLER AT ASHVILLE kgenda -Item: # 7 Page` 21 2. 3. 4. 2/24/04 Street Closure, Subdivision Variance and Approved Rezoning (AG-1 and AG-2 Agricultural to Conditional PD-H2 Planned Unit Development (R-20 and P-1) 12/10/91 Conditional Use Permit (Borrow Pit) Approved 8/27/86 Rezoning (R-3 Residential to AG-1 and Approved AG-2 Agricultural) 2/12/73 Conditional Use Permit (Rifle and Pistol Approved Range) 8/12/03 Rezoning (AG-1 and AG-2 Agricultural to Approved Conditional R-20 Residential and Conditional P-1 Preservation) and a Conditional Use Permit (Open Space Promotion) 12/11/89 Conditional Use Permit (Rental) Approved 11/12/96 Rezoning (B-2 Business to R-15 Approved O F- 2 0 _Z Z O N 5. 6. 7. Residential) 9/25/90 Conditional Use Permit (Athletic Club and Approved Outdoor Recreation) 10/10/88 Conditional Use Permit (Outdoor Approved Recreation) 6/13/95 Street Closure Approved 8/10/93 Conditional Use Permit (firewood Approved Preparation Facility) 4/27/99 Conditional Use Permit (Fraternal Approved Organization Lodge) SANDLE DISCLOSURE STATEMENT F I 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) Sandler At Ashville Park, L.L.C, Steven B. Sandler, Member Arthur B. Sandler, Member Nathan D. Benson, Manager 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship With the applicant: (Attach list if necessary) N/A Check here if the applicant is NOT a corporation.' partnership, firm, business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following-, 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity/ relationship with the applicant (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for fbolnotes Conditional Rezoning Application Page I I of 12 Revised 9/l/2tMi4 I-W SANDLER AT ASHVILLE Acienda Item, , # 7 Page 24 DISCLOSURE . . ... ........... . 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) Stephen Fuller, Inc., MS:A, Inc,, Troutman Sanders, L. L. P., Faggert & Frieden, PC 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing mare than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code J3 2.2-3101. 2. "Affiliated, business entity relationship" means "a relationship, other than parent subsidiary,relatiortship, that exists when (I) one business entity has a controlling ownership interest In the other business entity, (i) a controlling owner in one entity is also a controlling owner in the other entity, or (ill) 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, 1 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, instructions in this package. firers Signature Print Name Properly owner's Signature (if different than applicant) Print Name conditional Rezmh* Apo"tin Page 12 of 12 Revised 911/2004 H Z M W H Q CO W cc 0 J 0 N 1-, Transition Area Matrix Allowable maximum residential density for any rezoning in the Transition Area under the policies of the Comprehensive Plan is 1 unit per acre. The maximum density can be achieved through adherence to the Evaluative Criteria provided below and further explained in the Design Guidelines for the Transition Area. Each section of the Evaluative Criteria below ties to the Design Guidelines through the graphic icon at the top of the section. For further guidance on the respective section of the Matrix, turn to the page of the Guidelines that has the corresponding graphic icon. Staff will `score' the proposed development for its consistency with the Evaluative Criteria below. The scores are then totaled and the total is `plugged' into the formula below to determine the recommended maximum density for the development. PROJECT: Ashville Park MATRIX REVIEW DATE: 3/30/05 PROJECT DATE: 4/13/05 Evaluative Criteria Total Comments Natural Resources Degrees to which the project 1.75 preserves and integrates into the overall project the natural resource amenities on the site. Amenity Nature and degree of the 3.9 amenity Design Degree to which the project 4.7 incorporates good design into the project (A) TOTAL: (B) TOTAL / 11 possible points (C) TOTAL / 11 * 0.5 = (D) Line (C) + 0.5 du/acre = (E) Line D * total developable acres ( 452.8) _ 10.35 0.94 0.47 .97 du/acre 439.42 units (proposal as proffered includes 330 non -restricted units and 169 age -restricted units) Transition Area Matrix Page 1 of 7 H:\Planning Commission\Agendas\Agendas_Current\2005_04\07_TAmatrix - Ashville Park.doc Line A -- total number of points from the worksheets on the following pages. Line B -- total divided by the total number of possible points, which is 11 Line C --total from Line B multiplied by 0.5, which is the amount between the baseline density of 0.5 dwelling units per acre and the possible 1 dwelling unit per acre (du/ac). Line D --total from Line C added to 0.5 du/ac (the baseline density) to obtain the maximum density for the site. Line E -- total from Line D multiplied by the number of developable acres on the site, thus providing the maximum number of units for the site. (1) Natural Resources Existing forests, wetlands, meadows, cultivated fields, and related features Iffi Total a) Are natural resources protected? Comments: "Village YES (0 to 1 • Approximately 4 acres within E" is 0.75 located within the floodplain. The applicant point) has proffered a Letter of Map Amendment ("LOMA') to be approved by FEMA before any development may proceed within any Special Flood Hazard Area. • Existing wooded areas on the property are to be retained. Combining the two age - restricted villages into one village will protect an existing treed area. NO (0 points) b) Are natural resources integrated into project? Comments: YES (0 to 1 1.0 • Yes, a minimum 150-foot buffer of wooded point) and natural area is to be preserved along the Princess Anne Road frontage. The proposed 150-foot buffer shall be dedicated to the City as part of the Conditional Zoning agreement. • Many of the lots back up to existing wooded areas. NO (0 points) NATURAL RESOURCES TOTAL 1.75 Insert in appropriate box on page 1 Transition Area Matrix Page 2 of 7 H:\Planning Commission\Agendas\Agendas_Current\2005_04\07_TAmatrix - Ashville Park.doc f. n111\rMIN16 A feature that increases the attractiveness or value of the site consistent with the goals and objectives of the Total Comprehensive Plan for the Transition Area. few a) Is the amenity, if present, visually or operationally available to those who do not own property in the development? YES (0 to 1 1.0 Comments: • Yes, the applicant will provide two point) continuous trails, a multi -purpose trail and an equestrian trail, from Princess Anne Road to Flanagan's Lane that are visually and operationally available to those who do not own property within the subdivision. • Also, a 150-foot buffer will be provided along the Princess Anne Road frontage that will be visually and operationally available to those who do not own property in the subdivision. Attractive entrance features are also provided. • Extensive open space and water features are NO (0 points) visually available along the main parkway through the proposed subdivision. b) Does the amenity consist of recreational components? YES (0 to 1 Comments: • Yes, in the form of trails and open space point) 1.0 areas. NO (0 points) Transition Area Matrix Page 3 of 7 H:\Planning Commission\Agendas\Agendas_Current\2005_04\07_TAmatrix - Ashville Park.doc c) Are improvements made that provide visual or physical access to the natural resources on the site OR are improvements made to create a new amenity to the property? YES (0 to 1 point) 1.0 Comments: • Yes, the trails provide access to the open areas, wooded areas, and the proposed storm water management facilities. • Storm water management facilities are integrated into the site as amenities. NO (0 points) d) Is there connectivity linking any open space and/or amenities between this development and adjacent existing or future developments? YES (0 to 1 point) 0 9 Comments: • The proposed trails are linked with the surrounding parcels. • The proposed connections to Heritage Park align with the proposed connections from Heritage Park. NO (0 points) AMENITY TOTAL Insert in appropriate box on page 1 3.9 Transition Area Matrix Page 4 of 7 HAPlanning Commission\Agendas\Agendas_Current\2005_04\07_TAmatrix - Ashville Park.doc (3) Design Creation or execution in an artistic or highly skilled manner consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. Total! a) Are natural or manmade water features incorporated into the development in a way that they serve as amenities? YES (0 to 1 point) 1.0 Comments: • Storm water management ponds are integrated into the project and serve as visual amenities. NO (0 points) b) Is there an attempt to integrate the amenities as an integral part of the overall development? YES (0 to 1 point) 1.0 Comments: • Yes, the units have been integrated with the amenities within the development through the trail system and open space areas. NO (0 points) Transition Area Matrix Page 5 of 7 H:\Planning Commission\Agendas\Agendas_Current\2005_04\07_TAmatrix - Ashville Park.doc c) Does the development retain or create views or scenic vistas that can be seen from the road? YES (0 to 1 0.90 point) Comments: • Yes, a minimum 150- foot buffer of existing woodlands will be retained along the Princess Anne Road right-of-way, maintaining the existing natural view (with the exception of the entrance features). • The main parkway through the proposed subdivision has extensive open space and water features NO (0 points) d) Is a mixture of lot sizes and the clustering or massing of homes used to achieve a primarily open space development? YES (0 to 1 0.80 Comments: point) • Yes, the total amount of open space provided within the development is 52%. • There is a mixture of lot sizes, ranging in size from 7,200 to 20,000 square feet. The proposed lots are clustered and sited so that some rear yards abut open space areas. Many homes, however, do not have any open space areas behind them. • Small open space park areas are located NO (0 points) within the individual villages. Transition Area Matrix Page 6 of 7 HAPlanning Commission\Agendas\Agendas_Current\2005_04\07_TAmatrix - Ashville Park.doc e) Does the development use roadway and "hard infrastructure" that is appropriate for its design? Is it consistent with the vision and recommendations of this area as expressed in YES (0 to 1 the Comprehensive Plan? point) 1.0 Comments: • The proposed roadway sections are appropriate. NO (0 points) DESIGN TOTAL 4.7 Insert in appropriate box on page 1 Transition Area Matrix Page 7 of 7 R Planning Commission\Agendas\Agendas_Current\2005_04\07_TAmatrix - Ashville Park.doc Item #7 Sandler at Ashville Park, L.L.C. Change of Zoning District Classification East side of Princess Anne Road abutting north and south Sides of Flanagans Lane District 7 Princess Anne April 13, 2005 REGULAR Dorothy Wood: We'll now go back to the first item. I think it is Item #7. Joseph Strange: The next item is Item #7 Sandler at Ashville Park, L.L.C. It's an Ordinance upon Application of Sandler at Ashville Park, L.L.C. for a Change of Zoning District Classification from Conditional R-30 Residential District and P-1 Preservation District with a PD-1-12 Overlay to Conditional R-30 Residential District and P-1 Preservation District with a PD-1-12 Overlay on property located on the east side of Princess Anne Road, abutting the north and south sides of Flanagans Lane to its intersection with Sandbridge Road, District 7, Princess Anne with 36 proffers. R.J. Nutter: Thank you very much. Mr. Din, Madame Chairman, for the record, my ® name is R.J. Nutter. I'm an attorney representing the applicant, in this case is Sandler at Ashville Park, L.L.C. I appreciate the opportunity to speak to you today. I was able, as you know, to attend your earlier session to listen to some of the questions you all had. I'll try to really address those questions in this presentation. The biggest thing that I want to relay to you about what this is about today is that first of all, this is not a Change of Conditions application. It is a new rezoning application. I would like to explain to you why because I heard some of the questions about that this morning. It would have been a Change of Conditions application, frankly under most circumstances. The reason why it is a new rezoning application is because when we were moving areas around under the previous zoning, this is the approved plan from 2003. So, in this area was zoned Residential with a PD-1-12 Overlay. This area was zoned in the exact same fashion. This feature, as you know, is moving here and getting larger. This feature is dropping down here, and this area is going to be open space, and a larger portion of this area is going to be open space. Your zoning ordinance requires that those open space areas be zoned P-1, so when we were in fact moving those things we have to actually move the zoning on those pieces. That is why this is a rezoning application and not just a Change of Conditions application. I would tell you that if it had been an overall PD-1-12 without the need to identify the P-1 properties, it could have been a Change of Conditions application. So, having said that, I hope that explains to you why this is a rezoning application in lieu of a Change of Conditions application. Having said that, the second thing that I wanted to point out to you is that the heart, spirit, and the soul of Ashville Park that you, I, and Council came to love and approve unanimously is still in fact before you today in this application. The principals involved in terms of the planners are identical to the principals that are involved from the planning perspective previously. Item #7 Sandler at Ashville Park, L.L.C. Page 2 There are two principal parties, and Mr. Miller I want to refer to your firm as one of those. MSA has been the civil engineer on this project, and they will continue to be, as well as Steven Fuller, the architect many of you got to meet along the way from Atlanta. His firm is still engaged and in fact proposed these very changes that we're suggesting here today. So having said that, I think there is more about this application that remains the same by far that is being changed. That is what I just want to relay to you. The pass system is largely the same. It has been modified because things are moving. All the road improvements, the landscaping, all those type features are really the same. So, like I said, the heart and soul of this application are actually what you looked at before in 2003. I would like to discuss what some of the changes really are, and what motivated those changes, and we are happy to say that your staff is recommending approval of those changes. If I could go back to the previous one, it is a very useful tool for describing what's being changed. The previous application, as you know, had two age restricted communities, these two villages here on the south end of the property. At the time that development was being done, the then developer looked at this and wasn't sure if there would be a strong enough market for age restricted unless he decided to divide them up, and possibly have two different age restricted developers. Since that time, they found there is a very strong market for age restricted communities in that area, and then they found themselves with the problem that this age restricted community had to go all the way down here to get to the amenities for that facility. It would have a smaller core of people. So for all the reasons that you might anticipate, they decided to put the two age restricted communities together, located in this facility right in here. You will see that on the next plan. Before you go to the next one let me explain the other move, and then it will be very easy I think. But this is the first change. This village, in essence is being eliminated, and the units from this portion are being moved into this area, and this area is being slightly redesigned. The second move is the neighborhood here. This neighborhood, as a result of this now, could actually be dropped down further in a southern direction, and we could really cure what was in my opinion one of the really deficits of the original plan in 2003, is that the spine road that runs from Princess Anne Road, in essence to Flanagans Lane here, had to run at the last minute through this community. That was really an unfortunate design feature that we really couldn't get around. Now that this is being eliminated and moved over here, we can move this neighborhood down in this direction and run the spine road through like this. The reason why this move was moved in this direction, the spine road went through here at the last moment. If you recall, we have met with the residents of Flanagans Lane. Our original spine road was going to go through here and come up here and connect to Flanagans Lane right here so it would never cut through here. There was another entrance here on Flanagans Lane but this connect will remain intact. We were asked by the residents of Flanagans Lane to eliminate that and in fact, put a cul-de-sac here at Flanagans Lane, all which was done in this plan. That has not changed in the new plan. But I wanted to point out to you that's the reason why the spine road had nowhere else to go but through this area here. So, this enabled us then to move this neighborhood down and eliminate that problem. If I may, go to the next one please? Thank you so much. This plan is now suggesting what I just told you. This age restricted community that was located here has been reassigned into here. This community here has been dropped from the south, and Item #7 Sandler at Ashville Park, L.L.C. Page 3 this road is located right in here. Let me address this one first, and then I'll go to this issue. First, the only other change that occurred in here really has to do with the fact that we put the units together and as you may recall, the amenity features for this was located on sort of an island in this area. Part of the issue with that was the fact that the residents here had to then leave this area and go onto that island, which is fine but they felt like it could be better to plan it so the amenities for those neighborhood was brought down into the neighborhood so the residents could walk to that facility. Often times they would obtain golf carts, as you know, and other feature building vehicles like that to traverse these types of communities. So, this makes all of that possible, quite frankly. It takes traffic off the road system. It puts the amenities inside that community. The lot size for these features did change slightly. We got a minimum lot size here of 7,500 square feet. They dropped 300 feet per lot to 7,200 square feet. As you see a very minimal change along the planning process. But that is the change that is really being affected here. The other change here, again we dropped this neighborhood down, and moved the road systems. If you please note, we put in a series of traffic calming circles here, here, and here to make sure that the traffic keeps down. As you will see in traffic analysis, they anticipate only what they call a "teaspoon" of traffic exiting this portion of the property out onto Flanagans Lane. So, what this did do is it moved the homes from our neighborhood further away from the homes along Flanagans Lane, by several hundred feet. Conversely, we tried to design the road system so it kind of split up between the two neighborhoods although the new road actually comes closer to the lots in Ashville ® Park than it does to the lots along Flanagans Lane. We've prepared an exhibit. While I'm getting that, I want to show you one of the things about the road system we are talking about through there. This road system is not a four lane divided highway. This is a two lane divided road. It goes in one lane in each direction divided by a landscaped median. You have a 76-foot wide right-of-way area in there. So, once you hit the right- of-way area you will still have another 10 feet of landscaping before you hit one lane. Let me show you this real quick because I see Ed beeping, and Ed is not as nearly indulgent as the City Clerk. This is the existing plan. In other words, if you take the 2003 plan that we have today, and what I'm going to highlight for you is and let me just show you this. The area I'm showing you around these exhibits are located right here in this corner. The closest we come is about 162 feet. This is that same corner. This is at the end of Flanagans Lane where it is being cul-de-sac'd over onto our property. This existing proposal shows that we would have a 100 foot buffered area between, in this case, Mr. Berman's property line and our property lines. Within that area, we would have one 4-6 foot undulating berm that is fully landscaped. We would then have a 6-foot fence at the end of that and then further open space before he gets to the rear of those lots. Mr. Berman's house, as it turns out is about 200 feet from his property line. Ed Weeden: R.J.? R.J. Nutter: Yes? Ed Weeden: You're time is up. Item #7 Sandler at Ashville Park, L.L.C. Page 4 Dorothy Wood: Maybe if you could just answer questions. R.J. Nutter: I'll be happy to do that. Janice Anderson: I just have a question. I would like for him to finish. R.J. Nutter: Thank you Ms. Anderson. Under this plan we had about 100-foot from his property line to the property of the residences. Under the new plan, and this is all in your booklets by the way, but this is so much easier to see. Under the new plan, we have again, moved the lots down here, and currently we have the same 100-foot area we had before. Namely we have a 100 foot separation, 4-5 undulating berm with landscaping, and then a six foot fence. What we've done is that we've added additional width here. Now it is about 162 feet at the narrowest point from his property line to where the right- of-way for the road is. That is another 10 foot before you get to one lane that's close to him. We've also added in the middle section a berm system up to where his lot ends. So, from his property line to where the right-qf-way of the road is will be 162 feet, in that area there will be a six foot high fence, and two 4-6 undulating berm that are fully landscaped. As a point of comparison, the largest setback we have in the front yard of the City is 50 feet in the R-40 district. A typical setback from the right-of-way is 50 feet and that's the biggest one we got. People are going to have more than three times that from his rear property line to that and that's not counting the 200-foot on his property today. As you can see the road comes closer to our lots than it does to the others. As you can see it is heavily landscaped. The homes themselves, quite frankly are much further away than they were previous from the properties. So, I hope that explains the differences. The care that we tried to take to make sure that the people on Flanagans Lane was protected. I dare say that if this was a requirement in the City we would probably have to condemn literally the entire first two row of houses along every major right-of-way in the City of Virginia Beach to come close to a plan that we have shown to you today. Dorothy Wood: Thank you, Mr. Nutter. It's a beautiful plan. I think we're all looking forward to it. Mr. Ripley, then Mr. Knight. Ronald Ripley: R.J., the area of the senior housing that you relocated, is that the average square footage? R.J. Nutter: I think that is the minimal. Ronald Ripley: Minimal. R.J. Nutter: Yes sir. Ronald Ripley: Is the product type changed? Tell me about the product. R.J. Nutter: Sure. They haven't changed the product type of what they were thinking for Item #7 Sandler at Ashville Park, L.L.C. Page 5 that area. What they were doing was to combine those areas. What they have found is that the units that can go on these properties usually look for a little bit smaller lot. Many of the lots they looked on were 5,000 square foot lots. They tried to keep them even larger than stated. But there has been no change. Mr. Fuller has to approve the design. Every lot in this project goes through Mr. Fuller. So, I can tell you I don't know the exact design of each of the models because I don't think it's been quite selected yet. Ronald Ripley: When I looked at the original plan, and I looked at this new plan, it just looks like it was a looser. It's kind of hard to judge by looking at this scale of the plan that you've given us for what the scale is for that particular area. Your saying the original plan will be basically the same on this plan. R.J. Nutter: Yes sir. Within there, obviously when you put both communities together you do get an increase sort of compassion, if you will but the concept of the pocket parks, the perimeter landscaping around the entire perimeter of the property. The fact that the lots facing as you enter off the main road, you face the fronts of those lots and not the rear of those lots. All those features are the same. We haven't changed that. We haven't changed the proffer with regard to the amenities in the project except the very location. Ronald Ripley: At first when I looked at it, I was trying to concern the difference changes that occur. Mr. Scott points out that the parkway now goes through, it doesn't front any housing, and trying to improve the minimal, that's a good feature when you think about it. I think you're probably right in moving the public space for senior or restricted area, whatever you want to call it, moving it to the center. What I'm concerned about, and I think the neighbors are concerned, and I think the Commission is concerned is to make sure that the changes here that you're making to the original plan that has been represented to the Planning Commission and City Council, the integrity of that plan, the quality of the plan, the intent is still there. I would like you to address that. R.J. Nutter: I'd be happy to. Ronald Ripley: That is what concerns me. The plan appears to be a fine plan. I don't have any problem with it. The original plan I thought was fabulous. This plan I don't have a hard time finding a ball with but I do want you to address that. R.J. Nutter: I'll be happy to. In fact, I tried to right at the beginning, to let you know that the heart and soul of why you approved this property in the first place is still there. The best example that I can give you is your own staff's independent evaluation about it. The staff concludes that the modification to the original plan is to be minimal, representing the type of adjustments that large development of this nature go through as plan becomes reality. I think that is what happened. I also share with you, Ron, that in speaking with the Sandler's about this project, I will tell you that they personally voiced to me and other members and have met with them on this application to tell them that they loved Ashville Park. They loved Steven Fuller's design. They don't want to vary that. They only asked him is there anything you can do to suggest improvements to it before we begin work? Item #7 Sandler at Ashville Park, L.L.C. Page 6 And he said, to tell you the truth, you got a strong market for age restricted and you might want to put them together and put the amenities inside, and that would clean up the road problem we had on the tracks just to the north of that. And, I think that's the only thing that we've tried to change. We got a lot of questions about is this the start of other changes to come? And, well you never know what the future hold. I will tell you that they have now fully surveyed the property. They are planning on starting work in the very near future. Well within the hopes if the plans get approved next six months. So, they're not planning on doing anything except complying with these changes. They're not planning on repeatedly coming back to you. Again, anything can happen with a piece this size. But, I think they have got all those issues worked out. Ronald Ripley: Will the Sandler's be developing their product in there or will they be just selling to builders to build in there? How would that work? R.J. Nutter: Yes sir. They are selling those off to builders. The builders are required to comply with the overall restrictions both in this plan as well as the deed restricts that are in place on the property. All deed restrictions require the approval of the homes or the home types through Steven Fuller's office. That was part of the original plan. That has not changed. Again, the only change that you're seeing other than these are resulting from these like the trail system modified a little bit because of these changes. Those are the only changes you're seeing. Ronald Ripley: Price point? Has that changed or is that still the same? R.J. Nutter: It's probably going to affect it more by the economy. There is no change in price point. If anything, it has probably gone up as a result of the last two years. Ronald Ripley: Do you have an idea of those ranges would be? R.J. Nutter: I do not. I know they have been very sensitive prices in the last few weeks because of other applications. I don't know the answer to that. My sense is they will be every bit of what they were previously. I think they were looking at about the $400,000 and up range previously. And again, that was two years ago. This is probably a year away from, and I shouldn't say a year but probably eight months to a year away from where lots start to may be created. But as you can see there is a lot of site work that has to be done. Ronald Ripley: Okay. Dorothy Wood: Mr. Knight. Barry Knight: R.J. I see where you have a lot of changes to the plans, not to many but a few on here. One of them I like better is the road, and it doesn't run through the center of the community. It skirts on the outside. And also, this design won't be a thoroughfare, 25 MPH to all of those islands here. I like that. I think maybe the residents on Flanagans Item #7 Sandler at Ashville Park, L.L.C. Page 7 Lane may have some concern. I hope they like the finished product when it gets done. But I do like that going through there. Ron's asked most of the questions I had. There were a couple of questions I asked earlier. Mr. Crabtree's on Bikes & Trail ways and he might want you to talk about these multi purpose trails and how it applies to bicycles. I'd like for you to address the continuity of the horse trails, which is now different from the original rezoning. Mr. Horsley had the question in the informal on how it ties into Heritage Park and Equi-kids. What do you say would happen to these trails? R.J. Nutter: Yes sir. After this application left the Planning Commission in 2003 and moved on to Council, you may recall at that meeting representatives from the equestrian community, if you will, spoke and said they would be outraged if there wasn't an equestrian trail system through here. So between Planning Commission and Council we met with them. While the items you're seeing today for the first time for the equestrian trails are new to you, they have always been on the plan and the books since 2003. Those trails were designed so they would provide connectivity to the adjacent developments. Just like we're going to have connectivity for pedestrian traffic and trails, and things of that nature. I have to be careful on what I say here because if I tell you that there is, in my opinion, there can be a conflict between a horse and a bicycle on the same trail, and I would be quickly chastised by the equestrian community, who believes that those conflicts are in people's minds only. So, I will give you my opinion in that regard only. _ But that is not meant as fact. Namely what they tried to do is to a large degree, separate those out. My heavenly connectivity plan to show the equestrian trails as somewhat independent. They are designed and fortunately Mr. Miller's firm is also doing the plans for Heritage Park, which is the development just to the north. So they went further enough along so the he could actually show where that connectivity would be, and so we have tied our trail system into wherever they're connectivity is planned for. So, it will be possible for people to traverse from that neighborhood and the Equi-kids project that is in there through this property and out eventually further down Princess Anne Road. Perhaps out to other adjacent properties. It is very difficult for us to point out connectivity to the south as you can imagine because we're not quite sure what is going to happen to the south. But we have allowed for the equestrian trails at least down to Princess Anne Road so it is that activity as well, as we think future connectivity to the southeast of the site as well. I hope that addresses your question? Barry Knight: Yes. Thank you. Dorothy Wood: Mr. Horsley, and then Mr. Crabtree. Donald Horsley: R.J. I like the plan before, and I like it even better now, and the changes you made make it a better plan. The only thing that I would like addressed for the record is the 20 acre differential in the overall acreage. What you got now is not necessarily for the record. R.J. Nutter: I'll be happy to do that. I'm going to refer to the staff s write up. Let me relate to you what transpired and the reason for those changes. There has been no change Item #7 Sandler at Ashville Park, L.L.C. Page 8 in the perimeters of this property. This is perhaps the first place to start to let you know that what we was rezoned previously is still rezoned under this plan. The change, and we had not done a full field survey when we were submitting the application to you in 2003. We relied on the deed of records that were recorded in the Clerk's Office for the acreage. When we in fact do the full field survey to close on those properties, and I also must tell you to compute roll back taxes on those properties, that is when there was a discovery that some of these parcels weren't as large as they had been projected to be or portrayed as being. That resulted in the reduction in the acreage in this little of over 20 acres, if I'm not mistaken. That was the sole reason for this. There has been no elimination of property resulting in this. There has been no additional property occurred with this. It was really just the fact that the field survey revealed discrepancies on what was portrayed in the deeds. Dorothy Wood: Mr. Crabtree. Eugene Crabtree: Mr. Nutter, since the last time you were before us, I'm like Mr. Horsley, I like this plan, and I like it now. And I'm glad to see that you really included equestrian trails. But since then we have adopted a Bike and Trails Plan for the City, which has been passed by City Council and adopted into the Comprehensive Plan. We recommend in the Bike and Trails plan that all new development be bicycle friendly. As I see this is pedestrian friendly. I see that it is horse friendly, but I do not see anything in ® your plan that says it is bicycle friendly. I do not see it identified, and that is an existing bicycle path along your roadways within your community. We would like to see from Bike and Trails standpoint of view, we would like to see that put into your plan. R.J. Nutter: I understand. Thank you Mr. Crabtree by the way. We have not identified a separate bike path. We had intended that the paths that are largely pedestrian in nature could in fact share bikes and people. It has been my experience and the Planning Department's experience that is common throughout the City, and we wanted to have that. So, I can say for the record that what this plan does have, if it doesn't specifically say bicycles, Mr. Crabtree, it does provide room for the pedestrian and bike paths that will be there. In fact, I have three or four different levels of those. They have them within each community so you can go within each lot in the community by bike path or pedestrian path. You can go between each community by bike path or pedestrian path. And, then you can intraverse off these sites by bike path and/or pedestrian path. The equestrian was the new one. And again, that serves our prejudice in terms that we think that the separation is necessary between horses and other users. But at any rate, I think you will find in there even if they're not particularly labeled is what I'm trying to say Mr. Crabtree. Dorothy Wood: Are there any other questions? Mr. Din. R.J. Nutter: Yes Mr. Din. Item #7 Sandler at Ashville Park, L.L.C. Page 9 William Din: R.J. I think we discussed in our informal meeting about the recreational club/facility. In the older plan we had a lot more room around it. The buildings that are shown here, they're the same size are they not? R.J. Nutter: We haven't changed the concept between that plan, and this plan at all except for moving it internally. This is the only real change. William Din: When you say moved internally, does that restrict the active adult recreational club only to those people in that area or is everybody invited to use the facilities? R.J. Nutter: Yes sir. Thank you. The plan has been and in fact the previous one it was believed to be the same concept. The one for the age restricted community will be restricted to the residents of those then two communities, now one community. The purpose of that quite frankly, while they love children they like to be separated from them in many occasions. Particularly when it comes to seeing their friends, and just relaxing in their own pool. It was always intended so there would be separate amenities for the age - restricted community versus the other. And that is why you saw them separate even then. William Din: The other clubhouses will be age restricted also? R.J. Nutter: The other one is really and I'm not quite sure I know the answer to that one. I apologize. I would be guessing if I told you the answer. William Din: So you only have tennis courts and other things in one area. You have pools in both areas. R.J. Nutter: I wouldn't be surprised if you saw access through the age -restricted people to play at least tennis. They are also some soccer fields. One of the Council members asked about a Frisbee throwing area and things of that nature. So, my sense is that the vast majority of those villages will be opened to the age restricted, as is as you know all the open space there is, which is over 200 hundred acres of open space area. William Din: Would the open space be restricted from certain types of uses? Say for instance kids soccer, would they able to go into the other areas and set up fields to practice? R.J. Nutter: I think it is going to be up the residents to try work that out among themselves. I'm not sure that I know the answer. I do know that some of these areas, all the forested areas are intended to remain forested. We did not change that division of the plan. So, there is obviously going to be more passive. But the big field areas are intended to remain natural. That has not changed. I can't tell you over time that somebody might end up playing football out there or have some little change where they want a little bit more active feature. I'm not sure that I know the answer. I wouldn't be surprised if you saw that happen. But I don't think it will be restricted. Item #7 Sandler at Ashville Park, L.L.C. Page 10 William Din: Thank you. R.J. Nutter: Thank you. Dorothy Wood: Mr. Nutter, if you don't mind, we would like to hear from the opposition. Please come back up at the end of that and rebut. We would appreciate that very much. R.J. Nutter: Yes ma'am. I'll leave these boards here. Dorothy Wood: That's wonderful. Thank you. Joseph Strange: Speaking in opposition we have Jack Keenan. Jack Keenan: Good afternoon. My name is Jack Keenan. I live at 1581 Flanagans Lane. I think opposition might be too strong of a word. We don't want to be viewed as obstructionists. We've met with the previous developer and had unanimous consensus to approve this ourselves back when it was done. The changes however, do raise some concerns for us. Most of my neighbors on the south side of Flanagans Lane, and I reside right there, so the neighbors that I spoke to along this road path here, and I've met with Mr. Sandler and his project manager for this, I've got a lot of answers that I needed. However, to Mr. Nutter's point, this is not typical setback area. When you buy below the Green Line in Virginia Beach, there is anticipation that there is a different lifestyle quality that you will have. At least traditionally in the past that has been the way it has been proffered and set up. So, we're trying to as much as we can maintain that lifestyle. So, we look at this plan to be ambitious. It's very visionary. We think that it is great the way it has been laid out. However, when that road with a 25 MPH speed limit and the turnarounds they put in there, we're hoping that it relieves the cut through ability of that plan. However, I don't know how many on this road have ever turned right off of Sandbridge Road onto Flanagans Lane. But if you ever have and you start to think about what it's going to be like with another 1,500 cars or so a day coming out onto Flanagans Lane, making the right, and then having to go left on Sandbridge Road, it's going to be quite a trip in the morning for the commuters, not to mention what will happen with the Beach traffic leaving if that is chosen to be a path to get out. So, that has been part of our concerns. We presented a letter, which I was not careful enough to make sure it got to the Planning Commission in time. I do want to say that our concern is that the traffic on this road could create a lot of problems. We would like to ask that the minimum berm between anybody's property line and the road would be 225 feet, and that it would be proffered to raise it from four to six feet, to six to eight feet for the berm to protect us from light and noise abatement from this road if it is becoming a road that's going to be traveled with more than the 200 or so cars additionally to the development that we've been told. Dorothy Wood: Thank you sir. Mr. Nutter, would you mind coming up and you have three minutes this time. Item #7 Sandler at Ashville Park, L.L.C. Page 11 R.J. Nutter: Very briefly. We did get his letter and staff was kind enough to give it to us when they received it. We have indicated to them, and I talked with Faith about it, that we would have no objection. As you know, we have an undulated berm that is four to six feet to go it's full length along here. We have no objection to increasing the height of that berm to six to eight feet along that entire length there. It will take a slight modification to the proffers, which we can make between now and Council. In terms of the 225 minimal distance that he is requesting, I'm even sure we are in full control of that to be perfectly honest with you in talking to Faith. But I can tell you that if you were to take this on an average basis, we probably are 225 feet. The closest distance here, again from the property line to the right-of-way is 162 feet. Out here it is over 300 feet. So, as you can see how close it is to us. We do not have undulating berms much less two of them between the road and our own properties. That would be the best evidence why we think the traffic on this road is going to be diminished. Your staff indicates that they what they called a "teaspoon" increase along that road. I don't think we can relocate the road through there, but I can tell we can definitely hold the minimums we put forth in here 162 feet, and we can definitely increase the height of that long berm to six to eight feet as they requested. Dorothy Wood: Thank you. Are there any questions? Thank you Mr. Nutter. We appreciate you coming down. R.J. Nutter: Thank you. It is my pleasure. Dorothy Wood: I'm sorry, Mr. Ripley. Ronald Ripley: How many lots were in the senior community that you moved? Approximately? R.J. Nutter: I've forgotten. I know the overall increase was by nine. Let me see if I have that. Ronald Ripley: Can we go back to the original? R.J. Nutter: That's the acreage. There was a 160 total. And more than were in "B' than in "E". Ronald Ripley: How many were in E? Janice Anderson: Probably 45 because he's reducing it by four so there is 41 now, so I think it would be 45. R.J. Nutter: Thank you. I can't find my book. I don't know where they went. Excuse me. Dorothy Wood: Are there any other questions? Item #7 Sandler at Ashville Park, L.L.C. Page 12 R.J. Nutter: Thank you Ms. Anderson. Dorothy Wood: Any other questions? Mr. Knight. Barry Knight: This has been an application that we've seen before. We really liked it before because we have a production in acreage. They tweaked a few things and we looked at it very, very hard. Everyone seems to think with the acreage constraints that they have and they want to clear everything that it is a good plan. I really don't see anything from my perspective we need to do to make it a whole lot better so. I know we will probably have some discussion going but I'd like to put that in a form of a motion to approve Sandler Ashville Park, L.L.C. as proffered recognizing there may be a proffered change between here and Council. So I will put that in a way of a motion. Dorothy Wood: Thank you. Is there a second to that motion before we open it up for discussion? Eugene Crabtree: I'll second it. That is what I was going to do. Dorothy Wood: Okay. Thank you. Mr. Ripley, it is your turn. Ronald Ripley: I can look at this real hard and I agree with him also. I think it is a good plan. When I heard Mr. Keenan come up and talk about the number of cars coming out, I doubt it was taken into account I'm sure that in the traffic studies and also it is going to impact without a doubt. There is no question. I think that by actually moving those 45 lots over to the western side of the community, I would think those people would be apt to go out to Princess Anne and that might help alleviate some of the traffic, not to say that you will not be impacted. I'm not saying that. I'm just saying that might and I think hopefully when they get the site planned reviewed, that would be taken into consideration and hopefully that would be further litigated so that the traffic is not such a problem. I like the application before and I said that publicly. I just thought it was real fine application. I think this is fine too with the adjustments. Dorothy Wood: Thank you. Are there any comments on that side? We have a motion on the floor. Mr. Miller. Robert Miller: I need to abstain from this application as my firm is working on the project. Dorothy Wood: We noticed that. AYE 10 NAY 0 ABS 1 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE Item #7 Sandler at Ashville Park, L.L.C. Page 13 HORSLEY AYE KATISAS AYE KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved the application of Sandler at Ashville Park, L.L.C. Dorothy Wood: Thank you. R.J. Nutter: Thank you very much. c", -. 30 December, 2004 Robert J. Scott Director of Planning & Community Development Municipal Center, Building 2 Virginia Beach, VA 23456 Dear Mr. Scott: The residents of Flanagans Lane, Virginia Beach have been asked to meet during the first week of January 2005 with Catherine Holder, Project Manager for LM Sandler and Sons concerning proposed amendments to the Ashville Park Development Plan. As we moved into the Holiday Season, LM Sandler and Sons requested through Catherine Holder that we meet with her before January 7, 2005. We have been informed by Ms. Holder that the developer plans to combine two previously approved village layouts for active adults into one village; reduce lot size and increase the number of building lots; move a village further south; and to reconfigure major roads through the development, creating a paved thorough fare adjoining Flanagans Lane resident properties. ® We oppose any amendments to the approved City plan which reduces lot size, increases housing density, and creates the proposed road realignments. Over the past two years we met four times to establish effective working relationships with the previous developer on reaching agreed proffers prior to City of Virginia Beach planning review/recommendation and City Council approval. On October 26, 2004, Flanagans Lane residents met again in good faith with Catherine Holder and Jim Reeve, City Council Member, to discuss any possible changes resulting from the transfer of Ashville Park ownership. We were told that LM Sandler and Sons would be bound by the approved proffers and that no changes were in the works. We are troubled by the requests for swift introduction of amendments before this major development project even commences. We are also concerned that approval of these amendments will negatively affect existing property owners. Approving these amendments will only serve as precedent for future modifications and amendments. We thank you for understanding our concerns and in denying proposed amendments to the Ashville Park Project. You will find attached, a list of every resident on Flanagans Lane who "all" oppose the amendments. v�� Page 2 Flanagans Lane Residents Opposing Ashville Park Amendments Name/Signature Address Phone Number /54-9 F/ac.,*M*r 14- 72-/- .Zog4/ �.ANWANP200" 13-V F-z�514&if vs e.) yV F4*M&4 Ns L t-) opy t . VA B ach City Council Members City Manager Director of Planning & Community Services Date /L �o O a - 3 L 3�� -757 7al g woj i4lso '2s21-& -?6yo -1Z4!j�, 75'?—72i,<04V �Jlo/ 757—-� . Z�z24o4." W7-70,980s—/ '7S7-72/_Ja.79 lZ 3I 4 April, 2005 Virginia Beach Planning Commission City of Virginia Beach Municipal Center Building Number 2 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456-9040 To Whom It May Concern: We are writing this letter in response to the City of Virginia Beach "certified letter" dated March 28, 2005 to adjacent Flanagans Lane property owners concerning the Ashville Park Change of Zoning District Classification. Jack Keenan of 1581 Flanagans Lane and Steven R. Berman of 1685 Flanagans Lane have individually met with Mr. Art Sandler and Project Manager Ms. Catherine Holder regarding proposed change requests. We expressed concerns of changes from the previous Virginia Beach City approved application in moving Village D further South in the development and installing a road between Village D and adjacent properties of several Flanagans Lane residents. We believe this change will have a significant negative impact on existing residents from a heavily traveled road, increased noise, and potential changes to future road routing and increased vehicular traffic. Mr. Sandler indicated that both Planning Department and City Council Members felt the proposed changes would improve the Ashville Park development. Mr. Sandler stated that he would not be making the changes to the road without the Planning Department's analysis/recommendation and the new road would be used predominately by Ashville Park residents. In fact the Planning Department was quoted as saying it would be a "teaspoon" of additional traffic that related to less than 200 additional cars daily in addition to the Ashville Park residents. We were further toid that the new road would serve as a feeder road for Village residents of Ashville Park and would not become a main thoroughfare between Princess Anne Road and Sandbridge. We understand that Sandbridge road will undergo improvements later this year and will continue to serve as the principle road into and out of Sandbridge. We accept this technical "road traffic analysis" conducted by the Planning Department and concur with the road design including "turn -grounds" and controlled speed limits. Page 2 We also appreciate the willingness of Mr. Sandler who has agreed to work with the residents on the following items: • Before beginning the first phase of home development he is willing to build the Southern berm which would allow 3 or 4 years for the trees, shrubbery, and other landscape vegetation to grow and provide a shield from the new road. • Allow residents to meet with the landscape artist on types and density of landscaping. Additionally, we would like LM Sandler and Sons to agree to the following improvements: • The read shall be a minimum of 225 feet away from any residents Southern most property line. • Change the proffer regarding the undulating berm from 4 to 6 feet to a minimum of 6 to 8 feet The landscaping plan should be sufficient to provide adequate noise and light abatement for the Flanagans residents. An additional concern is the proposed speed limit shall be 25 MPH as it currently is on Flanagans Lane. This speed restriction will support the analysis conducted by the planning commission that this would not be a cut-thru road. We believe that our proposed changes would bring Flanagans Lane residents in alignment with the LM Sandler and Sons development plan and the Virginia Beach City recommendations. Thank you for inviting our input to the Ashville Park Change of Zoning District Classification requested by L.M. Sandler and Sons. Sincerely, Steven R. Berman ack Keonan 4 April, 2005 Virginia Beach Planning Commission City of Virginia Beach Municipal Center Building Number 2 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456-9040 To Whom It May Concern: We are writing this letter in response to the City of Virginia Beach "certified letter" dated March 28, 2005 to adjacent Flanagans Lane property owners concerning the Ashville Park Change of Zoning District Classification. Jack Keenan of 1581 Flanagans Lane and Steven R. Berman of 1685 Flanagans Lane have individually met with Mr. Art Sandler and Project Manager Ms. Catherine Holder regarding proposed change requests. We expressed concerns of changes from the previous Virginia Beach City approved application in moving Village D further South in the development and installing a road between Village D and adjacent properties of several Flanagans Lane residents. We believe this change will have a significant negative impact on existing residents from a heavily traveled road, increased noise, and potential changes to future road routing and increased vehicular traffic. Mr. Sandler indicated that both Planning Department and City Council Members felt the proposed changes would improve the Ashville Park development. Mr. Sandler stated that he would not be making the changes to the road without the Planning Department's analysis/recommendation and the new road would be used predominately by Ashville Park residents. In fact the Planning Department was quoted as saying it would be a "teaspoon" of additional traffic that related to less than 200 additional cars daily in addition to the Ashville Park residents. We were further toid that the new road would serve as a feeder road for Village residents of Ashville Park and would not become a main thoroughfare between Princess Anne Road and Sandbridge. We understand that Sandbridge road will undergo improvements later this year and will continue to serve as the principle road into and out of Sandbridge. We accept this technical "road traffic analysis" conducted by the Planning Department and concur with the road design including "turn-arounds" and controlled speed limits. Page 2 We also appreciate the willingness of Mr. Sandler who has agreed to work with the residents on the following items: Before beginning the first phase of home development he is willing to build the Southern berm which would allow 3 or 4 years for the trees, shrubbery, and other landscape vegetation to grow and provide a shield from the new road. Allow residents to meet with the landscape artist on types and density of landscaping. Additionally, we would like LM Sandler and Sons to agree to the following improvements: • The road shall be a minimum of 225 feet away from any residents Southern most property line. • Change the proffer regarding the undulating berm from 4 to 6 feet to a minimum of 6 to 8 feet The landscaping plan should be sufficient to provide adequate noise and light abatement for the Flanagans residents. An additional concern is the proposed speed limit shall be 25 MPH as it currently is on Flanagans Lane. This speed restriction will support the analysis conducted by the planning commission that this would not be a cut-thru road. We believe that our proposed changes would bring Flanagans Lane residents in alignment with the LM Sandler and Sons development plan and the Virginia Beach City recommendations. Thank you for inviting our input to the Ashville Park Change of Zoning District Classification requested by L.M. Sandler and Sons. Sincerely, Steven R. Berman '�.�` ack Keenan In Reply Refer To Our File No. DF-6151 TO: FROM: M Leslie L. Lilley William M. Macali Uv CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 18, 2005 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Sandler @ Ashville Park, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 10, 2005. I have reviewed the subject proffer agreement, dated March 1, 2005 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT, made this i day of March, 2005 by and between SANDLER AT ASHVILLE PARK, L.L.C., a Virginia limited liability company (hereinafter referred to as "Grantor"), the owner of certain parcels of property generally located in the Princess Anne Road Election district of Virginia Beach, Virginia, which property is more fully described on Exhibit A attached hereto (hereinafter the "Property") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification from R-30 and P-1 with a PDH-2 overlay to R-30 and P-1 with a PDH-2 overlay on certain property which contains approximately 452 acres, more or less, located in the Princess Anne Election District of the City of Virginia Beach, Virginia, which property is more particularly described in the attached Exhibit A; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned R-30 and P-1 with PDH-2 overlay are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN NOS.: 2413-07-1960-0000, 2413-06-6259-0000, 2413-16-7813-0000, 2413-47-9508-0000, 2413-36-3862-0000, 2413-46-4337-0000, 2413-55-5252-0000, 2413-75-4401-0000 WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing R-30 and P-1 with a PDH- 2 overlay zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers 2 (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be developed substantially as shown on the "Master Plan of Ashville Park Virginia Beach, VA" dated 2/08/05 and designed by Stephen Fuller Places, LLC in conjunction with MSA, P.C., a copy of which has been exhibited to City Council and is on file with the Virginia Beach Planning Department (hereinafter, the "Master Plan"). 2. The principal entranceway to the Property shall be from Princess Anne Road which shall be substantially similar in design and quality to the exhibit entitled "Community Entrance Princess Anne Road" a copy of which is contained within Section V of the development manual entitled "Ashville Park" prepared by Stephen Fuller Places, LLC, a copy of which has been exhibited to the City Council in conjunction with this Zoning Ordinance amendment and is on file with the Virginia Beach Planning Department (hereinafter the "Manual"). 3. A second entranceway to the Property shall be located at Flanagans Lane near the intersection of Flanagans Lane and Sandbridge Road and shall be substantially similar in design and quality to the exhibit entitled "Community Entrance Flanagans Lane" prepared by Stephen Fuller Places, LLC, a copy of which is contained within Section V of the Manual. 4. Prior to the issuance of the first residential building permit within Village C and upon completion of at least two lanes of the public right-of-way running through Ashville Park from Princess Anne Road to the second entranceway of the Property at Flanagans Lane as referenced in proffer number 3, Grantor shall cul-de-sac Flanagans Lane within the confines of Ashville Park at two locations where depicted on the Master Plan. In addition to this improvement, Grantor shall maintain a 100' buffer area along the portion of the northern most property line of Ashville Park, located directly to the north of Village D, substantially in the location identified as "100' Buffer" on the exhibit entitled "Village `D"' in Section IV of the Master Plan. Within this 100' buffer area, Grantor shall install an undulating berm and solid 6' 3 high fence, substantially as shown on the Exhibit entitled Conceptual Site Layout Plan of Ashville Park, Berm Plan, Virginia Beach, VA., dated 2/08/05, prepared by MSA, P.C., which plan shall have been exhibited to City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Berm Plan"). The berm and fence shall be installed within the 100' Buffer prior to the completion of the development of Villages A and B as identified on the Master Plan. Any multi -purpose equestrian trails or pedestrian paths located adjacent to the berms shown on the Berm Plan, shall be located on the side of the berm facing Ashville Park. STREET SCAPE 5. The Grantor shall dedicate to the City of Virginia Beach sufficient land along the portions of the Property adjacent to Princess Anne Road of 55' in width as measured from the centerline of the right-of-way, to accommodate an ultimate 110' right-of-way. In addition to said dedication, Grantor agrees to dedicate to the City an additional 150' wide buffer as measured from the ultimate right-of-way dedication. The dedicated buffer shall be for public purposes including open space, buffers, landscaping, utilities, roadways and trail purposes. Said buffer shall not restrict the development of the "Community Entrance Prospective" within Section V within the Manual. The dedications referenced in this proffer #5, shall be made concurrently with the recordation of the final subdivision plat for the first phase of development of the Property. 6. The Grantor agrees, during detailed site plan review, to conduct a Traffic Impact Study of the impacts of Ashville Park. The Grantor agrees to substantially complete or bond the required improvements on Princess Anne Road at the entrance to Ashville Park that are called for in the Traffic Impact Study. Said improvements shall be substantially completed or bonded prior to the issuance of the first permanent occupancy permit for residents within Ashville Park. 7. The internal streets within Ashville Park shall be designed and constructed in accordance with the exhibit entitled "Typical Street Sections Plan of Ashville Park Princess Anne Road, Virginia Beach, Virginia", prepared by MSA, P.C., and dated February 8, 2005, 4 which exhibit has been displayed to the City Council of the City of Virginia Beach and is on file in the Virginia Beach Planning Department (hereinafter "Street Section Plan") 8. All street lighting installed on the Property shall be a decorative style fixture and the height and separation of street lights shall be determined during the detailed site plan review. 9. The trees planted within and adjacent to the public right-of-ways on the Property shall be double the total tree canopy requirements for public right-of-ways as set forth in the Department of Public Works Landscape Manual of the City of Virginia Beach. 10. Subject to confirmation by the City of the necessary 50' wide right-of-way widths and receipt by the City of all environmental permits from the Army Corp of Engineers and Department of Environmental Quality, Grantor shall substantially improve or bond the costs of right-of-way improvements to Flanagans Lane beginning from the eastern -most entranceway to the Property from Flanagans Lane, continuing in an easterly direction to the intersection of Flanagans Lane and Sandbridge Road. Said improvements shall be substantially completed or bonded prior to the issuance of final occupancy permit for the first residence in Village D or E as depicted on the Master Plan. Said improvements shall be the widening of the existing lane with and the piping of the adjacent ditches, together with the portion of the future right-of-way traffic simulation generated by Ashville Park as determined during the detailed site plan review and the Traffic Impact Study performed by Grantor. These improvements shall be consistent with CIP Project No. 2.021.000 for rural road improvements in the City of Virginia Beach's Capital Improvement Program. THE VILLAGES OF ASHVILLE PARK 11. The Grantor shall record a Master Deed of Covenants, Conditions and Restrictions ("Restrictions") governing the Property. All land owners within the PD-H2 District shall be members of a Home Owners Association responsible for maintaining collectively all common areas on the Property. The Restrictions shall be enforced by one or more Home Owners Association, which Restrictions, shall among other things, restrict the use of the open space areas for any purpose, but recreation and open space use. Such covenants shall run with the land and 5 be in full force and effect for a period of at least fifty (50) years. These covenants shall become part of the deed of each lot or parcel within the development. Such covenants shall be approved by the City Attorney and recorded before the first building permit in the project is issued. The Restrictions shall among other things require that every residential unit within Village B as shown on the Master Plan will be occupied, on a full-time basis, by at least one (1) adult resident of fifty-five (55) years of age or older. The Restrictions shall also prohibit persons under eighteen (18) years of age from residing in any residential unit within Village B for more than one hundred twenty (120) days in any calendar year. 12. The total number of units developed in Village B shall not exceed 169. All such units within Village B shall be single-family detached dwellings. The minimum lot size, internal open space area, buffers and acreages for each Village shall be as set forth in the Master Plan. 13. Villages A, C, D and E shall be developed substantially as depicted on the Master Plan. The total number of units developed in Village A shall not exceed 135 units. The total number of units developed in Villlage C shall not exceed 98 units. The total number of units developed in Village D shall not exceed 41. The total number of units developed in Village E shall not exceed 56. All units shall be single-family detached dwellings within these Villages. The minimum lot size, internal open space area, buffers and acreages for each Village shall be as set forth in the Master Plan. 14. The linear parks depicted within Villages A, C, D and E shall be maintained by the Home Owners Association and no structure shall be allowed within the linear parks other than uniform fencing, or other uniform decorative features, and mailboxes. The Pocket Parks depicted on the Master Plan shall be developed and constructed substantially as depicted on the Master Plan. The Pocket Parks shall be maintained by the Home Owners Association. All sidewalks and trails located outside of the public rights -of -way shall be maintained by the Home Owners Association. 2 15. A Letter of Map Amendment ("LOMA") must be approved by FEMA before any development may proceed within any Special Flood Hazard Area. 16. The residential lot tree canopy for each residential lot on the Property shall be double the total canopy cover specified in the City of Virginia Beach's "Residential Tree Request Table" in effect as of September 1, 2003. 17. A minimum 50' buffer shall be established on the perimeters of the Property as shown on the Master Plan. No structures shall be allowed within the buffer area and the buffer area shall be maintained by the Home Owners Association. No community wide or other activity other than maintenance shall occur within the Buffer area. RECREATIONAL AND OPEN SPACE AREAS 18. Two Recreational Activity Areas shall be designed, constructed and built on the Property substantially where indicated on the Master Plan. Both facilities shall provide indoor amenities, meeting rooms and active outdoor recreational amenities. No outside recreational fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any such lighted tennis courts must be setback a minimum of 150' from a residential property line. Outdoor lighting installed for the swimming pools or outdoors tennis courts shall be directed downward toward the swimming pool or tennis courts play area. 19. The recreational facilities shall be substantially similar in quality, design and character to the exhibits entitled "Community Amenities" as contained in Section VI in the Manual. It is recognized that with a development of this size, detailed building plans may change as the development of Ashville Park progresses. The intent of the renderings is to demonstrate the architectural style and building quality of these facilities. Final elevations for these structures shall be submitted to the Planning Director to assure compliance with this proffer. 20. In addition to the buffer areas, linear parks, pocket parks and Village Greens within Villages A, B, C, D, and E, Grantor shall set aside as open space the areas shown on the 7 Master Plan. Said areas shall be for the benefit of the owners of property within Ashville Park. These areas shall be set aside for passive enjoyment and recreation for uses such as Lakes, Meadows, Forested Areas and Landscaped Vistas. These areas shall be maintained by the Home Owners Association. 21. No portion of the Property that has been designated as a jurisdictional wetland by the U.S. Army Corp of Engineers shall be disturbed. 22. The combined areas set aside for recreation and open space on the Property should not be below fifty-two percent (52%) of the current gross acreage of the Property. The different types and acreages of open spaces provided within Ashville Park shall be substantially as specified on the Master Plan. 23. Grantor shall donate $1,000.00 for each residential lot developed on the Property to the City of Virginia Beach Department of Parks and Recreation into the Open Space Site Acquisition program more specifically referred to as CIP Project No. 4.004.000. Grantor's per lot donation should be paid to the City at the time of the issuance of each building permit for each residential lot within Ashville Park. If all or a portion of said donated funds have not been used by the City of Virginia Beach within twenty (20) years for the purpose for which they were dedicated, then they may be used by the City of Virginia Beach for other municipal purposes, as the City shall in its sole discretion deem appropriate. OPEN SPACE; PEDESTRIAN AND BIKE TRAILS 24. Grantor shall construct a series of sidewalks and trails that are designed to provide pedestrian accessibility within each Village, and pedestrian and bike connections between each Village and to adjacent properties substantially as shown on the Exhibit entitled "Connectivity Plan" prepared by Stephen Fuller Places, LLC, which plan is part of the Manual (hereinafter "Connectivity Plan"). The path system within the Village Greens, the Pocket Parks and other open space areas shall be finished in hard surfaces such as asphalt or compacted clay. Such trails shall be designed substantially in accordance with the quality levels and design features as depicted on the exhibit entitled "Open Space" prepared by Stephen Fuller Places, LLC, which exhibit is part of the Manual. While not all portions of the trail system within Ashville Park will be open to the public, Grantor shall provide a continuous trail system from Princess Anne Road to Flanagans Lane that will be open to the public either through easements over some of the trails on the Home Owners Association property, or the provision of sidewalks and trails within the public right-of-way section between Princess Anne Road and Flanagans Lane. 25. Grantor shall construct a Multi-Purpose/Equestrian Trail substantially where indicated on the Connectivity Plan. The Multi-Purpose/Equestrian Trail shall be approximately 8' in width, constructed of compacted earthen material, compacted clays or similar compacted material substantially as depicted on the "Trail Section" shown on the Connectivity Plan. The Multi-Purpose/Equestrian Trail shall be open to the public. THE RESIDENCES AT ASHVILLE PARK 26. Grantor shall include within the Restrictions governing the Property, a requirement that the design and building materials for all fences, homes and accessory structures must be reviewed and approved by an Architectural Review Committee of the HOA to insure design and quality compatibility. Said restrictions shall run with the land as allowed under the laws of the Commonwealth of Virginia. 27. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roofs, porches, windows, doors, trim and sofets, consisting entirely of all or any combination of brick, stone, hardy plank, stucco, cedar shake or similar quality materials. 28. All residential dwellings constructed on the Property shall be constructed with a minimum of a two (2) car garage. 29. All residential dwellings constructed within Villages A, C, D and E shall contain no less than 2,400 square feet of enclosed living area, excluding garage area, for any one-story dwelling and no less than 2,600 square feet of enclosed living area, excluding garage area, for any two-story dwelling. 0 30. All residential dwellings constructed within Village B shall contain no less than 1,800 square feet of enclosed living area, excluding garage area, for any one-story dwelling and shall contain no less than 2,400 square feet of enclosed living area, excluding garage area, for any two-story dwelling. 31. Grantor shall utilize low impact development techniques where possible on the Property to encourage storm water treatment and ground water recharge and discourage storm water runoff and erosion. 32. All residential dwellings constructed on the Property shall be constructed in accordance with the construction criteria applicable to homes located within the 70 to 75 dB Ldn/STC ratings of not less than 44 for roof/ceiling/exterior walls and 33 for windows/doors, even though no portion of the Property is located within this noise zone. DEVELOPMENT REQUIREMENTS 33. The dimensional requirements applicable to development of all portions of the Property except Villages B shall be as follows: Minimum Lot Area in Square Feet: 12,000 (Villages D and E) 20,000 (Villages A and C) Minimum Lot Width in Feet: 100 Minimum Front Yard Setback in Feet: 50' for 20,000 square foot lots and 30' for lots less than 20,000 square feet Minimum Side Yard Setback in Feet: 10 Minimum Side Yard Setback Adjacent to a Street in Feet: 30 Minimum Rear Yard Setback in Feet: 20 Accessory structures of no more than 150 square feet: 5' rear and side yard setbacks 10 Maximum Lot Coverage: 30% for lots 20,000 square feet and greater and 35% for lots less than 20,000 square feet Minimum Setback from Sidewalk for lots containing linear parks: 15' from edge of sidewalk Maximum Height 42 feet in Villages A and C and 38 feet in Villages D and E 34. The dimensional requirements applicable to development within Village B on the Property shall be as follows: Minimum Lot Area in Square Feet: 7,200 Minimum Lot Width in Feet: 60 Minimum Front Yard Setback in Feet: 20 Minimum Side Yard Setback in Feet: 5 & 10 Minimum Side Yard Setback Adjacent to a Street in Feet: 20 Minimum Rear Yard Setback in Feet: 20 Accessory structures of no more than 150 square feet: 5' rear and side yard setbacks Maximum Lot Coverage: 40% Maximum Height in Feet: 35 (not to exceed two stories) 35. For lots encumbered by a linear park and/or pocket park, the Minimum Lot Width may be measured along either the property line abutting the public right-of-way, or the boundary of the portion of the linear park and/or pocket park located toward the interior of the lot. 36. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of 11 applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. Effective as of the date this Agreement is accepted by the City Council of the City of Virginia Beach, Virginia, this Agreement shall fully replace the Agreement dated September 5, 2003, by and between Ashville Park, L.L.C., a Virginia limited liability company, Eddie Lee Cooper, Linda C. Cooper (now known as Linda C. Ackiss), Rebecca Ann Cullipher, Roger Elliott Malbon, William W. Oliver and Lynn O. Adams (trustees), Betty B. Bourdon, R. Edward Bourdon, Jr., Paul S. Bourdon, Frank T. Williams, Norwood C. Land, and City of Virginia 12 Beach, which was recorded on March 5, 2004 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200403050037759 (the "Former Agreement"). The Former Agreement described the Property as containing approximately 474 acres of land and contained legal descriptions based upon source deeds available as of the date of the Agreement. The legal descriptions and acreage referenced in this Agreement are based upon the surveys referenced in the legal descriptions attached hereto as Exhibit A. This Agreement is intended to apply to all of the same property described in the Former Agreement, notwithstanding changes in description or variances in acreage revealed by surveys of the Property. [Remainder of Page Intentionally Left Blank] 13 GRANTOR: STATE OF VIRGINIA SANDLER AT ASHVILLE PARK, L.L.C. a Virginia limited liability company By: •vs• /Wne: CITY OF��('� �Q, to -wit: The foregoing instrument was acknowledged before me this t day of March, 2005, by N-0 Aykn -D . •?jo CE:DD , personally known to me to be the of Sandler at Ashville Park, L.L.C., a Virginia limited ability company, on behalf of the Company. My Commission Expires: 0q '�;ZO—CLO 14 otary P �e�`�;�tttti�uu/V / OF _ nu EXHIBIT A Legal Description PARCEL ONE (GPIN No. 2413-07-1960-0000) ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and situate, lying and being in the City of Virginia Beach, Virginia, containing 27.828 acres, more or less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF PROPERTY OF EDDIE LEE COOPER & LINDA C. ACKISS", dated May, 2004, made by MSA, P.C., Landscape — Architecture — Planning — Surveying, Engineering and Environmental Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument number 200408260136098. PARCEL TWO (GPIN No. 2413-06-6259-0000) ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and situate, lying and being in the City of Virginia Beach, Virginia, containing 15.096 acres, more or less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF PROPERTY OF REBECCA CULLIPHER & ROGER MALBON", dated May, 2004, made by MSA, P.C., Landscape — Architecture — Planning — Surveying, Engineering and Environmental Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument number 200408260136097. PARCEL THREE (GPIN No. 2413-16-7813-0000) ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and situate, lying and being in the City of Virginia Beach, Virginia, containing 27.828 acres, more or less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF PROPERTY OF W.W. OLIVER JR. ESTATE", dated May, 2004, made by MSA, P.C., Landscape — Architecture — Planning — Surveying, Engineering and Environmental Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument number 200408260136093. PARCEL FOUR (GPIN No. 2413-47-9508-0000) ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and situate, lying and being in the City of Virginia Beach, Virginia, containing 63.200 acres, more or less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF PROPERTY OF FRANK T. WILLIAMS", dated May, 2004, made by MSA, P.C., Landscape — Architecture — Planning — Surveying, Engineering and Environmental Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument number 200408260136094. 15 PARCEL FIVE (GPIN No. 2413-36-3862-0000) ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and situate, lying and being in the City of Virginia Beach, Virginia, containing 18.556 acres, more or less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF PROPERTY OF EDDIE LEE COOPER & LINDA C. ACKISS", dated May, 2004, made by MSA, P.C., Landscape — Architecture — Planning — Surveying, Engineering and Environmental Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument number 200408260136096. PARCEL SIX (GPIN No. 2413-46-4337-0000) ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and situate, lying and being in the City of Virginia Beach, Virginia, containing 56.4725 acres, more or less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF PROPERTY OF BETTY B. BOURDON", dated May, 2004, made by MSA, P.C., Landscape — Architecture — Planning — Surveying, Engineering and Environmental Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument number 20040826013 609 1. PARCEL SEVEN (GPIN No. 2413-55-5252-0000) ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and situate, lying and being in the City of Virginia Beach, Virginia, containing 60.0395 acres, more or less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF PROPERTY OF C.P. BROWN, TRUSTEES FOR D.M. LAWRENCE", dated May, 2004, made by MSA, P.C., Landscape — Architecture — Planning — Surveying, Engineering and Environmental Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument number 200408260136095. PARCEL EIGHT (GPIN No. 2413-75-4401-0000) ALL THAT certain lot, piece or parcel of land, with the appurtenances thereunto belonging and situate, lying and being in the City of Virginia Beach, Virginia, containing 57.452 acres, more or less, and as shown on that certain Boundary Survey entitled, "BOUNDARY SURVEY OF PROPERTY OF FRANK T. WILLIAMS & SIMON H. LAND", dated May, 2004, made by MSA, P.C., Landscape — Architecture — Planning — Surveying, Engineering and Environmental Sciences, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument number 200408260136092. 279070_4.DOC 16 Map Notlto—Scale Sandler at Ashville Park LLB,' AG-2 WE RCAO A AG-2 I 1 a / AG 7""' AG 2 I#I Conditional Zonin, - Recorded Proffers Ior;ir•,<; Cia;inge tr�o;Yl R30/1'7 PDH TO R30.%P1 POH y �k fi,' rhv �y 1i.F9`Y�Ry�..�{�.i •} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach — Change of Zoning, B-3 to B-3A MEETING DATE: May 10, 2005 ■ Background: An Ordinance upon Application of the City of Virginia Beach for a Change of Zoning District Classification from B-3 Central Business District to B-3A Pembroke Central Business Core District on property located on the northwest corner of Commerce Street and Market Street, approximately 350 feet north of Columbus Street (GPIN 14774487430000). DISTRICT 5 — LYNNHAVEN. ■ Considerations: The applicant proposes to rezone these existing B-3 Central Business District properties to B-3A Pembroke Central Business Core District consistent with the adjacent zoning in the Town Center area. The parcel will then be developed for the Performing Arts Center. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the zoning and the planned land uses for adjacent properties. Rezoning the site to B-3A will provide for uniformity in dimensional requirements, use, and urban design with the surrounding area. Planning Commission placed this item on the consent agenda because they concluded the rezoning is consistent with the Comprehensive Plan, the request will provide for use of the property and its urban design compatible to existing and planned Town Center development, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request. ■ Attachments: Staff Review & Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department k4- --- City Manager. -',;,s k m CITY OF VI RG I N IA BEACH Agenda Item # 15 April 13, 2005 Public Hearing Staff Planner: Karen Prochilo REQUEST: Change of Zoning District Classification from B--3 Central Business District to B- 3A Pembroke Central Business Core District. Map E-' ,` Cn,LoVir-ainia Beach -URCJAM-- REM 151 J I'd'� MAL 5 �l MNX 5I'. 117R Q.^ li I� 3B,3�A� a B'-�5B' A I ox �r — L Zoning Change: from B-3 to B-3A ADDRESS / DESCRIPTION: Properties located at the intersection of Commerce Street (formerly Cleveland Street) and Market Street (formerly Garrett Drive) as well as Commerce Street (formerly Cleveland Street) and Bank Street (formerly Potomac Street). GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14774488650000 14774487430000 5 - LYNNHAVEN 46,680 square feet or 1.07 Acres SUMMARY OF REQUEST The applicant proposes to rezone the existing B-3 Central Business District properties to B-3A Pembroke Central Business Core District consistent with the adjacent zoning in the Town Center area. The parcel will then be developed for the Performing Arts Center. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped parcel SURROUNDING LAND North: . Across Bank Street, Retail shops and an office building / B-3 USE AND ZONING: Central Business District South: . Across Commerce Street / B-3A Pembroke Central Business Core District East: . Across Market Street, retail uses / B-3A Pembroke Central Business Core District West: . Across Independence Boulevard, Wachovia Bank / B-3, Central CITYOF VIRGINIA BEACH Agenda Item # 15 Page 1 Business District NATURAL RESOURCE AND CULTURAL FEATURES: There are no natural resources or cultural features located on this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIE): There is a Traffic Impact Study on file, previously approved by the Traffic Engineer, for the entire Town Center project. Individual trip generations are, therefore, not provided in the chart below. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Independence 75,000 ADT 64,260 ADT (Level of Existing Land Use — Boulevard Service E) n/a Proposed Land Use 3— n/a Columbus Street 15,000 ADT 14,800 ADT'— 22,800 Existing Land Use — ADT n/a Proposed Land Use 3— n/a Average Daily Trips 2see note above 3see note above WATER: There is a 10-inch water main in Market Street fronting the site. There is a 10-inch water main in Bank Street fronting the site. This site must connect to City water. SEWER: there is al 0-inch sanitary sewer main in market Street fronting the site. There is an 8-inch sanitary sewer force main in Commerce Street fronting the site. There is an 8-inch sanitary sewer force main in Bank Street fronting the site. This site must connect to City sanitary sewer. Sanitary sewer and pump station analysis for Pump Station 359 is required to determine if flows can be accommodated. COMPREHENSIVE PLAN The Comprehensive Plan designates this area as being within Strategic Growth Area 4 Pembroke Area. The planning and development policies for this area are within the Pembroke Central Business District Master Plan, which are adopted as part of the Comprehensive Plan. CITYOF VIRGINIA BEACH Agenda Item # 15 Page 2 The general goals and objectives of this Master Plan should be implemented by continuing the high quality, urban pattern of development. The Master Plan recommends the horizontal and vertical integration of urban designed uses such as office, retail, residential, restaurant, entertainment, cultural, educational, leisure and open space. EVALUATION AND RECOMMENDATION Staff recommends approval of this rezoning request. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent properties. The City of Virginia Beach is owner of the property and the site has been committed to development for the Performing Arts Center. Rezoning the site to B- 3A will provide for uniformity in dimensional requirements, use, and urban design with the surrounding area. NOTE: Conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. 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. CITYOF VIRGINIA BEACH Agenda Item # 15 Page 3 CITYOF VIRGINIA BEACH Agenda Item# 15 Page 4 Tg� . ... . 0 a v �v i X�4�i1 c y ft� R w m Out CITYOF VIRGINIA BEACH Agenda Item# 15 Page 5 f1 O _U) 0 z z O N 1 12/12/83 Change of Zoning from B-3 Central Business Granted District to B-4 Resort Commercial District 2 02/08/00 Change of Zoning from B-3 Central Business Granted District to Conditional B-3A Pembroke Central Business Core District Street Closure 3 10/10/00 Change of Zoning from B-3 Central Business Granted District to Conditional B-3A Pembroke Central Business Core District 4 03/11/02 Street Closure Granted 5 09/24/02 Conditional Use Permit (Multiple -family Granted dwellings — 342 units) CITYOF VIRGINIA BEACH Agenda Item# 15 Page 6 I ...... . ............ .......... x �v Ei CITYOF VIRGINIA BEACH Agenda Item # 15 Page 7 rw Item # 15 City of Virginia Beach Change of Zoning District Classification Northwest corner of Commerce Street & Market Street District 5 Lynnhaven April 13, 2005 CONSENT William Din: Our next item is Item #15. This is the City of Virginia Beach. It's an application for a Change of Zoning District from B-3 Central Business District to B-3A Pembroke Central Business Core District on property located at the northwest corner of Commerce Street and Market Street, approximately 350 feet north of Columbus Street. It is in the Lynnhaven District. I guess the City is going to speak on this? Dorothy Wood: Dr. White, would you say a few words about this sir? Stephen White: Yes ma'am. This is a rezoning of a piece of land in the Town Center area. The only piece that is controlled by either the City or Development Authority remains zoned B-3 rather than B-3A. This rezoning is necessary to bring this parcel into consistency with the Use regulations, and mandatory requirements in Town Center. This is the parcel where the Performing Arts Center is to be constructed. In order for that project to move forward a rezoning of this parcel B-3A is necessary. William Din: Thank you Dr. White. Is there any objection to placing this on consent agenda? If not, I think it has been adequate addressed why we have placed it on consent. I won't ask Karen to explain further on that. Thank you. I'd like to make a motion to approve the following consent item, Item #15 the City of Virginia Beach, an application for a Change of Zoning District Classification from B-3 Central Business District to 13- 3A Pembroke Central Business Core District on property located on the northwest corner of Commerce Street and Market Street, approximately 350 feet north of Columbus Street in the Lynnhaven District. There are no conditions associated with this item. Dorothy Wood: Thank you sir. Mr. Miller. RobertMiller: I need to abstain from Item #15. My firm is working on that project. Dorothy Wood: Thank you sir. Anyone else? A motion by Mr. Din and seconded by Mr. Knight to approve the item on consent. AYE 10 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote 10-0 the Board has approved the consent agenda item with the abstention so noted. Map E-7 City_,of 1,,iWtnia Beach VIRGINIA BEACHB ID. s WM. p Y , R m� LAI _. ;,�... ' ' x ,,,, N ] 151 7 ik _� n , Zonim, {;farther: from i3.....3 to B--3a 50- 7,ri C.. } CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach, Department of Communications & Information Technology — Conditional Use Permit (communications tower) MEETING DATE: May 10, 2005 ■ Background: An Ordinance upon Application of the City of Virginia Beach, Department of Communications & Information Technology for a Conditional Use Permit for a communications tower on property located at 2508 Princess Anne Road (GPIN 14948318520000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant, represented by the City's Department of Communication and Information Technology (COMIT), requests a Conditional Use Permit for a 160- foot tall communication tower associated with the new Emergency Communications Center (ECC) Building. The proposed communication tower will support the following three communications initiatives. Hampton Roads Port Security Grant This grant is for the construction of a high capacity microwave network that will link the cities of Norfolk, Suffolk, Newport News, Virginia Beach, Hampton, Chesapeake and others within Hampton Roads. This network will support Homeland Security initiatives by providing radio, telephone, data and other communications systems. The 160 foot height is necessary to receive and transmit radio signals to and from other Hampton Roads cities. In addition, a data link will be provided to the new Emergency Communications Center (ECC) that is under construction on the same site. ORION The City of Virginia Beach was recently awarded a Community Oriented Policing Grant (COPS). As with the Hampton Roads Port Security Grant, the proposed communications tower is necessary to mount microwave antennas to support the regional 700 MHz network that is currently being designed. The ORION radio control signals are proposed to "piggyback" on the Hampton Roads network described above. • Relocation of Existing Microwave Equipment from Building 11 The City of Virginia Beach presently has a Capital Improvement Project (CIP) to relocate the existing antennas from their current location at the Public City of Virginia Beach, COMIT Page 2 of 3 Safety Building (Building 11) to the new Emergency Communications Center, under construction on the opposite side of the street. This project can be moved up from 2007 to the present as a result of the recent grant awards described above. This relocation will improve the survivability of the present system, which is now vulnerable to hurricane force winds. The microwave dishes will be moved to the proposed communication tower. The other existing antennas on top of Building 11 will be relocated to the roof of the new ECC building, which has been designed with a special mounting area for the antennas. The new roof design will provide better protection from wind and weather for the equipment as well as provide better screening of the equipment on the rooftop. The equipment mounted on the new roof of the ECC building will be much less visible to the public than the present antenna arrangements existing on Building 11. The proposal is compatible with the Municipal Center operations and is essential to the City's mission. The tower will be placed in a location on the site that will minimize the visibility of the tower from both the nearby residential neighborhood as well as from Princess Anne Road and Nimmo Parkway. The height of the tower is estimated at 160 feet. Condition 2 listed below will allow staff the flexibility to construct the tower taller than 160 feet, but no greater than 199 feet, if it is necessary to do so for public safety reasons in the future. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The proposed tower shall be located behind the Emergency Communications Center building within the area marked as "area suitable for monopole placement" on the site plan titled "Emergency Communications/Emergency Operations Centers and Judicial Center Parking" prepared by HSMM Inc. and dated December 2, 2003. This site plan has been exhibited to City Council and is on file in the Department of Planning. 2. The proposed tower shall be developed as a monopole structure not to exceed 199 feet in height. 3. The Structural Analysis and Non -Ionizing Electromagnetic Radiation (NIER) Study required by the City Zoning Ordinance shall be submitted for review with the detailed site plan. 4. No existing trees shall be removed from the site for construction of the tower. The site plan shall identify the location of existing tree stands and tree protection measures shall be provided on the plan to ensure the existing trees will remain in a healthy state thus providing screening for the tower. 5. In the event that the tower is not used for a period of one year, it must be removed at the owner's expense. City of Virginia Beach, COMIT Page 3 of 3 6. The Department of Communication and Information Technology will work with the Courthouse Forest neighborhood to plant additional 8 foot to 10 foot tall evergreen trees on the western side of the proposed tower for screening purposes. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: x�mvt CITY OF VIRGINIA BEACH Agenda Item # 11 April 13, 2005 Public Hearing Staff Planner: Barbara Duke REQUEST: Conditional Use Permit for a communication tower Mai" r ??a,o Citv of Virginia Beach AG-2 oe AG 1 ZZ, a '\ I's U -1 - 1 .-IAG-2 f �y. AG-1 - ° O I V-t AAA \ ®_-AGa Y o 2 n \\ Me-an—lZ m,g R—deditff CUP -Communication Tower ADDRESS / DESCRIPTION: Property located at 2508 Princess Anne Road GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1494832532; 1494831852 7 — PRINCESS ANNE 10 acres The applicant, represented by the City's Department of SUMMARY OF REQUEST Communication and Information Technology (COMIT), requests a Conditional Use Permit for a 160-foot tall communication tower. The proposed communication tower will support following three communications initiatives. Hampton Roads Port Security Grant This grant is for the construction of a high capacity microwave network that will link the cities of Norfolk, Suffolk, Newport News, Virginia Beach, Hampton, Chesapeake and others within Hampton Roads. This network will support Homeland Security initiatives by providing radio, telephone, data and other communications systems. The 160 foot height is necessary to receive and transmit radio signals to and from other Hampton Roads cities. In addition, a data link will be provided to the new Emergency Communications Center (ECC) that is under construction on the same site. • ORION The City of Virginia Beach was recently awarded a Community Oriented Policing Grant (COPS). As with the Hampton Roads Port Security Grant, the proposed communications tower is necessary to mount microwave antennas to support the regional 700 MHz network that is currently being designed. The ORION radio control signals are proposed to "piggyback" on the Hampton Roads network described above. Emergency Communications Center, under construction on the opposite side of the street. This project can be moved up from 2007 to the present as a result of the recent grant awards described above. This relocation will improve the survivability of the present system, which is now vulnerable to hurricane force winds. The microwave dishes will be moved to the proposed communication tower. The other existing antennas on top of Building 11 will be relocated to the roof of the new ECC building, which has been designed with a special mounting area for the antennas. The new roof design will provide better protection from wind and weather for the equipment as well as provide better screening of the equipment on the rooftop. The equipment mounted on the new roof of the ECC building will be much less visible to the public than the present antenna arrangements existing on Building 11. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The Emergency Communications Center building is currently under construction on the site. SURROUNDING LAND North: . Nimmo Parkway USE AND ZONING: South: . Vacant Property / AG Agricultural District East: . Kellam High School, Water Tower, Courthouse Forest Neighborhood / AG Agricultural District and R-10 Residential District West: . Municipal Center / B-1 Limited Business District and 0-2 Office District NATURAL RESOURCE AND The site is within the Courthouse Historic and Cultural District. The CULTURAL FEATURES: Historic Review Board reviewed this project and has recommended approval. A letter stating their position is included at the end of this report. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. COMPREHENSIVE PLAN The Comprehensive Plan designates this area as being within the Virginia Beach Municipal Center and the Transition Area. Office and commercial developments in the vicinity of the Municipal Center should respect the conservative, Neo-Georgian architecture and campus setting. Staff recommends approval of this EVALUATION AND RECOMMENDATION request with conditions recommended by staff with the use permit. The recommended conditions are provided below. CITY / The proposal is compatible with the Municipal Center operations and is essential to the City's mission. The tower will be placed in a location on the site that will minimize the visibility of the tower from both the nearby residential neighborhood as well as from Princess Anne Road and Nimmo Parkway. The height of the tower is estimated at 160 feet. Condition 2 listed below will allow staff the flexibility to construct the tower taller than 160 feet, but no greater than 199 feet, if it is necessary to do so for public safety reasons in the future. CONDITIONS 1. The proposed tower shall be located behind the Emergency Communications Center building within the area marked as "area suitable for monopole placement" on the site plan titled "Emergency Communications/Emergency Operations Centers and Judicial Center Parking" prepared by HSMM Inc. and dated December 2, 2003. This site plan has been exhibited to City Council and is on file in the Department of Planning. 2. The proposed tower shall be developed as a monopole structure not to exceed 199 feet in height. 3. The Structural Analysis and Non -Ionizing Electromagnetic Radiation (NIER) Study required by the City Zoning Ordinance shall be submitted for review with the detailed site plan. 4. No existing trees shall be removed from the site for construction of the tower. The site plan shall identify the location of existing tree stands and tree protection measures shall be provided on the plan to ensure the existing trees will remain in a healthy state thus providing screening for the tower. 5. In the event that the tower is not used for a period of one year, it must be removed at the owner's expense. 6. The Department of Communication and Information Technology will work with the Courthouse Forest neighborhood to plant additional 8' —10' evergreen trees on the western side of the proposed tower for screening purposes. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CITY / fs- 4 s ' _ fINT C oil 9tdr* 0IH1r ONOW I I _ / �. V FIOAOWON v ©!pQ 1#1 Conditional Zoning - Recorded Proffers ' Communication Towe 1 10/21/85 REZ from AG Agriculture to B-1 Business GRANTED 2 04/22/85 REZ from AG Agriculture to B-2 Business GRANTED 3 08/26/86 DOWNZONE to AG Agriculture DENIED 06/08/04 REZ from AG:B-1 to B-2 Business GRANTED CITY / D 12 10 CITY / D Z W W Q W m D cn J V DEPARTMENT OF PLANNM DIVOON Of 0004WHENSIVC PLAWNM (?Mw-mi FAX QM 428-M7 Mr. Doug Onhaizer Communications Technology Administrator Department of Communications Information BuNdling 2 2406 Courthouse Drive %Arginia Beach, Virginia 23456 vRgpvmu "OFALUMM W&ONG 2 MCWRIKUSEDAWE IRROM BEACH. VA 23350A Gear Mr. Onhalzer, Your request for a Certificate of Appropriateness, #01 -05 to construct an emergency communications tower for Building 30, Emergency Communications Center (ECC) has been approved in accordance with the Historic Review Board's recommendation. The approved location for the ECC monopole Is between the EGG building and the water tower and is shown as #1 on the attachment. Location #2, as shown on the attachment, Is not approved. The color of the monopole is to be the same color as the water tower. If we can be of further assistance, please contact Robert Davis of my staff at 427-8613, Sincerely, FA&M Attachments (3) c: Current Planning CITY / D CITY / D _j7 V, I CITY / D Monopole with Microwave Antennae CITY / D Item #11 City of Virginia Beach Department of Communications & Information Technology Conditional Use Permit 2508 Princess Anne Road District 7 Princess Anne April 13, 2005 REGULAR Joseph Strange: Our next item is Item #11. Communications and Information Technology, an Ordinance upon Application of the City of Virginia Beach, Department of Communications and Information Technology for a Conditional Use Permit for a communications tower on property located at 2508 Princess Anne Road, District 7, Princess Anne with four conditions. Doug Onhaizer: Good afternoon. I'm Doug Onhaizer with the City of Virginia Beach Communication and Information Technology Department. Dorothy Wood: Welcome. Doug Onhaizer: Thank you. The particular proj ect that we're talking about and currently the Communications Center for the City of Virginia Beach currently resides in Building 11, which is on the south side of Princess Anne Road. We are relocating that facility to the new facility, to this particular facility, which is across Princess Anne Road. We currently have all of our communications equipment that is housed in the current facility and we are relocating that to this new facility. We are also looking to build a communications monopole in this particular facility to house the new equipment. So, in order to support the relocation we are also in need of building a monopole to support the new equipment. We also recently have received a port security grant through the Hampton Roads Planning District Commission, which is going to support regional communications throughout Tidewater. As part of that particular project, we are also in need of installing some additional microwave equipment. We also have received a communications grant through the COPS DOJ Inoperability Project, and that will also require some additional communications equipment. The reason for the monopole on this side of the street is because all the communications equipment will reside in this particular facility and the microwave has to be in proximity to that communications equipment. The monopole is placed on the backside of this particular site, if you could bring up the site plan please. The monopole is intended to be placed on the backside of this building for a couple of reasons. One is when we were originally building this facility we included what's called conduit, which is just basically open piping. Out of this facility, about in this particular area and ran it out and terminated it at this spot. So, the communications monopole would be installed here, which would allow us to take the microwave equipment and connect it to the communications equipment, which is in this particular facility. We looked at several spots in this particular area. However, this made Item # 11 City of Virginia Beach Page 2 best sense based on its location, it's proximity to the particular site. Last year during Hurricane Isabel, I had the pleasure of participating in the Emergency Operations Center. This will also house our new emergency operations center, which is going to be really nice. But we also had some issues with our microwave site, which required us to go and gain access to it immediately, which if we are in this particular facility during an event like a hurricane or some other event, we would like to have immediate access to that equipment. So, there is a multitude of reasons why it makes sense to have the microwave equipment located directly next to the communications equipment. We also, if you would go to that Building 11 picture, all of these particular items right here, and specifically the dishes. They're kind of the dark gray that you can see right there. All the other antenna equipment is being relocated to the new facility. We built an antenna rack that was at the center of that facility to help block some of the visual from that but we would also like to relocate these two, which at this point are not currently slated to be relocated because we can't put them on top of the building so we have to have a structure that is tall enough to be able to access it, and have a directional line of sight between these antennas and other sites within the City of Virginia Beach. A line of sight has to be fairly high because we have to get down to Pleasant Ridge. We have to get over Kempsville, so you have to get high enough to be able to have a direct shot at those. So, that's why these particular antennas are sitting there today. They are actually pointing at the water tank. These will be relocated once we get the new monopole up. This will actually improve the visual from this particular building because all of the antennas on ® Building 11 will be eliminated so it will give it a nice visual perspective when you look inside. If you can, go back to the Building 30 picture. So this is a simulation. This is not real. The dishes are going to be about eight feet in diameter. The monopole, right now is slated to be about 170 feet, and we'll have five antennas that are slated for this particular project, two to support our existing microwave system, which if you are not familiar with the microwave system, that is a critical element that we need to be able to bring our radio user and our first responders of the radio signal. So our dispatch center is connected to this radio system, which then they can communicate with the police officers, fire, and EMS in the field. These two particular microwaves are critical for public safety users. We're adding two additional microwaves, as I mentioned. We have been awarded through the Hampton Road Planning District Commission a large grant. It's about six million dollars for the region. We will be connecting to Norfolk and Chesapeake, which will start tying in our regional systems together. It was part of a port security initiative. Additionally to that, we won the Inoperability grant through the Department of Justice, which will also again tie into our regional systems together between Norfolk, Portsmouth, Suffolk, Chesapeake, Virginia Beach, and Hampton. I could just classify it as Tidewater if you want to be short. That will also include radio system connectivity but it will also include high-speed data. There is one other antenna which was not placed up there, and that will be pointing over to a monopole that was recently being constructed over at Landstown High School. That particular connection will be tied into the Video Services Division of COM-IT. What that allows us to do during an EOS Event is to have a live stand up within our EOC whether the chief, the mayor wants to have a live audience on Channel 46, 47 or 48, which we don't have the capacity to do today. So, a monopole will serve some significant public safety purposes just for the City of Virginia Beach but it Item #11 City of Virginia Beach Page 3 will also serve the entire region in tying us all together as a regional radio system. It's pretty critical to our public safety at this point. The timing is fairly critical. The port security grant was awarded and we have been working on that for probably six months. This building has been under construction for almost a year. We are winding down on that particular facility. Port security grant, if you're familiar with grants at all, they all have tendency to have some timing requirements on them. They'll give you the money but they take forever to give you the money but then they tell you that you have to spend it right a way. So, in this particular situation the port security grant is probably the most immediate aspect of this particular project. We have some time frames. We already awarded the project to a company called Allcaltell. They are looking to start installation sometime in May, at worse case June. The systems have to be up and operational and installed and that way we can continue to have the grant funding. Dorothy Wood: Thank you sir. Are there any questions? Doug Onhaizer: I'm sorry. We did meet with the citizens who came today. There was one additional condition and I'm going to try and read it. Barbara, if I can't read your handwriting, you can help me out here. They wanted it added so I don't want to speak for them. I will read what we agreed to outside. The Department of Communications and Information Technology will work with Courthouse Forest neighborhood to plant additional 8-10 foot Leyland Cypress trees on the west side of the property tower. Dorothy Wood: Thank you. Doug Onhaizer: I'll try to identify. The monopole is really going to sit in this particular area. If you see the little lines with the Xs on it, that is actually a fence. That is going to be brick columns with wrought iron fencing. This particular line right here is the Dominion Power easement so we really can't do much there. So what we're looking at trying to do is in this particular area, right here, is to install some Leyland Cypress or plant some Leyland Cypresses that might provide some coverage and blockage for the Courthouse neighborhood based on the discussion that we had. Is that accurate? Okay. Dorothy Wood: Thank you. Are there any questions? Mr. Din. William Din: I noticed that the last hurricane that we had Isabel was very devastating on Leyland Cypresses because they are very prone to be blown down. I wouldn't want to plant a tree like that near one of our ECC's that is vital and the tree fell in that direction or damaged communications building or support areas. Are we taking that into account as the plantings go? Doug Onhaizer: May be we should rephrase to not name a particular type of tree but some screenage that would be accommodating. That is true. We can't be in a situation where we plant trees for a couple of reasons. As I mentioned earlier, this is a line of sight microwave system so if the trees do grow too tall, they start blocking the line of site on the microwave so we have to be sensitive to the fact that we can't go up. The second Item # 11 City of Virginia Beach Page 4 issue is if they grow too tall and they fall, we've got other issues we have to deal with. We have to come to some agreement. May be in some area on how to provide some screenage that doesn't impact us. William Din: The intent of the screening is to screen what direction and what areas? Doug Onhaizer: The intent was, and I believe the neighbor is somewhere in here. Right in here and provide some screenage for them, which they feel was taken down during the other project. It doesn't necessary have to do with this project. It has to do with the original project, which was the building of this particular facility. So, from this particular direction, they would like to see some additional screenage that would block their visible field from here. William Din: I believe you have a picture of the back of this building? Can we look at that a second? Wasn't there another one? Okay. Is that what we're trying to screen? Doug Onhaizer: Yes the trees. We're putting the monopole actually where there aren't any existing trees. That is one of the conditions we cannot take down any additional trees. We have some issues because a lot of the trees or most of the trees are in the easement, the Dominion Power easement, which we don't have any responsibility to control over. They trim them on a regular basis to keep them from falling on the power lines. I believe this particular area and this is obvious screened. It might be in this particular area that we're talking about from that visual perspective. William Din: Okay. I really don't believe that screening is not going to screen all the towers because you say it's 160 feet tall. It is only going to screen the base building. Doug Onhaizer: That's true. William Din: Okay. I would rethink the kind of tree you're going to put there too close to this area. Doug Onhaizer: We'll take any suggestions. I think if we remove the actual reference to the type of tree. It might be helpful. Dorothy Wood: Are there any other comments? Do you want to call the opposition? Joseph Strange: We have two people in opposition. The first person is Paul Schiffbauer who is going to pass, and Ruth Hise. Paul Schiffbauer: She is already gone. Dorothy Wood: Do I hear a motion? Barry. Barry Knight: I make a motion we approve the application. Item # 11 City of Virginia Beach Page 5 Stephen White: Ms. Wood, that is with the new condition that was introduced. Dorothy Wood: Thank you. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the application of City of Virginia Beach Communications and Information Technology has been approved. f #) Conditional Zoning - Recorded Proffers City of Virginia Beach �tt,rR,vt-ur.)rsM. I CNY�, I it" Lgl Lit r rc CUP —Communication Tower