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HomeMy WebLinkAboutJANUARY 9, 2007 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER„ Centerville -District 1 BARBARA M. HENLEY, Princess Anne — District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach — District 6 RON A. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven-District 5 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY- LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER. MMC I. II. CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 9 JANUARY 2007 CITY MANAGER'S BRIEFINGS CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE. -(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com - Conference Room - A. WORKFORCE HOUSING Andrew Friedman, Director, Housing and Neighborhood Preservation B. NEWS RACK REGULATION STATUS Mike Eason, Resort Programs Administrator CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 1:30 PM 3:30 PM I VI. FORMAL SESSION - Council Chamber - 6:00 PM II A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Stanley Sawyer, DD Pastor, All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 12, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY 549 Aragona Boulevard 2. FY 2006-07 CAPITAL BUDGET AMENDMENTS SUPPLEMENTAL APPROPRIATIONS: a. $23,728,000 to various Capital Projects b. $3,537,000 to various School Projects I. PUBLIC COMMENT 1. NEWS RACK REGULATIONS J. CONSENT AGENDA K. ORDINANCES/RESOLUTION Ordinances to AMEND City Code: a. §§35-163 and 35-169 re collectors' record retention requirements for lodging and admissions taxes b. § 18-49 re local license tax for alcoholic beverages at day spas C. §35-138.1 re food and beverage tax exemption for mandatory gratuities, tips and service charges 2. Ordinance to AUTHORIZE the City Manager to execute documents re sale of EXCESS CITY -OWNED PROPERTY at 549 Aragona Boulevard to South Hampton Roads Habitat for Humanity, Inc., re spot blight abatement. 3. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-of- way: a. MICHAEL J. and HELEN V. STANDING, t/a WATERMAN'S RESTAURANT at 5d' Street re the construction and maintenance of a roof overhang DISTRICT 6 — BEACH b. STIHL INCORPORATED at International Parkway, Hawkeye Court and London Bridge Road re the construction and maintenance of high density polyethylene conduit for fiber optic and copper computer cables DISTRICT 6 — BEACH C. KEMPSVILLE CROSSING COMMUNITY ASSOCIATION, INC., at Kempsville Road and Kempsville Crossing Lane re the maintenance of two (2) existing neighborhood subdivision signs, landscaping, electric meters, pedestals and flood lights DISTRICT 1 — CENTERVILLE 4. Resolution to ENDORSE and PROMOTE the brand name "Hampton Roads, America's First Region" (HR-AFR). Ordinances to ACCEPT and APPROPRIATE: a. $23,828,000 of Fund Balance from the General Fund; $3,260,000 within the Fund Balance from the General Fund; $210,000 from the Water and Sewer Utility Fund Balance and $35,000 from the Storm Water Utility Fund to the General Fund re various Capital Projects and Operating Budget needs: 1. $3,260,000 of Fund Balance from the General Fund, $210,000 Water and Sewer Utility Fund Balance and $35,000 from the Storm Water Utility Fund to the General Fund designated for GASB 45 re unfunded Retiree health care liabilities 2. $23,728,000 of Fund Balance from the General Fund: (a) $500,000 to Shore Drive Corridor Improvements, Phase II (b) $500,000 to Shore Drive Corridor Improvements, Phase III (c) $1,500,000 to Shore Drive Corridor Improvements, Phase IV (d) $1,000,000 to Shore Drive Interim Safety Improvements (e) $800,000 for the preliminary design of a new Bayside Community Center (f) $320,000 to the Constitution Drive Extended Project (g) $2,300,000 for a new Fire and Rescue Station — Chesapeake Beach (h) $200,000 to the Town Center Pedestrian Bridge project (i) $2,100,000 to the Congestion Relief/Safety Improvement Program 0) $800,000 for the Storm Water Maintenance Backlog (k) $1,000,000 to the Pavement Maintenance Program (1) $500,000 to Pedestrian System Improvements, Phase I (m) $1,260,000 to Park Playground Renovations, Phase II (n) $6,550,000 to replenish the Various Site Acquisitions Project (o) $108,000 for the 31" Street Parking Garage settlement (p) $90,000 to the 31St Street Stage and Restrooms Project (q) $1,500,000 for roadway and safety improvements on Avalon Avenue — Avalon Woods (r) $300,000 to the Rural Roads Project for intersection improvements at Princess Anne and Pleasant Ridge Roads (s) $600,000 for the design of a new Fire and Rescue Station — Blackwater (t) $1,300,000 to the Regional Homeless Housing Project — Site Acquisition (u) $500,000 to the Kempsville Greens Golf Course Community Stormwater Bank Stabilization Project 3. $100,000 of Fund Balance from the General Fund to the FY2006-07 Operating Budget of the Arts and Humanities Commission: (a) $10,000 to acquire a third piece for the Convention Center video wall (b) $90,000 to acquire public artwork for the Sandler Center for the Performing Arts at Virginia Beach b. $11,811,607 in FY 2005-06 School Reversion Funds to FY 2006-07 School Operating Budget and School Capital Budget: 1. $2,144,000 to "Instructional Technology" for various technology projects 2. $1,000,000 to establish the School Equipment Replacement Special Revenue Fund 3. $2,674,607 to the Instructional Category re various instructional materials and equipment 4. $1,072,000 to "School Operating Budget Support" re school plant projects 5. $321,000 to "School Human Resources/Payroll System" re system upgrade 6. $100,000 to Operations and Maintenance re school landscape services 7. $4,500,000 to the Instructional Category for pre -funding a portion of the FY 2007-08 annual retirement contribution C. $1,030,247 in State and Federal Revenues and $1,000,000 in Fund Balance to the FY 2006-07 Department of Human Services Operating Budget re adding nine (9) full time positions and providing additional mental heath, mental retardation and social services: 1. $53,606 re increased Medicaid caseload management 2. $75,000 re community-based programs to divert individuals with mental illness from jail 3. $901,641 re ongoing psychiatric care, nursing and respite services 4. $1,000,000 re housing services to disabled adults; and AUTHORIZE the City Manager to purchase services from Virginia Beach Community Development Corporation (VBCDC) d. $175,000 grant from the Virginia Department of Conservation and Recreation re a series of water quality enhancement projects: 1. $73,500 to Lynnhaven Watershed Restoration 2. $101,500 to Water Quality Participation e. $88,130 from the Virginia Office of Emergency Medical Services (EMS) "Four -for - Life" program to the FY 2006-07 Emergency Medical Services Department Operating Budget re additional computer equipment, twelve (12) lead defibrillators and associated medical equipment 6. Ordinances re the Department of Libraries FY 2006-07 Operating Budget: a. APPROPRIATE $11,000 and AUTHORIZE the use of a collection agency re overdue library material retrieval b. TRANSFER $150,000 re support for the purchase of a records management inventory control system L. PLANNING 1. Application of STEPHEN and LORI BURWELL for an enlargement of a nonconforming use at 310 45t` Street to add two (2) small one-story additions. DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 2. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for PYONG TU CHO at 1212 North Inlynnview Road to subdivide the existing two lots and develop a new lot for a single family dwelling. DISTRICT 5 — LYNNHAVEN APPLICANT REQUEST RECOMMENDATION INDEFINITE DEFERRAL DENIAL 3. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for ROSE ANNA ETHERIDGE at 2934 Princess Anne Road to demolish the existing structure and construct an appropriate replacement. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of CINGULAR WIRELESS for a Conditional Use Permit to install a wireless communications tower on an existing VEPCO transmission tower at 5638 Baccalaureate Drive (Campus East and Lake Edward). DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 5. Application of MILITARY AVIATION MUSEUM for a Conditional Use Permit for a museum within an existing airport hanger at Gum Bridge and Princess Anne Roads. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 6. Application of CHARLES M. and DAWN R. RICHT for a Conditional Use Permit for an alternative residential development (three single-family lots) at Princess Anne Road and Munden Point Road. DISTRICT 7 — PRINCESS ANNE "3M��100:91 lKOM APPROVAL 7. Application of SAINT JAMES MISSIONARY CHURCH for a Conditional Use Permit for a childcare center and before/after school program within an existing church at 5724 Old Providence Road. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL M. APPOINTMENTS COMMUNITY SERVICES BOARD — CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 10 (Workshop) April 17 (Workshop) April 19 (Public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Agenda 01/02/2007mb/sb www.vbgov.com Council Conference Room Council Conference Room Tallwood High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30 PM II. A. WORKFORCE HOUSING Andrew Friedman, Director, Housing and Neighborhood Preservation B. NEWS RACK REGULATION STATUS Mike Eason, Resort Programs Administrator CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION A. C. no E. CALL TO ORDER — Mayor Meyers E. Oberndorf - Council Chamber - 6:00 PM INVOCATION: Reverend Stanley Sawyer, DD Pastor, All Saints Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 12, 2006 G. AGENDA FOR FORMAL SESSION 2 = O ?2 ';94�d � � S O�Ci OF OUR NAt��N 41, aroolUt tott CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC BEARINGS 1. SALE OF EXCESS CITY PROPERTY 549 Aragona Boulevard 2. FY 2006-07 CAPITAL BUDGET APPROPRIATIONS: a. $23,728,000 to various Capital Projects b. $3,537,000 to various School Projects PUBLIC COMMENT 1. NEWS RACK REGULATIONS AMENDMENTS SUPPLEMENTAL PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUB - UC HEARING on the disposition and sale of excess city property acquired pursuant to the Spot Blight Abatement Program, Tuesday, January 9, 2007, at 6:00 p.m., in the Council Cham- ber of the City Hall Building (Building #1) at the Vir- ginia Beach Municipal Center, Virginia Beach, Vir- ginia. The property is located at 549 Aragona Boulevard (GPIN: 1477-18-3024). The purpose of this Hearing will be to obtain public input to deter- mine whether this property should be declared "Excess of the City's needs". If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone .number is (757) 385-4161. Ruth Hodges Smith, MMC City Clerk Beacon Dec. 31, 2006 16315592 NOTICE OF PUBLIC HEARING Amendment to the FY 2006-07 Capital Budget: Supplemental Appropriation of $23,728,000 to Various Capital Projects On Tuesday, January 9, 2007, at 6:00 p.m. in the City Council Chamber, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2006-2007'Capital Budget. At this meeting, the City Council will be voting on amendments to the Operating and Capital Budgets totaling $27,333,000. Of this $27,333,000, an amendment of $3,605,000 is proposed to the Operating Budget and an amendment of $23,728,000 is proposed to the Capital Budget. The supplemental appropriation to the Capital Budget of $23,728,000 is being proposed to the following capital projects: Project Description Amount Design, site acquisition, and private utility adjustments for Shore Drive $2,500,000 Corridor Im rovements, Phases II, III, and IV Interim safety improvements for Shore Drive $1,000,000 Design for Bayside Commons Community Services Facility $800,000 City's share of 35% design for Constitution Drive Extended $320,000 Design and site acquisition for a replacement facility for Fire and Rescue $2,300,000 Station - Chesapeake Beach Remainingdesign cost forTown Center Pedestrian Bridge $200,000 Additional turn lanes as part of a new Congestion Relief/Safety $2,100,000. Improvement Program Engineering/drainage studies on neighborhood flooding, and the structure for Stumpy Lake as part of a $800,000 lengthening/improving outfall new addressing Storm Water Maintenance Backlog project Additional repaving for the Pavement Maintenance Program $1,000,000 Improvements to the City's sidewalk system to improve pedestrian safety $500,000 Replacement of playground equipment based on regulatory mandate $1,260,000 Replenish Various Site Acquisitions project $6,550,000 Settlement with Professional Hospitality Resources/Gold Key Resorts $108,000 regarding construction of the 31 st Street parking garage To construct, in partnership with Professional Hospitality Resources/Gold Key Resorts a new permanent stage and restroom facilities at 31 n Street $90,000 Park Construction of 3,600 feet of roadway & related improvements in Avalon $1,500,000 Woods For a turn lane on Princess Anne Road at the intersection of .Princess $300,000 Anne Road and Pleasant Ridge Road Design for a replacement facility for Fire and Rescue Station — Blackwater $600,000 City's share of site acquisition cost to develop permanent rental housing $1,300,000 for the single homeless Stabilize banks of storm water ponds #1 and #11 at Kempsville Greens $500,000 Golf Course TOTAL $23,728,000 Individuals desiring to provide written comments may do so rc5, by contacting the City Clerk's office at 385-4303. If you�� ' are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing �U impaired, call Virginia Relay at 1-800-828-1120. Ruth Hodges Fraser, MMC y"��S ��°✓ n•a.. r��,.,.i. C+,°F Doss �AtO.,�i''l , UILy r,�w� NOTICE OF PUBLIC HEARING Amendment to the FY 2006-07 Capital Budget: Supplemental Appropriation of $3,537,000 to Various School Capital Projects On Tuesday, January 9, 2007, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2006-2007 Capital Budget. The Public Hearing will be held at 6:00 p.m. in the City Council Chamber, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia. At this meeting, the City Council will be oting on amendments to the Operating and Capital Budgets totaling $11,811,607 in Virginia Beach School Reversion Funds. Of this $11,811,607, it is proposed that $ 8,274,607 be appropriated to the Operating Budget and $3,537,000 to the Capital Budget for school projects. The supplemental appropriation to the Capital Budget of $3,537,000 is being proposed to the following capital projects: Project Description Amount Instructional Technology $2,144,000 School Operating Budget Support for $1,072,000 Various School Plant Projects School Human Resources/Payroll $321,000 System TOTAL $3,537,000 Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call Virginia Relay at 1-800-828-1120. Ruth Hodges Fraser, MMC City Clerk CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinances to AMEND City Code: a. §§35-163 and 35-169 re collectors' record retention requirements for lodging and admissions taxes b. § 18-49 re local license tax for alcoholic beverages at day spas C. §35-138.1 re food and beverage tax exemption for mandatory gratuities, tips and service charges 2. Ordinance to AUTHORIZE the City Manager to execute documents re sale of EXCESS CITY -OWNED PROPERTY at 549 Aragona Boulevard to South Hampton Roads Habitat for Humanity, Inc., re spot blight abatement. 3. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-of- way: a. MICHAEL J. and HELEN V. STANDING, t/a WATERMAN'S RESTAURANT at 5th Street re the construction and maintenance of a roof overhang DISTRICT 6 — BEACH b. STIHL INCORPORATED at International Parkway, Hawkeye Court and London Bridge Road re the construction and maintenance of high density polyethylene conduit for fiber optic and copper computer cables DISTRICT 6 — BEACH C. KEMPSVILLE CROSSING COMMUNITY ASSOCIATION, INC., at Kempsville Road and Kempsville Crossing Lane re the maintenance of two (2) existing neighborhood subdivision signs, landscaping, electric meters, pedestals and flood lights DISTRICT 1 — CENTERVILLE 4. Resolution to ENDORSE and PROMOTE the brand name "Hampton Roads, America's First Region" (HR-AFR). 5. Ordinances to ACCEPT and APPROPRIATE: a. $23,828,000 of Fund Balance from the General Fund; $3,260,000 within the Fund Balance from the General Fund; $210,000 from the Water and Sewer Utility Fund Balance and $35,000 from the Storm Water Utility Fund to the General Fund re various Capital Projects and Operating Budget needs: 1. $3,260,000 of Fund Balance from the General Fund, $210,000 Water and Sewer Utility Fund Balance and $35,000 from the Storm Water Utility Fund to the General Fund designated for GASB 45 re unfunded Retiree health care liabilities 2. $23,728,000 of Fund Balance from the General Fund: (a)$500,000 to Shore Drive Corridor Improvements, Phase II (b) $500,000 to Shore Drive Corridor Improvements, Phase III (c)$1,500,000 to Shore Drive Corridor Improvements, Phase IV (d) $1,000,000 to Shore Drive Interim Safety Improvements (e)$800,000 for the preliminary design of a new Bayside Community Center (f) $320,000 to the Constitution Drive Extended Project (g) $2,300,000 for a new Fire and Rescue Station — Chesapeake Beach (h) $200,000 to the Town Center Pedestrian Bridge project (i) $2,100,000 to the Congestion Relief/Safety Improvement Program 0) $800,000 for the Storm Water Maintenance Backlog (k) $1,000,000 to the Pavement Maintenance Program (1) $500,000 to Pedestrian System Improvements, Phase I (m) $1,260,000 to Park Playground Renovations, Phase II (n) $6,550,000 to replenish the Various Site Acquisitions Project (o) $108,000 for the 31" Street Parking Garage settlement (p) $90,000 to the 31St Street Stage and Restrooms Project (q) $1,500,000 for roadway and safety improvements on Avalon Avenue — Avalon Woods (r) $300,000 to the Rural Roads Project for intersection improvements at Princess Anne and Pleasant Ridge Roads (s) $600,000 for the design of a new Fire and Rescue Station — Blackwater (t) $1,300,000 to the Regional Homeless Housing Project — Site Acquisition (u) $500,000 to the Kempsville Greens Golf Course Community Stormwater Bank Stabilization Project 3. $100,000 of Fund Balance from the General Fund to the FY2006-07 Operating Budget of the Arts and Humanities Commission: (a)$10,000 to acquire a third piece for the Convention Center video wall (b) $90,000 to acquire public artwork for the Sandler Center for the Performing Arts at Virginia Beach b. $11,811,607 in FY 2005-06 School Reversion Funds to FY 2006-07 School Operating Budget and School Capital Budget: 1. $2,144,000 to "Instructional Technology" for various technology projects 2. $1,000,000 to establish the School Equipment Replacement Special Revenue Fund 3. $2,674,607 to the Instructional Category re various instructional materials and equipment 4. $1,072,000 to "School Operating Budget Support" re school plant projects 5. $321,000 to "School Human Resources/Payroll System" re system upgrade 6. $100,000 to Operations and Maintenance re school landscape services 7. $4,500,000 to the Instructional Category for pre -funding a portion of the FY 2007-08 annual retirement contribution C. $1,030,247 in State and Federal Revenues and $1,000,000 in Fund Balance to the FY 2006-07 Department of Human Services Operating Budget re adding nine (9) full time positions and providing additional mental heath, mental retardation and social services: 1. $53,606 re increased Medicaid caseload management 2. $75,000 re community-based programs to divert individuals with mental illness. from jail . 3. $901,641 re ongoing psychiatric care, nursing and respite services 4. $1,000,000 re housing services to disabled adults; and AUTHORIZE the City Manager to purchase services from Virginia Beach Community Development Corporation (VBCDC) d. $175,000 grant from the Virginia Department of Conservation and Recreation re a series of water quality enhancement projects: 1. $73,500 to Lynnhaven Watershed Restoration 2. $101,500 to Water Quality Participation e. $88,130 from the Virginia Office of Emergency Medical Services (EMS) "Four -for - Life" program to the FY 2006-07 Emergency Medical Services Department Operating Budget re additional computer equipment, twelve (12) lead defibrillators and associated medical equipment 6. Ordinances re the Department of Libraries FY 2006-07 Operating Budget: a. APPROPRIATE $11,000 and AUTHORIZE the use of a collection agency re overdue library material retrieval b. TRANSFER $150,000 re support for the purchase of a records management inventory control system Sec. 35-141. Collectors' records. It shall be the duty of every person liable for the collection and payment to the city of any tax imposed by this article to keep and preserve, for a period of five (5) years, records showing all purchases taxable under this article, the amount charged the purchaser for each such purchase, the date of each purchase, the taxes collected thereon, the amount of tax required to be collected by this article, and such other information as may be determined by the commissioner of the revenue to be necessary to assess the amount of tax such person may have been responsible for collecting and paying to the city. The commissioner of revenue shall have the power to inspect and make copies of such records at all reasonable times for the purpose of administering and enforcing the provisions of this article. (Code 1965, § 33-84; Ord. No. 2475, 2-24-98) 3G,346, '84ic CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Sections 35-163 and 35-189 Pertaining to Collector's Records MEETING DATE: January 9, 2007 ■ Background: The Code of Virginia authorizes local governments to levy taxes on transients obtaining lodging and admissions to events. Sections 35-163 and 35-189 of the City Code require persons liable for the collection and payment of these taxes to preserve for two years records that may be necessary to determine the amount of taxes that must be collected and paid to the City. Section 35-141 of the City Code requires persons liable for the collection and payment of meals taxes to preserve for five years records that may be necessary to determine the amount of taxes that must be collected and paid to the City. ■ Considerations: The proposed amendment extends the retention period for records related to the lodging tax and the admissions tax to five years to make these sections consistent with the meals tax retention requirement. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Adopt the proposed ordinance extending the retention period for documents relating to the transient occupancy tax and the admissions tax to five years. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager: t� �i Commissioner of the Revenue law 1 AN ORDINANCE TO AMEND CITY CODE SECTIONS 35- 2 163 AND 35-189 PERTAINING TO COLLECTORS' 3 RECORDS 4 5 SECTIONS AMENDED: §§ 35-163 AND 35-189 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Sections 35-163 and 35-189 are hereby amended and 10 reordained to read as follows: 11 Sec. 35-163. Collector's records. 12 It shall be the duty of every person liable for the collection 13 and payment to the city of any tax imposed by this article to keep 14 and to preserve, for a period of five (5) years, such 15 suitable records as may be necessary to determine the amount of 16 such tax as he may have been responsible for collecting and paying 17 to the city. The commissioner of revenue may inspect such records 18 at all reasonable times. the city. The commissioner of revenue may 19 . . . . 27 all 20 Sec. 35-189. Collector's records. 21 It shall be the duty of every person liable for the collection 22 and payment to the city of any tax imposed by this article to keep 23 and to preserve, for a period of five (5) years, such 24 suitable records as may be necessary to determine the amount of 25 such tax he may have been responsible for collecting and paying to 26 the city. The commissioner of revenue may inspect such records at 27 all reasonable times. 1 28 COMMENT: 29 30 These amendments require persons who are liable for the collection of taxes on transients 31 obtaining lodging and persons who are liable for the collection of taxes on meals to retain records 32 regarding those taxes for five years. 33 34 Adopted by the City Council of the City of Virginia Beach, 35 Virginia, on this day of , 2007. APPROVED AS TO CONTENT: i - - APPROVED AS TO LEGAL SUFFICIENCY: City Attorn y's 0 fice CA1O235 V:\applications\citylawprod\cycom32\Wpdocs\D019\P001\00025156.DOC R-4 January 2, 2007 E CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 18-49 Pertaining to Alcoholic Beverages MEETING DATE: January 9, 2007 ■ Background: The Code of Virginia authorizes local governments to assess certain businesses with local license taxes for manufacturing, bottling, selling or dispensing alcoholic beverages. Section 18-49 of the City Code outlines various types of business licenses and the corresponding license taxes for businesses engaged in manufacturing, bottling, selling or dispensing alcoholic beverages. ■ Considerations: The proposed amendment would add a category for day spa licenses to section 18-49 as permitted by the Code of Virginia. The local license tax per year for a day spa license to dispense alcoholic beverages would be $20. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Adopt the proposed ordinance authorizing a license tax of $20 for day spa businesses that manufacture, bottle, sell or dispense alcoholic beverages. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenue City Manager: b`�Z 1 AN ORDINANCE TO AMEND CITY CODE SECTION 18-49 2 PERTAINING TO ALCOHOLIC BEVERAGES 3 4 SECTION AMENDED: § 18-49 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 18-49 is hereby amended and reordained to read as 9 follows: 10 Sec. 18-49. Alcoholic beverages --Generally. 11 (a) Every person engaged in manufacturing, bottling, selling 12 or dispensing alcoholic beverages shall pay license taxes in the 13 following sums, per annum: 14 (1) For each distiller's license, if more than 5,000 gallons 15 of spirits are manufactured during the license year, 16 including bottling, $1,000.00. 17 (2) For each winery license, $50.00. 18 (3) For each brewery license, including bottling, $1,000.00. 19 (4) For each bottler's license, $500.00. 20 (5) For each wholesale beer license, $250.00. 21 (6) For each wholesale wine distributor's license, $50.00. 22 (7) For each retail on -premises wine and beer license for a 23 hotel, restaurant, gift shop, gourmet shop, convenience 24 grocery store or club; for each retail off -premises wine 25 and beer license; and for each on and off -premises wine 26 and beer license, $150.00. 1 27 28 (8) For each retail on -premises beer license for a hotel, 29 restaurant or club; for each retail off -premises beer 30 license; for each on- and off -premises beer license; and 31 for each druggist license, $100.00. 32 (9) For each bed & breakfast license, $40.00. 33 (10) For each day spa license, $20.00. 34 (b) The licenses referred to in subsection (a) above shall be 35 as respectively defined by the Alcoholic Beverage Control Act of 36 the state, as amended, and the terms "alcoholic beverages", 37 "alcohol", "spirits", "beer" and "wine", wherever used in this 38 section shall have the meanings respectively ascribed to them by 39 such act. 40 (c) No license shall be issued under this section to any 41 person, unless such person shall hold or shall secure 42 simultaneously therewith the proper state license required by the 43 Alcoholic Beverage Control Act. Such state license shall be 44 exhibited to the commissioner of revenue. 45 (d) Any license issued under this section may be amended to 46 show a change in the place of business within the city. Any such 47 license may be transferred from one person to another; provided the 48 person to whom transferred holds, at the same time, a similar 49 license from the state alcoholic beverage control commission. 50 (e) In imposing wholesale merchant's license taxes measured ON 51 by purchases and retail merchant's license taxes measured by sales 52 and restaurant license taxes measured by sales under the provisions 53 of this chapter, other than the provisions of this section, 54 alcoholic beverages shall be included in the base or bases for 55 measuring such license taxes the same as if the alcoholic beverages 56 were nonalcoholic. No alcoholic beverage license tax levied under 57 this section shall be construed as exempting any licensee from any 58 merchant's or restaurant license tax, and such merchant's and 59 restaurant license taxes shall be in addition to the alcoholic 60 beverage license taxes levied hereby; provided, however, that in 61 determining the liability of a beer wholesaler or wholesale wine 62 distributor to merchant's license taxation under this chapter, 63 there shall be deducted from such merchant's license tax the amount 64 of the specific license tax imposed under this section and paid by 65 such beer wholesaler or wholesale wine distributor. 66 COMMENT: 67 68 This amendment adds a license tax of $20.00 for day spas that engage in manufacturing, 69 bottling, selling or dispensing alcoholic beverages. Section 4.1-233 of the Code of Virginia permits the 70 City to collect this license tax on day spas. This amendment further clarifies that the enumerated 71 businesses must pay license taxes if engaged in manufacturing, bottling, selling, or dispensing alcoholic 72 beverages. 73 74 Adopted by the City Council of the City of Virginia Beach, 75 Virginia, on this day of 2007. 3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 14 vo, S. . le 1 /11-1 - Commissioner W the Revenue City Attorney6t Office CA10234 V:\applications\citylawprod\cycom32\Wpdocs\D019\P001\00025155.DOC R-3 December 29, 2006 4 .�su:ee+c �orr� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 35-138.1 Pertaining to Gratuities and Service Charges MEETING DATE: January 9, 2007 ■ Background: The Code of Virginia authorizes local governments to levy a meals tax. Section 35-138.1 of the City Code sets forth the treatment of gratuities for meals tax purposes. Discretionary gratuities are not subject to the local meals tax. Under the current City Code, mandatory gratuities are subject to the local meals tax. ■ Considerations: Earlier this year, the Code of Virginia was amended to clarify that mandatory gratuities, tips, and service charges are exempt from the meals tax in the same manner as discretionary gratuities, to the extent that such mandatory gratuities do not exceed 20% of the sales price. The proposed amendment will bring the City Code into conformance with the amended Virginia Code provision. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Adopt the proposed ordinance exempting mandatory gratuities from the meals tax in the same manner as discretionary gratuities to the extent that such mandatory gratuities do not exceed 20% of the sales price. ■ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Commissioner of the Revenue City Manager: �( 1 AN ORDINANCE TO AMEND CITY CODE SECTION 35- 2 138.1 PERTAINING TO GRATUITIES AND SERVICE 3 CHARGES 4 5 SECTION AMENDED: § 35-138.1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 35-138.1 is hereby amended and reordained to read 10 as follows: 11 Sec. 35-138.1. Gratuities and service charges. 12 (a) Where a purchaser provides a gratuity for an employee of 13 a seller, and the amount of the gratuity is wholly in the 14 discretion of the purchaser, the gratuity is not subject to the tax 15 imposed by this article,- whether paid in cash to the employee or 16 added to the bill and charged to the purchaser's account; provided, 17 in the latter case, that the full amount of the gratuity is turned 18 over to the employee by the seller. 19 (b) An amount or percent, whether designated as a gratuity, 20 tip, or service charge, that is added to the price of the meal by 21 the seller, and required to be paid by the purchaser, 3s—agate€ 22 the -selling --p riee-e f the -f tele des- s ub j eette the taiE IR115esed-4ay 23 this a-rtie-le to the extent that such mandatory gratuity, tip or 24 service charge does not exceed 200 of the sales price, is not 25 subject to the tax imposed by this article. 26 COMMENT: 27 This amendment exempts mandatory gratuities, tips, and service charges from the food and 1 28 beverage tax in the same manner as discretionary gratuities to the extent that such mandatory gratuities 29 do not exceed 20% of the sales price. This amendment conforms the City Code to Virginia Code section 30 58.1-3833. 31 Adopted by the City Council of the City of Virginia Beach, 32 Virginia, on this day of , 2007. APPROVED AS TO CONTENT: • 0 1Gr -- commissioneAkf the Revenue APPROVED AS TO LEGAL SUFFICIENCY: 1�Y11�LL L City Attorney's ffi CA10236 V:\applications\citylawprod\cycom32\Wpdocs\D019\P001\00025158.DOC R-2 December 28, 2006 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sale of Excess City Property 549 Aragona Boulevard, Virginia Beach, Virginia pursuant to Spot Blight Abatement Program MEETING DATE: January 9, 2007 ■ Background: The City acquired 549 Aragona Boulevard in November 2004 from Virginia Williams by condemnation pursuant to the Spot Blight Abatement Program. The property was acquired after the owner failed for years to address significant code violations. The existing structure was in need of extensive repairs and was demolished by the City. When City Council authorized the acquisition of this property in 2004 to remove the blight, City Council anticipated resale of the property to a not-for-profit organization that would construct a new single-family dwelling. After construction, the property would then be sold to a qualified owner -occupant. An advertisement seeking proposals for the property ran in late October 2005. Of the proposals received, City Council selected South Hampton Roads Habitat for Humanity, Inc. ("Habitat"), a Virginia non -stock corporation. Habitat's proposal is to construct a new three bedroom home for sale to a first-time homebuyer. Habitat will purchase the property for a total of $90,000. Habitat will pay $44,000 in cash and execute a note for the remaining $46,000.00 ("Note"). The Note will be secured by a deed of trust encumbering the property. When Habitat resells the property to a third party, financing the sale, the deed of trust will be subordinated to a lien in favor of Habitat, as long as that third party assumes the obligations under the Note as set forth in the purchase agreement between Habitat and the City. Also, the City will have the right to require immediate repayment on the Note if Habitat or the ultimate owner of the property use the property as collateral or refinance the obligations secured by the property without the consent of the City. Using this approach keeps the property affordable but prevents windfall profits to the homeowner. Staff will work with Habitat on the details of the house to be built to be sure it conforms to the character of the neighborhood and will meet the City's desired quality and appearance. ■ Public Information: Requests for Proposal advertised in the Virginian -Pilot October 2005. Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Re -advertise and seek new proposals, select among other proposals, or retain ownership. ■ Recommendations: Authorize the City Manager to execute all necessary documents to convey the property to Habitat subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. ■ Attachments: Ordinance, Location Map, and Summary of Terms. Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate and UP3 P Housing and Neighborhood Preservation City Manager: ' 1 AN ORDINANCE DECLARING 549 ARAGONA 2 BOULEVARD IN EXCESS OF THE CITY'S 3 NEEDS AND AUTHORIZING THE CITY 4 MANAGER TO DISPOSE OF SAME 5 6 7 WHEREAS, by ordinance adopted April 13, 2004, 8 pursuant to the Spot Blight Abatement Program, the City 9 Council of the City of Virginia Beach authorized the 10 acquisition, by agreement or condemnation, of property 11 generally known as 549 Aragona Boulevard, Virginia Beach, 12 Virginia 23462 (the "Property") more particularly described 13 on Exhibit "A" attached hereto, for the purpose of abating 14 spot blight on the Property; 15 WHEREAS, the April 13, 2004 ordinance provided 16 that the City shall resell the Property to South Hampton 17 Roads Habitat for Humanity, Inc., a similar not-for-profit 18 organization, or other entity, which would construct a new 19 single-family dwelling on the Property, and the ordinance 20 further provided that after construction, the Property 21 would be sold to a qualified owner -occupant; 22 WHEREAS, the City acquired the Property by 23 condemnation by Order of the Virginia Beach Circuit Court 24 entered November 10, 2004, and recorded as Instrument 25 Number 20041112001804070 in the Clerk's Office of the 26 Circuit Court of the City of Virginia Beach; 27 WHEREAS, prior to the City's acquisition the 28 Property had been declared as unfit for human habitation; 29 WHEREAS, after acquiring the Property, the City 30 demolished the house and the property is suitable for new 31 construction; 32 WHEREAS, the City solicited and received 33 proposals from not-for-profit organizations, and the City 34 Council is of the opinion that of the proposals timely 35 received, the proposal submitted by South Hampton Roads 36 Habitat for Humanity, Inc., a Virginia non -stock 37 corporation, is the proposal that best meets the interests 38 of the City, the public and the residents of the 39 neighborhood in which the Property is located, and that the 40 terms of the Purchase Agreement adequately ensure that the 41 Property will be timely rehabilitated and sold to a 42 qualified owner -occupant. 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 44 THE CITY OF VIRGINIA BEACH, VIRGINIA: 45 That the Property as described in Exhibit "A" is 46 hereby declared to be in excess of the needs of the City of 47 Virginia Beach and that the City Manager is hereby 48 authorized to execute a Purchase Agreement and any 49 documents necessary to convey the property to South Hampton 50 Roads Habitat for Humanity, Inc., a Virginia non -stock 51 corporation, in accordance with the attached Summary of 52 Terms. marked as Exhibit `%B", and such other terms, 53 conditions or modifications as may be satisfactory to the 54 City Attorney. 55 This ordinance shall be effective from the date 56 of its adoption. 57 Adopted by the Council of the City of Virginia 58 Beach, Virginia, on the day of , 2007. APPROVED AS TO CONTENT PLIAic Works R£A1 E'57FU£ APPROVED AS TO CONTENT Housing and Neighborhood Preservation APPROVED AS TO LEGAL SUFFICIENCY Ci*y.A. rney CA -10160 \\vbgov.com\dfsl\applications\citylawprod\cycom32\Wpdocs\D005\P001\00024503.DCC R -,Z 12/5/2006 EXHIBIT A GPIN: 1477-18-3024-0000 (549 Araqona Boulevard All that certain lot, tract or parcel of land together with all improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as Lot One (1), in Block C, as shown on that certain subdivision plat entitled: "SUBDIVISION OF ARAGONA VILLAGE, SECTION I, PRINCESS ANNE COUNTY, VA," dated February 1955, and prepared by Frank D. Tarrall, Jr. and Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 38, at pages 42A and 42B, to which reference is made for a more particular description. It being the same property conveyed to the City of Virginia Beach by Order entered November 10, 2004 and recorded in the aforesaid Clerk's Office of the Circuit Court as Instrument No. 20041112001804070. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 549 ARAGONA BOULEVARD SELLER: City of Virginia Beach PURCHASER: South Hampton Roads Habitat for Humanity, Inc., a Virginia non stock corporation, PROPERTY: Land at 549 Aragona Boulevard, Virginia Beach, Virginia 23462 GPIN: 1477-18-3024 SALE PRICE: $90,000 ($44,000 in cash and a lien for the remaining $46,000) OTHER TERMS OF SALE • Buyer to purchase "AS IS". • Buyer intends to use the property for residential development and shall, after development/restoration, transfer the property to an owner -occupant of low to moderate income. • Buyer shall commence renovation substantially in accordance with plans submitted with its proposal within 60 days after delivery of possession and continue steadily until work is completed. Occupancy permit to be obtained within 180 days after delivery of possession. • The City will place a lien against the property for $46,000 (the difference between the appraised value of $90,000 and the cash amount of $44,000 paid by Habitat). This $46,000 lien will be subordinated to a lien in favor of Habitat when Habitat resells the property to a third party and finances that sale. However, that third party must assume the obligations under the lien and the purchase agreement between Habitat and the City. Also, the City would have the right to require repayment of the lien if the Buyer or ultimate owner should seek to use the property as collateral or refinance. Deed to Buyer will contain a repurchase right, triggered by Buyer's failure to timely renovate the property. Other terms contained in the Purchase Agreement signed by South Hampton Roads Habitat for Humanity, Inc., a Virginia non -stock corporation, and/or deemed satisfactory by the City Attorney. I SITE 4?) S N W�E S 2427-32-1913 03 O O City Property LOCATION MAP Jai LOCATION MAP PROPERTY OF MICHAEL J. &HELEN V. STANDING GPIN 2427-32-1913 0 100 200 400 Feet Services Bureau 11/27/06 M.J.S. X:\Projects\ARC Files\Agei 1913 u• ,��..� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into a portion of the City right-of-way known as 5th Street by Michael J. Standing and Helen V. Standing, trading as Waterman's Restaurant. MEETING DATE: January 9, 2007 ■ Background: Michael J. Standing and Helen V. Standing, trading as Waterman's Restaurant, have requested permission to construct and maintain a 16" Roof Overhang, 23' in height, into a portion of the City right-of-way known as 5th Street. ■ Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Photographs and Location Map. Recommended Action: Approval of the Ordinance. Submitting DepartmentlAgency: Public Works/Real Estate City Manager: � W` — I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF THE CITY RIGHT-OF-WAY 6 KNOWN AS 5TH STREET BY MICHAEL J. 7 STANDING AND HELEN V. STANDING, 8 TRADING AS WATERMAN'S 9 RESTAURANT. 10 11 WHEREAS, Michael J. Standing and Helen V. Standing, trading 12 as Waterman's Restaurant, desire to construct and maintain a 16" 13 Roof Overhang, 23' in height, into a portion of the City right - 14 of -way known as 5th Street, Virginia Beach, Virginia 23451. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2- 16 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 17 authorize temporary encroachments upon the City's rights-of-way 18 and property subject to such terms and conditions as Council may 19 prescribe. 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof 23 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 24 as amended, Michael J. Standing and Helen V. Standing, trading 25 as Waterman's Restaurant, their assigns and successors in title 26 are authorized to construct and maintain a temporary 27 encroachment for a 16" Roof Overhang, 23' in height, into a 28 portion of the City's right-of-way as shown on the map marked 29 Exhibit "A" and entitled: "PLAT SHOWING TEMPORARY ENCROACHMENT 30 FOR ROOF OVERHANG INTO 5" STREET FOR LOTS 1 AND 2 BLOCK 4 31 PARTIAL _PLAT PROPERTY OF VIRGINIA BEACH HOLDING CORP. MB. 7 P 32 9511, a copy of which is on file in the Department of Public 33 Works and to which reference is made for a more particular 34 description; and 35 BE IT FURTHER ORDAINED, that the temporary encroachment is 36 expressly subject to those terms, conditions and criteria 37 contained in the Agreement between the City of Virginia Beach 38 and Michael J. Standing and Helen V. Standing, trading as 39 Waterman's Restaurant (the "Agreement"), which is attached 40 hereto and incorporated by reference; and 41 BE IT FURTHER ORDAINED, that the City Manager or his 42 authorized designee is hereby authorized to execute the 43 Agreement; and 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 45 effect until such time as Michael J. Standing and Helen V. 46 Standing, trading as Waterman's Restaurant, and the City Manager 47 or his authorized designee execute the Agreement. 48 Adopted by the Council of the City of Virginia Beach, 49 Virginia, on the day of 2007. E CA -10165 X:\OID\REAL ESTATE\ Encroachments\ PW Ordinances \CA1 0165 Standing- Waterman's Restaurant Ordinance.doc V:\applications\citylawprod\cycom32\Wpdocs\D029\P001\00024033.DOC R-1 PREPARED: 11/21/06 APPROVED AS TO CONTENTS Qao7.- • `K, /Real Estate 3 APPROVED AS TO LEGAL S FFICIENCY AND FORM 1 CIT ATTORNEY s sr PRDFOS E P 1�0 90OF EAICRI iTA A %AAlTl,C O'ceA# 66. 16 6. bb, yypr9FFV4NV? �So-5N — C OAMK j� iel. ADP PAN AI GANrrC AVNUF (t&AIW) PLOT SHOWIN6 TFmpo(CRKY auckoacH wri Foe, 906� OWR HA/q,9 lura s-tl STR&cr G 6r-5 / 4vd Z �81.orK PARr►AL pl-& ,PA6 ery OF V14;/eY1, ,8FA C #01.01N VIA61,04 6F G RoAop4w YJAG IA br--Act#, va. PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this ( day of t�OUenn1Y-( , 200 ( , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MICHAEL J. STANDING AND HELEN V. STANDING, TRADING AS WATERMAN'S RESTAURANT, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lots 1 and 2, Block 4" as shown on that certain plat entitled: "PARTIAL PLAT PROPERTY OF VIRGINIA BEACH HOLDING CORP." and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 95, and being further designated, known, and described as 415 ATLANTIC AVENUE, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 16" Roof Overhang, 23' in height, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as "5fl' Street", the "Encroachment Area"; and GPIN: 2427-32-1913-0000 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PLAT SHOWING TEMPORARY ENCROACHMENT FOR ROOF OVERHANG INTO 5TH STREET FOR LOTS 1 AND 2 BLOCK 4 PARTIAL PLAT PROPERTY OF VIRGINIA BEACH HOLDING CORP. MB. 7 P 95" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the 2 Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of i' the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Michael J. Standing and Helen V. Standing, trading as Waterman's Restaurant, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200_, by DESIGNEE OF THE CITY MANAGER. My Commission Expires: 5 CITY MANAGER/AUTHORIZED Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF CITY/COUNTY OF \f� %QL @C�C.t to -wit: The foregoing instrument was acknowledged before me this i3�� day of LIC, 2006 — , by Michael J. Standing. Notary Public My Commission Expires:lac 3 t Zoog STATE OF CITY/COUNTY OF:C • Z(IC ik_ to -wit: The foregoing instrument was acknowledged before me this�1 'day of 200, by Helen V. Standing. My Commission Expires: C" _ 3 t;20251 APPROVED AS TO CONTENTS _IM�L c &-4W_rr1r1_ SI NATURE F0 �trj DEPARTMENT r t ,-Oreo -fes �:3 .o_y<- ka <'� Notary Public AP ROVED AS TO LEGAL FICIEN ND ORM MI A 71 AAl r/c OCIFIO a o! CF 6 FMPas F- tit IA(f sly. BR s Pas r d � s,o 4 VFN OF (ilb f PL'97 sNOU)/N 6 lZMPor AKY C-AtCke4Cp t r �o 900�" OVER h ANC 1IJTa Ste STkFF i 4 6T.5 I F& J� ar1t7c ---------- J * � p� ------------' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 $175,000 GRANT FROM THE VIRGINIA DEPARTMENT OF 3 CONSERVATION AND RECREATION FOR A SERIES OF 4 WATER QUALITY ENHANCEMENT PROJECTS 5 6 7 WHEREAS, the Virginia Department of Conservation and 8 Recreation has awarded the City a $175,000 state grant to undertake 9 a series of water quality enhancement projects and pilot community 10 conservation partnerships with organizations within the City's Back 11 Bay, Elizabeth River, Little Creek, Lynnhaven River and North 12 Landing River watersheds; and 13 WHEREAS, this grant requires a cash match of $175,000, which 14 is available in two capital projects, CIP #7-153, Lynnhaven 15 Watershed Restoration, and CIP #7-159, Water Quality Participation 16 Projects. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That a $175,000 state grant from the Virginia Department of 20 Conservation and Recreation is hereby accepted with $73,500 21 appropriated to CIP #7-153, Lynnhaven Watershed Restoration, and 22 $101,500 appropriated to CIP #7-159, Water Quality Participation 23 Projects, for a series of water quality enhancement projects, with 24 estimated revenues to be increased accordingly. 25 This ordinance shall be effective from the date of its 26 adoption. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia on the day of 2007. 29 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a $175,000 Grant from the Virginia Department of Conservation and Recreation for a Series of Water Quality Enhancement Projects MEETING DATE: January 9, 2007 ■ Background: Virginia Beach has been awarded $175,000 in competitive state grant funds to undertake a series of water quality enhancement projects and a pilot community conservation partnership with two community watershed organizations in the City. These enhancement projects are located in the City's Back Bay, Elizabeth River, Little Creek, Lynnhaven River, and North Landing River watersheds. The projects are intended to reduce excessive nitrogen and phosphorus concentrations in runoff to these receiving watersheds and reduce fecal coliform bacterial contamination in these receiving watersheds, thereby helping the City to meet Total Maximum Daily Load standards, the Chesapeake Bay 2000 Agreement, the Lower James Tributary Strategy, the SWAMP Special Area Management Plan goals and objectives, various water quality regulatory programs (such as Chesapeake Bay Preservation Act, Erosion and Sediment Control, and Stormwater Management), and general water quality initiatives. These grant funds require a City cash match of $175,000 to support this series of projects. Matching funds in the amount of $175,000 for the enhancement projects are available in two capital projects, $73,500 in CIP #7-153, Lynnhaven Watershed Restoration, and $101,500 in CIP #7-159, Water Quality Participation Projects. Utilization of these funds as proposed will help enhance water quality and showcase various protection efforts in many of the City's watersheds and also provide an educational opportunity for citizens to observe or become involved in the implementation of various demonstration projects with community watershed organizations in partnership with the City. ■ Considerations: The projects provide an opportunity for enhancing recommendations outlined in the City's Comprehensive Plan Natural Resources Plan concerning many of the City's watersheds. These projects also will afford citizens hands-on stewardship opportunities and assist the City in meeting various federal and state water quality mandates. ■ Public Information: Public information will be handled through the normal Council agenda notification process. ■ Recommendation: Accept and appropriate $175,000 in funds from the Virginia Department of Conservation & Recreation. ■ Attachment: Ordinance and Project List Recommended Action: Approve ordinance Submitting Department/Agency: Public Works Department p City Manager,— anager• `4 MEMORANDUM TO: Executive Directors, HPRV FROM: Joy Yeh, Ph.D. Assistant Commissioner, Finance and Administration DMHMRSAS Date: December 15, 2006 Re: HPR V Distribution of Regional Funding DMHMRSAS is in receipt of the revised annual budget for Regional Transformation Funding ($4,796,640) sent to Hampton -Newport News as the fiscal agent for Region V. Hampton acts as the fiscal agent for all of the funds, however the following amounts are approved for each of the CSBs in region for distribution from Hampton to the individual CSBs as agreed upon by the region based on the revised annual Regional Transformation Budget: Transformation: Chesapeake S. 629,826.00 Colonial 457,448.00 Eastern Shore 309,705.00 Hampton 837,257.00 Middle Peninsula 473,681.00 Norfolk 689,092.00 Portsmouth 346,682.00 Virginia Beach 701,641.00 Western Tidewater 351.308.00 Total $4,796,640.00 We appreciate and support the work of Region V on these projects. If you have questions about the funding, call or e-mail Rosanna Roberts at 804-371-0361 or rosanna roberts�co.dmhnnsas.virginia.gov. cc: Frank Tetrick, Assistant Commissioner, Community Services Rosanna Roberts, Director, Finance and Grants Management c�COMMONWEALTH of VIRGINIA DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES JANIES S. REINHARD, M.U. Post Office Box 1797 Telephone (804) 786-3921 COMMISSIONER Richmond, Virginia 23218-1797 Voice/TDD (804) 371-8977 www.dmhmrsas.state.va.us October 20, 2006 Terry S. Jenkins, Ph.D. Executive Director Virginia Beach Department of Human Services 3432 Virginia Beach Blvd., Suite 344 Virginia Beach, VA 23452-4420 Dear Dr. Jerikins: The Virginia General Assembly appropriated $500,000 of FY 2007 state general holds to the Department in the 2006 Appropriation Act to expand community-based programs that divert individuals with mental illness from jails or for aftercare programs for individuals with mental illness who have been released from jail. Following careful consideration of the best ways to distribute this funding, the Department decided that those Community Services Boards (CSBs) that requested funding for this purpose in November of 2005 and who have been developing or implementing jail diversion programs in their regions would be the recipients of this fi am pleased to inform you that the Department has granted funding in the amour $75,000 to he Virginia Beach Department of Human Services for the recruitment of a jail diversion �discihai� planning coordinator and other necessary resources to provide post -booking jail diversion services to inmates with mental illness in the Virginia Beach Con-ectional Center. I am inviting you and any key CSB staff that will be involved in this project to meet at 10:00 A.M. on Thursday, November 2, 2006, at the Department's Central Office to begin the planning process for implementing this Initiative. Your agreement to participate in this project is greatly appreciated. It will be a great pleasure to work together with you and your staff and all of the criminal justice and mental health stakeholders in your community to make jail diversion for individuals with mental illnesses a reality in your locality. Sincerely, f t James S. Reinhard, M.D. JSR/ibs 30 d. That $1,000,000 in General Fund Fund Balance 31 designated for Mental Health is hereby appropriated to provide 32 housing services to disabled adults; and 33 e. That estimate revenues are hereby increased by 34 $2,030,247 and that nine full-time positions, with fringe benefits, 35 are established in the FY 2006-07 Department of Human Services 36 Operating Budget. 37 f. That two part-time positions are hereby eliminated 38 in the FY 2006-07 Department of Human Services Operating Budget. 39 2. That the City Manager is hereby authorized to sign a 40 contract to purchase housing services from the Virginia Beach 41 Community Development Corporation. 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia, on the day of , 20U7. 44 Requires an affirmative vote by a majority of the members 45 of City Council. APPROVED AS TO CONTENT: Manag en Services APPROVED AS TO LEGAL SUFFICIENCY: _ L�l I., L "�t I City Attor y's Office CA10244 V:\applications\citylawprod\cycom32\Wpdocs\D027\P001\00025467.DOC R-3 January 2, 2007 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1,030,247 IN STATE AND FEDERAL REVENUES AND 3 $1,000,000 IN FUND BALANCE TO THE FY 2006-07 4 DEPARTMENT OF HUMAN SERVICES OPERATING BUDGET 5 TO PROVIDE ADDITIONAL MENTAL HEALTH, MENTAL 6 RETARDATION, AND SOCIAL SERVICES 7 8 WHEREAS, additional funds have been made available to the 9 Department of Human Services to provide mental health, mental 10 retardation, and social services, and these funds must be 11 appropriated. 12 WHEREAS, when the Mental Health Special Revenue Fund was 13 eliminated in FY 2004-05, its remaining fund balance was 14 transferred to the General Fund Fund Balance and for accounting 15 purposes was set aside to support one-time needs of the Human 16 Services department.. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 1. That the FY 2006-07 Department of Human Services 20 Operating Budget is amended for the purposes and amounts set forth 21 below: 22 a. That $53,606 in additional federal revenue is hereby 23 appropriated to help manage the increase in Medicaid caseloads; 24 b. That $75,000 in additional state revenue is hereby 25 appropriated to provide community-based programs that divert 26 individuals with mental illness from jail; 27 c. That $901,641 in additional state revenue is hereby 28 appropriated to provide on-going psychiatric care, nursing, and 29 respite services; crisis stabilization, psychiatric assessment, and medication management as well as staffing support. Currently, 584 clients are on the waiting list for these services. This funding will provide contractual services and six FTE's (2 Psychiatric Nurse Practitioners, an Administrative Specialist I, an Administrative Specialist Il, a Clinician II, and a Clinician III). Additionally, the Mental Retardation Colby Way ICF/MR program has a part-time Nurse I position. The Nurse I's assignment includes providing nursing assessments and providing health care. and medication administration to medically fragile clients. The position has experienced significant turnover and is currently vacant due to the inability to attract nursing staff. The inability to fill this position creates unmet needs, which places the department at risk of receiving numerous licensure deficiencies during a Department of Health annual inspection. Therefore, the department is requesting the elimination of 0.4 Nurse I FTE and a vacant 0.75 MR Assistant and the creation of a full-time Nurse I. Sufficient Medicaid funds are available in the department's FY 2006-07 budget to fund this conversion. ■ Considerations: Notification of these additional state and federal funds was received subsequent to the City Council's approval of the FY 2006-07 Operating Budget. Some of these programs are mandated and others address pressing service needs. There are 9 FTE's as part of this request, and no additional City funds are required to support the programs. The $1,000,000 in General Fund Fund Balance will be applied for the one-time purchase of thirty years of housing -services through the VBCDC. ■ Public Information: Public information was disseminated at the Community Services Board committee meetings and also will be handled through the normal Council agenda process. ■ Recommendations: Accept and appropriate $1,030,247 in State and Federal revenue and $1,000,000 in Fund Balance to the FY 2006-07 Department of Human Services Operating Budget, increase the number of full-time positions by nine FTE's (with a reduction of 1.15 in part-time positions), and authorize the City Manager to sign a contract to purchase housing services from the VBCDC. ■ Attachments: Ordinance and Notification letters Recommended Action: Approve Ordinance Submitting Department/Agency: Human Services City Manager: !c , fo U B&I r0 �s; l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $1,030,247 in State and Federal Revenues and $1,000,000 in Fund Balance to the FY 2006-07 Department of Human Services Operating Budget to Provide Additional Mental Health, Mental Retardation, and Social Services to Clients MEETING DATE: January 9, 2007 ■ Background: Since the adoption of the State's FY 2006-07 budget, additional State and Medicaid funding has been made available to various Human Services programs. Additionally, Human Services requests to appropriate a portion of their fund balance that remains from when a portion of the department's budget was classified as a special revenue fund (it is now in the General Fund). Since the elimination of the Mental Health Special Revenue Fund in FY 2004- 05, these funds have been held in the General Fund Balances as part of the "Unreserved, Designated for, reported in: General Fund for Future Programs" in the Comprehensive Annual Financial Report. It is requested that $1,000,000 be appropriated from the General Fund, Fund Balance designated for Mental Health, to purchase housing services from the Virginia Beach Community Development Corporation (VBCDC). These monies will fund the rental of 10 apartments, which can house 18 persons with disabilities at a time, over a 30 -year period. The VBCDC housing development will address housing needs of severely disabled consumers served by the department. There are currently 80 disabled persons on the waiting list for housing services. Various City staff that review real estate matters have deemed that this purchase of housing services represents a good value. Because this payment will purchase these housing services for a 30 -year period, this essentially represents a one-time use of fund balance. The department can absorb the $37,970 in annual operating costs associated with this purchase of housing services. On December 6, 2006, after the annual base budget for Medicaid administration was increased, $53,606 became available. This increase reflects additional federal reimbursement for the Family Access to Medical Insurance Security (FAMIS) Program. It is requested that this additional federal allocation be used to fund an Eligibility Worker I to help manage the increase in the Medicaid caseloads for this mandated program in which the City's demand indicators already exceed the average levels experienced by other localities. After the adoption of the City's FY 2006-07 budget from the State Department of Mental Health/Mental Retardation/and Substance Abuse Services, $75,000 became available. It is requested that this Mental Health Jail Diversion Service funding be used to fund one Clinician II position and contractual psychiatric services to expand community-based programs that divert individuals with mental illness from jail or for aftercare programs for individuals with mental illness who have been released from jail. The ability to help divert mentally ill individuals from jail would not only improve care but also help the Sheriff's growing demands in the Correctional Center. Currently, 109 clients are on the waiting list for these services. The State Department of Mental Health/Mental Retardation/and Substance Abuse Services provided additional funding of $901,641 on December 15. The funding may be used to provide on-going psychiatric care, nursing, and respite services. The funding also will pay for site-based, 1r.I I-J//.VVV lUl'Y 1L:lI 1'!!A I,JI LO iIl/� U(1LL(:00/U WJUVL/DO.3 �IRGINIA BEACH CITY PUBLIC SCHOOLS SCHOOL BOARD Daniel D. Edwards Chairman District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) • 717-0259 (c) Rita Sweet Bellitto Vitt Chairman At -Large P.O. Box 6446 VA Beach, VA 23456 416.0960 (c) Todd C. Davidson At -Largo 2424 Savannah Trail VA Beach, VA 23456 427.3330 (%V! . 285-9409 (c) Emma L. "Em" Davis District 5 - Lynnhaver. 1125 Michaelwood Drive VA Beach, VA 23452 340-6911 (h) Patricia G. Edmonson District 6 - Beach 401-205 Barbour Point VA Beach, VA 23451 428-5240 (h) Edward F. Fissinger, Sr. At -Large 412 Becton Place VA Boach, VA 23452 466-4567(h: Dan R. Lowe District 4 - Bayside 4617 Red Coal Road VABeach, VA 23455 490.3681(h) Lyndon S. Remias Distr'ct 7 — Princess Anne 3225 Mansemcnd loop VA Beach, VA 23456 630.6102 (c) Sandra Smith -Jones Oist6ct 2 — KeMsviiilee 705 Rock Creole Court VA reach, VA 23462 490.8167 (h) Michael W. Stewart District 3 - Rose Hal' 105 Brentwood Court VA Beach, VA 23452 498.4353 (h) . 445.4637 (W) Carolyn D. Weems At -Large 1420 Claudia Drive VA beach, VA 23455 464-6674 (hi SUPERINTENDENT James & Merrill, Ed.D. 2512 George Mason Drive VA Beach, VA 223456 263.1007 AHEAD OF THE CURVE RESOLUTION REGARDING FY 2005.06 REVENUE ACTUAL OVER BUDGET AND DEBT SERVICE BUDGET OVER ACTUAL FUNDS WHEREAS, the Revenue Sharing Policy provides for the application of the formula to any actual revenues in excess of budgeted revenues and any debt service budgeted expenditures in excess of actual expenditures, and WHEREAS, the FY 2005-06 Revenue Actual Over Budget -provides $10,280,062 and the Debt Service Budget Over Actual provides $1,531,545 for allocation by the School Board for non-recurring purposes; and WHEREAS, the Administration recommends the following uses for the $11,811,607 available: $ 2,144,000 to CIP 1-196 for various technology projects including infrastructure upgrades and wiring $1,000,000 to a School Equipment Replacement Special Revenue Fund • $ 2,674,607 to Fund 115 -School Operating Budget, Instructional category, for various instructional materials and equipment • $1,072,000 to CIP 1.211 for various School Plant projects • $ 321,000 to CIP 1-237 for the human resource/payroll system upgrade • $100,000 to Fund 115 -School Operating Budget, Operations and Maintenance category, for equipment and vehicles for School Landscape Services $ 4,500,000 to Fund 115 -School Operating Fund, Instructional category, to estabiish the appropriate funding vehicle to pre -fund a portion of the FY 2007-08 Annual Required Contribution (ARC) for Other Post Employment (Retiree Healthcare) Benefits Now, therefore, be it RESOLVED: That the Board approves the recommended uses of the FY 2005-06 Revenue Actual Over Budget and Debt -Service Budget Over Actual funds as presented by the Administration; and be it FURTHER RESOLVED: That the City Council appropriate $11,811,607 as presented by the administration and approved by the Board; and be it FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk, Adopted by the School Board of the City of Virginia Beach this 21st day of November 2006. SEAL Daniel D. Edwards, Chairman rr+ c v�.ia - ••. _,� ': len Attest:'' R" I P Dianne P. Alexander, Clerk of the Board School Administration Building • 2512 George Mason Drive - P.O. Box 6038 • Virginia Beach. VA 23456.0038 27 Budget Support" for various school plant projects; 28 (e) $321,000 to CIP #1-237, "School Human 29 Resources/Payroll System" for the human resource/payroll system 30 upgrade; 31 (g) $100,000 to the Operations and Maintenance 32 Category for equipment and vehicles for School Landscape 33 Services; 34 (h) $4,500,000 to the Instructional Category to pre - 35 fund a portion of the FY 2007-08 Annual Retirement Contribution 36 for Other Post Employment (Retiree Healthcare) Benefits; 37 That estimated revenue from use of the Fund Balance of the 38 General Fund is increased by $11,811,607. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia on the day of r 2007. APPROVED AS TO CONTENT: f,lanagemo6nt) Services CA10233 R-1 December 19, 2006 APPROVED AS TO LEGAL SUFFICIENCY: J City Attorney,s Office 1 AN ORDINANCE TO APPROPRIATE $11,811,607 2 IN FY 2005-06 VIRGINIA BEACH SCHOOL 3 REVERSION FUNDS TO THE FY 2006-07 4 SCHOOL OPERATING BUDGET AND FY 2006-07 5 CAPITAL IMPROVEMENT PROGRAM 6 7 WHEREAS, a total amount of $11,811,607 in FY 2005-06 8 Virginia Beach Public School reversion funds are available for 9 appropriation; and 10 WHEREAS, by resolution on November 21, 2006, the School 11 Board formally requested the City Council to approve the 12 appropriation of school reversion funds to the FY 2006-07 School 13 Operating Budget and Capital Budget. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That $11,811,607 in school reversion funds are hereby 17 appropriated from the fund balance of the General Fund to the FY 18 2006-07 School Operating Budget and Capital Budget in the 19 amounts and for the purposes set forth below: 20 (a) $2,144,000 to CIP #1-196, "Instructional 21 Technology" for various technology projects; 22 (b) $1,000,000 to establish the School Equipment 23 Replacement Special Revenue Fund; 24 (c) $2,674,607 to the Instructional Category for 25 various instructional materials and equipment; 26 (d) $1,072,000 to CIP #1-211, "School Operating CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $11,811,607 in FY 2005-06 Virginia Beach School Reversion Funds to the FY 2006-07 School Operating Budget and FY 2006-07 School Capital Budget MEETING DATE: January 9, 2007 ■ Background: A true -up analysis under the City -Schools Revenue Sharing Formula for FY 2005-06 reveals $11,811,607 in excess revenue due to Schools. This is in addition to the $5,392,061 in School reversion funds that City Council appropriated on October 24, 2006. On November 21, 2006, the School Board adopted a resolution to recommend amendments to the FY 2006-07 School Operating Budget and the FY 2006-07 Capital Improvement Program in the total amount of $11,811,607. ■ Considerations: The School Board requests City Council approval of the allocation of $11,811,607 in FY 2005-06 reversion funds as follows: o $2,144,000 to CIP #1-196 "Instructional Technology" for various technology projects. o $1,000,000 to establish the School Equipment Replacement Special Revenue Fund. o $2,674,607 to the Instructional Category for various instructional materials and equipment. o $1,072,000 to CIP #1-211 "School Operating Budget Support" for various school plant projects. o $321,000 to CIP #1-237 "School Human Resources/Payroll System" for the human resource/payroll system upgrade. o $100,000 to the Operations and Maintenance Category for equipment and vehicles for School Landscape Services. o $4,500,000 to the Instructional Category to establish the appropriate funding vehicle for pre -funding a portion of the FY 2007-08 Annual Retirement Contribution for Other Post Employment (Retiree Healthcare) Benefits. ■ Public Information: The School Board at its November 21, 2006 public meeting approved the resolution requesting these appropriations. Information will be disseminated to the public through the normal Council agenda process involving the advertisement of City Council agenda. Also, a public hearing notice was published in the Beacon on December 31, 2006, and the public hearing will be held on January 9, 2007. ■ Recommendations: It is recommended that the City Council adopt this ordinance. ■ Attachments: Ordinance and School Board Resolution of November 21, 2006 Recommended Action: Approve Ordinance Submitting Department/Agency: School Board Resolution City Manage • S �_ , 'cntpot 110 the region who are homeless; and 111 (u) $500,000 for Capital Project #7-031, Kempsville 112 Greens Golf Course Community Stormwater Bank 113 Stabilization, to provide funding to stabilize ponds #1 114 and #11 to protect nearby residences. 115 (4) That $100,000 of Fund Balance from the General Fund is 116 hereby appropriated to the FY 2006-07 Operating Budget of the Arts 117 and Humanities Commission in the amounts and for the purposes set 118 forth below, with local revenue increased accordingly. 119 (a) $10,000 to acquire a third piece of video art for 120 the video wall in the Convention Center; and 121 (b) $90,000 for acquisition of one or more pieces of 122 public artwork for the Sandler Center for the Performing 123 Arts at Virginia Beach. 124 Adopted by the Council of the City of Virginia Beach, 125 Virginia, on the day of , 2007. Approved as to Content: Aaname t Service Approved As To Legal Sufficiency: City Attorney s Office CA10238 V:\applications\citylawprod\cycom32\Wpdocs\D021\P002\00025351.DOC R-4 January 3, 2007 84 equipment removed last year due to federal regulations; 85 (n) $6,550,000 for Capital Project #3-368, Various Site 86 Acquisitions, to replenish the project for recent 87 property purchases; 88 (o) $108,000 for Capital Project #9-027, 31st Street 89 Parking Garage for a settlement with Professional 90 Hospitality Resources/Gold Key Resorts regarding 91 construction of the parking garage; 92 (p) $90,000 for Capital Project #9-051, 31st Street 93 Stage & Restrooms, to construct, in partnership with 94 Professional Hospitality Resources/Gold Key Resorts, a 95 new permanent stage and restroom facilities; 96 (q) $1,500,000 for Capital Project #2-035, Avalon Avenue 97 - Avalon Woods, to construct 3,600 feet of roadway and 98 related safety improvements in Avalon Woods; 99 (r) $300,000 for Capital Project #2-021, Rural Roads, 100 for a turn lane on Princess Anne Road at the intersection 101 of Princess Anne Road and Pleasant Ridge Road; 102 (s) $600,000 for Capital Project #3-248, Fire and Rescue 103 Station - Blackwater, for design of a replacement 104 facility; 105 (t) $1,300,000 for Capital Project #9-077, Regional 106 Homeless Housing - Site Acquisition, to provide the 107 City's share of cost for site acquisition to develop a 108 60 -unit regional apartment complex that will create 109 additional permanent rental housing for single people in 58 design of a 60,000 square foot community recreation 59 center; 60 (f) $320,000 for Capital Project #2-208, Constitution 61 Drive Extended, for the City's share of 35% design to 62 widen the existing roadway and provide new construction 63 of a four -lane highway; 64 (g) $2,300,000 for Capital Project #3-244, Fire and 65 Rescue Station - Chesapeake Beach, for site acquisition 66 and design of a replacement facility; 67 (h) $200,000 for Capital Project #9-035, Town Center 68 Pedestrian Bridge for the remaining cost of design; 69 (i) $2,100,000 for Capital Project #2-190, Congestion 70 Relief/Safety Improvement Program, for additional turn 71 lanes to improve traffic flow; 72 (j) $800,000 for Capital Project #7-033, Storm Water 73 Maintenance Backlog, for engineering/drainage studies on 74 neighborhood flooding and to lengthen/improve the outfall 75 structure for Stumpy Lake and related improvements; 76 (k) $1,000,000 for Capital Project #2-284, Pavement 77 Maintenance Program, to provide additional lane miles of 78 repaving; 79 (1) $500,000 for Capital Project #4-075, Pedestrian 80 System Improvements - Phase I, for improvements to the 81 City's sidewalk system to improve pedestrian safety; 82 (m) $1,260,000 for Capital Project #4-024, Park 83 Playground Renovations - Phase II, to replace playground 32 Acquisition. 33 (2) That $3,260,000 is hereby designated for GASB 45 within 34 the fund balance of the General Fund pending City Council and 35 School Board decisions related to addressing unfunded retiree 36 health care liabilities, and $210,000 of fund balance from the 37 Water and Sewer Utility Fund and $35,000 of fund balance from the 38 Storm Water Utility Fund are hereby appropriated and transferred to 39 the General Fund reserve for GASB 45. 40 (3) That $23,728,000 of Fund Balance from the General Fund is 41 hereby appropriated to the FY 2006-07 Capital Budget in the amounts 42 and for the purposes set forth below, with local revenue increased 43 accordingly. 44 (a) $500,000 to Capital Project #2-116, Shore Drive 45 Corridor Improvements, Phases II, for design, site 46 acquisition, and private utility adjustments; 47 (b) $500,000 to Capital Project #2-117, Shore Drive 48 Corridor Improvements, Phases III, for design, site 49 acquisition, and private utility adjustments; 50 (c) $1,500,000 to Capital Project #2-118, Shore Drive 51 Corridor Improvements, Phases IV, for design, site 52 acquisition, and private utility adjustments; 53 (d) $1,000,000 for Capital Project #2-731, Shore Drive 54 Interim Safety Improvements, for design and construction 55 of various pedestrian safety improvements; 56 (e) $800,000 for Capital Project #4-072, Preliminary 57 Design for New Bayside Community Center, for preliminary 1 AN ORDINANCE TO APPROPRIATE $23,828,000 OF 2 FUND BALANCE FROM THE GENERAL FUND TO VARIOUS 3 CAPITAL PROJECTS AND OPERATING BUDGET NEEDS, 4 TO DESIGNATE $3,260,000 WITHIN THE FUND 5 BALANCE OF THE GENERAL FUND FOR GASB 45, AND 6 TO APPROPRIATE AND TRANSFER TO THE GENERAL 7 FUND RESERVE FOR GASB 45 $210,000 FROM THE 8 FUND BALANCE OF THE WATER AND SEWER UTILITY 9 FUND AND $35,000 FROM THE FUND BALANCE OF THE 10 STORM WATER UTILITY FUND 11 12 WHEREAS, funding of $27,088,000 is available in Fund Balance 13 from the General Fund, $210,000 is available in Fund Balance from 14 the Water and Sewer Utility Fund, and $35,000 is available in Fund 15 Balance from the Storm Water Utility Fund. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 (1) That the following Capital Projects are re-established in 19 the FY 2006-07 Capital Budget: #2-208, Constitution Drive Extended, 20 #3-244, Fire and Rescue Station - Chesapeake Beach, #3-248, Fire 21 and Rescue Station - Blackwater, #9-035, Town Center Pedestrian 22 Bridge, and #9-027, 31st Street Parking Garage; and that the 23 following Capital Projects are established in the FY 2006-07 24 Capital Budget: #2-116, Shore Drive Corridor Improvements - Phase 25 II, #2-117, Shore Drive Corridor Improvements - Phase III, #2-118, 26 Shore Drive Corridor Improvements - Phase IV, #2-731, Shore Drive 27 Interim Safety Improvements, #4-072, Preliminary Design for New 28 Bayside Community Center, #2-190, Congestion Relief/Safety 29 Improvement Program, #7-033, Storm Water Maintenance Backlog, #4- 30 075, Pedestrian System Improvements - Phase I, #9-051, 31st Street 31 Stage & Restrooms, and #9-077, Regional Homeless Housing - Site ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: Management Service City Manager: 5 jz , stage and restroom facilities. PHR's share of the cost will be $500,000 for stage and restroom construction with the City share funding the finishing of the restrooms. ■ $1,500,000 for CIP #2-035, Avalon Avenue - Avalon Woods, to construct the 3,600 feet of roadway from Providence Road to Normandy Avenue. The safety improvements, which include a sidewalk and roadway widening, will reduce the conflict between pedestrians and vehicular traffic. ■ $300,000 for CIP #2-021, Rural Roads, to address one of the proposed tum lanes on Princess Anne Road at the intersection of Princess Anne Road and Pleasant Ridge Road. ■ $600,000 for CIP #3-248, Fire and Rescue Station — Blackwater, for design of a replacement facility. ■ $1,300,000 for CIP #9-077, Regional Homeless Housing - Site Acquisition, to provide the City's share of cost to permit Virginia Supportive Housing, Inc, a non-profit organization, to acquire a site in Virginia Beach to develop a second 60 -unit regional apartment complex that will create additional permanent rental housing for single people in the region who are homeless. The partner cities of Chesapeake, Norfolk, and Portsmouth are to provide the balance of the site acquisition costs. ■ $500,000 for CIP #7-031, Kempsville Greens Golf Course Community Stormwater Bank Stabilization, to provide funding to stabilize storm water ponds #1 and #11, which are closest to residential homes. There are a total of 11 ponds at this site. ■ $10,000 to the FY 2006-07 Operating Budget of the Arts and Humanities Commission to commission a third piece of video art for the video wall in the Convention Center. ■ $90,000 to the FY 2006-07 Operating Budget of the Arts and Humanities Commission for acquisition of one or more pieces of public artwork for the Sandler Center for the Performing Arts at Virginia Beach. ■ $3,260,000 designated for GASB 45 within the fund balance of the General Fund pending City Council and School Board decisions related to addressing unfunded retiree health care liabilities, and $210,000 of fund balance from the Water and Sewer Utility Fund and $35,000 of fund balance from the Storm Water Utility Fund to be appropriated and transferred to the General Fund reserve for GASB 45. ■ Public Information: A notice of public hearing was published in the Beacon on December 31, 2006. City Council will conduct a public hearing on January 9, 2007. This item will also be advertised as part of the City Council agenda. ■ Recommendations: City Council has reviewed and prioritized unfunded capital projects for potential use of fund balance. Based on these deliberations and City Council's understanding of the community's need for these projects, they have determined to appropriate $23,828,000 of fund balance from the General Fund to various capital projects and operating budget needs described above. Based on City Council's current understanding of the requirements of the Government Accounting Standards Board (GASB) to disclose retiree health care costs, they are designating $3,260,000 within the fund balance of the General Fund for GASB 45, and to appropriate and transfer to the General Fund reserve for GASB 45 $210,000 of fund balance from the Water and Sewer Utility Fund and $35,000 of fund balance from the Storm Water Utility Fund pending final resolution of this issue by the City Council and School Board. ■ $320,000 for CIP #2-208, Constitution Drive Extended, for the City's share of 35% design to widen the existing roadway and provide new construction of a four -lane highway along Constitution Drive from the intersection of Columbus Street and Virginia Beach Boulevard to Bonney Road, a distance of approximately 0.5 mile. The cost of the 35% design will be split equally with the developer. ■ $2,300,000 for CIP #3-244, Fire and Rescue Station - Chesapeake Beach, for site acquisition and design of a replacement 3 -bay facility ranging from 13,800 to 14,200 square feet. ■ $200,000 for CIP #9-035, Town Center Pedestrian Bridge, for the remaining cost of design of a pedestrian walkway from the Pembroke Mall to the Town Center. ■ $2,100,000 for CIP #2-190, Congestion Relief/Safety Improvement Program, including $1.05 million for a left turn lane from southbound South Independence Boulevard onto eastbound Lynnhaven Parkway and $1.05 million for a right turn lane from eastbound Buckner Boulevard to southbound South Rosemont Road. ■ $800,000 for CIP #7-033, Storm Water Maintenance Backlog, including $200,000 for engineering/drainage studies on neighborhood flooding and $600,000 for lengthening/improving the outfall structure for Stumpy Lake and necessary associated improvements to accommodate the improved outfall structure to improve neighborhood drainage. ■ $1,000,000 for CIP # 2-284, Pavement Maintenance Program, to allow some improvement to repaving efforts in light of rising prices. This includes 15.2 additional lane miles of the following roads: Lynnhaven Parkway (from Princess Anne Road to Cliffwood Drive); Military Highway South (from Alexandria Avenue to the Chesapeake City Line); and Corporate Landing Parkway (from General Booth Boulevard to Dam Neck Road). $500,000 for CIP #4-075, Pedestrian System Improvements — Phase I, for improvements to the City's sidewalk/path system to connect gaps in sidewalks on existing roadways and provide continuous sidewalks to facilitate pedestrian/bicycle transportation. Improvements will include concrete sidewalks, asphalt paths, new crosswalks, signage and bike racks/storage lockers. Initial projects will target areas of the City most in need of these improvements where many medium and high density residential areas are located including Bayside, Bayfront, Holland and the Oceanfront. All projects will be coordinated with Public Works Traffic Safety Improvements CIP #2-285. ■ $1,260,000 for CIP #4-024, Park Playground Renovations - Phase II, for the second installation of replacing playground equipment removed last year due to federal regulations. This phase would replace equipment at 25 playgrounds. ■ $6,550,000 for CIP #3-368, Various Site Acquisitions, to provide additional funding for strategic land purchases authorized by City Council. This funding will replenish the project for recent property purchases. ■ $108,000 for CIP #9-027, 31st Street Parking Garage, for a settlement with Professional Hospitality Resources/Gold Key Resorts regarding construction of the 31St Street parking garage. ■ $90,000 for CIP #9-051, 31st Street Stage & Restrooms, to construct, in partnership with Professional Hospitality Resources/Gold Key Resorts (PHR), a new permanent CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $23,828,000 of Fund Balance from the General Fund to Various Capital Projects and Operating Budget Needs, to Designate $3,260,000 within the Fund Balance of the General Fund for GASB 45, and to Appropriate and Transfer to the General Fund Reserve for GASB 45 $210,000 from the Fund Balance of the Water and Sewer Utility Fund and $35,000 from the Fund Balance of the Storm Water Utility Fund MEETING DATE: January 9, 2007 ■ Background: It is the City's policy that the General Fund must retain an undesignated fund balance of 8% to 12% of the following year's budgeted revenues. Any use of the fund balance requires City Council approval. Excess fund balance of $27,088,000 from the General Fund is available for appropriation. With the expenditure of $27,088,000, the resulting undesignated fund balance would be $96 million or 10% of FY 2006-07's budgeted revenues ($960.2 million). In addition, fund balances of $210,000 from the Water and Sewer Utility Fund and $35,000 from the Sewer Utility Fund are available. ■ Considerations: From September through December 2006, City Council has reviewed, discussed, and prioritized a list of unfunded capital projects and other one-time operating budget needs that could be funded with the use of the fund balance from the General Fund. From a list of 172 projects exceeding $1.2 billion, Council has developed a list of urgent projects and activities totaling $27,333,000 that will address public safety, transportation, and neighborhood issues and establish a reserve for retiree health care benefits related to GASB 45. Staff requests City Council approval of the appropriation of $23,828,000 of fund balance from the General Fund, designation of $3,260,000 within the fund balance of the General Fund for GASB 45, and appropriation and transfer to the General Fund reserve for GASB 45 $210,000 of fund balance from the Water and Sewer Utility Fund and $35,000 of fund balance from the Storm Water Utility Fund as follows: $2,500,000 to CIP #s 2-116 ($500,000), 2-117 ($500,000), 2-118 ($1,500,000), Shore Drive Corridor Improvements, Phases II, III, and IV, respectively, for design, site acquisition, and private utility adjustments. $1,000,000 for CIP #2-731, Shore Drive Interim Safety Improvements, for design and construction of sidewalks from Independence Boulevard to Stratford Drive on the south side of Shore Drive and from Stratford Drive to Great Neck Road on the north side of Shore Drive and pedestrian safety improvements (pedestrian countdown heads, handicapped ramps, and crosswalks) at the intersections of Shore Drive with Great Neck Road, Stratford Drive, Vista Circle, and Starfish Lane. ■ $800,000 for CIP #4-072, Preliminary Design for New Bayside Community Center, for preliminary design of a 60,000 square foot community recreation center to be located on City property known as the Williams Farm on Newtown Road. Preliminary design will include public involvement, building programming, cost estimates, construction alternatives, and 35% construction documents. REQUESTED BY MAYOR OBERNDORF 1 2 3 4 5 i E3 01 10 11 12 13 14 15 16 17 18 19 20 21 A RESOLUTION SUPPORTING THE BRAND "HAMPTON ROADS, AMERICA'S FIRST REGION" WHEREAS, the Hampton Roads Partnership has adopted "Hampton Roads, America's First Region" as the brand for southeast Virginia; and WHEREAS, the name honors the rich history of the region and encourages regional identity and citizenship among 1.6 million residents; and WHEREAS, the City of Virginia Beach is proud to be part of Hampton Roads and continues to be a leader in promoting regional cooperation and regional competitiveness. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council does hereby endorse the brand "Hampton Roads, America's First Region" and shall promote it in the future as City Council may find appropriate and useful. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2007. APPROVED AS TO LEGAL SUFFICIENCY Y City AttorneY ffice uwae,� �.Scr'-••y�yh 'Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Supporting the Brand "Hampton Roads, America's First Region" MEETING DATE: January9, 2007 ■ Background: The Hampton Roads Partnership has requested each locality in Hampton Roads to adopt an ordinance that supports the regional branding statement, "Hampton Roads, America's First Region." This brand honors the rich history of the region and encourages regional identity and citizenship among the region's 1.6 million residents. ■ Considerations: "Hampton Roads, America's First Region" will appear on digital signs, banners, and web sites throughout the region, and the partnership will provide decals that could be used on glass doors of municipal buildings. ■ Recommendations: Adoption ■ Attachments: Resolution Recommended Action: Adopt Resolution Requested by: Mayor Oberndorf a r 7k -01F -- Fy �, ENIUBiT "N' FLOOD LIGHT c.b. rim 22.44s SIGN IS"r P ' PEDESTAL sdmh rim 20. i LANDSCAPING inv im 20.38 nv 16.33 I I LOT 1 LOT 2 I 1455-71-6031 1455-70-6968 1455 C YD (A-1) RIM 19.05 o INV 17.1 Z 40 80 GRAPHIC SCALE Fl. (5a / LOT 59I L❑T 58 AT: KEMPSVILLE CROSSING SIGN ENCROACHMENT EXHIBIT s 1455-71-7175 STATE: VA ENCROACHMENT /di 11455-71-8112 APPLICATION BY: KEMPSVILLE CROSSING COMMUNITY ASSOCIATION, INC. NDI, L. L. C. sco rim 18.83 inv 16.83 BASGIER AND ASSOCIATES DIVISION �? cb 3 ° LANDSCAPING SCALE: I"=40' JUNE 29, 2006 w rim 20. 5 PHONE, (757) 431-2177 FAX: (757) 431-2175 ss inv 15. 0 rim 19.29 s.m.h. Q inv 14.04 rim 21.68 SIGN inv 1.59 3 ELECTRIC METER ON WALL o LECT. METER & I PEDESTAL Q N I FLOOD LIGHT i' SIGN Q 0+00.00 _ ` SZOP OL17.8 n' sdmh �C rim 20.79 I inv 17.90 J a s ~' co � C")s a sdmh rim 20 50 a Z inv 15 78 FLOOD LIGHT c.b. rim 22.44s SIGN IS"r P ' PEDESTAL sdmh rim 20. i LANDSCAPING inv im 20.38 nv 16.33 I I LOT 1 LOT 2 I 1455-71-6031 1455-70-6968 1455 C YD (A-1) RIM 19.05 o INV 17.1 Z 40 80 GRAPHIC SCALE AT: KEMPSVILLE CROSSING SIGN ENCROACHMENT EXHIBIT COUNTY OF: V.B. STATE: VA ENCROACHMENT FOR APPLICATION BY: KEMPSVILLE CROSSING COMMUNITY ASSOCIATION, INC. NDI, L. L. C. ASSOCIATED DEVELOPMENT BASGIER AND ASSOCIATES DIVISION ENGINEERS -SURVEYORS -PLANNERS SCALE: I"=40' JUNE 29, 2006 572 CENTRAL DRIVE, SUITE 103, VIRGINIA BEACH, VIRGINIA 23454 PHONE, (757) 431-2177 FAX: (757) 431-2175 SHEET 1 OF 1 J.O.: 2205 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF V ► r1 r1► j CITY/COUNTYXJ16 II)aY" , to -wit: The foregoing instrument was acknowledged before me this �_ day of -gam, 2006, by Randall Pannell, President on behalf of Kempsville Crossing Community Association, Inc., a Virginia non -stock corporation uh ' ' Notary Pu@ic My Commission Expires: I L4 a L. 1-2-2) 0 APPROVED AS TO CONTENTS &= C. SIUGNATURE Po 'kad DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM X:\Projects\Encroachments\Applicants\Ocean Bay Homes LLC - Force Main KMAAgreement.doc i u CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Kempsville Crossing Community Association, Inc., a Virginia non -stock corporation STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2006, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: 5 Notary Public It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Randall Pannell, President of Kempsville Crossing Community Association, Inc., a Virginia non -stock corporation has caused this Agreement to be executed in its corporate name and on its behalf pursuant to due authority. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLAND 11 to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment may not exceed: 32 square feet per face; 2 faces; 6 feet above the natural grade at the curb. Landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. G It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT FOR KEMPSVILLE CROSSING COMMUNITY ASSOCIATION, INC.," a copy of which is attached hereto as EXHIBIT "A" and to which reference is made for a more p articular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor 4 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this ,?16 day of ovcm de -w_ , 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and KEMPSVILLE CROSSING COMMUNITY ASSOCIATION, INC., a Virginia non -stock corporation, and ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESS ETH: That, WHEREAS, it is proposed by the Grantee to maintain two (2) existing neighborhood identification signs, landscaping, electric meters, pedestals, and flood lights, the "Temporary Encroachment", in the'City of Vitginia Beach; and WHEREAS, in maintaining the existing Temporary Encroachment, it is necessary that the Grantee encroach into portions of City rights of way at the intersection of Kempsville Road and Kempsville Crossing Lane, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. GPIN (CITY RIGHTS OF WAY — NO GPIN REQUIRED OR ASSIGNED) CA -10154 V:\vbgov.com\dfsl\applications\citylawprod\cycom32\Wpdocs\D002\P 001\00022982.DOC X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10154 Kempsville Crossing Community Association, Inc. Ordinance.doc R-1 PREPARED: 12/13/06 APPROVED AS TO CONTENTS 2.8 WO�'- PVBLIC WORKS, REAL ESTATE 3 AP ROVED AS TO GAL U ar AND ORM CIT ATTORNEY 32 (2) existing neighborhood identification signs, landscaping, 33 electric. meters, pedestals, and flood lights in the City's 34 rights of way at the intersection of Kempsville Road and 35 Kempsville Crossing Lane as shown on the map marked Exhibit "A" 36 and entitled: "ENCROACHMENT FOR KEMPSVILLE CROSSING COMMUNITY 37 ASSOCIATION, INC.," a copy of which is on file in the Department 38 of Public Works and to which reference is made for a more 39 particular description; and 40 BE IT FURTHER ORDAINED, that the temporary encroachments 41 are expressly subject to those terms, conditions and criteria 42 contained in the Agreement between the City of Virginia Beach 43 and Kempsville Crossing Community Association, Inc., a Virginia 44 non -stock corporation (the "Agreement"), which is attached 45 hereto and incorporated by reference; and 46 BE IT FURTHER ORDAINED, that the City Manager or his 47 authorized designee is hereby authorized to execute the 48 Agreement; and 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 50 effect until such time as Kempsville Crossing Community 51 Association, Inc., a Virginia non -stock corporation and the City 52 Manager or his authorized designee execute the Agreement. 53 Adopted by the Council of the City of Virginia Beach, 54 Virginia, on the day of 1 2007. ON 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 PORTIONS OF THE CITY RIGHTS 6 OF WAY LOCATED AT THE 7 INTERSECTION OF KEMPSVILLE 8 ROAD AND KEMPSVILLE CROSSING 9 LANE BY KEMPSVILLE CROSSING 10 COMMUNITY ASSOCIATION, INC., 11 A VIRGINIA NON -STOCK 12 CORPORATION 13 14 WHEREAS, Kempsville Crossing Community Association, Inc., a 15 Virginia non -stock corporation desires to maintain two (2) 16 existing neighborhood subdivision signs, landscaping, electric 17 meters, pedestals, and flood lights upon portions of the City's 18 rights of way at the intersection of Kempsville Road and 19 Kempsville Crossing Lane, in the City of Virginia Beach, 20 Virginia. 21 WHEREAS, City Council is authorized pursuant to §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 23 authorize temporary encroachments upon the City's rights of way 24 subject to such terms and conditions as Council may prescribe. 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 That pursuant to the authority and to the extent thereof 28 contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 29 as amended, Kempsville Crossing Community Association, Inc., a 30 Virginia non -stock corporation, its assigns and successors in 31 title are authorized to maintain temporary encroachments for two CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into portions of the City rights of way located at the intersection of Kempsville Road and Kempsville Crossing Lane, by Kempsville Crossing Community Association, Inc., a Virginia non -stock corporation. MEETING DATE: January9, 2007 ■ Background: Kempsville Crossing Community Association, Inc. has requested permission to maintain two (2) existing neighborhood identification signs, landscaping, electric meters, pedestals and flood lights, upon portions of the City's rights of way located at the intersection of Kempsville Road and Kempsville Crossing Lane. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Location map, Agreement, Plat and Pictures. Recommended Action: Approval of the ordinance. 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Whyte, President, on behalf of Stihl Incorporated, a Delaware corporation. My Commission Expires: //&/k-00% APPROVED AS TO CONTENTS v Eck RQ � E- am�:= DEPARTMENT Notary Public APPROVED AS TO LEGAL SUFFICIEN Y FORM X:UprojeMs\Encroachments\Applicauts\St l London Bridge Road Fiber Optic - RMAgreementdoc H'- STIHL INCORPORATED, a laware corporation Fred J. Whyte, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 200 by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 200---, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA 4.3 -MUM My Commission Expires: 7 Notary Public CITY OF VIRGINIA BEACH 10 City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk (THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLAND It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Stihl Incorporated, a Delaware corporation, has caused this Agreement to be executed in its corporate name and on its behalf by its President, pursuant to due authority. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 0 Project Name: FIBER-OPTIC CABLE LAYOUT STIHL, INC." Said plats are dated 10-13-06, and consist of a total of seven (7) sheets, copies of which are attached hereto collectively as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 recorded in the aforesaid Clerk's Office in Map Book 281, at pages 51 and 52, and being further designated, known, and described as 825 London Bridge Road, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to construct and maintain a 2" buried high density polyethylene ("HDPE") conduit for computer cables to house fiber optic and twisted -pair copper cable to provide a computer network connection between 2525 International Parkway (existing Stihl site) and 825 London Bridge Road (Stihl's Expansion site), "Temporary Encroachment," in the City of Virginia Beach, Virginia;. WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of existing City rights of way known as International Parkway, Hawkeye Court and London Bridge Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on those certain plats entitled: "Sketch No.: EXH A-1 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 3rd day of January, 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STIHL INCORPORATED, a Delaware corporation, authorized to transact business in Virginia, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the -owner of those certain lots, tracts, or parcels of land designated and described as "PARCEL 103" as shown on that certain plat entitled: "PARCEL 103 AND PARCEL CN -2 BEING A RESUBDIVISION OF PARCEL CN (MAP BOOK 285 AT PAGES 61-62) AND PARCEL 102-A (MAP BOOK 285 AT PAGES 61-62) FOR THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OCEANA WEST CORPORATE PARK" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument Number 200307170110540 and being further designated, known and described as 2525 International Parkway, Virginia Beach, Virginia 23452, and as "PARCEL 93C" as shown on that certain plat entitled: "SUBDIVISIOIN OF PARCELS 93A, 93B AND 93C BEING A RESUBDIVISION OF AMENDED PLAT OF PARCEL 93 (M.B. 199, P. 48) BEING A RESUBDIVISION OF PROPERTY STANDING IN THE NAME OF THE VIRGINNIA BEACH DEVELOPMENT AUTHORITY OCEANA WEST INDUSTRIAL PARK (M.B. 103, P. 31)" and said plat is GPINS: (City Right Of Way — No GPIN required or assigned to International Parkway, London Bridge Road or Hawkeye Court) 1496-93-0966 and 1496-73-5380 X: OID REESTATElEncroac ntslPW Ordinances 0)I 01 6 Stihl Incor porated Ordinance.doc aliw�� tionslcitylawprodcycom32IWpdoc..D3P00100025872.DOC R-1 PREPARED: 12/26/06 APPROVED AS TO CONTENTS Qam C. '*'ws' 0.<) EYBLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL S�IMNCV AKD FO ;)J�AA_ CITY' -ATTORNEY 30 maintain a temporary encroachment for a 2" buried high density 31 polyethylene ("HDPE") conduit for computer cables to house fiber 32 optic and twisted -pair copper cable in the City's rights of way 33 as shown on those seven (7) maps marked Exhibit "A" and 34 entitled: "Sketch No.: EXH A-1 Project Name: FIBER-OPTIC CABLE 35 LAYOUT STIHL, INC.," copies of which are on file in the 36 Department of Public Works and to which references are made for 37 a more particular description; and 38 BE IT FURTHER ORDAINED, that the temporary encroachment is 39 expressly subject to those terms, conditions and criteria 40 contained in the Agreement between the City of Virginia Beach 41 and Stihl Incorporated, a Delaware corporation (the 42 "Agreement"), which is attached hereto and incorporated by 43 reference; and 44 BE IT FURTHER ORDAINED, that the City Manager or his 45 authorized designee is hereby authorized to execute the 46 Agreement; and 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 48 effect until such time as Stihl Incorporated, a Delaware 49 corporation, and the City Manager or his authorized designee 50 execute the Agreement. 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia, on the day of 1 2007. 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 PORTIONS OF THE RIGHTS OF WAY 6 KNOWN AS INTERNATIONAL 7 PARKWAY, HAWKEYE COURT AND 8 LONDON BRIDGE ROAD BY STIHL 9 INCORPORATED, A DELAWARE 10 CORPORATION. 11 12 WHEREAS, Stihl Incorporated, a Delaware corporation, 13 desires to construct and maintain a 2" buried high density 14 polyethylene ("HDPE") conduit for computer cables to house fiber 15 optic and twisted -pair copper cable within the City's rights of 16 way known as International Parkway, Hawkeye Court and London 17 Bridge Road, from its existing building located at 2525 18 International Parkway to its expansion site located at 825 19 London Bridge Road in the City of Virginia Beach, Virginia. 20 WHEREAS, City Council is authorized pursuant to H 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 22 authorize temporary encroachments upon the City's rights of way 23 subject to such terms and conditions as Council may prescribe. 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof 27 contained in H 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 28 as amended, Stihl Incorporated, a Delaware corporation, its 29 assigns and successors in title are authorized to construct and CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize a temporary encroachment into portions of the Rights of Way known as International Parkway, Hawkeye Court and London Bridge Road by Stihl Incorporated, a Delaware corporation. MEETING DATE: January 9, 2007 ■ Background: Stihl Incorporated, a Delaware corporation ("Stihl'), has submitted an application for an encroachment to construct and maintain a 2" buried high density polyethylene ("HDPE") conduit for computer cables to house fiber optic and twisted -pair copper cable which will provide a computer network between 2525 International Parkway (existing Stihl site) and 825 London Bridge Road (Stihl expansion site) in Oceana West Industrial Park. Stihl wants to run the conduit along International Parkway, Hawkeye Court and London Bridge Road. ■ Considerations: City staff has reviewed this request and there are no objections. ■ Public Information: Advertisement of City Council agenda. ■ Alternatives: Approve the encroachment as presented, deny the encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance Location Map Agreement Plat Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works City Manage • k , -b� d(n' W lz W)c0 a CO �' Q M o o f � l 2 0 M o u a a� N W z W u Oo 0wCO N N ` 0(y) W DI W r U �' Q �cVz�� aZ .z oma a Z o -- Z W J r7 , 1 _;al'•.�}Y : ��_ ;fit-. � I APPROVED AS TO CONTENT: 2 anage Jni Services APPROVED AS TO LEGAL SUFFICIENCY: A City Attorn CA10241 V:\applications\citylawprod\cycom32\Wpdocs\D022\P001\00025414.DOC R-2 December 27, 2006 WQIF Grant Description of Projects 91 Title: Boat Pump Out Location: Lynnhaven Watershed Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $6,000 City Cash Match: $3,000 Funding Source: CIP 7-153 Basis of Estimate: Existing Contract Proposed Completion: 9-30-08 Description of Project: This project will be contracted with Hampton Roads Sanitation District for removal and disposal of sewage from vessels in the waters of the Lynnhaven Watershed from Memorial Day through Labor Day. Title: Lake Trashmore Aeration Location: Lake Trashmore/Lynnhaven Watershed Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $109,000 City Cash Match: $ 54,500 Funding Source: CIP 7-153 Basis of Estimate: Existing Contract Proposed Completion: 9-30-07 Description of Project: Installation of 4 solar powered aerators in the waters in Lake Trashmore is expected to reduce nutrient concentrations in the water. Title: Nawney Creek Swine Lagoon Closure Location: Southern Watershed Contact Agency: VA Dare Soil & Water Conservation District Contact Person: Roy Flanagan Project Cost: $50,000 City Cash Match: $25,000 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 9-30-07 Description of Project: Removal of nutrient and bacteria bearing sludge and overlaying waters in an abandoned swine lagoon adversely affecting local surface waters. 7=1 Title: Watershed Markers Location: Little Creek, Southern Waters, Rudee, No. Landing River Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $ 8,000 City Cash Match: $ 4,000 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 12-15-07 Description of Project: Development and installation of watershed markers to increase educational awareness of the locations of the City's watersheds .#5 Title: Stumpy Lake Aeration Location: Stumpy Lake/North Landing River Watershed Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $100,000 City Cash Match: $ 50,000 Funding Source: CIP 7-159 Basis of Estimate: Existing Contract Proposed Completion: Description of Project: 9-30-07 Installation of 4 solar powered aerators in the waters in Stumpy Lake is expected to reduce nutrient concentrations in the water, bacteria and trophic status and stabilize dissolved oxygen levels. Title: Oster Shell Recycling Y Y g Pro Location: Lynnhaven Watershed Contact Agency: Planning Contact Person: Clay Bernick Project Cost: $ 8,000 City Cash Match: $ 4,000 Funding Source: CIP 7-153 Basis of Estimate: Best Professional Judgment Proposed Completion: 9-30-08 Description of Project: Collection, cleaning, weathering, and installation of oyster shells will be used as an educational awareness project and for oyster reef construction. #7 Storm Drain Stenciling Title: Thalia Elem. Riparian Buffer Restoration Location: Lynnhaven Watershed Contact Agency: Planning Contact Person: Clay Bernick Project Cost: $ 10,000 City Cash Match: $ 5,000 Funding Source: CIP 7-153 Basis of Estimate: Best Professional Judgment Proposed Completion: 5-31-08 Description of Project: Acquisition and planting of materials needed to restore a riparian buffer. Title: Storm Drain Stenciling Location: City Wide Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $ 10,000 City Cash Match: $ 5,000 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 9-30-08 Description of Project: Fabrication and distribution of storm drain stencils for installation by civic groups to increase public awareness of the importance of pollution control. #9 Title: Location: Contact Agency: Contact Person: Project Cost: City Cash Match: Funding Source: Basis of Estimate: Proposed Completion: Heritage Park Riparian Buffer Restoration Southern Watershed Planning Clay Bernick $ 10,000 $ 5,000 CIP 7-159 Best Professional Judgment 5-31-08 Description of Project: Acquisition and planting of materials needed to restore a riparian buffer along a former farm drainage channel on land to be dedicated to the City as an easement. Title: Kings Grant Park Riparian Buffer Restoration Location: Lynnhaven Watershed Contact Agency: Planning Contact Person: Clay Bernick Project Cost: $ 10,000 City Cash Match: $ 5,000 Funding Source: CIP 7-153 Basis of Estimate: Best Professional Judgment Proposed Completion: 5-31-08 Description of Project: Acquisition and planting of materials needed to restore a riparian buffer. Acquisition and planting of materials needed to restore a Title: Hampton Roads Ag. Res. & Ext. Riparian Buffer Location: City Wide Contact Agency: Agriculture Contact Person: Mel Atkinson Project Cost: $ 5,000 City Cash Match: $ 2,500 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 5-31-07 Description of Project: Acquisition and planting of materials needed to restore a riparian buffer. Acquisition and planting of materials needed to restore a ka Title: Thoroughgood House Riparian Buffer Restoration Location: Lynnhaven Watershed Contact Agency: Planning Contact Person: Clay Bernick Project Cost: $ 4,000 City Cash Match: $ 2,000 Funding Source: CIP 7-153 Basis of Estimate: Best Professional Judgment Proposed Completion: 5-31-08 Description of Project: Acquisition and planting of materials needed to restore a riparian buffer. AU Title: Location: Contact Agency: Contact Person: Project Cost: City Cash Match: Funding Source: Basis of Estimate: Proposed Completion: Description of Project: wetlands area. Ashville Bridge Creek Instream Wetlands Restoration Southern Watershed VA Dare Soil & Water Conservation District Roy Flanagan $ 20,000 $ 10,000 CIP 7-159 Best Professional Judgment 9-30-08 Acquisition and planting of materials needed to restore a City Cash Match Totals By Funding Source CIP 7-153 $ 73,500 CIP 7-159 $101,500 TOTAL $175,000 TOTAL Grant Funding $175,000 TOTAL Project $350,000 SGM 01-02-07 1NU'8fR y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $88,130 from the Virginia Office of Emergency Medical Services to the FY 2006-07 Operating Budget of the Emergency Medical Services Department for Additional Computer Equipment, 12 Lead Defibrillators and Associated Medical Equipment MEETING DATE: January 9, 2007 ■ Background: The General Assembly established the "Four—for—Life" program for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies to fund EMS programs and projects. As required by Virginia Code Section 46.2-694, the Commonwealth collects four additional dollars on each state automobile license for the Four -for -Life program. Twenty five percent of these funds are returned to municipalities for enhanced training and equipment. Since these funds are based on the number of vehicle registrations, this funding is fluid. During the last funding cycle, the Department of Emergency Medical Services anticipated receiving less revenue from the Commonwealth than the Commonwealth actually awarded. The Commonwealth has awarded Virginia Beach a total of $313,130 from the Four -for -Life Program, which is $88,130 more than the City budgeted. These funds will be used to purchase additional computer equipment to expand EMS' data - collection capability, 12 lead defibrillators, and associated medical equipment. ■ Considerations: These funds must be used to purchase new or enhanced equipment or provide training for EMS departments and may not be use to offset or replace current services that are funded by local governments. ■ Public Information: Funding distributions are announced in the Virginia Office of Emergency Medical Services and Tidewater Emergency Medical Services, Inc. newsletters. ■ Recommendations: Accept the additional funding and appropriate $88,130 of state revenue to the Department of Emergency Medical Services. ■ Attachments: Ordinance and Correspondence dated July 21, 2006 from Dennis Molnar, Business Manager, Virginia Office of EMS Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $88,130 FROM THE VIRGINIA OFFICE OF 3 EMERGENCY MEDICAL SERVICES TO THE FY 4 2006-07 OPERATING BUDGET OF THE 5 EMERGENCY MEDICAL SERVICES DEPARTMENT 6 FOR THE PURCHASE OF ADDITIONAL COMPUTER 7 EQUIPMENT, 12 LEAD DEFIBRILLATORS AND 8 ASSOCIATED MEDICAL EQUIPMENT 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That $88,130 in additional state revenue is hereby accepted 13 from the Virginia Office of Emergency Medical Services and 14 appropriated to the FY 2006-07 Operating Budget of the Emergency 15 Medical Services Department to purchase additional computer 16 equipment, 12 lead defibrillators, and associated medical 17 equipment, with state revenue increased accordingly. 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia on the day of APPROVED AS TO CONTENT: C 7q -r., C12 U/ Management Services 2007. APPROVED AS TO LEGAL SUFFICIENCY: City --Attorney's Off' e CA10240 V:\applications\citylawprod\cycom32\wpdocs\D022\P001\00025393.DOC R-2 December 27, 2006 C(I)IMMONWEALTH of VIRGINIA Robert Strouhe. M.D. a,.P.H. Department of Health State Hcalth Commissioner Office of Emergency Medical Services Gan' R. Brn�cn P.O. Box 2440 Dirt-CV11 Richmond, VA 23218-2448 P. Scott Winston Assistant Director July 2.1, 2006 CITY OF VIRGINIA BEACH Municipal Center Courthouse Drive, Building 41 Attn: Bil I Kiley, Dept of EMS Virginia Beach VA 23456 Dear City/County Administrator: 100 Gcnernor St., Suite UB -55 Richmond. VA 232 1 9 I -WO -523_60l c) (VA only) 304-864-7600 FAX: 80.1-864- 7580 Your locality will be receiving the Fiscal Year 2007 Four -For -Life payment for Emergency Medical Services (EMS) in the amount of $313,130.49_ Guidelines for the use of these funds are attached. Prior to distribution of these funds, this office must receive your Report of Expenditures on last year's distribution. The total amount that must be reported for last year's distribution is annotated on the report. The Four -For -Life program, as amended in 2000, stipulates that four additional dollars be charged and collected at the time of registration of each passenger vehicle, pickup and panel truck. The funds collected, pursuant to Section 46.2-694, Code of Virginia, shall be used only for emergency medical services. The law further states that the Department of Health shall return twenty-six percent (26%) of the registration fees collected to the locality wherein such vehicle is registered to provide funding for: (1) Training of volunteer or salaried emergency medical service personnel of licensed, nonprofit emergency medical sei vice agencies; or (2) for the purchase of necessary equipment and supplies for licensed, nonprofit emergency medical service agencies. int i 1 L tltt It is important to recognize two clauses in the Four-For-Life legislation: (1) nonsu l ting funds and (2) failure to report the use of funds by any local governing body will result in funds being retained. Carol Nance, Assistant Attorney General, at our request has offered the following interpretation for use of the funds. "Any funds received from Section 46.2-694 by a non -state agency cannot be used to match any other funds derived from Section 46.2-694 by that same non -state agency" Simply put, funds returned to localities cannot be used as the matching share of any grants offered using Four-For-Life funds. "Each local governing body shall report to the Board of Health on the use of Four -For -Life funds, which were returned to it. In any case in which the local governing body grants the funds to a regional emergency medical council to be distributed the licensed, nonprofit emergency medical and rescue services, the local governing body shall remain responsible for the proper use of the funds. If, at the end of any fiscal year, a report on the use of Four -For -Life funds for that year has not been received from a local governing body, any funds due to that local governing body for the next fiscal year shall be retained until such time as the report has been submitted to the Board. " If you have any questions or need additional information, please do not hesitate to call us at (804) 864-7600. Sincerely, Denni J. olnar Busine Manager Encl.: Guidelines for Expenditures of EMS Funds Four -For -Life Report of Expenditures Form z)rr bus �S) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Use a Collection Agency to Retrieve Overdue Library Materials and Appropriate $11,000 to the Department of Libraries FY 2006-07 Operating Budget MEETING DATE: January 9, 2007 ■ Background: The Department of Libraries no longer has an effective way to retrieve long overdue materials (materials more than 45 days overdue) or to collect payment for them. Prior to 2004, the Department of Libraries was able to send long overdue accounts to the City Treasurer's Office for collection through set-off debt. However, this process requires a Social Security number, and this is no longer possible due to state requirements. The Department of Libraries sends out two overdue notices to delinquent customers. From November 2005 to October 2006, 3,500 customers had not returned $215,000 in long overdue materials. After careful research, the Department of Libraries recommends use of the Unique Management Services collection agency to retrieve long overdue materials or payment for them. Unique works only with libraries and guarantees budget neutrality by charging a fee of $8.95 to overdue customers rather than charging the library a fee per overdue account. Most libraries using this collection agency show a 65-75% clearance of overdue accounts within a year. Of the remaining accounts, only 1 % is credit reported, which is the final step of the process. When the Department uses the collection agency, the customer will pay the $8.95 fee, and the customer will either return the materials or pay the replacement value of the materials. The goal in this process is to obtain the overdue materials or the funds to replace them. In order to comply with Virginia law, which limits the maximum fee a collection agency can charge, initially only accounts that exceed a total value of $45.00 will be referred for collection. Based on a review of overdue accounts with these parameters for the past twelve months, the estimated fee revenue and expense is $11,000 for FY 2006-07. During contract negotiations with Unique Management Services, we will pursue the feasibility of referring for collection accounts that are valued between $25.00 and $45.00 for a fee that would comply with the fee limits. ■ Considerations: While monies will flow through the Department of Libraries revenue and expenditure accounts, the Department of Libraries anticipates no budgetary impact to future operating or capital budgets except for possible increases in revenue by fees generated from replacing materials. The use of a collection agency and credit reporting by a public library can be controversial. To ensure the public understands why it is necessary to pursue this initiative, the Department of Libraries has already provided this information to the Library Board and will provide it to the Friends of the Library Executive Board. All regular channels for informing the public will be used as well, including press releases, signs, email to library customers, and information in City and library publications. Library staff members will be educated on the need for a collection agency so they can explain to customers why the library has chosen to use this process to collect long overdue materials. ■ Public Information: Public information will be handled through the normal Council agenda notification process. ■ Recommendations: We request that City Council approve an ordinance to appropriate additional revenue and expenditure funding in the amount of $11,000 in FY 2006-07 with local revenue increased accordingly. An additional $11,000 will be requested during FY 2007-08. The fee charged to the customer by Unique Management will be collected at each library, along with the fines, material or value of the material. The fees will be deposited in the appropriate revenue account, and the vendor will be paid those fees on a monthly basis. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Virginia Beach Department of Public Libraries '! City Manager: 1 AN ORDINANCE TO USE A COLLECTION AGENCY 2 TO RETRIEVE OVERDUE LIBRARY MATERIALS 3 AND APPROPRIATE $11,000 TO THE 4 DEPARTMENT OF LIBRARIES FY 2006-07 5 OPERATING BUDGET 6 7 WHEREAS, the Department of Libraries no longer has an 8 effective way to retrieve long overdue materials or to collect 9 payment for them; and 10 WHEREAS, the Department of Libraries recommends the use of 11 a collection agency to retrieve long overdue materials or 12 payment for them; and 13 WHEREAS, the collection agency will charge long -overdue 14 customers with delinquent accounts valued at $45 or more 15 (including fines and the cost of long -overdue materials) a fee 16 of $8.95, and the libraries will collect this fee, deposit it in 17 the appropriate revenue account, and remit it to the vendor on a 18 monthly basis. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 1. That City Council expressly authorizes the use of a 22 collection agency and the imposition of a collection fee of 23 $8.95 per delinquent account valued at $45 or more. 24 2. That $11,000 in estimated revenue from the use of a 25 collection agency to retrieve overdue library materials is 26 hereby appropriated to the Department of Libraries FY 2006-07 27 Operating Budget. 28 3. That $11,000 from local revenue sources is increased 29 accordingly. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia on the day of , 200"j. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J anage ent Services City Attorn 's 0 fice CA10219 V:\applications\citylawprod\cycom32\Wpdocs\D027\P001\00023892.DOC R-3 December 27, 2006 �p`' VlU„�oyL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $150,000 within the Department of Libraries FY 2006- 07 Operating Budget to Support the Purchase of a Records Management Inventory Control System MEETING DATE: January 9, 2007 ■ Background: The Records Management division of the Municipal Research and Records Center (MRRC) within the Department of Libraries is currently using an out-of- date paper inventory process for all of the documents and records boxes that it currently stores for the City of Virginia Beach. An analysis completed in June 2006 recommended that a new inventory control automation software system be purchased for the MRRC to replace the current manual practice of tracking inventory by paper and pencil. ■ Considerations: The MRRC manages records for all City Departments, Schools, and the Courts. As the City of Virginia Beach has grown during the past twenty years, the amount of its business records also has increased exponentially. Tracking these records using a manual practice of paper and pencil is inefficient, ineffective, and sometimes inaccurate. A proven inventory control automation software system would ensure the accuracy of storing, retrieving, and tracking records through their entire lifecycle. This would ultimately increase the efficiency and effectiveness of the records management program and better utilize staff time. The cost for this software is projected to be approximately $50,000. The project management and hardware costs associated with this new inventory control system are projected to be $100,000. A subject matter analyst would be contracted to determine the functional requirements needed, and a city-wide team would be formed to include stakeholders such as Libraries, ComIT, Legal and other business representatives to develop a strategic plan for implementation and write a request for proposals. In order to expedite automating the City's records inventory process, the Department of Libraries has identified $150,000 in available funding in FY 2006-07 from vacant positions. This funding would not be available in FY 2008 as the Department anticipates filling the vacant positions by July 1, 2007. Any future funding required for maintaining or upgrading this system, once purchased, will be identified and requested through the regular budget process. Estimated maintenance costs are between $5,000 and $15,000 per year depending upon the particular software selected. ■ Public Information: Public information will be handled through the normal Council agenda notification process. ■ Alternatives: The MRRC could utilize a Microsoft Database System to track documents. While it is possible to track documents and records boxes using either Excel or Access software, neither is designed specifically for the sophisticated type of inventory control necessary to handle the volume of documents and records that the City of Virginia Beach currently has in storage or will generate in the future. ■ Recommendations: It is recommended that the ordinance be approved and that MRRC- be authorized to move forward with an RFP for the identification and purchase of inventory control automation software and hardware. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Libraries City Manage . k • t1 1 AN ORDINANCE TO TRANSFER $150,000 WITHIN 2 THE DEPARTMENT OF LIBRARIES FY 2006-07 3 OPERATING BUDGET TO SUPPORT THE PURCHASE 4 OF A RECORDS MANAGEMENT INVENTORY 5 CONTROL SYSTEM 6 7 WHEREAS, an automated software system would better enable 8 the Municipal Research and Records Center to accurately store 9 and track public records. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 That $150,000 is hereby transferred within the Department 13 of Libraries FY 2006-07 Operating Budget to support the purchase 14 of Records Management Inventory Control System software and 15 associated hardware. 1'6 Adopted by the Council of the City of Virginia Beach, 17 Virginia on the day of , 2007. APPROVED AS TO CONTENT: /knc�' ��� &—anagemeint Jervices APPROVED AS TO LEGAL SUFFICIENCY: 'J" " City Attornal's 0 ice CA10239 V:\applications\citylawprod\cycom32\Wpdocs\D022\P001\00025390.DOC R-3 December 29, 2006 L. PLANNING 1. Application of STEPHEN and LORI BURWELL for an enlargement of a nonconforming use at 310 45h Street to add two (2) small one-story additions. DISTRICT 6 — BEACH RECOMMENDATION: APPROVAL 2. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for PYONG TU CHO at 1212 North Inlynnview Road to subdivide the existing two lots and develop a new lot for a single family dwelling. DISTRICT 5 — LYNNHAVEN APPLICANT REQUEST RECOMMENDATION INDEFINITE DEFERRAL DENIAL 3. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for ROSE ANNA ETHERIDGE at 2934 Princess Anne Road to demolish the existing structure and construct an appropriate replacement. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of CINGULAR WIRELESS for a Conditional Use Permit to install a wireless communications tower on an existing VEPCO transmission tower at 5638 Baccalaureate Drive (Campus East and Lake Edward). DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 5. Application of MILITARY AVIATION MUSEUM for a Conditional Use Permit for a museum within an existing airport hanger at Gum Bridge and Princess Anne Roads. DISTRICT 7 — PRINCESS ANNE G 7. RECOMMENDATION APPROVAL Application of CHARLES M. and DAWN R. RICHT for a Conditional Use Permit for an alternative residential development (three single-family lots) at Princess Anne Road and Munden Point Road. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL Application of SAINT JAMES MISSIONARY CHURCH for a Conditional Use Permit for a childcare center and before/after school program within an existing church at 5724 Old Providence Road. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL PUBLIC HEARING The regular meeting of•the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday. January S. 2007 at 6:00 a.m., at which time the follow- ing applications will be heard: DISTRICT 6 - BEACH Stephen & Lori Burwell Application: Expansion of a Nonconforming Use at 310 45th Street (GPIN 2418866963). DISTRICT 7 - PRINCESS ANNE Military Aviation Museum Application: Conditional Use Permit for a museum at Princess Anne and Gum Bridge Roads (GPIN 2401762176 - part of). Charles M. & Dawn R. Richt Application: Condi- tional Use Permit for an alternative residential development at Princess Anne and Munden Point Roads (GPIN 2318006762). Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordim nance, Subdivision for Rose Anne Etheridge, at 2934 Princess Anne Road (GPIN 1494388174). DISTRICT 2 - KEMPSVILLE Saint James Missionary Church Application: at Condi- tional Use Permit for a child care center 5724 Old Providence Road (GPIN 1456844401). DISTRICT 5 - LYNNHAVEN Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordf nance, Subdivision for Pyong Tu Cho, at 1212 North Inlynnview Road (GPIN 1498459841). All interested citizens are invited to attend. Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and'. amendments are on file. and may be examined in the Department of Planning or online at trttp://www.vbgov.com/dept/­Rlanning/bo, ds/Dc/. For information call 3854621. If you are physically disabled or visually impaired and need assistance at this meet-! ing, please call the CITY CLERK'S OFFICE at 385-4303. Beacon Dec. 24 & 31, 2006 16303780 J SUNDAY, 12.31.06. I BF -AC( r We • ok cru � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Enlargement of a Nonconforming Use on property located at 310 45th Street (GPIN 2418866963). DISTRICT 6 — BEACH MEETING DATE: January 9, 2007 Background: The site is zoned R-7.5 Residential District. The proposed site is considered nonconforming because it contains two dwelling units on one lot, which is not allowed at this time. The primary dwelling unit was built in 1955, has two -stories and contains 1,553 square feet. There is a smaller, one-story, 492 square foot dwelling unit in the rear, fronting on the 20' alley. Since the site contains two dwelling units and is nonconforming, any additions to either building require City Council approval. Considerations: The applicants, Stephen and Lori Burwell, request permission to add two small, one-story additions totaling 107 square feet onto the west side of the main home. The additions will accommodate a kitchen expansion and a mudroom. The western side of the home has a 6' side yard setback and the additions will also have a 6' side yard setback and not encroach any closer to the western property line than the existing home. The applicants have submitted architectural elevations showing that the additions will be attractive and in keeping with the existing character of this older home. Recommendations: The proposed enlargement is reasonable, will have a minimal impact, and will be as appropriate to the district as the existing non- conforming use. The proposed addition will not extend any closer to the western side lot line than the existing home. The proposed architecture will blend in with the existing structure, and the residential use will remain the same. The request, therefore, is acceptable as submitted, subject to the conditions below. 1. The proposed enlargement shall be developed as depicted on the site plan entitled "Physical Survey of Lot 76, Map of Cavalier Shores" dated July 5, 2006 and last revised October 19, 2006, a copy of which has been exhibited to the City Council and is on file in the Planning Department; and 2. The architectural design, colors, and materials of the additions to the existing structure shall be as depicted on the submitted elevations entitled "Renovation and Addition Burwell Residence -New Work Elevations" dated October 8, 2006, a copy of which has been exhibited to the City Council and is on file in the Planning Department. Stephen and Lori Burwell Page 2 of 2 ■ Attachments: Staff Review Disclosure Statement Location Map Resolution Recommended Action: Staff recommends approval.r Submitting Department/Agency: Planning Department City Manager: k- , V;-. 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 310 45" STREET, IN THE BEACH DISTRICT 4 WHEREAS, Stephen and Lori Burwell,(hereinafter the 5 "Applicant") have made application to the City Council for 6 authorization to enlarge a nonconforming single-family dwelling 7 situated on a certain lot or parcel of land having the address 8 of 310 45th Street, in the R-7.5 Residential District; and 9 WHEREAS, the said single-family dwelling is a nonconforming 10 use, in that there are two dwelling units located on the same 11 parcel, which is no longer allowed; and 12 WHEREAS, pursuant to Section 105 of the City Zoning 13 Ordinance, the enlargement of a nonconforming use is unlawful in 14 the absence of a resolution of the City Council authorizing such 15 action upon a finding that the proposed use, as enlarged, will 16 be equally appropriate or more appropriate to the zoning 17 district than is the existing use; 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That the City Council hereby finds that the proposed use, 21 as enlarged, will be equally appropriate to the district as is 22 the existing use. 23 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That the proposed enlargement of the Applicant's single - 26 family dwelling is hereby authorized, upon the following 27 conditions: 28 1. The proposed enlargement shall be developed as 29 depicted on the site plan entitled "Physical Survey of Lot 76, 30 Map of Cavalier Shores" dated July 5, 2006 and last revised 31 October 19, 2006, a copy of which has been exhibited to the City 32 Council and is on file in the Planning Department; and 33 2. The architectural design, colors and materials of the 34 additions to the existing structure shall be as depicted on the 35 submitted elevations entitled "Renovation and Addition Burwell 36 Residence—New Work Elevations" dated October 8, 2006, a copy of 37 which has been exhibited to the City Council and is on file in 38 the Planning Department. 39 Adopted by the Council of the City of Virginia Beach on the 40 day of January, 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: flakning'V City Attorney's Office CA10242 V:\applications\citylawprod\cycom32\Wpdocs\D026\P001\00025427.DOC R-5 December 27, 2006 STEPHEN & LORI BURWELL January 9, 2007 City Council Meeting REQUEST: Enlargement of a Nonconforming Use to facility a kitchen expansion. ADDRESS / DESCRIPTION: 310 45th Street. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24188669630000 6 - BEACH 7,197 square feet SUMMARY OF REQUEST The site is zoned R-7.5 Residential District. The proposed site is considered nonconforming because it contains two dwelling units on one lot, which is not allowed at this time. The primary dwelling unit was built in 1955, has two -stories and contains 1,553 square feet. There is a smaller, one-story, 492 square foot dwelling unit in the rear, fronting on the 20' alley. Since the site contains two dwelling units and is nonconforming, any additions to either building require City Council approval. The applicant requests permission to add two small, one-story additions totaling 107 square feet onto the west side of the main home. The additions will accommodate a kitchen expansion and a mudroom. The western side of the home has a 6' side yard setback and the additions will also have a 6' side yard setback and not encroach any closer to the western property line than the existing home. The applicants have submitted architectural elevations showing that the additions will be attractive and in keeping with the existing character of this older home. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. STEPHEN & LORI BURWELL January 9, 2007 City Council Meeting Page 1 The proposed enlargement is reasonable, will have a minimal impact, and will be as appropriate to the district as the existing non -conforming use. The proposed addition will not extend any closer to the western side lot line than the existing home. The proposed architecture will blend in with the existing structure, and the residential use will remain the same. The request, therefore, is acceptable as submitted, subject to the conditions below. CONDITIONS 1. The proposed enlargement shall be developed as depicted on the site plan entitled "Physical Survey of Lot 76, Map of Cavalier Shores" dated July 5, 2006 and last revised October 19, 2006, a copy of which has been exhibited to the City Council and is on file in the Planning Department. 2. The architectural design, colors, and materials of the additions to the existing structure shall be as depicted on the submitted elevations entitled "Renovation and Addition Burwell Residence -New Work Elevations" dated October 8, 2006, a copy of which has been exhibited to the City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. STEPHEN & LORI BURWELL January 9, 2007 City Council Meeting Page 2 SIGNED : BR/CK 20ALLEY PLANTER (45 1/2 STREET) CROSS SET ASPHAL �' UTILITY POLE �URFACE S 82'45'00" {'V "i PIN FOUND _ cn nn� I /— NAIL SET dw f6 FFf `na° ARTHUR L ROOD No. i 3 f G? Obi yoQ. PIN FOUND TOTAL LOT AREA : 7,204 SO. FT OR 0.1654 AC. I •i♦� I♦i I�i� ,�1 OR FRAME ��� ♦i��ll� ! ' LINK FENCE OVERHEAD WRI ` 75 e '' �i� . iii♦%. EX BRICK WALK i PROPOSED ADDITION (MUD—ROOM) \ 9 7' i��j♦tl (VARIANCE REQUIRED •+ 2 -STORY FRA ME /310 ♦jam; vr- \ PROPOSED ADDI TION J A j;(VARIANCE REQUIRED) `v I ♦,5. 1.56./ BRICK PLANTERON ♦ ���� • �� ��♦ ♦� UNE, -�' L =50 0.5 ' { 2 1. o' -I —CROSS SET R=15122L 150' TO 45th STREET ROLL Y ROAD (FORUERL Y A IIIA A) (70' R/W) PROPOSED SITE PLAN STEPHEN & LORI BURWELL January 9, 2007 City Council Meeting Page 4 U 8 PROPOSED BUILDING ELEVATION STEPHEN & LORI BURWELL January 9, 2007 City Council Meeting Page 5 C H �=ep p ►-F Q O pp Z W p� yTp gh U 8 PROPOSED BUILDING ELEVATION STEPHEN & LORI BURWELL January 9, 2007 City Council Meeting Page 5 PROPOSED BUILDING ELEVATION STEPHEN & LORI BURWELL January 9, 2007 City Council Meeting Page 6 �. euu slrnr�:u ersowunnt � �--'�r:.I gg- im:i j WW' �I�� ■■ -111111= 111111 goa I!I li;I r. IIS I ISI; I I: Ifl II. I I: [s!'!I' ■o i. on dill■ NY� ■! !! iii II t 0 .�1SIR I 1' I \�-III IIII Ijlj v Sonoma 11:IIIII PROPOSED BUILDING ELEVATION STEPHEN & LORI BURWELL January 9, 2007 City Council Meeting Page 6 Number Date Description Action 1 06/25/02 Enlargement / Conversion of a Granted nonconforming use 2 02/18/86 Conditional Use Permit Bab sittin Denied ZONING HISTORY STEPHEN & LORI BURWELL January 9, 2007 City Council Meeting Page 7 L Ivm 0:1 4 m 0 nr C X 0 00 ^-U W a o0D (Q r v 0) r V/ X Ch D M M lz; 0 DISCLOSURE STATEMENT DISCLOSURE STATEMENT O 1�1 V /W V J r� V C) O V O APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list it necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different front applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity/ relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' 8 ' See next page for footnotes — 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. ' "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." Seo State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that upon receipt of notification (postcard) that the application has been scheduled for public hearing. I 1 g. � m responsible for obtaining and posting the required sign on the subject properly at least 30 days prior to the scheduled public hearing according to the instructions in this package. The upd@rsigned also consents to entry upon the subject property by employees of the Department of tart i�g to photograph and view the site for purposes of processing and evaluating this application. ^ _"- - -- — -��>�ei� Applicant's Signature ame Property Owner's Signature (it different than applicant) Print Name 1 Nun-(;onlnin•ing Use App:-f"11Non-('onlnnn'.n9 USe App:—t-1 rlgeenle negesde Hopi irtd 5 P2106 4lcvis[tA!i 1206 O Neill _V Q4 21 rW V J r� V CTO O V O ulf L)-+/ cuur 1U. 4L ?"j? -4f7 -401j A January 4, 2007 Ms. Ruth H. Fraser City Clerk City of Virginia Beach 2405 Courthouse Drive Municipal Center, Bldg 1 Virginia Beach, VA 23456 HAGE 01 Professional Construction Consultants LLC RE., Pyong Tu Cho,1212 N. ,lnlynnview Road Dear Ms. Fraser: 5316 Brockie Street Virginia Beach, VA 23464 (757) 773-8084 FAX (75 7) 479-40.13 FAX AND MAIL It is requested that the agenda item for Pyong Tu Cho be deferred from the City Council Meeting scheduled for 6:00 pm January 9, 2007 until further notice. This agenda item was forwarded to the City Council by the Planning Commission. Respectfully, ��. - /Aicharw�6�ett,'­' Agent for Pyong Tu Cho c: Pyong Tu Cho Gpin 1498-45-9841 eo CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Pyong Tu Cho. Property is located at 1212 North Inlynnview Road (GPIN 1498459841). DISTRICT 5 — LYNNHAVEN MEETING DATE: January 9, 2007 ■ Background: The existing lot has 1.79 acres, a lot width of 187.07, and is zoned R-40 Residential District. There is an existing single-family house located on the lot. The lot is impacted by the Chesapeake Bay Preservation Area, Resource Protection Area. The applicant has obtained approval from the Chesapeake Bay Board for the construction activity proposed with this proposal. ■ Considerations: It is the intent of the applicant to subdivide the existing lot into two lots and develop the new lot with a single-family dwelling. The lot that will contain the existing house lacks the required lot width of 125 feet. According to the submitted plat, the lot has a width of only 25.04 feet. Evaluation of this request reveals that the applicant has not met the criteria listed in Section 9.3 of the Subdivision Ordinance for a variance. Application of the existing ordinances and regulations produces no undue hardship upon the site. The site can still be used and or redeveloped in accordance with the current ordinances and regulations. The existing lot shares the same topographical characteristics as other lots within the area and thus, this is not a valid reason for granting the variance. The existing neighborhood may be adversely affected with the introduction of lots smaller in size than those currently existing on the waterside of the street. While several variances to lot width have been approved in the past, those requests produced lots varying in size from 88,000 square feet to 33,500 square feet outside of water, marsh and wetlands. This request proposes lots of 28,628 square feet and 26,821 square feet outside of water, marsh and wetlands. Thus, this proposal is not comparable to past subdivision variance actions. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to deny this request. ■ Attachments: Staff Review Pyong Tu Cho Page 2 of 2 Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends denial. Planning Commission recommends denial. Submitting Department/Agency: Planning Department � City Manage PYONG TU CHO Agenda Item 7 December 13, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. ADDRESS / DESCRIPTION: 1212 Inlynnview Road. Map HJ -5 Pon Tu Cho Me Not w 5c 1l I / � LYNNHAVEN BAY h . R-4 /11A R-40 020 M V R-40 1 �4� a 00 O / Goin 14984-5-9841 GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1498459841 5 - LYNNHAVEN 77,913 square feet (1.79 acres) Existing Lot: The existing lot is 1.79 acres and 187.07 feet in SUMMARY OF REQUEST width. Proposed Lots: It is the intent of the applicant to subdivide the existing lot into two lots and develop the new lot with a single-family dwelling. The new lot lacks the required lot width of 125 feet. According to the submitted plat, the lot has a width of only 25.04 feet. Item Required Lot Y_1 LQtYL-2 Lot Width in feet 125 162.03 25.04` Lot Area insquare feet 40,000 40,122 44,364 Lot Area in square feet outside of water, marsh or wetlands 24,000 26,821 28,628 "Variance required LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling and associated accessory uses occupy the site. SURROUNDING LAND North: . Lynnhaven Bay USE AND ZONING: South: . Inlynnview Road East: . Single-family dwelling / R-40 Residential West: . Single-family dwelling / R-40 Residential NATURAL RESOURCE AND The site is within the Resource Protection and Management areas of the CULTURAL FEATURES: Chesapeake Bay Preservation Area. The applicant received a variance from the Chesapeake Bay Board on July 24, 2006 for construction related to a new dwelling on the proposed lot. The following conditions are attached to the variance: 1. A pre -construction meeting shall be convened with Civil Inspections prior to any land disturbance, inclusive of demolition. 2. A 36" wire re -enforced silt fence, shall be installed prior to any land disturbance and shall remain in place until such time as vegetative cover is established. 3. Permanent and / or temporary soil stabilization as determined by staff shall be applied to all disturbed / denuded areas prior to a final building inspection or certificate of occupancy. 4. Construction limits shall lie a maximum of 15' seaward of improvements. 5. The construction access way shall be noted on the site plan as well as the stockpile staging area. 6. Stormwater from existing and proposed impervious cover associated with both lots shall be conveyed to stormwater management facilities. 7. If and when the shoreline is re -hardened, a rip -rap revetment shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said revetment shall lie at or landward of mean high water or tidal vegetated wetlands. Said condition shall be so noted on the site plan. 8. Under deck treatment of sand and gravel shall be installed. 9. A maximum of 10% of Lot Y-1 and 5% of Lot Y-2 of the residual yard area not devoted to impervious cover may remain in turf. The residual 90% and 95% respectively, shall be devoted to buffer restoration — approximately 18,086 square feet for Lot Y-1 and approximately 19,390 square feet for Lot Y- 2. Said restoration shall utilize bayscape landscaping principles and incorporate a mulch layer of organic material 4" — 6" in depth. In addition to the aforementioned buffer restoration, a minimum of 34 trees shall be installed for Lot Y-2 and thirty- four (34) trees for Lot Y-1, tree species shall be comprised of 50% deciduous and 50% evergreen, and shall be evenly distributed throughout the lots to the greatest extent possible. Required buffer restoration and tree installation for Lot Y-2 shall occur prior to final plat recordation. Required buffer restoration and tree installation for Lot Y-1 shall occur prior to the issuance of the certificate of occupancy. Said condition shall be so noted on the site plan. 10. A separate landscape / buffer restoration plan for each lot shall be submitted concurrent with the site plan / preliminary subdivision reviews detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized area (forest floor), planting beds, and turf zones. 11. The conditions and approval associated with this variance are based on the site plan dated April 1, 2006, prepared by Gallup Surveyors and Engineers Ltd. 12. There shall be no pier constructed for Lot Y-1 and Y-2 beyond what exists today, exclusive of sub -aqueous bottom. 13. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. 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): Inlynnview Road is a residential dead end street. There are no traffic counts for the street. Addition of one home will generate ten (10) additional ADT. WATER & SEWER: An eight -inch City water main increases to a 10 -inch City water main in Inlynnview Road. The site has an existing water meter, which may be used or upgraded. A separate water meter will be required for the new lot. There is an eight -inch City gravity sanitary sewer force main on Inlynnview Road fronting the lot. The site is connected to City sanitary sewer. A separate sanitary sewer connection will be required for the new lot. Analysis of Pump Station 215 and the sanitary sewer collection system will be required to ensure future flows can be accommodated. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends denial of this request. Evaluation: Evaluation of this request reveals that the applicant has not met the criteria listed in Section 9.3 and provided above. Application of the existing ordinances and regulations produces no undue hardship upon the site. The site can still be used and or redeveloped in accordance with the current ordinances and regulations. The existing lot shares the same topographical characteristics as other lots within the area and thus, this is not a valid reason for granting the variance. The existing neighborhood may be adversely affected with the introduction of lots smaller in size than those currently existing on the waterside of the street. While several variances to lot width have been approved in the past, those requests produced lots varying in size from 88,000 square feet to 33,500 square feet outside of water, marsh and wetlands. This request proposes lots of 28,628 square feet and 26,821 square feet outside of water, marsh and wetlands. Staff, therefore, cannot support the request. MA SCHOM ATM mrN VeFa +ara LOT 5 &L 2"2 P- So pul) LYNNHAVEN RIVER . i .r tj$ w------�Pot ~ 2 S PON' V, 1 j � tAMOEMM fF *m LYNNHAVEN RIVER . i .r tj$ w------�Pot � � W_:_� rtifrlllrr iT7'��'d�FJ� G` L1iN1plli amM P OF BW F SLOPE] TRACT Z} "A 20 P. 75 -PPOPOM sopr 6wrm 90 " fPl- - -r F} 1 f } Rxc Kl 20 i P ;�%j ~ 2 S PON' V, � � W_:_� rtifrlllrr iT7'��'d�FJ� G` L1iN1plli amM P OF BW F SLOPE] TRACT Z} "A 20 P. 75 -PPOPOM sopr 6wrm 90 " fPl- - -r F} 1 f } Rxc Kl 20 i P ;�%j 1. 5/23/00 Subdivision Variance Approved 2. 3/12/90 Subdivision Variance Approved 3. 11/25/85 Subdivision Variance Approved ZONING HISTORY I I - Z w 2 W iie 0 J r lei m-- mma ow DISCLOSURE STATEMENT Z re w Ear J.- W -------------- -- m-- mma ow DISCLOSURE STATEMENT Z w W ,Wt U) u m-- mma ow DISCLOSURE STATEMENT Item #7 Pyong Tu Cho Subdivision Ordinance 1212 North Inlynnview Road District 5 Lynnhaven December 13, 2006 REGULAR Barry Knight: Mr. Secretary, please call the first item in our regular agenda for the public hearing. Joseph Strange: The next item is item #7, Pyong Tu Cho. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of Pyong Tu Cho. Property is located at 1212 North Inlynnview Road, District 5, Lynnhaven. Barry Knight: Do you have a representative for the applicant? Ed Weeden: Richard Bartlett. Barry Knight: Is the applicant present? Richard Bartlett: A representative of the applicant. Barry Knight: That is fine. Welcome sir. Please state your name for the record. Richard Bartlett: My name is Richard Bartlett. I'm here on behalf of Mr. Pyong Tu Cho. This is Paul. This is his son. Paul Cho: My name is Paul Cho. Richard Bartlett: Mr. Cho desires to subdivide this property. I could have one of the slides? One more please. In Lot Y-1, which is left of the green line shown and Y-2, which is right of the green line shown there. It is presently a residence, which Mr. Cho occupies. Just below the letter Y to Lot Y-2, and that his is principal residence. The intent is to subdivide it so he can build another single-family residence on Lot Y-1 for his son, who is in Chicago. Mr. Cho started this process last spring, and in the spring of 2006, when the Chesapeake Bay Preservation Act variance was requested. And I fully understand the difference between the Planning Commission and the CBPA Board. He went through the process of the CBPA and the CBPA approved, based on that indication there, a variance for that CBPA plan on July 24, 2006. The next step after that was to come before the Planning Commission; therefore, we request permission to legally subdivide the property so we can move forward on this. In the timeframe from July to when we made the application on behalf of the Cho's, Paul, Mr. Cho's son, has canvassed Item #7 Pyong Tu Cho Page 2 the neighborhood, having signatures or comments in support of this process here, and on North Inlynnview Road, and if you can go back a little bit? Go back please? On North Inlynnview Road, you can see it sort of goes to the left where the Crossness property is and then takes that left at the bottom of the screen. We've contacted about 80 percent of the residents along there, and everyone that he has contacted has signed a signature page that was submitted with the application package in support of that. The 20 percent that he didn't get are where they were not home where did not sign it. They didn't express a desire not to have it done, but they were either not available or desired not to sign it. He has received no opposition from neighbors whatsoever in support of this. The other thing that I wanted to note and it's important. Paul is going to hold this up here. Previous Planning Commissions have approved subdivision of lots in the neighborhood. I don't know if you can all see this. Ed Weeden: Mr. Bartlett? Try to stay next to the microphone. Richard Bartlett: I'm sorry. Okay. The green arrow here is Mr. Cho's lot. The orange rectangular coming out is Mr. Cho's lot. All the other red arrows are subdivided lots. These lots have all been subdivided with approval from previous Planning Commissions. There was a concern expressed that subdividing Mr. Cho's lot, which is approximately 2 - acres, and if we can go back again, Y-1 and Y-2 are approximately 1 -acre. I think one is .92 and 1.04. I think it is about 2 -acres. Several of these subdivisions have also been split, and that 1 -acre, and specifically Lot 3, have been separated into lots that are 1 -acre, as well as Lots 5 and 6 have and Lot 8. There have been other lots established through subdivision process that approximately equate the land area. Mr. Cho's should be subdivided. What were asking is that the Planning Commission be consistent with past Planning Commission rulings and apply the same criteria and allow him to subdivide his lots into two, approximately 1 -acre lots for future residential construction on Lot Y-2. Barry Knight: Thank you. Are there any questions for Mr. Bartlett? We don't have any other speakers do we Mr. Strange? Joseph Strange: No. Barry Knight: No. Okay. Ms. Wood? Dorothy Wood: Mr. Bartlett, you do know that we did receive a letter from a neighbor who is in opposition. Richard Bartlett: I am not aware of that. Dorothy Wood: You have signatures from your adjacent neighbors, both of them, and the people across the street? Paul Cho: Next door ma'am. We have the adjacent. Yes. Item #7 Pyong Tu Cho Page 3 Dorothy Wood: Both sides? Paul Cho: Not both sides, only one side. Dorothy Wood: And the other side was objecting? Paul Cho: Yes. Barry Knight: Ms. Katsias? Kathy Katsias: Could you show us on that site plan which neighbor objected? Barry Knight: There is a laser right there Mr. Bartlett. Richard Bartlett: This neighbor right here objected. We are not aware of the objection, because we don't have any record of any objection. Barry Knight: Would that be Mr. Edwards? Does Mr. Edwards live there? Paul Cho: Mr. Edwards lives across the street. He lives right there. Dorothy Wood: Yeah. Barry Knight: Okay. Richard Bartlett: His house is for sale. Barry Knight: Are there any other questions? Mr. Bernas? Jay Bernas: Could you show with the laser on that map you got, you have arrows where there were other subdivisions. Can you use the laser to show as existing lots, which ones? Richard Bartlett: This lot right here was subdivided and this lot here. Dorothy Wood: How big is that lot now? Richard Bartlett: Lot 3? Let me see. That is a result of a subdivision and those lots were 3.45 acres, 1.5 acres, .92, 1.87, and .97. All of these lots here have been subdivided on a larger parcel now consist of those five numbers here. So they run the gamut of .92 acres to 3.45 acres. Barry Knight: Ms. Katsias? Item #7 Pyong Tu Cho Page 4 Kathy Katsias: So, these two lots that you are trying to subdivide would be just a little bit more than a half -acre? Richard Bartlett: No. Kathy Katsias: 25,000 square feet? Richard Bartlett: No. They would be .92 acres and 1.02 acres. Kathy Katsias: Okay. Barry Knight: Is that of high land? Richard Bartlett: I'm sorry. I didn't hear you. Barry Knight: Is that total acreage including high land and land that is in floodplain? Richard Bartlett: That is total acreage of the lot. Barry Knight: Total acreage. Mr. Ripley? Ronald Ripley: I don't know anything about the other variances at all. Since I've been on here, I don't think we've had any in this neighborhood. I can't recall any. But the staff had a problem because they couldn't find whether it was a hardship. Can you tell us what the hardship is that we need to address, because that is really what we need to look at here? Richard Bartlett: Right. And I understand that. Ronald Ripley: What is the hardship? Richard Bartlett: The only hardship that we are approaching here is that consistency be applied from previous Planning Commissions. Ronald Ripley: That is the hardship? Richard Bartlett: Yes. Let's not single out where other Planning Commissions have allowed it. Ronald Ripley: How is that a hardship? I don't understand. Is there a hardship relating to the property itself? Richard Bartlett: There is no hardship to the property itself. It is just the treatment of the individual. Item #7 Pyong Tu Cho Page 5 Ronald Ripley: Okay. So this is some sort of policy hardship basically that you are interpreting? Richard Bartlett: I wouldn't say policy. Whatever term you want to use, it is the standards of existence to the City of Virginia Beach. Ronald Ripley: Okay. I understand. Thank you. Richard Bartlett: Thank you. Barry Knight: Are there any other questions? Ms. Wood? Dorothy Wood: When was the adjacent property subdivided? I don't remember it either, and I've been on for seven years. Richard Bartlett: These here? Dorothy Wood: Yes sir. Richard Bartlett: 1987. Dorothy Wood: Quite a while ago. The Planning Commissions have changed through the years. Richard Bartlett: Yes. I understand that none of you here were on the Planning Commission in 1987. Dorothy Wood: Thank you. Barry Knight: Are there any other questions? Richard Bartlett: A couple of others were after that. Dorothy Wood: But they are not exactly in the neighborhood, are they, like Brittany Estates isn't exactly in the neighborhood? Richard Bartlett: Lot 2, which is right next to it, was done in 2000. It is just acreage. Lot 1, 2005, Lot 2 was 2000; so, we've had subdivisions in that area. My first comments were those that were comparable areas. Barry Knight: Mr. Henley has a question. Al Henley: The lot that will be created where the new home will go, you said it was roughly little over an acre. Approximately, what area of that parcel is wetland, marsh or water? Item #7 Pyong Tu Cho Page 6 Richard Bartlett: A percentage? Al Henley: Yes. Richard Bartlett: My recollection of it, and I don't have a calculator but you're look at about 10 percent or so. Al Henley: So, 10 percent would be wetlands? The second question is that the resident to the left, the resident who lives there subdivided that parcel some years ago? Paul Cho: Next to the left they just built a house, and last year they moved in. Al Henley: Okay. Ed Weeden: Mr. Cho, you need to get to the mic. Paul Cho: Oh, I'm sorry. Right next to the left lot, they built a house, and they moved in last year. 038 and 481, and all three lots were one owner. They subdivided it. Al Henley: Okay. Thank you. Barry Knight: Are there any other questions for the applicant? Thank you sir. Richard Bartlett: Thank you. Paul Cho: Thank you. Barry Knight: Mr. Secretary, you said we have no more speakers? Joseph Strange: No other speakers. Barry Knight: We'll open it up for discussion among the Commission members. Ms. Anderson? Janice Anderson: I would like to say hello to Paul. I haven't seen you in a long time. I've known Paul for several years, and his parents. They run a business near London Bridge, which I frequented several times, and they are - I think the world of Paul and his parents. So, they are wonderful people. But, I have reservations of supporting this, because I do not believe it meets the criteria we're supposed to look for a hardship. And, the hardship is really supposed to be for the subdivision. And the hardship is in the property and not in finance where it would be convenient for the Cho's to subdivide the property because they have sufficient land to put their son's house there. I know that is what they desire, but that is not a hardship. The property is rectangular shaped. It is not unusually large and I just can't believe, and we've got some letters from neighbors that say that they believe that it negatively impacts their neighborhood and the character of it. I just don't think it meets the qualifications. Item #7 Pyong Tu Cho Page 7 Barry Knight: Thank you Ms. Anderson. Is there anyone else? Ms. Katsias? Kathy Katsias: As the Lynnhaven representative, I totally agree with Ms. Anderson, and therefore, I except the recommendation of the Planning staff and support their recommendation. Barry Knight: Would you like to make a motion? Kathy Katsias: I make a motion to approve the recommendations? Barry Knight: To deny the application? Kathy Katsias: I mean to deny the application? Barry Knight: To deny? Okay. Kathy Katsias: Oh to deny. Right. Barry Knight: Okay. John Waller: I'll second it. Barry Knight: Okay. There is a motion on the floor to deny agenda item #7 by Kathy Katsias and a second by John Waller. Is there any other discussion? Mr. Bernas? Jay Bernas: The only thing that I'm struggling with is, and you're looking at it right now. You've got three flag logs on the same side of the street, and they are all close to each other. But 1 do agree with Commissioner Katsias and Commissioner Anderson's comments, and it seems like based on this table, that there is a significant area of these lots that would be in the marsh that are included in the lot size. Based on this table, the upland area of Y-1 is almost 27,000 square feet. The Lot Y-2 in the rear, the upland is almost 28,000 square feet. So, to me, I'm kind of struggling with the resulting size based on the upland area because there are a lot of wetlands that is included in the one -acre lots. Then you got those flag lots, and they are right there, directly adjacent on the same side of the street. So, I'm still kind on the fence. Barry Knight: Mr. Ripley? Ronald Ripley: I tend to agree also, but I think for my point of clarification, Mr. Scott, it does meet that upland requirement doesn't it? Robert Scott: It apparently does. It's an issue of width. Ronald Ripley: Yes. That's it. Item #7 Pyong Tu Cho Page 8 Barry Knight: Is there any other discussion? There is a motion on the floor by Kathy Katsias and a second by John Waller to deny. So a vote of AYE is to deny. We'll call for the question. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has denied the application Pyong Tu Cho. Jraap .—,I map Not to Scale Q AG 9 Rose Anna Ether Subdivision Variance : raj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Rose Anna Etheridge. Property is located at 2934 Princess Anne Road (GPIN 1494388174). DISTRICT 7 — PRINCESS ANNE MEETING DATE: January 9, 2007 ■ Background: The site was subdivided by deed in 1961 from an 11 -acre parcel, and thus, the lot is not considered to be a legal lot. The applicant is the original grantee of the property. The existing lot is 15,300 square feet, 90 -feet in width, and does not have direct access to a street. Access to the site is provided via a 20 -foot ingress / egress easement from Princess Anne Road. The applicant's home is in disrepair, and the applicant applied for assistance from the City of Virginia Beach Department of Housing and Neighborhood Preservation to demolish and rebuild the home. The applicant is eligible for such assistance provided the lot is properly and legally subdivided. ■ Considerations: Approval of a subdivision variance is usually not recommended without first comparing the request to the defined findings of Section 9.3 of the Subdivision Ordinance. This request, however, should be viewed as a special circumstance in that the parcel was created by deed from a larger parcel 45 years ago for the benefit of the family. The applicant has been the beneficiary of the land from the time it was created by deed until the present. The existing home was built in 1940, and is need of demolition and replacement. When the applicant applied for assistance from the City of Virginia Beach Department of Housing and Neighborhood Preservation, it was discovered that the site had been created by deed without the benefit of a recorded plat. The lot must be legally recorded by "plat" before the applicant may obtain building permits for demolition and rebuilding. In sum, the applicant is not creating a new lot; the applicant is simply legalizing an existing lot created by deed. The Planning Commission placed this item on the consent agenda because this request will legalize a lot created by deed and allow the applicant to seek assistance in the demolition and reconstruction of her home, and there was no opposition to the request. Rose Anna Etheridge 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 condition: 1. The applicant shall submit a subdivision plat to the Development Services Center of the Planning Department for review, approval, and recordation. The lot depicted on such plat shall be of the same size and configuration as the lot on the preliminary subdivision plat submitted with the application. ■ 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 Manage. ROSE ANNA ETHERIDGE Agenda Item 8 December 13, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Subdivision Variance to Section 4.4(b) and (d) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. Subdivision variance ADDRESS / DESCRIPTION: 2934 Princess Anne Road (located on gravel drive approximately 1,700 feet north of Princess Anne Road). GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1494388174 7 — PRINCESS ANNE 15,300 square feet Existing Lot: The site was subdivided by deed in 1961 from SUMMARY OF REQUEST an 11 -acre parcel, and thus, the lot is not considered to be a legal lot. The applicant is the original grantee of the property. The existing lot is 15,300 square feet, 90 - feet in width, and does not have direct access to a street. Access to the site is provided via a 20 -foot ingress / egress easement from Princess Anne Road. The applicant's home is in disrepair, and the applicant applied for assistance from the City of Virginia Beach Department of Housing and Neighborhood Preservation to demolish and rebuild the home. The applicant is eligible for such assistance provided the lot is properly and legally subdivided. Item Lot Width in feet 150 90" Lot Area insquare feet 43,560 15,300" *Variance required LAND USE AND ZONING INFORMATION EXISTING LAND USE: A single-family dwelling occupies the site. SURROUNDING LAND North: . Woods/ AG -1 Agricultural USE AND ZONING: South: . Woods and fields / AG -1 Agricultural East: . A single-family dwelling / AG -1 Agricultural West: . A single-family dwelling / AG -1 Agricultural NATURAL RESOURCE AND There are no known significant natural resource or cultural features on CULTURAL FEATURES: this site. AICUZ: The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI: Princess Anne Road is a two-lane major suburban arterial road. The February 2006 volume on this section of roadway was 26,219, well beyond the maximum capacity of 18,400. Future widening of the roadway is currently under design by the Virginia Department of Transportation (Princess Anne Road Phase IV, CIP 2- 305). A review of the VDOT Princess Anne Road Phase IV plans depicts the entrance to the property being maintained in its current location. The request will not impact the current trip generation for this site. WATER & SEWER: The applicant must seek Health Department approval for any new water and septic systems. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. ROSA AN E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request. Evaluation: Staff does not normally recommend approval of a subdivision variance without first comparing the request to the defined findings of Section 9.3, provided above. Staff, however, views this request as a special circumstance in that the parcel was created by deed from a larger parcel 45 years ago for the benefit of the family. The applicant has been the beneficiary of the land from the time it was created by deed until the present. The existing home was built in 1940, and is need of demolition and replacement. When the applicant applied for assistance from the City of Virginia Beach Department of Housing and Neighborhood Preservation, it was discovered that the site had been created by deed without the benefit of a recorded plat. The lot must be legally recorded by "plat" before the applicant may obtain building permits for demolition and rebuilding. Thus, the applicant is not creating a new lot; the applicant is simply legalizing an existing lot created by deed. CONDITIONS 1. The applicant shall submit a subdivision plat to the Development Services Center of the Planning Department for review, approval, and recordation. The lot depicted on such plat shall be of the same size and configuration as the lot on the preliminary subdivision plat submitted with the application. ROSA AN . .�- .y.. . . . .| . , �/§/� � ^. ]°© :. z Z 0 i : f� . :. . . .�- .y.. . . . .| . , 1. 12/3/96 Conditional Use Permit Antenna Addition Approved 2. 6/8/87 Rezoning AG-1 Agricultural to R-6 Residential ApprovedEd Z w 2 W ii Vt0 -1 u cn I OF NNW Uffliffl(Q-0 M-11 P * SOA DISCLOSURE STATEMENT C c 0 cr- Jil .3 1 VE !c a 8 mg 21O o 02 0 11 -0 n 3:,: E E. O° o c X o 2' CL -a .5 i 2. co 02 -ia za zo- 7g so 0 s -;J5 CL 0=-;: -c Q '2 X s >0. .2 0 5-62 0 o o Z) * SOA DISCLOSURE STATEMENT 0 mg 02 -0 n 3:,: O° o 85 2. CL E 7g s CL G. >0. 1.2 0 06 * SOA DISCLOSURE STATEMENT Item #8 Rose Anna Etheridge Subdivision Ordinance 2934 Princess Anne Road District 7 Princess Anne December 13, 2006 CONSENT Janice Anderson: The last matter is agenda item #8. That is the application of Rose Anna Etheridge. It's an appeal to Decisions of Administrative Officers for a Subdivision Ordinance on property located at 2934 Princess Anne Road, in the Princess Anne District. Is there a representative for this application? Welcome sir. Please state your name. James Etheridge: James Etheridge. Janice Anderson: Welcome. This has been placed on the consent agenda with one condition. Have you reviewed that and is it acceptable? You haven't reviewed the condition? James Etheridge: Yes. I have. Is that in the original packet that I received? Janice Anderson: Yes sir. James Etheridge: Yes. I have. Janice Anderson: Do you just want to come forward and make sure we got the same one? James Etheridge: Yes. Janice Anderson: Okay. Thank you Mr. Etheridge. Is there any opposition to this application being placed on the consent agenda? Al Henley has been asked to review this application. Thank you Mr. Etheridge. Al Henley: This property is located at 2934 Princess Anne Road, located on a gravel driveway approximately 1,700 feet north of Princess Anne Road. Staff, however, reviews the request as a special circumstance in that the parcel was created by deed from a larger parcel 45 years ago for the benefit of the family. The existing home was built in 1940, and is need of demolition and replacement. When the applicant applied for assistance from the City of Virginia Beach Department of Housing and Neighborhood Preservation, it was discovered that the site had been created by deed without the benefit of a recorded plat. Therefore, the applicant must obtain a building permit for demolition and rebuilding. Thus, the applicant is not creating a new lot; the applicant is simply legalizing an existing lot created by deed. Therefore, based on this information, the Planning Commission recommends approval of this application. Item #7 Pyong Tu Cho Page 2 Janice Anderson: Thank you Al. Al Henley: Thank you. Janice Anderson: Mr. Chairman, I have a motion to approve the following item on the consent agenda. It is agenda item #8. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? Kathy Katsias: Second. Barry Knight: There is a motion on the floor by Jan Anderson and a second by Kathy Katsias. Is there any discussion? I'll call for the question. Ed Weeden: By a vote of 11-0, the Board has approved item #8 for consent. Barry Knight: Thank you. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item #8 for consent. Barry Knight: Thank you. Item V -K.2. PLANNING ITEM # 55929 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of January 9, 2007, Ordinance upon application of CINGULAR WIRELESS for a Conditional Use Permit re a communications tower. ORDINANCE UPON APPLICATION OF CINGULAR WIRELESS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER Ordinance upon application of Cingular Wireless for a Conditional Use Permit for a communications tower on property located at 5638 Baccalaureate Drive (GPIN 1468230888). DISTRICT 2 — KEMPSVILLE Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 12, 2006 �ydr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Cingular Wireless for a Conditional Use Permit for a communications tower on property located at 5638 Baccalaureate Drive (GPIN 1468230888). DISTRICT 2 — KEMPSVILLE MEETING DATE: January 9, 2007 ■ Background: The applicant requests a Conditional Use Permit to install a tower for wireless communication antennae and related equipment within an existing Dominion Virginia Power transmission tower. The existing tower is located within a Virginia Power easement that runs through the Campus East and Lake Edward neighborhoods. The application was deferred by the City Council on December 12, 2006 at the request of the applicant. ■ Considerations: This site is within a Dominion Virginia Power easement in a multi -family dwelling neighborhood. The antennae and equipment will be located on a tower within this easement. The top of the existing Dominion Virginia Power tower is at a height of 111 feet. The proposed low profile platform panel antennas will extend above the existing tower for a total height of 126 feet. The proposed equipment cabinets will be located within the footprint of the existing Dominion Virginia Power tower on a concrete slab. The cabinets will be encompassed by a wood privacy fence eight feet in height with an access gate. The equipment cabinets and fence will be located within the footprint of the existing tower base. The communications tower has been designed to accommodate up to twelve (12) antennae. The location of the tower within an existing Dominion Virginia Power structure satisfies the criteria for less intrusive locations for wireless communication facilities. The applicant submitted the required structural report indicating that the proposed tower's design meets the requirements of the International Building Code and a Nonionizing Electromagnetic Radiation Report (NIER) indicating that emissions do not result in ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. Since the property abuts residentially zoned property and is on a residential site, Section 232(b)(1) of the City Zoning Ordinance stipulates the minimum setback Cingular Wireless Page 2 of 3 requirement from the base of the tower to any property line abutting a residential use or district must be equal to 110 percent of the height of the tower. This would require the property line to be 138.6 feet away from the tower. However, in this case, the property line is directly under the Dominion Virginia Power tower with the equipment located entirely on one property. The next closest property line is approximately 95 feet away from the existing tower's base. Section 232 also specifies that no communication tower may be located closer to an existing residential structure than the distance equal to 125 percent of the total height of the tower and antennae. In this case, application of this provision would require that the tower should be at least 157.5 feet from any residential structures. The existing base of the Dominion Virginia Power tower appears to be approximately 81 feet from the nearest structure. Staff, however, concludes that both of these deficiencies are adequately offset by the fact that the Virginia Dominion Power tower, within which the new monopole for the wireless antennae will be placed, already exists, and in reality, existed prior to the residential dwellings being constructed. Section 221(i) of the City Zoning Ordinance allows the City Council to approve a use permit with such deficiencies if it is determined that the deficiencies are offset by the proposal itself or by attached conditions that ensure the proposal is compatible to the surrounding area. In this case, it is staff's opinion that the situation of the proposal itself offsets the requirements of Section 232 regarding setbacks based on height. The Planning Commission placed this item on the consent agenda because the tower will be placed within an existing Dominion Virginia Power structure, the proposal meets the requirements of Section 232 of the City Zoning Ordinance, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: The tower shall be constructed substantially as shown on the site plans entitled "Cingular Wireless Collocation on Existing Transmission Tower Distribution Structure Frame # 27/290", prepared by BC Architects Engineers, dated 07/25/06. The plans have been exhibited to City Council and are on file with the Department of Planning. 2. The tower including antennae shall not exceed 126 feet in height. 3. Landscaping shall be required at the tower site consistent with the requirements of Section 232(b)(8) of the City Zoning Ordinance. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications Cingular Wireless Page 3of3 facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the use of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. 7. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the submitted plan in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: 6— ,3 v' z CINGULAR WIRELESS Agenda Item 9 November 8, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for a wireless communications tower within an existing Virginia Power transmission tower. ADDRESS / DESCRIPTION: Property located at 5638 Baccalaureate Drive. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14682308880000 2 - KEMPSVILLE Total site 13,630 square feet Tower area 625 square feet The applicant requests a Conditional Use Permit to install a SUMMARY OF REQUEST tower for wireless communication antennae and related equipment within an existing Dominion Virginia Power transmission tower. This site is within a Dominion Virginia Power easement in a multi -family dwelling neighborhood. The antennae and equipment will be located on a tower within this easement. The top of the existing Dominion Virginia Power tower is at a height of 111 feet. The proposed low profile rotatable platform panel antennas will extend above the existing tower for a total height of 126 feet. The proposed equipment cabinets will be located within the footprint of the existing Dominion Virginia Power tower on a concrete slab. The cabinets will be encompassed by a wood privacy fence eight feet in height with an access gate. The equipment cabinets and fence will be located within the footprint of the existing tower base. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Residential site with a Dominion Virginia Power easement over a portion of it. SURROUNDING LAND North: Dominion Power Easement/ R-10 Residential District USE AND ZONING: South: • Across Baccalaureate Drive are multi -family dwellings/ A-12 Apartment District East: . Multi -family dwellings / A-12 Apartment District West: . Multi -family dwellings / A-12 Apartment District NATURAL RESOURCE AND A majority of this residential site is grass field within an easement area. CULTURAL FEATURES: There are no cultural features associated with this site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The communications tower has been designed to accommodate up to twelve (12) antennae. The proposed tower will be located on an existing Dominion Virginia Power structure, satisfying the criteria for less intrusive locations for wireless communication facilities. The applicant submitted the required structural report indicating that the proposed tower's design meets the requirements of the International Building Code and a Nonionizing Electromagnetic Radiation Report (NIER) indicating that emissions do not result in ground level exposure at any point outside the facility and is within compliance with all regulatory agencies and standards. Since the property abuts residentially zoned property and is on a residential site, Section 232(b)(1) of the City Zoning Ordinance stipulates the minimum setback requirement from the base of the tower to any property line abutting a residential use or district must be equal to 110 percent of the height of the tower. This would require the property line to be 138.6 feet away from the tower. However, in this case, the property line is directly under the Dominion Virginia Power tower with the equipment located entirely on one property. The next closest property line is approximately 95 feet away from the existing tower's base. Section 232 also specifies that no communication tower may be located closer to an existing residential structure than the distance equal to 125 percent of the total height of the tower and antennae. In this case, application of this provision would require that the tower should be at least 157.5 feet from any residential structures. The existing base of the Dominion Virginia Power tower appears to be approximately 81 feet from the nearest structure. Staff, however, concludes that both of these deficiencies are adequately offset by the fact that the Virginia Dominion Power tower, within which the new monopole for the wireless antennae will be placed, already exists, and in reality, existed prior to the residential dwellings being constructed. Section 221(i) of the City Zoning Ordinance allows the City Council to approve a use permit with such deficiencies if it is determined that the deficiencies are offset by the proposal itself or by attached conditions that ensure the proposal is compatible to the surrounding area. In this case, it is staff's opinion that the situation of the proposal itself offsets the requirements of Section 232 regarding setbacks based on height. The recommended conditions are provided below. CING CONDITIONS 1. The tower shall be constructed substantially as shown on the site plans entitled "Cingular Wireless Collocation on Existing Transmission Tower Distribution Structure Frame # 27/290", prepared by BC Architects Engineers, dated 07/25/06. The plans have been exhibited to City Council and are on file with the Department of Planning. 2. The tower including antennae shall not exceed 126 feet in height. 3. Landscaping shall be required at the tower site consistent with the requirements of Section 232(b)(8) of the City Zoning Ordinance. 4. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 5. In the event interference with any City emergency communications facilities arises from the use of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 6. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and their supporting tower and related equipment. 7. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will not result in any undue impact beyond the antenna type shown in the submitted plan in the plan described in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the tower, with the proposed antennas, meets the structural standards established by the Electronics Industry Association and the local building code. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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CING A111f Ve , AW 1 1 421 IrVI 114 -9- ngn HIM 2 2�9 ;- - I ZZ Ong, SAW t I Hue 0 0'A iz J QA a X Z tf DISCLOSURE CINGU ig Qvi A 1 it, allow MEAd 1 "M leiAM 00 g Sgt. 2 00 A At =a 0-5 9-sh i 12MRilu Bias I Q - M 3 V M .-= > SIM I - H 40M i slot W .1jis INWAS ell0 - .20 24 o r H0IS', MOW.= ol i Sao v2 . 0 Dp 13 a 211 A111f Ve , AW 1 1 421 IrVI 114 -9- ngn HIM 2 2�9 ;- - I ZZ Ong, SAW t I Hue 0 0'A iz J QA a X Z tf DISCLOSURE CINGU z VP1371 CQN.1.88 APPLICATION TO ATTACH TO TRANSMISSION f TELECOMMUNICATIONS STRUCTURES 3114106; reed specs 3/23106 Virginia Electric and Power Company {"Virginia Powei"} Attrr Paul Feeley, Sth floor 120 Tredegar Strut Richmoud VA 23219 Re: APPLICATION FOR ANTENNA ATTAC DdENT Dear Mr. Feeley Lessee wishes to lease space on Lessor's transmission I communication strucottes (as described below) pursuant to the terms of the Lease between New Cingular Wireless PCS, LLC a Delaware limited liability company, formerly known as Washington/Baldmore Cellular Limited P&M=ship and Virginia "Electric and Power Company dated March 27, 1997. Please process this Application in accordance with the terms of the Lease. Customer Site Name: Baker Rd. Wesleyan Customer Site Number: NF350 B VA Power Structure #: 271290 Long/Lat: 36 52 04.6 -7610 41.7 Street address or nearest intersection: Baker & Baccalaureate City, State, Zip code: Norfolk VA 23456 Existing VA Power structure height Proposed rad center for antennas (ft): TBD Antenna Type: Pan J Madel No. RV 90-17-XXDP No. of Antennas 12 (4 Vr sector) Antenna Orientation: 0.120.240 Antenna Mounting System Ft. Worth Size and Quantity of Coax: 12 runs of 15/8" Andrew Coax Requested Construction Target Date (from Carrier) . 6130106 Anticipated' Date of final approvals from local authority (city or county): 5131106 Requested Virginia. Power Date of Completion: 6130106 Contact Person: Mary Lee Roberts Phone: (757)965-6411 E-mail address: maryleemberts@toA lay coin Comments: Cin¢ular is requesting a Fr Worth with a 10-15' extension. Application to include 6 TMA Model LGE175OX= Specifications attached. Sincerely, Mary Lee Roberts Agent for New Cingular Wireless PCS, ILC Page i of 3 CING VP1371 CON.1.88 LESSOR APPROVAL: ® APPROVAL: Lessor `hereby ,grants APPROVAL to Lessen to install its Equipment at the specified lomticxi subject to the conditions of the Lease between Virginia Pam and New Cmgdar W rdess PCS, LLC a Delaware 'limited liability company, fca=ly brown as Washington/i3alt more'Cellular Limited Partnership elated March 27, 1997, payment of the rental fees and casts bxficated below and further subject to the special conditions descnlxed, if any, This approval is also contingent upon Lessee's providing, proof that it has acquired any permits or authorizations required by local authorities as identified under Special Conditions below_ Please ilv tate your acceptance of and agreement to these terms by signing in the space provided below. Rental Fee For This I=ation: $ (annually) Lessor's Estimated Construction Costs:. Anne Site # Np' O —This site has been 'appmved. for the installation of twelve (12) ENDS RV90-17XXDP panel antennas and twelve (12)1-114" coax cables on tourer 27aW, 67113 in Virginia Beach, Vu-pua. This system will be mounted on a FWT Powe unt 15' above the tap of the struciure so that the rad =tter will be a:pproximstely 126 feet above ground- This tower is 111 feet tall. This approval is subject to the following conditions: 1 Cingular shall furnish the antennas, coax, and connectors and Dominion Virginia Power will install. 2. Cingulw shall furnish and install the equipment shelter, shelter foundation, and ground ring. 3. No permitting costs have been included, Triton is to do all required permitting- 4. These costs are estimates only. The customer will be billed from actual costs incurred at this site. 5. No cost is included for access road work 6. The cost of providing electric and phone service to the site is additional and shall be coordinated by Cingular. 7. Cingular shall do the cable testing with support from Dominion Virginia Power. FOR Do hMON VIRGiI JA POWER: By. � L3 Charles D. Har , Title. Manager—Transmission Right -of -Way Dater April 3,•2406 Pap 2 of 3 CING VP1371 CON.1.88 LESMIS ACCEPTANCE OF TERMS Usse a hereby accepts and agrees to the terms set iunh above. For New Ongnlar Wireless PCS, LLC a Delaware limited liability .company, formerly known as WaddrigtonBaltimore Cellular Limited Partnership: Warrants that all approvals have been executed iucludmg but not:limited to licenses, easements or other appropriate agreements from the owners of the lands upon which the equipment will be locateAa/ sf in 14 a. in the Master Imre: By: Name:6ect.0 if�Ut Title., arm Dater l0 Page 3 of 3 Item #9 Cingular Wireless Conditional Use Permit 5638 Baccalaureate Drive District 2 Kempsville November 8, 2006 CONSENT Janice Anderson: The next application is agenda item#9. It is the application of Cingular Wireless. This is for a Conditional Use Permit for a communications tower on property located at 5638 Baccalaureate Drive in the Kempsville District. Is there a representative from Cingular? This matter was placed on the consent agenda with seven conditions. Is there any opposition to this application? Therefore, the Chairman has asked Kathy Katsias to review this matter. Kathy Katsias: This is a request for a Conditional Use Permit to install a tower for wireless communication antenna and related equipment within an existing Dominion Virginia Power transmission tower. The proposed tower will be located on an existing Dominion Virginia Power structure satisfying the criteria for less intrusive locations for wireless communication facilities. The top of the existing Dominion Virginia Power tower is at a height of 111 feet. The proposed low profile rotatable platform panel antennas will extend above the existing tower for a total height of 126 feet. This proposal does have some zoning ordinance setback issues. However, these deficiencies are adequately offset by the fact, that the tower within the new monopole, for the wireless antenna that will be placed already exist. Therefore, we recommend approval of this Conditional Use Permit. Janice Anderson: Thank you Ms. Katsias. Mr. Chairman, I make a motion to approve item #9 for consent. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? I have a second by Kathy Katsias. Is there any discussion? I'll call for the question. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY KATSIAS' AYE KNIGHT AYE LIVAS AYE ABS 0 ABSENT 1 ABSENT Item #9 Cingular Wireless Page 2 RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, the Board has approved item #9 for consent. CUP for Museum a� Ss'✓ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Military Aviation Museum for a Conditional Use Permit for a museum within an existing airport hanger on property located on the west side of Princess Anne Road, approximately 330 feet south of Gum Bridge Road (GPIN 2401762176 — part of). DISTRICT 7 — PRINCESS ANNE MEETING DATE: January 9, 2007 ■ Background: The applicant requests a Conditional Use Permit to operate a Military Aviation Museum inside an existing 41,250 square foot airplane hanger. The applicant proposes to use the center interior section of the existing Art Deco styled hanger for the museum. ■ Considerations: The interior of the hanger will be divided into two floors displaying artifacts and memorabilia primarily related to the World War II time period. On the ground floor of the museum, there will be exhibits of vintage aircraft, a gift shop, snack bar, volunteer lounge, and restroom. On the second floor, there will be additional displays of aircraft memorabilia, a lecture hall, and library. The total floor space for the proposed museum will be 30,000 square feet. The applicant anticipates using the museum for occasional catered social gatherings. Demonstrations of vintage aircraft flights could possibly occur in conjunction with the museum on holidays and occasional weekend afternoons. Anticipated hours of operation are 9:00 am through 5:00 pm 7 days a week. A special event during the summer might extend beyond 5:00 pm, but not beyond dusk. Staffing for the museum will primarily be by volunteers with an anticipated maximum of 4 employees. The site plan shows a total of 85 parking spaces with a future parking expansion area that could accommodate approximately 50 more parking spaces. The proposed Military Aviation Museum will be a positive attraction for both residents and visitors, provided that highway traffic is not generated at a rate that overpowers this rural area. The willingness of the owner to open this facility to the public and school groups is a unique educational opportunity and natural extension of the existing airport use. The Planning Commission placed this item on the consent agenda because they concluded the museum is an appropriate complement to the existing airport, staff recommended approval, and there was no one in opposition at the hearing. Military Aviation Museum 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: 1. The operating hours for the museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the museum will cease operating at dusk. 2. Museum employees shall number no more than 4 persons on duty at any given time. There shall be no limit on the number of volunteers. 3. There shall be no outdoor amplified sound or music associated with the museum or special events. ■ 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. S C� MILITARY AVIATION MUSEUM Agenda Item 3 December 13, 2006 Public Hearing Staff Planner: Jeff Manuel REQUEST: Conditional Use Permit for a museum Ma,, r', Military Aviation Museum A17-2 do A14Pis RD. AG AG -2 SAG -2 ao o ;.. _............. ». a n GUM • � :rig AG -2 AG t, � 3 ! AG -1 AG -1 ! AG y=�AG-2 AG CUP for Museum ADDRESS / DESCRIPTION: The property is located on the western side of Princess Anne Rd., 1,430 feet north of Vaughan Rd. The address is 1341 Princess Anne Rd. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 2401762176 7 — PRINCESS ANNE 80 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to operate a Military Aviation Museum inside an existing 41,250 square foot airplane hanger. The applicant proposes to use the center interior section of the existing Art Deco styled hanger for the museum. The museum will have two floors displaying artifacts and memorabilia related to the World War II time period. On the ground floor of the museum, there will be exhibits of vintage aircraft, a gift shop, snack bar, volunteer lounge, and restroom. On the second floor, there will be more displays of aircraft memorabilia, a lecture hall, and library. The total floor space for the proposed museum will be 30,000 square feet. The applicant anticipates using the museum for occasional catered social gatherings. Demonstrations of vintage aircraft flights could possibly occur in conjunction with the museum on holidays and occasional weekend afternoons. Anticipated hours of operation are 9:00 am through 5:00 pm 7 days a week. A special event during the summer might extend beyond 5:00 pm, but not beyond dusk. Staffing for the museum will primarily be by volunteers with an anticipated maximum of 4 employees. The site plan shows a total of 85 parking spaces with a future parking expansion area that could accommodate approximately 50 more parking spaces. A narrative prepared by the applicant providing more detailed information about the museum and its purpose is presented at the end of this report. MILITARY A Existing land use: Private Airport SURROUNDING LAND North: USE AND ZONING: South: East: West: LAND USE AND ZONING INFORMATION • /AG -1, District • / AG -1 District • / AG -1 District • Single Family Home, Vacant Land / AG -1 District NATURAL RESOURCE AND The majority of the site is grass field with a grass runway. There is an CULTURAL FEATURES: existing airport hanger with a paved parking lot and water tower. 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): Princess Anne Road in the vicinity of this application is a two-lane undivided collector. There are no long-term plans for improvement to this roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 8,563 ADT 6,200 ADT (Level of Existing Land Use — 57 Road Service "C") — 9,900 ADT ADT (Level of Service "D") Proposed Land Use 3- 161 ADT Average Daily Trips x as defined by a 4 -employee general aviation airport a as defined by a 4 -employee national monument/museum plus the 57 ADT from the existing use. FIRE: No comments. It should be noted that for the construction done to date, the applicant has been more than willing to provide a higher level of fire protection than traditionally found in this part of the city. MILITARY A EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: The proposed Military Aviation Museum utilizing the existing hanger and airstrip has the potential to be a positive attraction for both residents and visitors provided that highway and air traffic are not generated at a rate that overpowers this rural area. The recommended conditions are designed to limit the impact of the museum to a level that is compatible with this agricultural community. The willingness of the owner to open this facility to the public and school groups is a unique educational opportunity and natural extension of the existing airport use. CONDITIONS 1. The operating hours for the museum shall be 9:00 am through 5:00 pm, seven days a week, except during the summer months when the museum will cease operating at dusk. 2. Museum employees shall number no more than 4 persons on duty at any given time. There shall be no limit on the number of volunteers. 3. There shall be no outdoor amplified sound or music associated with the museum or special events. 4. Thefe she'! be ige meFe thaA 49 flights peF week asseeiated diFeetly with FAWGeWFB aREI speGial eYeAt 9`( V&614A& C -0N t lSS IC*1 NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MILITARY AVI SITE MILITARY AVI PROPOSED FIRST FLOO,Rm'PLAN MILITARY AVIATION "MUSEUM PROPOSED SECOND MILITARY AVI FLOORPLAN �p Aviation Museum Our region is rich in aviation history from the world's first flight of an airplane in nearby fatty Hawk, North Carolina, to the present clay jets that crisscross the skies and have become so much of our everyday life. The Navy Hornets and Air Force Eagle jets that are already so common to the citizens of Tidewater, are a sight (and sound) to behold to many visitors that rarely see a modem military airplane flying at low altitude. During the middle of the last century, high performance propeller planes were a common sight during the Second World. War. There wrere thousands of young men who trained in this area. to fly these unique aircraft. They continuously pracdeed on the numerous local airfields, including the military auxiliary fields at Creeds, Pungo, Fort Story, and Oceana (which back then was a small fledgling airfield). What has happened to the thousands of airplanes that were such: an important aspect of our parent's and grandparent's lives in the early 194o's? As they were replaced with faster and more advanced jet aircraft;, these propeller planes were all discarded and scrapped in order to reeycie the aluminum. One or two examples were saved and today are housed in some of our more prestigious national museums such as the Smithsonian, Pensacola Naval Aviation Museum, and the Air Force Museum at Wright-Patterson. However, these last remaining examples are national. treasurers that are only on quiet and statin exhibition and much too valuable to ever try to fly again. They will remain there for hundreds of years for our future generations to marvel at and just imagine what they might have seemed lice in their glory as they lifted into the sky to carry their young men into battle in far away lands. Here in Southeastern Virginia, we have been collecting one of the premiere groups of aircraft from this important era in our country's history. Completely funded and snpported with private funds, a major collection of aircraft have been restored and built back to their early condition.. in the past year, a building worthy to hold and display them has now been constructed in the southern section of Virginia beach. This is where large open tracts of land are still available to accommodate the over flight of these rare airplanes. What snakes this particular ocMection different from most others is that these airplanes have not only been rebuilt and restored to their original appearance, they have also been restored and reworked so that they can once again lift into the air and fly as they first did so many decades ago. The excitement of hearing the engines coarse to life and the smoke and smells of these airplanes awakening from a long forgotten era is difficult to describe. This rare experience of seeing these historic airplanes, once again racing down a turf runway and lifting into the sky is something rarely seen and experienced by most people. This growing assemblage of rare and historic airplanes continues to be a private collection that is occasionally viewed by members of our local community. However, it is something many regard highly and should: be more actively shared with everyone in our community and our visitors. Virginia Beach and Tidewater have a rich military history, much of which deals with aviation and the Naval airplanes that have regularly deployed on. their aircraft carriers to far away countries. Today they go to fight in Iraq and Afghanistan. Over a half century ago they went to hunt submarines in the Atlantic and fight in the skes of the South Pacific. We would like to share these airplanes and their history with our community our visitors and especially with our }younger generations, who will Moine our future aviators and leaders. We want to welcome all visitors to come see these flying airplanes and share our enthusiasm for them. In order to do this, we will need a more formalized method to display diem to both local visitors and the many tourists that come to our area each year. Our hangar has already been constructed, it is architecturally an art -deco style facility of over 50,000 square feet. Each end houses our airplanes which are divided into a Naval sir Corps section and an Army Air Corps section. Ad*ent to the hangar, there is a title long turf runway to occasionally demonstrate them in flight and share these examples of history as they were meant to be. In the interior of the building, we would propose a two story museum area to display all the many artifacts that we have already acquired at the same time the aircraft were being obtained and restored. Thi include rare and important milestones in aircraft developments, uniform from the pilots that flew these airplanes, and countless other pieces of historical interest to tell of this important time of our history. Every week, we are being contacted by "experienced" former aviators wanting to donate some aspect cif their flying career such as pilot log books from the war, their leather flying .helmets and goggles, or perhaps a long forgotten artifact of an -craft History that hold special significance to them and our country's History of aviation. We envision a display area of two fifteen thousand square Boot floors in the center portion of the budding. 'Visitors will enter through a foyer into the middle of a museum building. On the left of the entrance will be a small gift shop with aviation related souvenirs and mementos for thein to take home to remember their visit and experience. Exhibits wind through the right side of the ground floor with wide windows looking out onto the aircraft parking tarmac and the runway. An entranceway leads to the outside where occasional operating airplanes can be viewed as they might prepare to depart or land. On the left side of the ground floor is a smaH snack bar with -vending machines and tables to relax while awaiting the next aircraft event tro take place outside. There will be more displays of artifacts on the left side of this ground floor. Back along the entranceway side are the facilities' bathrooms and a volunteer lounge for those that might lead the: expected visitors through the many airplanes and aviation artifacts on. display. Access to the second floor is by way of a wide staircase or elevator to carry therm upstairs. This upper floor is also filled with aircraft artifact displays and exhibits of the history of aviation with a particular emphasis to local aviation events. There is a lecture hall than would seat persons for screenings or occasional oral presentations. Adjacent is a library that will house the numerous aviation books and technical manuals that have already been collected to support the museum. On each far end of the second floor is an overlook to view from above the airplanes displayed on the floors of the hangar. Throughout both floors will be rare and s gnifacant aviation artifacts from during and before the Second World War. Memorabilia associated with the airplanes on. display will be available for the visitors to view and connect with on a personal basis. Part of the display area will include an art gallery with the largest available collection of oil paintings by Henry 2 MILITARY "I Farre, the world's first aviation combat arm from the time of the First World War. In addition, there will also be many other examples of original oil paintings of the actual museum airplanes as they might have appeared in flight during their actual use in service. We believe visitors will be totally immersed in an aviation experience where they will learn and feel what it must have been like to fly one of these exciting propeller airplanes during the middle of the last century. It will be an experience that they will take with them as a remembrance of Virginia Beach and its rich aviation history. As different airplanes are brought in and rotated through the collection, we hope and believe malty visitors will return again and again. We might anticipate occasional public events or private banquet gatherings (catered) such as military reunions, business functions, or convention outings. The airport and museum could be a site to celebrate a major patriotic holiday or have a demonstration of flying one or more of the significant airplanes on a weekend afternoon. The major alternative destinations (other than the Beach) of V"rrginia Beach°s tourist visitors is reported to be at the local shopping malls. The next most popular destination is the Marine Science Museum, while Bush gardens is a chase third. There are a number of other activities that attract our visitors attention, and we believe this museum will offer our tourist visitors a great experience while nurturing a sunburn or as an alternative to a day on. the sand. A new Naval Aviation Memorial has been recently built at 25th street along the oceanfront. This aviation museum will certainly compliment it nicely. When most people think about museums, they often think of the Louvre in Paris or the Metropolitan in New York. However, the most popular and often visited museum in the entire world is not such a prestigious gallery, but instead is the Smithsonian Air and Space Museum in Washington, DC, which is the most visited museum throughout the world. Aviation fascinates huge numbers of people who spend endless hours looking at airplanes and the Smithsonian's aircraft are not even able to fly. Imagine the excitement of watching a real Second World War era airplane accelerating down a runway, ,and lifting into the sky only here in our city of Virginia Beach. The applicant is a 5of(e)(3) corporation formed for this purpose. The hours of operation of the museum will generally be 4.00 AM to 5:00 PM. A special event during the summer months might extend beyond 5:oo P14i, but notbeyond dusk. The museum will be staffed primarily with volunteers and it is not anticipated that there will be more than four (4) employees. Cmditioua]Useparait/Ya$ea/VR&rpwt/Nanratiue 1 12/18/1992 Use Permit (Single-family Residential Granted 2 5/14/2002 Use Permit Recreational Facility) Granted 3 5/14/1990 Use Permit Communication Tower Denied 4 12/15/1992 Use Permit (Single-family Residential Withdrawn 5 5/8/2001 Use Permit Alternative Residential Development) Granted ZONING HISTORY MILITARY AVI Z w w W a 0 Le: ORY- I Alm fR mm�mfy cQ" 0. d) �' @ 'g, me w ca @ � .� 9i M -pp m a V a o C O_ T S C a !Z Td _(3 Q & Z 3 i Y L1 C S `ti m W _. fl •.• pt S ?+ o [L 1? 1?. m y 2 tlf ..�. C dJ (�` a �Q 40 `-° v a@ f2o25 2E��ue yL�� Q _ C to �m Q £ N Gia�'Z ��� am'Zo�w Tggt� y•�.�@.coe-c'c�.``on�._... carom .� ou, pxa, € � Qmm QKp wry,c -m 'gip pus o m m o E c� #. po"Cacc QO?mv' =}o ;C /° cX`n of.._aio��., 25'm m J.0 C C NLm tIg ZS m FJ L /t _ C f6 ": . m W -� 'D C is z � tet... $ C -6'E _ @ � � m d 8 - �m�We8=q cQ S m m 2mq o.@- �Tg� , , 075 W m $m coca@jmo�m15c�ro my O . �'D is CCt-.m f c - � �9p ��C .p. w o m Y to w mm @ S7 c m. m Q m ,0, toSO .- @ w 3 G ,.LO N a' C@. Gp p _, t pp W .fie' soEU O S L Sr 9 Q. C m @ CL Out Hy w W ORY- I Alm DISCLOSURE MILITARY A W O p rr @ � .� C W p ,D S yy Q 'fz .a L1 C S m o ico +n ((j co Q _ C to �m Q £ N W O o c a alis@ 'c -j at'"' v aW-c -m 'gip pus c� a LD S _ 3m� Q , � to W m d G.'- 'C W �Cy c @ iJ > _ N ili Q cD E 0~ C } Q �mm w L d pp W .fie' soEU O S Sr S@ X W ,v X. Q. C m @ CL Out Hy w W aro c3 � c W �Y �.�•c o � >» mncrs�@.m o o Sc � 8114" � _5 m J3co 8.92m �' m CL wq m c L ... cases iwO ., .6 DISCLOSURE MILITARY A Item #3 Military Aviation Museum Conditional Use Permit 1341 Princess Anne Road District 7 Princess Anne December 13, 2006 CONSENT Janice Anderson: The next matter is agenda. item #3. That is the application of Military Aviation Museum. It is a Conditional Use Permit for a museum on property located at 1341 Princess Anne Road, in the Princess Anne District. Mr. Bourdon? Eddie Bourdon: Thank you Ms. Anderson. Again, for the record, Eddie Bourdon, representing the applicant, who is here this afternoon. All of the three conditions as modified, and passed out this morning, are acceptable. Mr. Yagen wants to pass on his thanks for your recommendation. Janice Anderson: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Al Henley again to review this application. Al Henley: Thank you. The property is located on the western side of Princess Anne Road, 1,430 feet north of Vaughan Road. The address is 1341 Princess Anne Road. The proposed Military Aviation Museum, utilizing the existing hangar and airstrip, has the potential to be a positive attraction for both residents and visitors for this facility. The recommended conditions are designed to limit the impact of the museum to a level that is compatible with this agricultural community. The willingness of the owner to open this facility to the public and school groups is a unique education opportunity and natural extension of the existing airport use. The Planning Commission has looked at the conditions, and we are recommending the first three conditions be applied to this particular application; therefore, condition #4 is to be struck. Thank you very much. Janice Anderson: Thank you Al. Mr. Chairman, I have a motion to approve the following item on the consent agenda. It is agenda item #3. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? Kathy Katsias: Second. Barry Knight: There is a motion on the floor by Jan Anderson and a second by Kathy Katsias. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE Item #2 Charles M. Richt & Dawn R. Richt Page 2 CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item #3 for Ma Not to Scole P ARPARP ARPARP ARP ARP ARP ARP ARP ARP ARP ARPARP RPARPARPARPARP ARPARPARP ARPARPARPARPARP ARP ARP ARP ARP ARPARPARPA PARPARPARPARP ARPARPARPARPA PARPARP RPARPARPAR ARP ARP ARP ARPA ARP AR AG PARP ARPA ARP ARPARPARPA ARPA PARPARPA ARPARP ARPARP ARPAR ARPARPARP ARP ARPARPARPA PARPARPA PARPARP ARPARPARPARP RPARPARP RPARP ARP ARPARPARP ARPARPARPAR ARP DRP ARP ARP ARP ARP dRPdRP ARP ARP ARPARP ARPA PARPARPARPARP dRPARP ARP ARPA P4RPARPARPA ARP ARPARPAR PARP ARP AR RP ARP AR PARPA AF PARPARPA PARPdPA RP A PA PARPARPARPARP AG -I ARPARPARPARPARP ARP ARPARP ARP Charles M. & Dawn K. jAG-2 AG -I CM 1?lord q01, 051UP ERG CUP for Alternative Residential Development ^n°r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Charles M. & Dawn R. Richt for a Conditional Use Permit for an alternative residential development (three, single-family lots) on property located on the west side of Princess Anne Road, approximately 1,070 feet north of Munden Point Road (GPIN 2318006762). DISTRICT 7 — PRINCESS ANNE MEETING DATE: January 9, 2007 ■ Background: The site is an undeveloped treed parcel approximately 30 acres in size. At the immediate intersection of Princess Anne Road and Munden Point Road three unrelated parcels separate the frontage of the property in question providing two distinct access points to this parcel. The subject parcel was once part of a much larger parcel that, during 1998 and 1999, used its by -right density allocation based on acres in qualifying soils to create five (5) lots with a residual parcel of thirty acres. At the time, the residual lot had not been approved by the Health Department for a sewage disposal system; thus, on the subdivision plat, the parcel was stamped "Not a building site until or unless Health Department Approval is obtained". It is this "residual parcel" that is the subject of the current application. The applicant now requests a Conditional Use Permit for an alternative residential development on the 1999 residual parcel. An Alternative Residential Development allows a greater density than what is permitted by right if criteria within the Zoning Ordinance and Comprehensive Plan are met. The ultimate goal is to preserve the rural community by clustering smaller lots in an effort to preserve larger areas as residual lots that support agricultural activities. ■ Considerations: The applicant requests a Conditional Use Permit to allow alternative residential development within an agricultural district in accordance with Section 405 of the Zoning Ordinance. Section 405 offers an alternative to "by -right" development if City Council approves a Conditional Use Permit. The alternative awards more dwellings based on the quality of soils and adherence to development guidelines provided in the Comprehensive Plan. The property owners would like to maintain one large 25.28 acre parcel fronting on Munden Point Road for construction of their residence. The remaining acreage would be divided into two lots that front on Princess Anne Road. The two lots are shown as a 1.93 acre lot and a 3.44 acre lot. Those lots will be sold. Charles M. & Dawn R. Richt Page 2of3 When the larger site was subdivided in 1999, the site had a potential for 11 lots based on the soils on the site if the applicant had pursued a Use Permit for an Alternative Residential Development at that time. However, a by -right subdivision was pursued for the five (5) lots instead, leaving six (6) potential lots available through the Use Permit process. It is the prerogative of the City Council to determine if any of the existing lots can be `awarded' any of those six (6) potential lots through an Alternative Residential Development. The subject parcel, based on the soils located on the site, is eligible for three (3) lots. The applicant, therefore, is seeking approval for those three (3) lots as an Alternative Residential Development. It is staff's conclusion that the applicant's plan complies with the requirements for granting the Use Permit. The plan depicts two small lots and one large lot that preserve the existing open space on the site. Further, two of the lots are located on Princess Anne Road with a shared access and the third larger parcel fronts on Munden Point Road; thus, the impact on the roadways from access points is limited. The Planning Commission placed this item on the consent agenda because they concluded it meets the intent of the Comprehensive Plan for such developments and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The property shall be subdivided into not more than three (3) residential parcels as depicted on the plan entitled "Charles M. & Dawn R. Richt Property Princess Anne Road GPIN 23180067620000" "Exhibit to Accompany Use Permit Application" dated 10/17/06 and prepared by Engineering services, Inc. This plan has been exhibited to City Council and is on file in the Planning Department. 2. There shall be only one point of access on Munden Point RcSad for Lot 3'and one joint point of access provided by a shared ingress -egress easement on Princess Anne Road for Lots 1 and 2. 3. A suitable legal instrument restricting the development of the property to no more than three residential lots shall be submitted with the final subdivision plat and shall be recorded in the Clerk's Office of the Circuit Court. The content and form of such instrument shall be acceptable to the City Attorney. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Charles M. & Dawn R. Richt Page 3of3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S �— • wt CHARLES M. & DAWN R. RICHT Agenda Item 2 December 13, 2006 Public Hearing Staff Planner: Karen Prochilo REQUEST: Conditional Use Permit for Alternative Residential Development. Mop X-22,23 Mw N- to S-1, Charles M. & Dawn R. Richt RP RO �PCA� �PP.PP�R -P- ap.PP • PPPP.PP (d' AG_2 I AG -1 .1101=1 A—P 4R%AG-1 A11-114 1W tit uP:i o^°'wv'Pv AG -1 .P �P PF4:: Q / t AG -1 17 1 p. A _ o -2 CUP for Alternative Residential Development ADDRESS / DESCRIPTION: Property located on the west side of Princess Anne Road, approximately 1070 feet north of Munden Point Road, and on Munden Point Road, approximately 240 feet west of Princess Anne Road. GPIN: 2318006762 COUNCIL ELECTION DISTRICT: SITE SIZE: 7 — PRINCESS ANNE 30.62 acres SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow alternative residential development within an agricultural district in accordance with Section 405 of the Zoning Ordinance. Section 405 offers an alternative to "by -right' development if City Council approves a Conditional Use Permit. The alternative awards more dwellings based on the quality of soils and adherence to development guidelines provided in the Comprehensive Plan. The site is an undeveloped treed parcel approximately 30 acres in size. At the immediate intersection of Princess Anne Road and Munden Point Road three unrelated parcels separate the frontage of the property in question providing two distinct access points to this parcel. The property owners would like to maintain one large 25.28 acre parcel fronting on Munden Point Road for construction of their residence. The remaining acreage would be divided into two lots that front on Princess Anne Road. The two lots are shown as a 1.93 acre lot and a 3.44 acre lot. Those lots will be sold. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped treed site SURROUNDING LAND North: USE AND ZONING: • Munden Point Road South: . Across Munden Point Road are rural residential lots / AG -1 & AG -2 Agricultural District Princess Anne Road East: . Across Princess Anne Road are cultivated farm fields and rural, residential / AG -1 & AG -2 Agricultural District West: • Cultivated farm fields and rural residential / AG -1 & AG -2 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the property is heavily treed. 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): Princess Anne Road in the vicinity of this application is classified as a minor suburban arterial roadway. There are currently no CIP projects scheduled for this section of Princess Anne Road. The Master Transportation Plan indicates a future right-of-way width of 100 feet. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 3,963 ADT 13,600 ADT (Level of Existing Land Use — Road Service "C") 10 ADT 15,000 ADT' (Level of Proposed Land Use 3— Service "D") Capacity 30 ADT Average Daily i rips 2 as defined by one single-family house Sas defined by three single-family houses WATER & SEWER: This proposal would be served by onsite water and wastewater systems. These systems will require approval from the Virginia Department of Health. AGRICULTURAL: This property was part of a larger parcel. The applicant is encouraged to consider the Agricultural Reserve Program as an excellent option to gain the benefit of the value of the land without subdividing the property. FIRE: The homes for the proposed lots are to be within 150 feet of the street or an approved access road must be provided to within 150 feet. Road requirement is an all-weather surface, 20 feet in width, capable of supporting a 75,000 pound imposed load. A turn -around must be provided to facilitate emergency apparatus, using either a cul-de-sac or hammerhead. CHARLES M. & SCHOOLS: The addition of three (3) residential lots is not sufficient impact to accurately measure. This site is served by: Creeds Elementary - 285 membership, 425 capacity, no portables Princess Anne Middle —1,514 membership, 1,275 capacity, 10 portables Kellam High — 2,078 membership, 1,832 capacity, 11 portables EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request. Comprehensive Plan: The Comprehensive Plan recognizes this site to be within the "Rural Area" with uses related to farming, forestry, rural residential and other rurally compatible uses. "From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low, and maintaining the rural community, the vision for our rural landscape is important." (Pg. 161) Rural residential design should complement the rural setting, considering both parcel size and architectural style. As stated in the Comprehensive Plan, residential design should, "maximize the opportunity for agricultural, equestrian and similar compatible rural activities as part of the residential development. Avoid fragmenting or dividing remaining farmland and open space into small lots." (Pg.168) Protective buffers with adequate landscaping along the existing property lines should be designed and maintained in order to reduce any possible negative impact that development of residential homes may have on adjacent agricultural uses. "Locate protective buffers between proposed residential structures and abutting agricultural operations. These buffers should be at least 50 feet in width." (Pg..168) It is recommended that 25 feet of the protective buffer adjacent to the agricultural uses should be heavily planted with indigenous grasses and shrubs and the 25 feet adjacent to the residential development should be planted with a double row of trees, a mixture of 25% deciduous and 75% evergreen. Evaluation: The subject parcel was once part of a much larger parcel that, during 1998 and 1999, used its by -right density allocation based on acres in qualifying soils to create five (5) lots with a residual parcel of thirty acres. At the time, the residual lot had not been approved by the Health Department for a sewage disposal system; thus, on the subdivision plat, the parcel was stamped "Not a building site until or unless Health Department Approval is obtained". It is this "residual parcel" that is the subject of the current application. The applicant now requests a Conditional Use Permit for an alternative residential development on the 1999 residual parcel. An Alternative Residential Development allows a greater density than what is permitted by right if criteria within the Zoning Ordinance and Comprehensive Plan are met. The ultimate goal is to preserve the rural community by clustering smaller lots in an effort to preserve larger areas as residual lots that support agricultural activities. When the larger site was subdivided in 1999, the site had a potential for 11 lots based on the soils on the site if the applicant had pursued a Use Permit for an Alternative Residential Development at that time. However, a by -right subdivision was pursued for the five (5) lots instead, leaving the six (6) potential lots available through the Use Permit process. It is the prerogative of the City Council to determine if any of the existing lots can be `awarded' any of those six (6) potential lots through an Alternative Residential CHARLES M. & DAWN R. RICHT ;Agenda Item 2 Page 3 Development. The subject parcel, based on the soils located on the site, is eligible for three (3) lots. The applicant, therefore, is seeking approval for those three (3) lots as an Alternative Residential Development. It is staff's conclusion that the applicant's plan complies with the requirements for granting the Use Permit. The plan depicts two small lots and one large lot that preserves the open space on the site currently. Further, two of the lots are located on Princess Anne Road with a shared access and the third larger parcel fronts on Munden Point Road; thus, the impact on the roadways from access points is limited. Staff, therefore, recommends approval of this request with the conditions below. CONDITIONS 1. The property shall be subdivided into not more than three (3) residential parcels as depicted on the plan entitled "Charles M. & Dawn R. Richt Property Princess Anne Road GPIN 23180067620000" "Exhibit to Accompany Use Permit Application" dated 10/17/06 and prepared by Engineering services, Inc. This plan has been exhibited to City Council and is on file in the Planning Department. 2. There shall be only one point of access on Munden Point Road for Lot 3 and one joint point of access provided by a shared ingress -egress easement on Princess Anne Road for Lots 1 and 2. 3. A suitable legal instrument restricting the development of the property to no more than three residential lots shall be submitted with the final subdivision plat and shall be recorded in the Clerk's Office of the Circuit Court. The content and form of such instrument shall be acceptable to the City Attorney. MON DUUV SSOMAPd A"UOWogn Totpw�KIX3 IHOIH'b NMVO VVY S31HVHO 9r All Qp SH -IR There has been no zoning activity in this area in the recent past. ZONING HISTORY m m C G. iG mat Cvy 'JMr il G a A W m .L il5 � (.i ,✓ .c F s m E Q .9 m f 4m K c U .s O �L$?_BE o c, i cm jcU m m nmcy_QoiS_ 1} W Mo MM 02Hs5a j p o.a .m a.o 2.g N°E .� m v Ci c'm mQaL Ea0'U $cmmcmc c�mto p° g2 k MO QCH Ea. U2 a o d p w E c a a Q o$ ppE 4 z E m © m= l i d�KN m Q NL K S 5 aut3m� �N E m y Ga o Y z _ _ `te @m Ze N•� € Zoc t C 6�a9i2 N a 4@ cQ ate` i m oo a�o� is c m� v �m m m C@ 2 QOds A� 1- O o.0 �. Q C F m U Z� O a Q z"33c ��o0a rx O C iA m �3f y 3 O. C L LY 3 !: a��r° 'D > G` 3 1k o m ca O A o?EN m m C G. mat Cvy �.. I s m E Q "E gag G,�Y�Da m f .s O �L$?_BE o 1^ 3 � O a 02Hs5a E 1 NOLLYJITddV ZII4NRd �S[11dN0IJ,IQNO3 r DISCLOSURE CHARLES M. & c L X1 0 'u O E O a m jj3 p Ci W p v ° € 5 aut3m� �N E m y Ga o Y z _ _ `te @m Ze N•� € Zoc t C 6�a9i2 N a 4@ cQ ate` i m oo a�o� c m� v �m m m C@ 2 A� 1- O o.0 �. Q O a Q z"33c ��o0a me }� w wto- Eo _'c CL $ED 'D > s t$ _03 o 20 m. ( _ m p m 0 q G C `-' o �� m. e C cam a @ m o a ! m a n.� •$ O K N o@ m m c �9 0- Qc @� .0..,00a � ..- c Q o DISCLOSURE CHARLES M. & c L X1 0 'u Item #2 Charles M. Richt & Dawn R. Richt Conditional Use Permit West side of Princess Anne Road District 7 Princess Anne December 13, 2006 CONSENT Janice Anderson: The next matter is agenda item #2. That is the application of Charles M. & Dawn R. Richt. It is an application for alternative residential development on property located on Princess Road, which is north of Munden Point Road in the Princess Anne District. Is there a representative on this application? Welcome. Please state your name. Sharon Hoel: I'm Sharon Hoel with Engineering Services. Charles Richt: I'm Charles Richt, the property owner. Janice Anderson: Welcome. This has been placed with three conditions. Have you reviewed those? Are they acceptable? Thank you very much. We appreciate it. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Al Henley to review this application. Al Henley: Thank you. This property is located on the west side of Princess Anne Road, approximately 1,070 feet north of Munden Point Road, and on Munden Point Road, approximately 240 feet west of Princess Anne Road. The Comprehensive Plan recognizes this site to be within the rural area, with uses related to farming, forestry, rural residential, and other rurally compatible uses. This parcel is a 30 -acre parcel. It was once part of a much larger parcel, that during 1998-99, used its by -right density allocation based on acres in qualifying soils to create five (5) lots with a residual parcel of thirty acres. At the time, this particular lot had not been approved by the Health Department for a sewage disposal system on the subdivision plat. The parcel was stamped "Not a building site until or unless the Health Department approved it". The subject parcel based on soils located on the site, is eligible for three (3) lots. The applicant, therefore, is seeking approval for three (3) lots as an Alternative Residential Development. It is staff's conclusion that the applicant's plan complies with the requirements for granting the Use permit. The plan depicts two small lots and one large lot that preserves the open space on the site currently. Further, two lots are located on Princess Anne Road with a shared access and the third larger parcel fronts Munden Point Road: thus the impact on the roadways from the access points is limited. Therefore, based on this the Planning Commission recommends approval on these conditions. Janice Anderson: Thank you Al. Mr. Chairman, I have a motion to approve the following item on the consent agenda. It is agenda item #2. Item #2 Charles M. Richt & Dawn R. Richt Page 2 Barry Knight: Thank you. There is a motion on the floor. Do I have a second? Kathy Katsias: Second. Barry Knight: There is a motion on the floor by Jan Anderson and a second by Kathy Katsias. Is there any discussion? I'll call for the question. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYT LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item #2 for consent. CUP - for Childcare CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Saint James Missionary Church for a Conditional Use Permit for a childcare center within an existing church on property located at 5724 Old Providence Road (GPIN 1456844401). DISTRICT 2 — KEMPSVILLE MEETING DATE: January 9, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow the operation of a childcare center and a before- and after-school program within an existing church. The service will focus on Providence, Tallwood, Kempsville, and Woodstock Elementary Schools. ■ Considerations: The applicant expects enrollment of 30 to 40 children. A drop-off and pick-up service will be provided for enrollees, in addition to pre -packed breakfast, lunch, snacks, and beverages. Hours of operation will be 6:00 am to 6:00 pm. An Executive Director, Administrator, three assistant teachers, two assistants, one cafeteria worker, and five volunteers will operate the facility. Introduction of childcare and a before- and after-school program, using the church building, is an appropriate use for the area, providing a needed service to the surrounding neighborhoods. The church is located at the entrance to the adjacent residential subdivision, and thus, should not cause any negative impacts to the area in regard to traffic and noise. The Planning Commission placed this item on the consent agenda because they felt that it is an appropriate complement to the residential area, the staff recommended approval, and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of Planning for the childcare operation before the activity commences. 2. The applicant shall obtain any necessary inspections and approvals from the Department of Social Services, Division of Children, before the childcare operation commences. Saint James Missionary Church, Inc. Page 2 of 2 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency:: Planning Departmen City Manager: r % r -��e &'e� SAINT JAMES MISSIONARY CHURCH, INC. Agenda Item 6 December 13, 2006 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for Childcare ADDRESS / DESCRIPTION: 5724 Old Providence Road GPIN: 1456844401 COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE 0 �f CUP - for Childcare SITE SIZE: 1.433 Acres The applicant requests a Conditional Use Permit to allow the SUMMARY OF REQUEST operation of a childcare establishment and a before- and after- school program catering to Providence, Tallwood, Kempsville, and Woodstock Elementary Schools. The applicant expects enrollment of 30 to 40 children. A drop-off and pick-up service will be provided for enrollees, in addition to pre -packed breakfast, lunch, snacks, and beverages. Hours of operation will be 6:00 am to 6:00 pm. An Executive Director, Administrator, three assistant teachers, two assistants, one cafeteria worker, and five volunteers will operate the facility. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A church and associated parking currently occupies the site. SURROUNDING LAND North: . Single-family dwelling/ R-10 Residential USE AND ZONING: South: . Old Providence Road • Across Old Providence Road is a Pump Station East: . Single-family dwelling / R-10 Residential West: . Single-family dwelling/ R-10 Residential CULTURAL FEATURES: Management Protection Area of the Chesapeake Bay Preservation Area. The church has occupied the site since 1965. 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): Old Providence Road is a two-lane local street. There are no Capital Improvements Program projects scheduled for this portion of Old Providence Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Old Providence No counts No counts available Existing Land Use — 47 Road available weekday/ 190 Sunday ADT Proposed Land Use 3- 226 ADT ' Average Daily Trips s as defined by a church Sas defined by a church (weekday count) and child care WATER: This site is connected to City water. There is a 5/8 -inch water meter which may be upgraded. There is a 20 -inch City water main on Old Providence Road in front of the site. SEWER: This site is connected to the City sanitary sewer system for Pump Station 430; however, the site service area is located within Pump Station 419. Upgrade fees, therefore, may apply to the site. Analysis of Pump Station 430 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 -inch and 16 -inch City sanitary sewer force main in Old Providence Road. Additionally a 42 -inch HRSD force main exists in Old Providence Road. FIRE: To be occupied as an educational facility, additional Building Code requirements must be met with regard to fire protection, tenant separation, and the means of egress. Educational Group (E) occupancy includes the use of a building or structure, or a portion thereof, by six or more persons at any one time for educational purposes through the 12th grade. Religious educational rooms and religious auditoriums that are accessory to churches in accordance with Section 302.2 and have occupant loads of less than 100, are classified as Group A-3 occupancies. A day care is the use of a building or structure, or portion thereof, for educational, supervision, or personal care services for more than five children older than 2 1/2 years of age, and is classified as an E occupancy. The applicant will be required to obtain a Certificate of Occupancy from the Building Code Official for the proposed use. Comprehensive Plan: The Comprehensive Plan designates this area as a 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 Comprehensive Plan also recognizes the need for services such as churches, child care, and certain offices within or adjacent to such neighborhoods. Evaluation: The request is acceptable. Introduction of childcare and a before- and after-school program, using the church building, is appropriate for the area. The church is located at the entrance to the subdivision and the proposed use to be located within the church should not cause any unfavorable problems in the area. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of Planning for the childcare operation before the activity commences. 2. The applicant shall obtain any necessary inspections and approvals from the Department of Social Services, Division of Children, before the childcare operation commences. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SAINT JAM x #- �al�,.,nm,r P L E o x Pa .a Oo x �j MO>;1 3ON30N.ONd Q� h lu xew� e • —" pa q G &' S ol a O L .L jj3 J fx1 are m cs x fir uj x ♦ 'a l v r1` � Z f l ❑ z ¢� Q Oit i r a - >F W fl A6 /o� ! 1 Yi w �ol�_J 'a i i F a w 1 ON,�. ��. •N., a I / /�> �� .os esnoudrnrrl 4),o MM .os 133L1S 9NIN1lYM 'a O 1 _`•tee ¢ - 1 6 FI dpyeCK 1 1 ------------- El ------------Q 1 cl x - r rr 4 i P .L lily, r li : ow 1 10/8/02 Modification of Conditions Approved 7/13/65 Conditional Use Permit (Church) Approved 2 2/12/02 Modification of Conditions Approved 10/10/00 Street Closure Approved ZONING HISTORY I ZZI ty I so 0 a A I -- -10 -Wy q Z21 all 41 32. 2r JIMI-Ii-sNi 0 8-01MV Sol tills 001 cmm g E1 0 as a Lis z 1117- 103 9 E11j, LL OBAR 14-4 In mill a gQE pp RE WIN MCA ample P -r T �SR'IVNO N011V3r1JJV1Wdd M DISCLOSURE ST SAINT JAM sy -10 g E1 0 as a 103 9 all' 32 14-4 a gQE pp RE MCA 21 0 1441 Q C g 1 M DISCLOSURE ST SAINT JAM Item #6 Saint James Missionary Church Conditional Use Permit 5724 Old Providence Road District 2 Kempsville December 13, 2006 CONSENT Janice Anderson: The next matter is agenda item #6. That is the application of the Saint James Missionary Church. This is for a Conditional Use Permit for a child-care center on property located at 5724 Old Providence Road, in the Kempsville District. Please come forward. Welcome again Pastor Davis. Pastor Sidney Davis: Thank you. Janice Anderson: This matter has been placed on the consent agenda with two conditions. Have you reviewed those? Are they acceptable? Pastor Sidney Davis: Yes, they are. Janice Anderson: Okay. Thank you very much. I appreciate it. Ed Weeden: For the record, please state your name. Pastor Sidney Davis: My name is Pastor Sidney Davis. I'm the Pastor of Saint James Missionary Church. Janice Anderson: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Henry Livas to review this matter. Henry Livas: The request is for a Conditional Use Permit for child-care and a before -and - after school program. This Use Permit will cater to Providence, Tallwood, Kempsville, and Woodstock Elementary Schools. The applicant expects enrollment of 30 to 40 children. The hours of operation will be from 6:00 am to 6:00 pm. A drop-off and pick- up service will be provided for enrollees, in addition to pre -packed breakfast, lunch, snacks, and drinks. This request is appropriate for this area, and is compatible with the Comprehensive Plan. Therefore, we recommend approval of the requested Use Permit. Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I have a motion to approve the following item on the consent agenda. It is agenda item #6. Barry Knight: Thank you. There is a motion on the floor. Do I have a second? Kathy Katsias: Second. Barry Knight: There is a motion on the floor by Jan Anderson and a second by Kathy Katsias. Is there any discussion? I'll call for the question. ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item #6 for consent. AYE 11 NAY 0 ABS 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSENT 0 Ed Weeden: By a vote of 11-0, the Board has approved item #6 for consent. M. APPOINTMENTS COMMUNITY SERVICES BOARD - CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE N. UNFINISHED BUSINESS Cel P. NEW BUSINESS ADJOURNMENT PUBLIC COMMENTS Non -Agenda Items CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 10 (Workshop) April 17 (Workshop) April 19 (Public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Council Conference Room Council Conference Room Tallwood High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. CITY OF VIRGINIA BEACH CITY COUNCIL BRIEFING: SUMMARY OF COUNCIL ACTIONS I -A MINORITY BUSINESS COUNCIL Prescott Sherrod, V O I M B L II -A CITY MANAGER'S BRIEFING: Mike Eason, Resort Programs D C E L DATE: December 12, 2006 D Administrator — H C R A W PAGE: 1 E S I E J L N U N I T E D N O A D H U L W AGENDA ITEM # SUBJECT MOTION VOTE E Z Y L N N O R E S O P E E E E A R I V O O H L R Y S N F N A N D CITY COUNCIL BRIEFING: I -A MINORITY BUSINESS COUNCIL Prescott Sherrod, Chairman II -A CITY MANAGER'S BRIEFING: Mike Eason, Resort Programs NEWSRACK ORDINANCE Administrator — Convention and Visitors Bureau III -A CITY COUNCIL DISCUSSION CITY'S FUND BALANCE IV/V/ Vi/ CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y A Y Y Y Y Y Y Y VII -E F-1 MINUTES — December 5, 2006 APPROVED 9-0 Y Y Y A Y Y Y Y Y A B Y S T A I N E D G/H-1 PUBLIC HEARING Princess Anne Road Phase VII No Speakers I/J-1 Resolution re issuance by VBDA of Industrial ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Revenue Bonds of $3,000,000 fa Acoustical CONSENT Sheetmetal, Inc. 2 Resolution to SUPPLEMENT 2007 ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Community Legislative Package re ABC CONSENT establishments 3 Resolution to AUTHORIZE allocation of $1- ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Million thru VDOT/AUTHORIZE agreements CONSENT for Lynnhaven Parkway Phase IX 4 Resolution to AUTHORIZE MOA with ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y HRPDC re Regional Water Supply Planning CONSENT Process 5 Resolution to AUTHORIZE EMS to apply ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y for upgrade license to Emergency Ground CONSENT Transport/Air Ambulance Agency CITY OF VIRGINIA BEACH Virginia Vegetation Control Permit Program: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Resolution to AUTHORIZE delegation of CONSENT administration to City V O I Ordinance re ADAMS OUTDOOR DENIED 11-0 Y Y Y Y Y M B Y L Y Y DATE: December 12, 2006 D C E L PAGE: 2 E D H C R A W S I E J L N U N I Y AGENDA T E D N O A D H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N O R E S O P E E E E A R I V O O H L R Y S N F N A N D 6-a Virginia Vegetation Control Permit Program: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Resolution to AUTHORIZE delegation of CONSENT administration to City b Ordinance re ADAMS OUTDOOR DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y ADVERTISING to allow removal/replacement, of vegetation on Virginia Beach Boulevard 7 Ordinance to AUTHORIZE Deed of ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Release(Exchange re ARP for Edward L CONSENT Vaughan 8 Ordinance to AUTHORIZE acquisition of ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y property in fee simple at General Booth CONSENT Boulevard/Elson Green Avenue/Upton Drive/Sandbridge Road for row for Princess Anne Road, Phase VII, by agreement or condemnation. 9-a Ordinances to AUTHORIZE Franchise APPROVED AS 9-2 Y Y Y Y Y N N Y Y Y Y Agreements to Old Virginia Carriage Co., LLC, AGREED WITH from November 15, 2006/April 15, 2007, re: STAFF Guided horse tours on the sand beach between Rudee Inlet and 42nd Street b Horse-drawn carriage rides on the Boardwalk 10-a Ordinances to TRANSFER: $421,810 from Lynnhaven XI project to Buckner ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Boulevard Extended/AUTHORIZE Cost CONSENT Participation Agreement with Baymark Construction Corporation/Colonial Self Storage/ Public Storage re Buckner Boulevard. b $350,000 b Economic Development re TPC golf ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y course through March 31, 2007 CONSENT ADD Resolution to suspend increases in health insurance ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ON premiums for Retirees ADOPTED BY CONSENT K-1 EDWARD A., JR./KATHLEEN T. KURPIEL REFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y Variance to § 4.4(b) of the Subdivision Ordinance BACK TO at 2184 Princess Anne Road re subdividing PLANNING existing lot into two lots. (DISTRICT 7 — COMMISSION PRINCESS ANNE) TO BE ADVERTISED AT OWNER'S EXPENSE 2 CINGULAR WIRELESS CUP re DEFERRED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y communications tower at 5638 Baccalaureate CONSENT TO Drive. (DISTRICT 2 — KEMPSVILLE) 01/092007 CITY OF VIRGINIA BEACH DISCIPLESHIP TABERNACLE CUP re church at 3540 Holland Road. (DISTRICT3— APPROVED/ CONDITIONED 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y 3 ROSE HALL) BY CONSENT V O I M B L 4 BECO DEVELOPMENT, L.L.C. at 6226 Providence Road: (DISTRICT I — DATE: December 12, 2006 D E D Y H Y C C E R Y L A W Y PAGE: 3 S I E J L N U N I T E D N O A D H U L W AGENDA ITEM # SUBJECT MOTION VOTE E Z Y L N N O R E S O O O P E E E E A R I V L H L R Y I S I N I F I N L- A I N I D I I DISCIPLESHIP TABERNACLE CUP re church at 3540 Holland Road. (DISTRICT3— APPROVED/ CONDITIONED 11-0 Y Y Y Y Y Y Y Y Y Y Y 3 ROSE HALL) BY CONSENT 4 BECO DEVELOPMENT, L.L.C. at 6226 Providence Road: (DISTRICT I — DEFERRED TO 01232007 11-0 Y Y Y Y Y Y Y Y Y Y Y CENTERVILLE) a. COZ from B-2 to Conditional A-36 _ b. CUP re senior housing 5 OCEAN PROPERTIES, L.L.C. COZfrom B-2 to Conditional B-4 at Centerville Turnpike/ APPROVED AS PROFFERED 10-1 Y Y Y Y Y N Y Y Y Y Y Lynnhaven Parkway (DISTRICT 1 — CENTERVILLE) 6 DEEP BLUE MARINE, L.L.C. Modification of Conditions at 3716 Shore Drive (approved MODIFIED/ CONDITIONED 11-0 Y Y Y Y Y Y Y Y Y Y Y October 25, 2005) re landscape plantings/site BY CONSENT improvements. DISTRICT 4 — BAYSIDE L APPOINTMENTS HUMAN RIGHTS COMMISSION RESCHEDULED B Y C O N S E N S U S INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION Appointed — 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired term thru 6/30/10 Juanita G. Felton COMMUNITY SERVICES BOARD Appointed -3 11-0 Y Y Y Y Y Y Y Y Y Y Y year term 1/l/07-12/31/09 Diane G. Ruchelman CITY OF VIRGINIA BEACH EMPLOYEE BENEFITS TASK FORCE Appointed 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y 12/13/06 — with report V O 1 2/1/07......4/3/07 M B L DATE: December 12, 2006 D Councilman C E L PAGE: 4 E D H William R. C R A W S I E J L N U N I AGENDA T E D N O A D H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N O R E S O P E E E E A R I V O O H L R Y S N F N A N D EMPLOYEE BENEFITS TASK FORCE Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y 12/13/06 — with report 2/1/07......4/3/07 Councilman William R. DeSteph — Council Representative Councilman Harry E. Diezel — Council Representative C. Paulette Braithwaite — City Employee Representative Nome Hoff— Business Professional Representative Glen Huff— Business Professional Representative Kerry C. Jordan — Private Sector Representative Paul Lanteigne— Public Safety Representative William Lechler— Business Professional Representative Robert Sahleh — General Benefits Representative Susan Walston — City Staff Representative HAMPTON ROADS ECONOMIC Reappointed —1 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT AUTHORITY (HREDA) year terms 1/1/07 -12/31/07 Sanford M. Cohen Meyera E. Oberndorf Appointed — I year terms 1/l/07-12/31/07 Stephen R Romine David A. Bradley CITY OF VIRGINIA BEACH PLANNING COMMISSION Reappointed -4 11-0 Y Y Y Y y Y Y y SUMMARY OF COUNCIL ACTIONS Y y year terms V O 01/01/07- 1 M B L 12/31/2010 DATE: December 12, 2006 D C C E R L A W PAGE: 5 E S D I H E J L N U N I T E D N O A D H U L W AGENDA ITEM ## SUBJECT MOTION VOTE E Z Y L N N O R E S O P E E E E A R I V O O H L R Y S N F N A N D CITY COUNCIL SESSIONS SCHEDULE JANUARY 2007 COMBINE THE FIRST AND SECOND REGULAR TUESDAYS - JANUARY 9, 2007 REGULAR THIRD TUESDAY WORKSHOP - JANUARY 16, 2007 THE REGULAR FOURTH TUESDAY AGENDA - JANUARY 23, 2007 PLANNING COMMISSION Reappointed -4 11-0 Y Y Y Y y Y Y y Y Y y year terms 01/01/07- 12/31/2010 Janice P. Anderson - Beach Dist. Katherine K. Katsias - Lynnhaven Dist. Appointed — Unexpired term thru 12/31/07 Bary D. Knight — At Large Appointed — 4 year terms 1/l/07-12/31/10 David S. Redmond - Bayside Dist. Donald H. Horsley — Princess Anne Dist. SOCIAL SERVICES BOARD Appointed — 11-0 Y Y Y Y Y Y Y y Y Y Y Unexpired term thru 6/30/08 Robert M. Beardsworth, PhD THE OLD BEACH DESIGN REVIEW Appointed—No 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE term Jeffrey R. Gordon M/N/ ADJOURNMENT 10:05 PM O CITY COUNCIL SESSIONS SCHEDULE JANUARY 2007 COMBINE THE FIRST AND SECOND REGULAR TUESDAYS - JANUARY 9, 2007 REGULAR THIRD TUESDAY WORKSHOP - JANUARY 16, 2007 THE REGULAR FOURTH TUESDAY AGENDA - JANUARY 23, 2007