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Home My WebLink AboutFEBRUARY 27, 2007 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF. At-Large VICE MAYOR WUIS R. JONES. Bayside - District 4 WILliAM R. DeSTEPH. At-Large HARRY E. DIEZEL. Kempsville - District 2 ROBERT M. DYER.. Centerville . District I 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 1. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER -JAMES K. SPORE CITY ATTORNEY - LESUE L. ULLEY CITY CLERK - RUTH HODGES FRASER. MMC 27 FEBRUARY 2007 CITY HALL BUILDING 2401 COURTHOUSE DRlVE VIRGINIA BEACH. VIRGINIA 234568005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycnd@vbgov.com I. CITY COUNCIL BRIEFINGS - Conference Room - A. VIRGINIA BEACH 2007 COMMEMORATION and ACTIVITIES C. Mac Rawls, Chairman - Virginia Beach 2007 Steering Committee B. HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE David Bradley, Acting Director -Economic Development Jones Hooks, President and CEO - HREDA II. CITY MANAGER'S BRIEFING A. LAKE RUDEE DREDGING Phil Roehrs, Coastal Engineer - Public Works III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA 1:00 PM 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 - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Rabbi Israel Zoberman Beth Chaverini Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 13,2007 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES 1. Ordinances to AMEND the City Code: a. ~ 6-12 re riding horses or driving vehicles on the beach or dunes to allow one all terrain vehicle between June 1 and August 31 re search for sea turtle nesting indicators, stranded sea turtles and marine mammals b. ~S 21-302 and 21-303 re stopping or parking on highways to allow certain City employees to park City vehicles on the left side of two-way streets when performing official duties that require repeated exit and entry from their vehicles 2. Ordinance REQUESTING the Virginia Department of Transportation (VDOT) establish a project under the Congestion Mitigation and Air Quality Program re Salem RoadlPrincess Anne Road intersection improvement; and, to ACCEPT and APPROPRIATE a $300,000 grant to relieve congestion. 3. Ordinance to TRANSFER $84,675 from the Police Department's operating budget to the Commonwealth's Attorney's Office FY 2006-07 operating budget and $26,135 within the Commonwealth's Attorney's Office FY 2006-07 operating budget to continue the prosecution of domestic violence cases. J. RESOLUTIONS 1. Resolution PROVIDING for the issuance and sale of $75,000,000 General Obligation Public Improvement Bonds, Series 2007, re financing various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects. 2. Resolution AFFIRMING that the provision of high-quality Workforce Housing is a desirable goal of the City and that appropriate ordinances directed toward achieving such goal be developed. 3. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT: a. additional streets for urban maintenance payments b. corrections to the road inventory for urban maintenance payments 4. Resolutions for ENDORSEMENT of Virginia Department of Transportation (VDOT) urban highway projects for Bicycle and Pedestrian Safety Grant funding: a. Pacific Avenue between 5th and 43rd Streets b. Shore Drive between Kendall Street and Vista Circle K. PLANNING 1. Application of RICHARD C., JR. and KIMBERLY C. MCCULLOUGH for the closure of a portion of an unimproved alley adjacent to 813 V anderbilt Avenue, Croatan Beach. (DISTRICT 6 - BEACH) Recommendation: APPROVAL 2. Ordinance AMENDING Sections 111,601,801, and 901, ADDING Section 241.1 establishing definitions of single room occupancy facility and Single Room Occupancy Unit and establishing specific standards and applicable districts for a single room occupancy facility. Recommendation: APPROVAL 3. Applications of VIRGINIA SUPPORTIVE HOUSING at 964 S. Military Highway (DISTRICT 1 - CENTERVILLE): a. Change of Zoning from B-2 Community Business District to A-12 Apartment District b. Conditional Use Permit to develop a single room occupancy facility Recommendation: APPROVAL 4. Application of A.O.S. PROPERTIES, L.L.C. for a Change ofZoninfl District Classification from AG-l and AG-2 Agricultural District to Conditional R-15 Residential District at 2433 and 2437 Salem Road to consolidate two existing properties re development of single family residential lots. (DISTRICT 7 - PRINCESS ANNE) Recommendation: INDEFINITE DEFERRAL 5. Application of MICHAEL D. SIFEN, INC. for a Chanfle ofZoninfl District Classification from B-2 Community Business District and R-I0 Residential District to Conditional B-1A Limited Community Business District at 251,263 and 267 North Lynnhaven Road to develop a strip retail center. (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL 6. Application of VIRGINIA WESLEYAN COLLEGE for a Conditional Use Permit for student dormitories at 5817 Wesleyan Drive (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL L. APPOINTMENTS BEACHES AND WATERWAYS HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA THE PLANNING COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 1 0 (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 Bayside 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. CITYWIDE TOWN MEETING SCHEDULE -- Topics and locations to be determined Tuesday, June 19 Tuesday, September 18 Tuesday, November 20 ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 02127/07 gw www.vbgov.com 1. CITY COUNCIL BRIEFINGS - Conference Room - 1:00 PM A. VIRGINIA BEACH 2007 COMMEMORATION and ACTIVITIES C. Mac Rawls, Chairman - Virginia Beach 2007 Steering Committee B. HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE David Bradley, Acting Director -Economic Development Jones Hooks, President and CEO - BREDA II. CITY MANAGER'S BRIEFING A. LAKE RUDEE DREDGING Phil Roehrs, Coastal Engineer - Public Works III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room- A. CALL TO ORDER - Mayor Meyera E. Oberndorf 3:30 PM B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Rabbi IsraelZoberman Beth Chaverini Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS February 13, 2007 G. AGENDA FOR FORMAL SESSION Iltsulutinn 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. 1. ORDINANCES 1. Ordinances to AMEND the City Code: a. S 6-12 re riding horses or driving vehicles on the beach or dunes to allow one all terrain vehicle between June 1 and August 31 re search for sea turtle nesting indicators, stranded sea turtles and marine mammals b. SS 21-302 and 21-303 re stopping or parking on highways to allow certain City employees to park City vehicles on the left side of two-way streets when performing official duties that require repeated exit and entry from their vehicles 2. Ordinance REQUESTING the Virginia Department of Transportation (VDOT) establish a project under the Congestion Mitigation and Air Quality Program re Salem RoadlPrincess Anne Road intersection improvement; and, to ACCEPT and APPROPRIATE a $300,000 grant to relieve congestion. 3. Ordinance to TRANSFER $84,675 from the Police Department's operating budget to the Commonwealth's Attorney's Office FY 2006-07 operating budget and $26,135 within the Commonwealth's Attorney's Office FY 2006-07 operating budget to continue the prosecution of domestic violence cases. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 6-12 of the City Code Pertaining to Riding Horses or Driving Vehicles on the Beach or Dunes MEETING DATE: February 27, 2007 . Background: The Back Bay National Wildlife Refuge (BBNWR) and its partners patrol the beaches of the BBNWR, the adjacent False Cape State Park beach to the south, and the Sandbridge beaches to the north from the end of May until the end of August in search of sea turtle nesting indicators, as well as stranded sea turtles and marine mammals. If tracks (crawls) are found, the area is searched for a nest. If a nest is found, the eggs are carefully removed and taken to a safe, protected nursery area on BBNWR where the eggs are allowed to incubate and hatch. This wildlife rescue group proposes to expand the current search area to include the beach area from Rudee Inlet to the Cape Henry House (7.5 miles). . Considerations: The City Code currently prohibits, with limited exceptions, vehicle operation on City beaches. In order to cover the search area described above, the BBNWR is requesting authority to operate one all terrain vehicle between June 1 st and August 31st. The proposed search would begin at sunrise and end once the area patrol concludes. Upon the discovery of a "crawl" the eggs will be removed by BBNWR. If a stranded sea turtle or marine mammal is found, the Virginia Aquarium Stranding Center will be notified. . Public Information: To be advertised in the same manner as other items on council's agenda. . Recommendations: Adopt Ordinance. . Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Police City Manager~ Ii .Cfi~ 1 AN ORDINANCE TO AMEND SECTION 6-12 2 OF THE CITY CODE PERTAINING TO 3 RIDING HORSES OR DRIVING VEHICLES 4 ON THE BEACH OR DUNES 5 6 SECTION AMENDED: 6-12 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 6-12 of the Code of the City of Virginia 12 Beach, Virginiar is hereby amended to read as follows: 13 14 Sec. 6-12. Riding horses or driving vehicles on beach or dunes. 15 (a) It shall be unlawful for any person to ride a horse or 16 any other animal or to operate or drive a vehicle of any kind on 17 the public beaches or upon the sand dunes wi thin the city, 18 except that area between the ocean and sand dunes south of the 19 exit ramp at the southern end of Little Island Recreation Park 20 (now being used as a public way to commute back and forth to a 21 place of residence). 22 23 (b) The provisions of this section shall not apply to the 24 police mounted patrol, city vehicles operated while cleaning or 25 working on the beach, police and emergency vehicles, erosion 26 commission vehicles, vehicles of net fishermen operating under 27 proper permits, e-r vehicles operated by physically handicapped 28 persons by permission of the city manager or his designee, or 29 vehicles operated by wildlife rescue workers pursuant to written 30 authorization by the Police Department's Second Precinct 31 Commander. 32 33 (c) The provisions of this section shall not apply in the 34 resort area between November 1 and April 15 to conduct that is 35 explicitly authorized by a special events permit issued pursuant 36 to City Code section 4-1 or by franchise awarded by the city 37 council. 38 39 CO~ENT 4 0 This amendment will allow early morning sea turtle patrols by wildlife rescue workers who 41 have the written authorization of the Police Department's Second Precinct Commander. Adopted by the City Council of the City of Virginia Beach, Virginia, on this ____ day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ..o:r /?'~Jt'b~ Police Departm CA10255 V:\applications\citylawprod\cycom32\Wpdocs\D025\P001\OO026857.DOC R-3 February 14, 2007 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 21-302 and 21-303 of the City Code Pertaining to Stopping or Parking on Highways MEETING DATE: February 27,2007 . Background: The City Code prohibits drivers from parking on the left side of two-way streets. The Code provides an exception to this and certain other traffic regulations for emergency vehicles, news vehicles and mail carriers. Certain City employees, such as water service inspectors, are required to repeatedly exit and enter their City vehicles while performing their job duties. In addition to decreasing the time required to perform a task, allowing such employees to park City vehicles on the left-hand side of two-way streets will decrease the risk of injury to these employees. . Considerations: This ordinance will allow City employees to park City vehicles on the left side of two-way streets when the employees are performing official duties that require repeated exit and entry from their vehicles. Although the ordinance was requested by the Public Utilities Department, the Police Department also reviewed the ordinance and has approved its content. The ordinance also includes a "housekeeping" amendment to remove duplicate language from a related code section. . Public Information: To be advertised in the same manner as other items on council's agenda. . Recommendations: Adopt Ordinance. . Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting DepartmenUAgenCt ;UbliC Utilities j hi! City Manage~ ~ \ds~ :w~ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND SECTIONS 21-302 AND 21- 303 OF THE CITY CODE PERTAINING TO STOPPING OR PARKING ON HIGHWAYS SECTIONS AMENDED: ~~ 21-302 and 21-303 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 21-302 and 21-303 of the City Code are hereby amended and reordained, to read as follows: Sec. 21-302. Stopping or parking on highways generally. (a) Except when actually loading or unloading merchandise, as permitted in this chapter, no vehicle shall be stopped except close to and parallel to the right h~nd edge of the curb or roadway, except that a vehicle m~y be otopped clooe to and par~llel to the left h~nd curb or edge of the road'i.KlY on one '..uy otreeto or may be parked at an angle, where permitted. (b) Except 1.1hen ~ctu~lly lo~ding or unlo~ding merchandioe, ~o permitted in thio ch~pter, no ~ehicle oh~ll be otopped ~ccept c:~~e to ~nd p~r~llel to the right h~nd edge of the curb or rO~&i~Y, except that ~ ~v.ehicle m~y be otopped clooe to ~nd p~r~llel to the left h~nd curb or edge of the ro~d'vi~Y on one 'v1U:y otreeto or may be p~rked at ~n ~ngle, ....here permitted. lQl+et All trailers with a gross vehicle weight of less than ten thousand (10,000) pounds shall either be fitted with reflective tape or sheeting on the rear upright side posts of the trailer in a manner clearly visible to approaching traffic, or shall place a reflective cone behind the rear portion of the trailer which is closest to the center of the street. COMMENT This amendment removes duplicate language from the City Code. The prohibition on parking on the left-hand side of a two-way street appears in section 21-303 (below). Sec. 21-303. General parking prohibitions; violation. penalties for (a) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1) Within fifteen (15) feet of a fire hydrant. (2) Within any designated fire lane. (3) At any place so as to block any fire department 51 connection. 52 (4) Within fifteen (15) feet of the driveway entrance to any 53 fire station and, on the side of a street opposite the 54 entrance to any fire station, within seventy-five (75) 55 feet of the entrance, when properly signposted. 56 (5) Within fifteen (15) feet of the entrance to a building 57 housing rescue squad equipment or ambulances, provided 58 such buildings are plainly designated. 59 (6) In front of a public or private driveway. 60 (7) Within an intersection. 61 (8) On the roadway side of any vehicle parked at the edge or 62 curb of a street (double parking) . 63 (9) Upon any bridge or other elevated structure upon a street 64 or highway or within a tunnel. 65 (10) On the left-hand side of roadway of a two-way street. 66 The provisions of this sub-section exclude those City 67 vehicles operated by City employees executinq official 68 duties that require repeated vehicle exit and entry. 69 (11) At any place so as to impede or render dangerous the use 70 of any street or highway. 71 72 73 74 COMMENT 75 76 This amendment allows those City employees operating City vehicles while conducting City 77 business requiring the employee to repeatedly park, exit and re-enter the vehicle the authority to park 7 8 on the left side of a two-way street. 79 80 Adopted by the City Council of the City of Virginia Beach, 81 Virginia, on this day of , 2007. APPROVED AS TO CONTENT: Ji{#1~!Yl '4 APPROVED AS TO LEGAL SUFFICIENCY: Public Utilities ---:7 .J.J.L c~~ APPROVED AS TO CONTENT: D.~ ~rp~ L. Police Department vr CA-9031 V:\applications\citylawprod\cycom32\Wpdocs\D020\P002\OO026660.DOC R-4 February 8, 2007 2 PROJECT LOCATION PRINCESS ANNE ROAD/SALEM ROAD INTERSECTION IMPROVEMENTS X:\Projects\ARC Files\Agenda Maps\PA - Salem CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Request the Virginia Department of Transportation to Establish a Project Under the Congestion Mitigation and Air Quality Program, to Establish CIP #2- 150, Salem Road / Princess Anne Road Intersection Improvement, and to Accept and Appropriate a Grant in the Amount of $300,000 to Relieve Congestion MEETING DATE: February 27,2007 . Background: In July 2006, the Hampton Roads Planning District selected the Salem Road/Princess Anne Road Intersection Improvement project to receive funding allocations in FY 2007 and FY 2008 from the Congestion Mitigation and Air Quality (CMAQ) Improvement Program funds. The Virginia Department of Transportation (VDOT) administers the federal program funds. Projects are selected based on the amount of air quality improvement expected per dollar spent. . Considerations: Both safety and capacity improvements are proposed for the intersection of Salem Road and Princess Anne Road. This project will provide for the design and construction of additional lanes on the eastbound Windsor Oaks Boulevard approach and the westbound Salem Road approach. The eastbound approach will be reconfigured for dual left-turn lanes, one thru lane, and one right-turn lane. The westbound approach will be reconfigured for one left-turn lane, two thru lanes, and one right-turn lane. VDOT requires a resolution by City Council to establish a $900,000 project for improvements to the Salem Road / Princess Anne Road intersection. Of the total amount, $300,000 is available in FY2007 and $600,000 will be available after October 1, 2007. The project period is 10/1/2006 - 9/30/2012. At the end of the second year, the project must be ready for construction. It is requested that City Council establish CIP #2-150, Salem Road / Princess Anne Road Intersection Improvement and accept and appropriate the $300,000 that is currently available to enable the City to begin design, right-of-way acquisition, relocation of private utilities, and construction. . Public Information: The standard public information process will be followed during the design process including at least one Citizen Information Meeting. . Recommendations: Approval. . Attachments: Ordinance and site map. Recommended Action: Approval of ordinance Submitting Department/Agency: Public Works P A-D City Manager: U \C. ~ o.<>'t 1 AN ORDINANCE TO REQUEST THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ESTABLISH A 3 PROJECT UNDER THE CONGESTION MITIGATION AND 4 AIR QUALITY PROGRAM, TO ESTABLISH CIP #2-150, 5 SALEM ROAD I PRINCESS ANNE ROAD INTERSECTION 6 IMPROVEMENT, AND TO ACCEPT AND APPROPRIATE A 7 GRANT IN THE AMOUNT OF $300,000 TO RELIEVE 8 CONGESTION 9 10 WHEREAS, in accordance with Virginia Department of 11 Transportation allocations procedures, it is necessary that Council 12 request VDOT to program an urban highway project in the City of 13 Virginia Beach; 14 WHEREAS, the Hampton Roads Planning Commission has awarded the 15 City a Congestion Mitigation and Air Quality (CMAQ) grant totaling 16 $900,000 for improvements at the intersection of Salem Road and 17 Princess Anne Road; 18 WHEREAS, $300,000 of the CMAQ grant funds are available in FY 19 2007 and $600,000 of the grant funds will be available after 20 October 1, 2007. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 1. That the City Council of the City of Virginia Beach, 24 Virginia, requests the Virginia Department of Transportation to 25 establish an urban system highway project for the improvement of 26 the intersection of Salem Road and Princess Anne Road; 27 2. That the Council of the City of Virginia Beach agrees to 28 pay its share of the total cost for preliminary engineering, right- 29 of-way and construction of this project in accordance with Section 30 33.1-44 of the Code of Virginia, and that, if the City of Virginia 31 Beach subsequently elects to cancel this proj ect, the City of 32 Virginia Beach hereby agrees to reimburse the Virginia Department 33 of Transportation for the total amount of the costs expended by the 34 Department through the date the Department is notified of such 35 cancellation. 36 3. That the City Manager is hereby authorized to execute on 37 behalf of the City of Virginia Beach all necessary project 38 agreements. 39 4. That CIP #2-150, Salem Road / Princess Anne Road 40 Intersection Improvement is hereby established as a capital 41 proj ect. 42 5. That $300,000 is accepted from the Virginia Department of 43 Transportation and appropriated to CIP #2-150, Salem Road I 44 Princess Anne Road Intersection Improvement, with estimated 45 revenues increased accordingly. 46 Adopted by the Council of the City of Virginia Beach, 47 Virginia, on the day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ ~~~ City Attorney' ffice CA10265 V:\applications\citylawprod\cycom32\Wpdocs\D001\P001\OO027533.DOC R-2 February 1, 2007 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Reallocate $110,810 in Remaining Funds from the FY 2004-05 Domestic Violence Grant from the U. S. Department of Justice to the FY 2006-07 Operating Budget of the Commonwealth's Attorney's Office to Continue the Prosecution of Domestic Violence Cases MEETING DATE: February 27 I 2007 . Background: The Commonwealth's Attorney's Office received a two-year grant in FY 2004-05 from the United States Department of Justice, Office on Violence Against Women, to encourage arrest policies and enforcement of protection orders. The program promotes the treatment of domestic violence and sexual assault as serious violations of criminal law. It enhances victim safety and offender accountability by encouraging jurisdictions to implement mandatory and pro-arrest policies as an effective domestic violence intervention. The program was conceived to be part of a coordinated community response. The original funding expired December 31, 2006; however, the Department of Justice has agreed to allow the Commonwealth's Attorney to roll the remaining funds from the Police Department's portion of the grant and the Commonwealth's Attorney's operating accounts to continue funding the salary and benefits of an attorney and caseworker through August 31, 2008. The residual funding to be rolled over and reallocated totals $110,810. . Considerations: The Commonwealth's Attorney was not able to continue to fund these positions in the FY 2006-07 supplemental funding because the maximum amount of the grant application was capped. The grantor agreed to allow the City to continue funding these positions out of the new grant funding until the reallocation of grant funding could occur. This reallocation will provide funding for salaries and benefits for two existing positions, an Assistant Commonwealth's Attorney and a Victim-Witness Caseworker, through August 31, 2008. It is understood that these positions will remain grant-funded and are subject to termination at the end of the grant period. This action required no City funding and the City is under no obligation to continue funding these positions when the grant expires. . Public Information: Public information will be handled through the normal Council agenda process. . Recommendations: Approve the rollover and reallocation of $110,810 in residual grant funds to the FY 2006-07 Operating Budget of the Commonwealth's Attorney's Office. . Attachments: Ordinance and notice from granting agency approving reallocation of remaining funding Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager:~ \L. ~ 1 AN ORDINANCE TO REALLOCATE $110,810 IN 2 REMAINING FUNDS FROM THE FY 2004-05 DOMESTIC 3 VIOLENCE GRANT FROM THE U. S. DEPARTMENT OF 4 JUSTICE TO THE FY 2006-07 OPERATING BUDGET OF 5 THE COMMONWEALTH'S ATTORNEY'S OFFICE TO 6 CONTINUE THE PROSECUTION OF DOMESTIC VIOLENCE 7 CASES 8 WHEREAS, the United States Department of Justice has approved 9 the use of expired grant funding to continue funding the salaries 10 and fringe benefits for two full-time positions in the Virginia 11 Beach Commonwealth's Attorney's Office related to the prosecution 12 of domestic violence cases. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. That $84,675 is hereby transferred from the Police 18 Department's Operating Budget to the FY 2006-07 Operating Budget 19 of the Commonwealth's Attorney's Office to continue funding for 20 two existing full-time positions related to the prosecution of 21 domestic violence cases, with revenue from the federal government 22 reflected accordingly. 23 24 2. That $26,135 is hereby transferred within the FY 2006-07 25 Operating Budget of the Commonwealthrs Attorney's Office to 26 continue funding for. two existing full-time positions related to 27 the prosecution of domestic violence cases, with revenue from the 28 federal government reflected accordingly. 29 30 3. That the two full-time positions funded by this grant 31 will be terminated if federal grant revenue is exhausted. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia 34 on the day of , 2007. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~~ nagem t Services J~1r City Attorney' Of~ce CA10273 v:\applications\citylawprod\cycom32\Wpdocs\D015\P001\OO028382.DOC R-2 February 15, 2007 Co .. . "Hamilton. Anne- '<Anne.Hamilton@usdoi.gov> 021061200703:12 PM To <VRogers@oca.vbgov.com>. cc bee SubjeCt ~E: 'Budget AmendmeritlModification Yes, that is fine. Let m~ kn.ow if you n~e4. anything further.' sorry for the delay in my response~' Rave. A- goog: d~y:~" . Anne -----Original Message----- 'From: VRogers@oca.vbgov:com [maiIto :VRogersrsioca'. vbgov .'com] ,Sent: Wednesday, January 3.~1. 200'7 10':'38 AM To: Hamilton, Jume subject: Fw: BU:dge~,Amenr;ilnent:;/Mqdificatiori. JUst making sure you got the below as I am awaiting a :confirmacion. Also, the below was extremely brief as we had already:oucli.neci these changes in an official let~er to you (see attached) . ~t may have gotten lost or filed as it was'a part of the GAN ~e submitted (yeu deleced.the G:AN as it was' not necessary since we received the supplemental award and . everything converted to ~)Ue pot' of money versus two). Questions, please call me. Thanks. (See attached file: dV~~~93007 .d9C) ,: ~***~~.*w********.****w~*******.~*..*********~**.~*** Vicki P. Rogers Administrative Specialist office of the Commonwealth's At~orney 2425 . Nimmo Parkway, . lOB/2nd. Floor . Virg~ia Beach, VA 23456 (757) 385-8723 (Office) (757) 646-2969 (Cell) (757) 385-1288 (Fax) Forwarded by Vicki P Rogers/VABjVCAIS on 01/31/2007 20:25 AM -~--- Vicki P Rogers/VAB/VCAIS To 02/26/2007 q3:11 PM '.. AI:1ne~ RaTniiton c::c Ab ~ mchi~g@Vbgov. com~ 'ane~bgov. com, ~ Chap~~n/vA?/VCAIS@vCAis Subject Budget AmeridmentjModification 7.n'..! 7.G:A lon7. r.1 Cla~ RA7.IGRr./G/:xe~ ~~V1R VA AI IV ~ll~NO~ 0: '" I decided to go ahead, ,an4.put t:q..:J:e il,! w;-it.ing.. ~hile it._wa~ f;--esh. in my nlind. It was good ta1k.tiJ.g:with Y9U t~is' a:f~~i~~9ii. : . '~'.,',~ . .' Our original award (944,000) included money for ove~ime for police. offi!=e:re., This mqney was.. :q.ot fu.~J.y. u.~j,lize}l and.. .i~ s'ti,J.l av~pa?le " (79,514) in the Personnel/Fringe" accounts 'of the grant:;. We will be using this mon~y'to ~s~ist ~s in keeping all gran~ ~loyees; on'the payroll . for as long as possible: '6u'i:- first award hired (2) at:torneys~' ('1) paralegal, (~) clerk, H) Vict:im.witnes.s Caseworker and (zlVict.im. Witness Advo.caees .iu sarna;r-:itan 'House,. ..'<;:>ur.supp;I,em~nt~.1 a~;;d.. (4'90~.o'MJ only' a,1:r?~~.4..f"or (:1.), attorney, ,(1) paralegal, . (1) cl~~k ~d ell. OJ.ltreacb. Coordinat:or. in Samaritan House. .We will'use ~he funding'originally given 'to.police for overtime to keep .the ,2nd attorn~y, tl;l,e:Vic.~i!llWi~ess .Case~qr.ker and :t:he (2) Vicc1m Witness Advocates that were not apart of the supplemental award on the payroll for' .as long:' as p'os~ibJe'. . . -. . .. The~e is approximately $29;184 in other categories (not personnel and fringe) that we' will move' up to" Salary and' Fringe 'as . we 11. - 1:'bili amoulit is less than 10~ of the cotal award 'therefore. we do not need to do a budget. modification at this ti~e. ' Please confirm so chat: we can proceed'wich the above. Thank you. * ***'*********.. !'"***"'.....*** * '" ****'" 1i........******** ",',.'*",.*",** Vicki P. Rogers . Administrative specialist Office of the Commonwealth's Attorney 2425 Nimmo parkWay~ lOB/2nd Floor Virginia Beach, 'VA 23456 1757) 385-8723 (Offic~) (757) 646-2969 (Cell) (757) 385-1288 (Fax) r.n . rl r.G:R Inn? RJ QS4 RR7.IGRr./G/:xe-l J.l~\/~R \/A AllY J.lllR.WO~ J. RESOLUTIONS 1. Resolution PROVIDING for the issuance and sale of $75,000,000 General Obligation Public Improvement Bonds, Series 2007, re financing various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects. 2. Resolution AFFIRMING that the provision of high-quality Workforce Housing is a desirable goal of the City and that appropriate ordinances directed toward achieving such goal be developed. 3. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT: a. additional streets for urban maintenance payments b. corrections to the road inventory for urban maintenance payments 4. Resolutions for ENDORSEMENT of Virginia Department of Transportation (VDOT) urban highway projects for Bicycle and Pedestrian Safety Grant funding: a. Pacific Avenue between 5th and 43rd Streets b. Shore Drive between Kendall Street and Vista Circle ~lA.~ ~~.._.~. ;;s.:.:% fE · -.,\i. ~ -- .;' . .'. ..) "'1."~Jf1.; ~~~_~.{t ~y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Providing for the Issuance and Sale of $75,000,000 General Obligation Public Improvement Bonds, Series 2007 MEETING DATE: February 27,2007 . Background: Based on a review of capital project expenditures and future CIP needs, the Department of Finance has begun preparations for a general obligation bond sale in the amount of $75 million. The Bond sale is composed of portions of 2004 and 2005 Charter Bond Authorizations to finance a portion of the respective CIP's previously approved by Council. The bond proceeds from the proposed sale will reimburse previous expenditures. . Considerations: This sale represents the City's annual general obligation bond sale. The City's bond counsel, Troutman Sanders, has prepared the enclosed resolution authorizing the issuance and sale. The bonds will be sold by competitive bid with the actions of the City Manager being conclusive provided, however, that the bonds shall have a true interest cost not to exceed 5.5 percent. The proposed bond structure takes into consideration the FY 2007 and FY 2008 debt service budgets. The bond sale is scheduled for pricing on March 13, 2007. As an accommodation to bidders, the City will employ an electronic bidding system in accordance with the Official Notice of Sale. After today's Council action no further vote of the City Council will be necessary. The final terms of the bond sale will be provided to City Council. . Public Information: Public information will be handled through the normal Council agenda process. The original Charter authorizations were a part of the public information process for the Operating Budget and Capital Improvement Program. In addition, a Notice of Sale will be placed in The Bond Buver, a daily newspaper for the tax-exempt bond market. . Alternatives: There are no alternative funding sources at this time. This request follows previously approved CIPs. . Recommendations: The enclosed resolution providing for the sale of the bonds is recommended for City Council approval. . Attachments: Resolution Authorizing the bond sale Draft of the Preliminary Official Statement with: Draft of the Continuing Disclosure Agreement (Appendix C) Draft of the Official Notice of Sale (Appendix E) Recommended Action: Approval of Resolution Submitting Department/Agency: Finance ~/~ City Manager~9a-\(-.~ ~ RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2007, HERETOFORE AUTHORIZED, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $75,000,000, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $61,000,000 of bonds of the City of Virginia Beach, Virginia (the "City") was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 11, 2004, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $3,597,407 of which bonds have been issued and sold. The issuance of $55,200,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 10,2005, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold. The issuance of $63,800,000 of bonds of the City was authorized by an ordinance adopted by the City Council on May 9, 2006, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, none of which bonds have been issued and sold. It has been recommended to the City Council by representatives of ARD Government Finance Group and Government Finance Associates, Inc. (the "Financial Advisors") that the City issue and sell a series of general obligation public improvement bonds in the maximum principal amount of $75,000,000. The City Council has determined it is in the City's best interest to issue and sell $57,402,593 of the bonds authorized on May 11, 2004; $17,597,407 of the bonds authorized on May 10, 2005; and none of the bonds authorized on May 9, 2006. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds of the City in the maximum principal amount of $75,000,000 (the "Bonds"). The proceeds of the Bonds will be used to provide funds to finance, in part, the costs of various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements, as more fully described in the ordinances authorizing the Bonds adopted on May 11, 2004 and May 10,2005 (collectively, the "Project"), and the costs incurred in connection with issuing the Bonds. 2. Bond Details. The Bonds shall be designated "General Obligation Public Improvement Bonds, Series 2007," or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. Subject to Section 8, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager; provided, that the Bonds (a) shall have a "true" or "Canadian" interest cost not to exceed 5.50% (taking into account any original issue discount or premium), (b) shall be sold to the purchaser thereof at a price not less than 99.0% of the principal amount thereof (excluding any original issue discount), (c) shall be subject to optional redemption no later than September 15, 2016 at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall mature or be subject to mandatory sinking fund redemptions in annual installments beginning no later than September 15,2007, and ending no later than September 15,2026. Principal of the Bonds shall be payable annually on dates determined by the City Manager. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager (the "Record Date"). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance -2- shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 7. So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth. in this paragraph and the next preceding paragraph, shall control. 3. Redemption Provisions. (a) Optional Redemption. The Bonds may be subject to redemption prior to maturity at the option of the City, in whole or in part, at any time on or after dates, if any, determined by the City Manager, but no later than September 15, 2016, at a redemption price equal to the principal amount of the Bonds to be redeemed, together with any interest accrued to the date fixed for redemption, plus a redemption premium not to exceed 2% of the principal amount of the Bonds to be redeemed, such redemption premium to be determined by the City Manager. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's -3- Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 4. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 5. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 6. Plede:e of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 7. Ree:istration. Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its -4- designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 4, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 8. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisors, and subject to the limitations set forth in Section 1, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of .the City Council. 9. Notice of Sale: Bid Form. The City Manager, in collaboration with the Financial Advisors, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 below, and which forms are approved; provided, that the City Manager, in collaboration with the Financial Advisors, may make such changes in the Official Notice of Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in the best interest of the City. 10. Official Statement. A draft of a Preliminary Official Statement describing the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisors, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisors, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement, execution thereof by the City Manager to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of -5- copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance of the Bonds, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 11. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission (the "SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2- 12. The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 12. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 13. Arbitrae:e Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 14. Non-Arbitrae:e Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 15. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141 (b) of the Code, (b) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any output facility (other than a -6- facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141 ( c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 16. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize either or both of the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Virginia Arbitrage & Investment Management Program ("AIM") in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of either SNAP or AIM is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 17. Continuin2: Disclosure A2:reement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 10 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 18. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 19. Repeal of Conflictin2: Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 20. Effective Date. This Resolution shall take effect immediately. Exhibit A - Form of Bonds -7- Exhibit A - Form of Bonds Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED No. R- REGISTERED $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH . General Obligation Public Improvement Bond Series 2007 INTEREST RATE % MATURITY DATE September 15, 20_ DATED DATE March _, 2007 CUSIP 927734 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each September 15 and March 15, beginning September 15, 2007, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of $75,000,000 General Obligation Public Improvement Bonds, Series 2007 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances adopted by the City Council of the City of Virginia Beach (the "City Council") on May 11,2004 and May 10,2005, and are being issued pursuant to a resolution adopted by the City Council on February 27, 2007 (the "Bond Resolution"), to finance various public, school, road and highway, coastal, economic and tourism, building and parks and recreation improvements and to pay costs of issuance of the Bonds. The Bonds maturing on or before September 15, 20_, are not subject to optional redemption prior to maturity. The Bonds maturing on or after September 15,20_, are subject to redemption prior to maturity at the option of the City on or after September 15, 20_, in whole or in part at any time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price The Bonds maturing on September 15, 20_, are required to be redeemed in part before maturity by the City on September 15 in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on September 15, 20_ in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. A-2 The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of, premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. In the event a date for the payme1).t of principal, redemption price, or interest on this bond is not a business day, then payment of principal, redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-3 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by (Signature of Registered Owner) an Eligible Guarantor Institution such as a NOTICE: The signature above must Commercial Bank, Trust Company, Securities correspond with the name of the registered Broker/Dealer, Credit Union or Savings owner as it appears on the front of this bond in Association who is a member of a medallion every particular, without alteration or program approved by The Securities Transfer enlargement or any change whatsoever. Association, Inc. #1582694vl 205182.000118 A-4 Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this 27th day of February, 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ?~~ FInance Departmen~ J4Jm tK~ City Attorney's Office CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on February 27, 2007, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT/ABSENT: VOTE: Meyera E. Oberndorf, Mayor Louis R. Jones, Vice Mayor Bill R. DeSteph Harry E. Diezel Robert M. Dyer Barbara M. Henley Reba S. McClanan John E. Uhrin Ronald John A. Villanueva Rosemary Wilson James L. Wood / -- / -- / -- / -- / -- / -- / -- / -- / -- / -- / -- 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on February 27, 2007. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this _ day of March, 2007. Clerk, City Council of the City of Virginia Beach, Virginia (SEAL) 1582694v1 205182.000118 city of Virginia Beach, Virginia 2007 General Obligation Bond Sale-$75 Million Summary of 2004-2005 Charter Bond Allocation Economic Vitality Economic and Tourism 9.016 Town Center Infrastructure 9.141 Economic Development Investment Program 9.302 Rudee Loop Development - Phase I (partial) Safe Community Buildings 3.027 3.017 3.441 Law Enforcement Training Academy Fire & Rescue - 1 st Landing Correction Center Addition Qualitv Phvsical Environment Roadways 2.007 2.039 2.048 2.065 2.067 2.076 2.115 2.149 2.152 2.195 2.263 2.284 Buildings 3.038 3.100 3.366 3.368 Shipp's Corner Road Bridge Replacement Computerized Traffic Signal UpgradelReplacement Princess Anne Rd./Kempsville Rd. Intersection Impr (VDOT) Elbow Road Extended - Phase IT-A Sandbridge Road Safety Improvements Laskin Road Gateway Shore Drive Intersections - Demonstration Project Birdneck Road - Phase IT (VDOT) Elbow Road Extended - Phase IT Princess Anne Road Phase VII Major Bridge Rehabilitation Pavement Maintenance Program Various Buildings Rehabilitation and Renewal Various Buildings HV AC Rehabilitation and Renewal Replacement Central Plant Various Site Acquisitions City of Virginia Beach, Virginia 2007 General Obligation Bond Sale-$75 Million Summary of 2004-2005 Charter Bond Allocation Cultural & Recreational Opportunities Buildings 3.322 Virginia Aquarium Original Exhibit Gallery Renovation Parks & Recreation 4.009 Kempsville Recreation Center - Renovation 4.010 Existing Trails Repairs 4.019 New Princess Anne District Park Athletics Complex 4.024 Park Playground Renovations 4.031 Little Island Pier Access 4.034 Recreation Centers Roofrepair 4.036 Tennis Court Renovations 4.042 Red Wing Lake Golf Course Improvements 4.046 Williams Park Improvement 4.066 Open Space Park Development Quality Education and Lifeloni!: Leamini!: Schools 1.017 1.020 1.082 1.085 1.227 1.228 1.229 Buildings 3.175 3.447 Landstown High School Addition Ocean Lakes High School Addition Alternative Education Facility - Phase I Alternative Education Facility - Phase II Windsor Woods Elementary School Modernization Brookwood Elementary School Replacement Pembroke Meadows Elementary School Modernization South Rosemont Area Library Various Library Renovations CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Affirming that the Provision of High-Quality Workforce Housing is a Desirable Goal of the City and Directing that Appropriate Ordinances Directed Toward Achieving Such Goal Be Developed MEETING DATE: February 27, 2007 Background: At its informal meeting on February 20, 2007, a majority of Council indicated their desire to have a workforce housing program developed for Council's consideration. This program would be based on the Workforce Housing Report from the Planning Commission. As discussed at the meeting, staff would consider Council concerns and comments, consult with Council members, review programs from other localities, and utilize public input from key stakeholders in developing the program and necessary ordinances. . Considerations: This resolution indicates that there is enough Council interest to invest the necessary time of staff and the city attorney's office in the development of detailed proposals for final consideration in June. Public Information: The development of this program has been the subject of two Planning Commission meetings and three city Council meetings since November, 2006. All aspects of this issue should be familiar to interested members of the public. Alternatives: Council informally indicated its intent at the meeting of February 20th. However, creating a record of this intent by formal action is helpful to insure clarity for staff. Recommendation: It is recommended that the resolution be adopted as presented. Attachments: Resolution Recommended Action: Adoption of the Resolution as Submitted Submitting Department/Agency: Housing and Neighborhood preservatio~ City Manage~ t. ~~ 1 A RESOLUTION AFFIRMING THAT THE 2 PROVISION OF HIGH-QUALITY WORKFORCE 3 HOUSING IS A DESIRABLE GOAL FOR THE 4 CITY AND DIRECTING THAT APPROPRIATE 5 ORDINANCES DIRECTED TOWARD ACHIEVING 6 SUCH GOAL BE DEVELOPED 7 8 WHEREAS, by Resolution dated September 27, 2005, the City 9 Council directed the Planning Commission to study the City's 10 development ordinances and recommend amendments to such 11 ordinances regarding, among other things, increasing the overall 12 supply of workforce and affordable housing by encouraging 13 increased density and mixed-use development in Strategic Growth 14 Areas not within Air Installation Compatible Use Zones (AICUZ); 15 and 16 17 WHEREAS, the Planning Commission created a Workforce 18 Housing Committee comprised of workforce housing advocates, 19 developers, representatives of civic groups, and other citizens 20 to perform such study and to develop potential solutions; and 21 22 WHEREAS, the Workforce Housing Committee presented its 23 report to the Planning Commission on November 13, 2006; and 24 25 WHEREAS, the Planning Commission held a public hearing 26 concerning the Workforce Housing Committee's report on December 27 13, 2006, at which the comments received by the Commission was 28 overwhelmingly positive; and 29 30 WHEREAS, the City Council held public hearings concerning 31 the Workforce Housing Committee's report on January 23, 2007 and 32 February 13, 2007, at which the overall public response was also 33 overwhelmingly positive; and 34 35 WHEREAS, it is the sense of the City Council that the 36 development of a workforce housing program remains an important 37 goal; 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 40 CITY OF VIRGINIA BEACH, VIRGINIA: 41 42 That the City Council hereby affirms that the creation of 43 high-quality workforce housing integrated within new 44 developments having a residential component is a desirable goal 45 and will be of benefit to the City and its citizens. 46 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 47 VIRGINIA BEACH, VIRGINIA: 48 49 That the City Staff is hereby directed to continue to work 50 to develop an appropriate workforce housing program for the City 51 Council's consideration, which program shall include such zoning 52 and other ordinances as will accomplish the aforesaid goal. 53 54 Adopted by the Council of the City of Virginia Beach on the 55 day of , 2007. CA10277 V:\applications\citylawprod\cycom32\Wpdocs\D021\P002\OO028649.DOC R-1 February 21, 2007 APPROVED AS TO CONTENT: Gd'~/~P~~ Department of Housing & Neighborhood Preservation APPROVED AS TO LEGAL SUFFICIENCY: Ci~&!d ~ -......... "'- ~::h~ ~~ :;,~~.....~ ~\... -~\~ (~~ ..,."..:.~ ~.~./,l~ ~.~~~~~ ........_....~~ CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: February 27,2007 . Background: The Virginia Department of Transportation ("VDOT') maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections to the City's road inventory. . Considerations: The first resolution requests the addition of 13.48 lane miles of new streets which will be eligible for urban maintenance funds beginning July 1, 2006. Of these, .80 lane miles are classified as arterial streets. At the present rate of $14,998 per lane mile, the City will receive $11,998.40. The remaining 12.68 lane miles are classified as local/collector streets. At the present rate of $8,805 per lane mile, the City will receive $111,647.40. The combined total for additional urban maintenance funding is $123,645.80. The second resolution reflects an additional net increase of 4.93 lane miles of arterial and local/collector streets in the urban street inventory. This increase is the result of the reconstruction of streets that add, lengthen, and/or replace lanes and the deletion of streets that are already part of the street inventory. With a combined net increase of arterial and local/collector streets, the city will receive a total of $69,171.53. Based on the current VDOT rates, the city will net a total increase of $192,817.33 in revenue for urban maintenance funding beginning July 1, 2007, as a result of the above changes. A list of streets is attached. . Public Information: The item will be publicized as part of the City Council's agenda. . Recommendations: Approval . Attachments: Resolutions (2) Form U-1 (street inventory) ("Exhibit A") Recommended Action: Approval Submitting Department/Agency: Public Works PIrD City Manager: . ~ ~ 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN 4 MAINTENANCE PAYMENTS 5 WHEREAS, the Virginia Department of Transportation 6 requires a City Council resolution prior to accepting 7 additional streets for urban maintenance payments; 8 9 WHEREAS, the 12.39 (Local/Collector) lane miles 10 streets listed on Exhibit A (attached) have been 11 constructed in accordance with standards established by the 12 Virginia Department of Transportation; 13 14 WHEREAS, the City of Virginia Beach has accepted and 15 agreed to maintain these streets; and 16 17 WHEREAS, a representative from the Virginia Department 18 of Transportation has inspected and approved these streets. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 That City Council hereby requests the Virginia 24 Department of Transportation to accept the streets listed 25 on Exhibit A, attached hereto and incorporated by 26 reference, and to begin paying urban maintenance payments 27 to the City of Virginia Beach based on the established 28 rate. 29 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia, on the day of February, 2007. 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VDOT Street Report Add or Replace Local Streets City of Virginia Beach 81 0 Department of Public Works January 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT CORRECTIONS TO THE ROAD INVENTORY FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a City Council resolution prior to accepting corrections or deletions to the revised road inventory for urban maintenance payments; WHEREAS, City personnel have reviewed the revised road inventory prepared by the Virginia Department of Transportation and have determined that some inaccuracies exist; WHEREAS, been made as increase of miles; and corrections to the revised road inventory have shown on Exhibit A (attached); resulting in a net 1.08 (-.08 Local/Collector, 1.16 Arterial) lane WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these corrections. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby requests the Virginia Department of Transportation to accept the corrections listed on Exhibit A, attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted by the Virginia, on the Council of the City of Virginia Beach, day of February, 2007. Approved as to Content: Approved as to Legal Sufficiency" ~Pr. ~al~~ Departm nt of Publlc Works ~.Li6 L- Ci AtEorney's Office CA10267 V:\applications\citylawprod\cycom32\Wpdocs\D012\P002\000281 40.DOC February 12, 2007 R-1 to '0 Q) Ol <1l a.. C/) 2 o i=~ ~2 WW 0:: 0::>- 0<C C/)o... 2 2W.... <1l o OU~.c Ci5 i= ~ 'i '51 5 I- 01-"'":.: - 0 OC/)C')> o 0 <C Cij C') - 2> C/)C::O <c t!i<C.QQ) In W...Jo" 0:: 0:: <C Q) 0 ::> I- 0... 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E/l~'---"; 'J' fJ'/ ~00p.7: 3;,' "/j/ ,/;>/' ;//;<:,~ / ,.// J c~ ..Frs .......~No~ ~ ~ ty' i "<: "01 810 41;.// Q:', . 0' J,::,' N A i: }" jj ~:\i, ~!; "'''::''-- ~', ~Ii i;"-<';'ln Zjl ~ ,ffi ~; i _10<(,.,,', :-- . r;. ~I j 'C.~;// .UJ 0)'-.. .,::'- .,' ?fi 0:'-'-' m z UJ .r \:;0 ,~ ~.;.m .;;J:> ',0 .';0 I.... : ~ RlVli=RA AR J~LEARSP:~~~~;E.t ....~ '-0 .<: ~ '0 .-z. .~ ~ .ft! a o ,:,9 Eo(; ...', " ELAI(l;DR . oS C~N9n: -s- 0<(,. . "-~. ~~: '~O...,. ~<(,.~. ~ <'("I ;>. ~~~\,. 0~~ ~<(,.\,. \,.~ -0 ~ Q '.'S. ~ ~ ~ U! .~ ~ ~ ("I;>. ,.......--..-C'"' Add/Replace Street VDOT Street Report Add or Replace Local Streets City of Virginia Beach Department of Public Works January 2007 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution for Endorsement of VDOT Bicycle and Pedestrian Safety Grant Funding for Pacific Avenue MEETING DATE: February 27,2007 . Background: Pacific Avenue is a four-lane arterial road serving as the main north/south access to the north end of the city. Over 5,400 pedestrians cross Pacific Avenue between 5th Street and 43rd Street daily on a year-round basis to access the beaches, restaurants, night clubs and hotels. However, during the summer that number increases to 20,000-28,000 pedestrians daily, There are seven signals along this corridor at 5th, 9th, 17th, 21st, 24th, 31st, and 43rd Streets. All signals have an exclusive pedestrian phase. However, because this roadway section is two miles long, many pedestrians choose to cross the street in areas where there is no signal protection. . Considerations: Due to pedestrian fatalities and requests from area residents, Public Works investigated the pedestrian activity along Pacific Avenue between 5th and 43rd streets. It was determined that large "Pedestrian Crossing - next two miles" warning signs with flashing lights would help educate drivers that many pedestrians cross Pacific Avenue to access hotels, shops, and public beaches. Solar powered flashing lights along this section of Pacific Avenue could prevent accidents. They could be installed at a minimal cost and would not require the purchasing of right-of-way. Initial funding for the project has been provided through a grant from the Federal Highway Administration under the VDOT Bicycle and Pedestrian Safety Program. The amount of the initial grant from VDOT totals $63,540.00. The current cost estimate prepared by Traffic Engineering/Public Works for the design and construction of this project totals $71,000.00. Contributed staff time of $7,460,00 will be provided as in-kind match for this project. The project is identified in the current Capital Improvement Program as CIP #2-285 (Traffic Safety Improvements - Phase II). If the resolution is not adopted, the grant funding will not be provided. . Public Information: The project scope was developed by the Department of Public Works, in conjunction with the Resort Advisory Committee, and is based on input from the community. . Recommendations: It is recommended that City Council adopt a resolution in support of the grant application. . Attachments: Resolution. Recommended Action: Approval of attached Resolution. Submitting Department/Agency: Public Works ~I\\) City Manager~., \.L ' ~ """- 1 A RESOLUTION FOR ENDORSEMENT OF VDOT BICYCLE 2 AND PEDESTRIAN SAFETY GRANT FUNDING FOR 3 PACIFIC AVENUE 4 5 WHEREAS, in accordance with Virginia Department of 6 Transportation (VDOT) allocations procedures, it is necessary that 7 a request by Council resolution be made in order for VDOT to 8 program an urban highway project in the City of Virginia Beach. 9 NOW, THEREFOREr BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA THAT: 11 1. The City Council of the City of Virginia Beach, Virginia 12 requests the Virginia Department of Transportation to establish an 13 urban system highway proj ect for the improvement of pedestrian 14 safety along Pacific Avenue between 5th and 43rd Streets, covering a 15 distance of approximately two miles. 16 2. The Council of the City of Virginia Beach agrees to pay its 17 share of the total cost for preliminary engineering, right-of-way 18 and construction of this project in accordance with Section 33.1-44 19 of the Code of Virginia, and that, if the City of Virginia Beach 20 subsequently elects to cancel this project, the City of Virginia 21 Beach hereby agrees to reimburse the Virginia Department of 22 Transportation for the total amount of the costs expended by the 23 Department through the date the Department is notified of such 24 cancellation. 25 Adopted by the Council of the City of Virginia Beach, 26 Virginia, on the day of r 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ - City Attorney's ~ CA10259 v:\applications\citylawprod\cycom32\Wpdocs\D029\P002\OO027174.DOC R-3 February 1, 2007 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution for Endorsement of VDOT Bicycle and Pedestrian Safety Grant Funding for Shore Drive MEETING DATE: February 27,2007 . Background: Shore Drive is a four-lane arterial road serving as the main east/west access to the north end of the city. Over 300-400 pedestrians cross Shore Drive between Kendall Street and Vista Circle daily on a year-round basis to access the beaches, restaurants, night clubs and hotels. However, during the summer that number increases to 600-1100 pedestrians per day. There are four signals along this corridor at N. Great Neck Road, W. Great Neck Road, Starfish Drive and Vista Circle. The signal at Starfish Drive has an exclusive pedestrian phase. However, because this roadway section is one-and-one-half miles long, many pedestrians choose to cross the street in areas where there is no signal protection. . Consideration$: Due to pedestrian fatalities and requests from area residents, Public Works investigated the pedestrian activity along Shore Drive between Kendall Street and Vista Circle, It was determined that large "Pedestrian Crossing - next 1.5 miles" warning signs with flashing lights would help educate drivers that many pedestrians cross this section of Shore Drive. Solar powered flashing lights along this section of Shore Drive could prevent accidents. They could be installed at a minimal cost and would not require the purchasing of right-of-way. Initial funding for the project has been provided through a grant from the Federal Highway Administration under the VDOT Bicycle and Pedestrian Safety Program. The amount of the initial grant from VDOT totals $36,288. The current cost estimate prepared by Public WorksfTraffic Engineering Division for the design and construction of this project totals $40,320. An in-kind contribution of staff time in the amount of $4,032 will meet the cost sharing requirements for this project. The project is identified in the current Capital Improvement Program as CIP #2-285 (Traffic Safety Improvements - Phase II). If the resolution is not adopted, the grant funding will not be provided. . Public Information: The project scope was developed by the Department of Public Works, in conjunction with the Shore Drive Advisory Committee, and is based on input from the community. . Recommendations: It is recommended that City Council adopt a resolution in support of the grant application, . Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Public Works ~ AD City Manager:~ It .~5l9t 1 A RESOLUTION FOR ENDORSEMENT OF VDOT BICYCLE 2 AND PEDESTRIAN SAFETY GRANT FUNDING FOR SHORE 3 DRIVE 4 5 WHEREAS, in accordance with Virginia Department of 6 Transportation (VDOT) allocations proceduresr it is necessary that 7 a request by Council resolution be made in order for VDOT to 8 program an urban highway project in the City of Virginia Beach. 9 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA THAT: 11 1. The City Council of the City of Virginia Beach, Virginia 12 requests the Virginia Department of Transportation to establish an 13 urban system highway proj ect for the improvement of pedestrian 14 safety along Shore Drive between Kendall Street and Vista Circle, 15 covering a distance of approximately one-and-one-half miles. 16 2. The Council of the City of Virginia Beach agrees to pay its 17 share of the total cost for preliminary engineering, right-of-way 18 and construction of this project in accordance with Section 33.1-44 19 of the Code of Virginia, and that, if the City of Virginia Beach 20 subsequently elects to cancel this project, the City of Virginia 21 Beach hereby agrees to reimburse the Virginia Department of 22 Transportation for the total amount of the costs expended by the 23 Department through t.he date the Department is notified of such 24 cancellation. 25 Adopted by the Council of the City of Virginia Beach, 26 Virginia, on the day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~A" '-.. ~=~ice CAI0258 v:\applications\citylawprod\cycom32\WpdocS\D029\P002\OO027161.DOC R-3 February 1, 2007 K. PLANNING 1. Application of RICHARD C., JR. and KIMBERLY C. MCCULLOUGH for the closure of a portion of an unimproved alley adjacent to 813 V anderbilt Avenue, Croatan Beach. (DISTRICT 6 - BEACH) Recommendation: APPROVAL 2. Ordinance AMENDING Sections 111,601,801, and 901, ADDING Section 241.1 establishing definitions of single room occupancy facility and Single Room Occupancy Unit and establishing specific standards and applicable districts for a single room occupancy facility. Recommendation: APPROVAL 3. Applications of VIRGINIA SUPPORTIVE HOUSING at 964 S. Military Highway (DISTRICT 1 - CENTERVILLE): a. Change of Zoning from B-2 Community Business District to A-12 Apartment District b. Conditional Use Permit to develop a single room occupancy facility Recommendation: APPROVAL 4. Application of A.O.S. PROPERTIES, L.L.C. for a Change ofZoninfl District Classification from AG-l and AG-2 Agricultural District to Conditional R-15 Residential District at 2433 and 2437 Salem Road to consolidate two existing properties re development of single family residential lots. (DISTRICT 7 - PRINCESS ANNE) Recommendation: INDEFINITE DEFERRAL 5. Application of MICHAEL D. SIFEN, INC. for a Chanfle of Zoning District Classification from B-2 Community Business District and R-I0 Residential District to Conditional B-IA Limited Community Business District at 251, 263 and 267 North Lynnhaven Road to develop a strip retail center. (DISTRICT 3 - ROSE HALL) Recommendation: APPROVAL 6. Application of VIRGINIA WESLEYAN COLLEGE for a Conditional Use Permit for student dormitories at 5817 Wesleyan Drive (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Cen- ter, 2401 Courthouse Drive, Tuesday, February 27, 2007, at 6:00 p.m. The following applications will be heard: DISTRICT 2 - KEMPSVILLE Virginia Wesleyan College Application: Conditional Use Permittor student dor- mitories at 5817 Wesleyan Drive (GPIN 1468032646). CITY OF VIRGINIA BEACH Ordinance amending Sections 111, 601, 801, and 901 and adding Section 241.1 establishing definitions of Single Room Occupancy Facility and Single Room Occupancy Unit and establishing specific standards and applicable dis- tricts for a Single Room Occupancy Facility. DISTRICT 1 - CENTERVILLE Virginia Supportive Housing Application: Change of Zoning from B-2 Commu- nity Business to A-12 Apartment at 964 S. Military Highway. The Comprehen- sive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the zon- ing change is to develop the site for a Single Room Occupancy Facility. (GPIN 1456133354). Virginia Supportive Housing. for a Conditional Use Permit for a Single Room Occupancy Facility at 964 S. Military Highway. (GP!N 1456133354). DISTRICT 7 - PRINCESS ANNE A.O.S. Properties, L.L.C. Application: Change of Zoning District Classification from AG-l and AG-2 Agricultural to Conditional R-15 Residential at 2433 and 2437 Salem Road (GPINs 1484238037; 1484236232). The Comprehensive Plan designates this site as being part of Princess Anne (Transition Area). The purpose of this rezoning is to develop the site for single-family homes. DISTRICT 3 - ROSE HALL Michael D. Sifen, Inc. Application: Change of ZoniM District Classification from B-2 Community Business and R-l0'Residential to Conditional B-iA Limited Community Business at 251, 263 and 267 North Lynnhaven Road. The Com- prehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately iocated suburban residential and non-residen- tial uses consistent with the policies of the Comprehensive Plan. The purpose of this zoning change is to develop a strip retail center. (GPINs1497356414; -4693; -4783). DISTRICT 6 - BEACH Richard C. & Kimberly C. McCullough, Jr. Application: Discontinuance, closure and abandonment of the eastern 7.5 feet of a 15 foot alley adjacent to 813 Vanderbilt Avenue, Lot 17, Block 13, Croatan Beach. All interested citizens are invited to attend. .//') ~/. , (~~ / Ruth Hodges Fraser, MMC City Clerk Copies of the piOposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at httD:/ /www.vbgov.com/pc For information call38~621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. ~ ~ """" '0 o () m ~ Street Closure CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: In the matter of closing, vacating and discontinuing a portion of that unimproved alley shown as the hatched area on that certain plat entitled "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 17, BLOCK 13 CROATAN BEACH M.B. 24, P. 37 TO BE CLOSED VIRGINIA BEACH, VIRGINIA". DISTRICT 6 - BEACH MEETING DATE: February 27,2007 . Background: The applicant, Richard C. McCullough and Kimberly C. McCullough, request the closure of a portion of the unimproved alley that exists behind single family dwellings in the Croatan neighborhood, specifically adjacent to the applicant's property at 813 Vanderbilt Avenue. Many similar requests have been reviewed and approved by City Council for alleys within the vicinity. . Considerations: Evaluation of this request, as in any street closure application, is primarily based on current and future need for the right-of-wa~ for vehicular, pedestrian, or public infrastructure purposes. The portion of the alley proposed for closure is part of an unimproved alley that runs north to south along the enUre block. The Viewers Committee recommends approval of this request, as it was determined that there will be no public inconvenience from the closure and abandonment of this right- of-way. All funds generated from closures within the Croatan neighborhood are directed to a Croatan Beach Access account. The collected funds are to be used by the City to purchase additional public accesses to the beach in the Croatan area. The Planning Commission placed this item on the consent agenda because the Viewers recommended closure and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. Richard C. & Kimberly C. McCullough Page 2 of 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. The approval is for the eastern half of the 15-foot wide alley, being seven (7) feet, six (6) inches wide by fifty (50) feet long, adjoining the rear of Lot 17, Block 13, Croatan Beach. . Attachments: Staff Review Location Map Disclosure Statement Planning Commission Minutes Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen~ City Manager: ~ b{Y'L RICHARD C. & KIMBERLY C. MCCULLOUGH Agenda Item 7 January 10, 2007 Public Hearing Staff Planner: Karen Prochilo ~ \ n 9, ~ REQUEST: Discontinuance, closure and abandonment of the eastern 7.5 feet of a 15 foot alley adjacent to 813 Vanderbilt Avenue, Lot 17, Block 13, Croatan Beach. ADDRESS I DESCRIPTION: Property located at eastern 7.5 feet of an unimproved, unnamed alley adjacent to the rear property line of 813 Vanderbilt Avenue. COUNCIL ELECTION DISTRICT: 6-BEACH SITE SIZE: 3,7500 square feet SUMMARY OF REQUEST The applicant requests to the closure of this unimproved alley for the purpose of extending the rear 50 feet of their property line to the east by 7.5 feet, incorporating that property into their existing single-family parcel. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The portion of the alley proposed for closure is part of an undeveloped alleyway that runs north to south along the entire block between South Maryland Avenue and Lockheed Avenue. SURROUNDING LAND USE AND ZONING: North: South: East: West: . Single-family dwelling I R-10 Residential District . Single-family dwelling I R-10 Residential District . Across Vanderbilt Avenue, Single-family dwelling I R-10 Residential District . Across unimproved alley, Single-family dwelling I R-10 Residential District RICHARD C. & KIMBERLY C. MCCULLOUGH Agenda Item 7 Page 1 NATURAL RESOURCE AND CULTURAL FEATURES: The site does not have any significant historical, cultural or environmental features. AICUZ: The site is in an AICUZ of 65 - 70 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES PUBLIC WORKS: A private drainage easement should be retained for Block 13, Lots 1 through 20 of Croatan Beach Subdivision. WATER & SEWER: There are no City water and sewer facilities within the existing right-of-way. PRIVATE UTILITIES: Preliminary comments from private utility companies indicate that there are no private utilities within the area proposed for closure. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Evaluation: Evaluation of this request, as in any street closure application, is primarily based on current and future need for the right-of-way for vehicular, pedestrian, or public infrastructure purposes. The portion of the alley proposed for closure is part of an undeveloped alleyway that runs north to south along the entire block. The street closure Viewers Committee recommends approval of this request, as it was determined that there will be no public inconvenience form the closure and abandonment of this right-of-way, subject to the conditions listed below. City Council has adopted a policy aimed at disposing of rights-of-way to adjoining property owners in the Croatan community. Funds generated from the closure are deposited into an account dedicated to the purchase of beach access in the Croatan Beach area. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. RICHARD C. & KIMBERLY C. MCCULLOUGH Agenda I tern 7 Page 2 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. The approval is for the eastern half of the 15-foot wide alley, being seven (7) feet, six (6) inches by fifty (50) feet, adjoining the rear of Lot 17, Block 13, Croatan Beach. 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. RICHARD C. & KIMBERLY C. MCCULLOUGH Agenda Item 7 Pa~e 3 AERIAL OF SITE LOCATION RICHARD C. & KIMBERLY C. MCCULLOUGH Agenda .ltel1l 7 Page 4 ,.. 01) Ii CO . IN as :E ~ 11. I~ I~ ,.. 01) Ii .....v IN ai :::E ,.. .., Ii CD .... "" iD :E >- ~ ~o: <~8 ~ui ~~i 3~8 0-5" I ~~~ r-O t- ts I ........ 1'00 ~; Z'" CO 0:2 0_ og ::10 (lIo i" iQz ~o I - ,... co CD S 8 CD~ -~ ~ % ;. W 1.Il a: a; m ..aQo ~!;i d D:~~ ~>a: ;;~~ SCOB. ~~ )-~ IJJ . ::JO- <..,. " 'inai -:i 11') .., ~~ I ,.. 01) t ~ ~ ::z:: ii: <:> ~ ~ ~ :z: g b 4) - ~ l ,.. .., tOa -.... IN iii :E ir;; Ii ~ ~~ i I SURVEY OF AREA TO BE Cl.OSED RICHARD C. & KIMBERLY C. MCCULLOUGH Agenda I tern 7 Page 5 ~ \ n o (l l"T'I ~ Street Closure 1 2 3 1 0/24/04 09/23/03 08/13/91 Street Closure Street Closure Street Closure Granted Granted Granted ZONING HISTORY RICHARD C. & KIMBERLY C. MCCULLOUGH Agenda Item 7 Page 6 NOLLVJNddVtIlIilS0131tlKHJS !_~ .. 'Oi c a._! ool: c: ii= c: :!! .r::.t!- <=1\:8 .s ~ C <= · C .'0 'ice: j8- -. l.Q~rlf~ts ~: _c IK! l!l8.~ "=:!!.~ii. - ~~ t~E ~...-'io-El ~o 0'" ...~es'ii'~,Q. ~ 1=" -fi~ =<:'l!!I;;;.~.!!"i'Si jS~ .s:sc> !!lcS = -.-s .,! :S i I ._.r::... 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C ;Q e 8. 8 '" ~c ~,g .;!l,~ _t: t: '" "'''' go ~~ ~ ,2 ;:'0 -c. ~-8 ~.~ .Je.= gii GS >< DISCLOSURE STATEMENT RICHARD C. & KIMBERLY C. MCCULLOUGH Agenda Item 7 page 7 Item #7 Richard C. & Kimberly C. McCullough, Jr. Discontinuance, closure and abandonment of the eastern 7.5 feet ofa 15-foot alley adjacent to 813 Vanderbilt Avenue, Lot 17, Block 13, Croatan Beach District 6 Beach January 10, 2007 CONSENT Barry Knight: The next portion of our meeting will be the consent items. The Vice Chair will handle this portion of the agenda. Ms. Anderson? Janice Anderson: Thank you. Today, we have items on the consent agenda. The first item is agenda item #7. That is the application of Richard and Kimberly McCullough, Jr. This is for a discontinuance, closure and abandonment of a 15-foot alley off of Vanderbilt Avenue, Croatan Beach, in the Beach District. Mr. Bourdon? Eddie Bourdon: Thank you Ms. Anderson, for the record, Eddie Bourdon, a Virginia Beach attorney representing the applicant. Don, welcome back. Dave, welcome. Bob, you can't be replaced. Thank you for putting us on the consent agenda. We appreciate it. The conditions are acceptable. Janice Anderson: Thank you Mr. Bourdon. Is there any objection to this application be placed on the consent agenda? The Chairman has asked Jay Bernas to review this application for us. Jay Bernas: This is an application for a street closure in the Beach District in the Croatan neighborhood. The property is located at 813 V anderbilt Avenue. The purpose is to extend the rear 50 feet of their property line by 7 ~ feet. City Council has adopted a policy aimed at disposing of right-of-ways to adjoining property owners in the Croatan community. We have similarly approved other requests in the recent past. So, the Commission felt like this should be placed on the consent agenda for approval. Janice Anderson: Thank you Mr. Bernas. Mr. Chairman, I have a motion for the approval of agenda item #7 with five conditions. Barry Knight: Thanks. There is a motion to approve. Do I have a second? Okay. Is there any discussion? There is a motion to approve consent agenda item #7 by Jan Anderson and seconded by Kathy Katsias. I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE Item #7 Richard C. & Kimberly C. McCullough, Jr. Page 2 BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved item #7 for consent. 1 IN THE MATTER OF CLOSING, VACATING AND 2 DISCONTINUING A PORTION OF THAT CERTAIN 3 UNIMPROVED ALLEY SHOWN AS THE HATCHED 4 AREA ON THAT CERTAIN PLAT ENTITLED 5 "PLAT SHOWING PORTION OF 15' ALLEY 6 ADJACENT TO LOT 1 7 r BLOCK 13 CROATAN 7 BEACH M.B. 24, P. 37 TO BE CLOSED 8 VIRGINIA BEACH, VIRGINIA" 9 WHEREAS, RICHARD C. McCULLOUGH, AND KIMBERLY C. 10 McCULLOUGH applied to the Council of the City of Virginia Beach, 11 Virginia, to have the hereinafter described street discontinued, 12 closedr and vacated; and 13 WHEREAS, it is the judgment of the Council that said 14 street be discontinued, closedr and vacated, subject to certain 15 condi tions having been met on or before one (1) year from City 16 Councilrs adoption of this Ordinance; 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the 18 City of Virginia Beach, Virginia: 19 SECTION I 20 21 22 23 That the closed and vacated, or before one (1) ordinance: hereinafter described street be discontinued, subj ect to certain conditions being met on year from City Council's adoption of this 24 All that certain piece or parcel of land 25 situate, lying and being in the City of 26 Virginia Beach, Virginia, designated as that 27 hatched area and described as "PORTION OF 28 ALLEY TO BE CLOSED (375 SQ. FT. /0.009 29 ACRES)" on that certain plat entitled: 30 "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT 31 TO LOT 17, BLOCK 13 CROATAN BEACH M.B. 24 P. 32 37 TO BE CLOSED VIRGINIA BEACH, VIRGINIA" 33 Scale: 1" 20', dated October 11, 2006, 34 prepared by Gallup Surveyors & Engineersr 35 Ltd., a copy of which is attached hereto as 36 Exhibit A. 37 38 39 GPIN: 2426-37-6735 1 40 SECTION II 41 The following conditions must be met on or before one 42 (1) year from City Council's adoption of this ordinance: 43 1. The City Attorney's Office will make the final 44 determination regarding ownership of the underlying fee. The 45 purchase price to be paid to the City shall be determined 46 according to the "Policy Regarding Purchase of City's Interest 47 in Streets Pursuant to Street Closures," approved by City 48 Council. Copies of said policy are available in the Planning 49 Department. 50 2. The applicant shall resubdi vide the property and 51 vacate internal lot lines to incorporate the closed area into 52 the adjoining parcels. The resubdivision plat shall be 53 submi tted and approved for recordation prior to final street 54 closure approval. 55 3. The applicant shall verify that no private 56 utilities exist within the right-of-way proposed for closure. 57 Preliminary comments from the utility companies indicate that 58 there are no private utilities within the right-of-way proposed 59 for closure. If private utilities do exist, the applicant shall 60 provide easements satisfactory to the utility companies. 61 4. Closure of the right-of-way shall be contingent 62 upon compliance with the above stated conditions within one (1) 63 year of approval by City Council. If all conditions noted above 64 are not in compliance and the final plat is not approved within 65 one (1) year of the City Council vote to close the street, this 66 approval will be considered null and void. 67 5. The approval is for the eastern half of the 15- 68 foot wide alley, being seven (7) feet, six (6) inches wide by 69 fifty (50) feet long, adj oining the rear of Lot 17, Block 13, 70 Croatan Beach. 71 SECTION III 72 1. If the preceding conditions are not fulfilled on 73 or before February 26, 2008, this Ordinance will be deemed null 74 and void without further action by the City Council. 75 2. If all conditions are met on or before February 76 26, 2008, the date of final closure is the date the street 77 closure ordinance is recorded by the City Attorney. 78 3. In the event the City of Virginia Beach has any 79 interest in the underlying fee, the City Manager or his designee 80 is authorized to execute whatever documents, if any, that may be 81 requested to convey such interest, provided said documents are 82 approved by the City Attorney's Office. 2 83 SECTION IV 84 A certified copy of this Ordinance shall be filed in 85 the Clerk's Office of the Circuit Court of the City of Virginia 86 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA 87 BEACH as "Grantor" and RICHARD C. McCULLOUGH and KIMBERLY C. 88 McCULLOUGH as "Grantee." 89 Adopted by the Council of the City of Virginia Beachr 90 Virginiar on this day of , 2007. CA10157 v :lapplications\citylawprodlcycom32\ WpdocslD0301POO 1\00027329.DOC R-l February 7, 2007 APPROVED AS TO LEGAL SUFFICIENCY: Vvf ({ C1 a U/h1./-tou1 City Attorrl'ey 3 ~ '" 0: 0Cl ~ ai ,; :I: U ~, ~ ~ m'" '" 0: 0: Z.. ..... <(N .. ~a! 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""+~l c::w: "',/i%, ~ 0( o z 0( ~ '" 0( '" ~ b on ~ '- c:: b (() ......... . on 0_ 0.. o~ .,.. o VI Wt:; ::>0: Z W" >~ <(~ '" t- ...I ffi c:: W o Z <( > :;: 0: o .. .. ai ,,: :~ ~~ b~ co ~ ~ ~ J '" ;;. (; ITEM: An Ordinance amending Sections 111, 601, 801, and.901 and adding Section 241.1 establishing definitions of Single Room Occupancy Facility and Single Room Occupancy Unit and establishing specific standards and applicable districts for a Single Room Occupancy Facility. MEETING DATE: February 27, 2007 . Background: The City's Comprehensive Plan addresses the various needs of citizens in regard to housing through a series of Goals and Policies that provide recommendations for maintaining existing housing stock, improving housing that is in a state of decline, and providing housing for those in the community who cannot afford housing for one reason or another. In particular, Policy H-1-19 suggests that the City Revise or create new policies, ordinances and guidelines to facilitate development of affordable housing that is well-designed and constructed, available throu'ghout the city, and that accommodates citizens with special needs, (p. 247, Policy Document, Comprehensive Plan). The attached amendment to the City Zoning Ordinance proposes to implement this policy for a segment of the city's population by providing for a new housing type in the city - Single Room Occupancy (SRO) Facilities. These facilities will offer living units for individuals in need of housing, focusing, in particular, on the city's homeless population. . Considerations: The proposed amendment establishes definitions for a SRO Facility and for a SRO Unit. An SRO Unit is A living space with a minimum floor area of 150 square feet and a maximum floor area of 450 square feet restricted to occupancy by one (1) person identified by the Department of Human Services as having limited permanent housing alternatives and occupying the unit as a primary residence and not as transient or overnight housing or lodging. The amendment also establishes that such a facility is allowed by conditional use permit in the Apartment zoning districts, in the Office districts, and in the B-4 Business districts. Further, the amendment establishes standards for SRO Facilities, noting that the parking space ratio is one (1) space per unit, but that the City Council can modify that requirement. Also, rather than the unit density City of Virginia Beach - Single Room Occupancy (SRO) Facility Page 2 of 2 being established by any density regulation of the zoning district where the facility is located, the unit density of the facility is to be determined by the City Council as part of the Use Permit. Finally, the ordinance requires that an on-site manager who lives in a dwelling on the site be present. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request. . Attachments: Staff Review Ordinance Planning Commission Minutes Recommended Action: Staff recommends approval. PlaAjJnni.ng Commission recommends approval. Submitting DepamnentlAgency: Planning Department . City Manage~ \z . Qs ~ .. CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE - SINGLE ROOM OCCUPANCY (SRO) FACILITY Agenda Item 14 January 10, 2007 Public Hearing REQUEST: An Ordinance amending Sections 111,601,801,901, and 1521 and adding Section 241.1 establishing definitions of Single Room Occupancy Facility and Single Room Occupancy Unit and establishing specific standards and applicable districts for a Single Room Occupancy Facility. SUMMARY OF AMENDMENT The City's Comprehensive Plan addresses the various needs of citizens in regard to housing through a series of Goals and Policies that provide recommendations for maintaining existing housing stock, improving housing that is in a state of decline, and providing housing for those in the community who cannot afford housing for one reason or another. In particular, Policy H-1-19 suggests that the City Revise or create new policies, ordinances and guidelines to facilitate development of affordable housing that is well-designed and constructed, available throughout the city, and that accommodates citizens with special needs, (p. 247, Policy Document, Comprehensive Plan). The attached amendment to the City Zoning Ordinance proposes to implement this policy for a segment of the city's population by providing for a new housing type in the city - Single Room Occupancy (SRO) Facilities. These facilities will offer living units for individuals in need of housing, focusing, in particular, on the city's homeless population. The amendment establishes definitions for a SRO Facility and for a SRO Unit. An SRO Unit is A living space with a minimum floor area of 150 square feet and a maximum floor area of 450 square feet restricted to occupancy by one (1) person identified by the Department of Human Services as having limited permanent housing alternatives and occupying the unit as a primary residence and not as transient or overnight housing or lodging. The amendment also establishes that such a facility is allowed by conditional use permit in the Apartment zoning districts, in the Office districts, and in the B-4 Business districts. Further, the amendment establishes standards for SRO Facilities, noting that the parking space ratio is one (1) space per unit, but that the City Council can modify that requirement. Also, rather than the unit density being established by any density regulation of the zoning district where the facility is located, the unit density of the facility is to be determined by the City Council as part of the Use Permit. Finally, the ordinance requires that an on- site manager who lives in a dwelling on the site be present. RECOMMENDA liON Staff recommends approval of the amendment, as it provides the opportunity for a type of development that will offer housing to a segment of the city's population that has had difficulty finding affordable living units. CITY OF VIRGINIA BE ~~endalt [f,-.~~~t/;~; :~~~~ F}:~; ~ '\ ". '-', /;:;';~ '">>; "('~'1' :::.\~ ) f-'<' ~ ~. '.......... -'w"" .<< ", 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE AMENDING SECTIONS 111, 601, 801 AND 901 AND ADDING SECTION 241.1 OF THE CITY ZONING ORDINANCE, ESTABLISHING DEFINITIONS OF SINGLE ROOM OCCUPANCY FACILITY AND SINGLE ROOM OCCUPANCY UNIT, ESTABLISHING SINGLE ROOM OCCUPANCY FACILITIES AS A CONDITIONAL USE IN ALL APARTMENT AND OFFICE DISTRICTS AND IN THE B-4, B-4C AND B-4K BUSINESS DISTRICTS, AND ESTABLISHING SPECIFIC STANDARDS FOR SUCH USE 13 14 Sections Amended: Ci ty Zoning Ordinance ~~ 111, 601, 801 and 901 15 16 Section Added: City Zoning Ordinance ~ 241.1 17 WHEREAS, the public necessitYr convenience, general 18 welfare and good zoning practice so require; 19 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA: 21 That the City Zoning Ordinance (City Code Appendix A) 22 is hereby amended and reordained by the amendment of 23 Sections 111, 601, 801, and 901 and the addition of Section 24 241.1, to read as follows: 25 ARTICLE 1. GENERAL PROVISIONS 26 27 Sec. 111. Definitions. 28 29 Single room occupancy facili ty. A building or 30 buildings containing multiple single room occupancy units. 30 Single room occupancy unit. A living space with a minimum 31 floor area of 150 square feet and a maximum floor area of 450 32 square feet restricted to occupancy by one (1) person identified 33 by the Department of Human Services as having limited permanent 34 housing alternatives and occupying the unit as a primary 35 residence and not as transient or overnight housing or lodging, 36 37 COMMENT 38 39 40 41 42 43 The amendments to this section establish definitions of "Single Room Occupancy Facility" and "Single Room Occupancy Unit." ARTICLE 2. GENERAL REQUIREMENTS AND APPLICABLE TO ALL DISTRICTS PROCEDURES 44 C. CONDITIONAL USES AND STRUCTURES 45 '46 Sec. 241.1. Single Room Occupancy Facility 47 (a) In determining whether to grant a conditional use 48 permit for a single room occupancy facility, the city council 49 shall consider, in addition to the compatibility of the proposed 50 facility with nearby residential and commercial areas and other 51 general criteria: 52 53 (1) The proximity of the proposed facility to mass transit lines and retail, to medical, 2 63 the following standards: 64 65 66 67 68 54 55 56 57 58 59 60 61 62 69 70 71 72 73 74 75 76 recreational and other uses necessary to support the residents of the facility; (2) including open The proposed layout of the site, space and landscaping; The architectural design of facility; and (4) The management plan required by subsection (b) (3) the proposed below. (b) Single room occupancy facilities shall be subject to (1 ) Density. The maximum number of single room occupancy units in the facility shall be established by the city council in the conditional use permit, irrespective of the maximum dwelling unit density permitted in the zoning district In which the facility is located_ (2 ) Parking. There shall be one (1) parking space for each single room occupancy unit, provided that the city council may allow a lesser number if it finds that special conditions warrant such a reduction. (3 ) Facility Management. A single room occupancy facility shall provide on-site management, 3 77 including a manager who shall reside 1n a unit 78 within the facility. A management plan for the 79 facili ty shall be provided as part of the 80 conditional use permit application. Such plan 81 shall address the management and operation of the 82 facility I rental procedures I safety and security 83 of residents and building maintenance. 84 (4 ) Full or partial kitchen and bathroom facilities 85 may be included in each uni t or may be shared 86 among units, 87 COMMENT 88 The amendments to this section establish: (1) the criteria to be considered by the City 89 Council in deciding whether to grant a conditional use permit for a single room occupancy facility; 90 and (2) specific standards for such facilities. 91 Sec. 601. Use regulations [Apartment Districts] . 92 (a) Principal and conditional uses. The following chart 93 lists those uses permitted within the A-12 through A-36 94 Apartment Districts. Those uses and structures in the respective 95 apartment districts shall be permitted as either principal uses 96 indicated by a "P" or as conditional uses indicated by a "e." 97 Uses and structures indicated by an "X" shall be prohibited in 98 the respective districts. No uses or structures other than as 99 specified shall be permitted. 4 100 101 102 103 104 105 106 107 108 109 110 111 112 Uses Apartment Districts A-12 A-1B A-24 A-36 Single room occupancy facility C C C C COMMENT The amendments establish single room occupancy facilities as a conditional use in all Apartment Districts. Sec. 801. Use regulations [Office Districts] . (a) Principal and conditional uses. The following chart 113 lists those uses permitted within the 0-1 and 0-2 Office 114 Districts. Those uses and structures in the respective Off ice 115 Districts shall be permitted as either principal uses indicated 116 by a "P" or as conditional uses indicated by a "C." Uses and 117 structures indicated by an "X" shall be prohibited in the 118 respective districts. No uses or structures other than as 119 specified shall be permitted. 120 121 122 123 124 125 126 Uses Office Districts 0-1 0-2 Single Room Occupancy Facility C C 5 127 128 COMMENT 129 130 The amendments establish single room occupancy facilities as a conditional use in both the 131 0-1 and 0-2 Office Districts. 132 Sec. 901. Use regulations. 133 ( a) Principal and conditional uses. The following chart 134 lists those uses permitted within the B-1 through B-4K Business 135 Districts. Those uses and structures in the respective business 136 districts shall be permitted as either principal uses indicated 137 by a "P" or as conditional uses indicated by a "C." Uses and 138 structures indicated by an "X" shall be prohibited J.n the 139 respective districts. No uses or structures other than as 140 specified shall be permitted. 141 Uses Business Districts 142 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K 143 144 145 146 147 148 149 150 151 152 153 154 155 Single Room Occupancy Facility x x x x x c c c COMMENT The amendments establish single room occupancy facilities as a conditional use in the 8-4, B-4C and B-4K Business Districts. 6 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2007, Approved as to Content: Approved as Sufficiency: to Legal * ("~.~1 Planni~Department ~~tJlb Ci ttorney's ice ~ CA10237 v:\applications\citylawprod\cycom32\WpdocS\D021\P002\OO025309.DOC R-6 January 3,2007 7 Item #14 City of Virginia Beach An Ordinance amending Sections 111,601,801,901 and 1521 And adding Section 242.1 establishing definitions of Single Room Occupancy Facility and Single Room Occupancy Unit and establishing Specific standards and applicable districts for a Single Room Occupancy Facility January 10,2007 REGULAR Barry Knight: Our next item Mr. Secretary. Joseph Strange: The next item is item 14, the City of Virginia Beach. An Ordinance amending Sections 111, 601, 801, 901 and 1521 and adding Section 241.1 establishing definitions of Single Room Occupancy Facility and Single Room Occupancy Unit and establishing specific standards and applicable districts for a Single Room Occupancy Facility. Barry Knight: Thank you. Dr. White, would you corne forward please? I assume Dr. White you're going to explain this to us? Stephen White: Yes sir. Barry Knight: Thank you and welcome Stephen. Stephen White: Mr. Chairman and members of the Chairman, Ed Weeden: For the record, state your name please? Stephen White: Stephen White. Barry Knight: Ed, he is your boss, Stephen White: Ed is always consistent if anything else. Your Comprehensive Plan that you adopted in 2003, one of the issues that was addressed in there was housing. One of the goals that was established was for us to revise or create new policies, ordinances and guidelines to facilitate the development of affordable housing in the City. The amendment that you are considering today does that through the establishment of a category that is not the Zoning Ordinance at the moment, and that category is Single Room Occupancy Facilities. A facility contains Single Room Occupancy Units. Those units will be a living space with a minimum floor area of 150 square feet to a maximum of up to 450 square feet, and that is restricted to occupancy by one person, thus "single room occupancy", and that person must be identified by the Department of Human Services as having limited permanent housing alternatives. Further, the person must be Item #14 City of Virginia Beach Page 2 occupying the unit as a primary residence and not as transitory housing or lodging. The idea here is that this is not a hotel. This is the individual's permanent residence until they have a time or an ability to move on to something more permanent. This category would be a Conditional Use Permit, and it would be in the Apartment districts, Office districts, and the B-4 zones, and the density would be set by the Planning Commission and City Council. The parking ratio is suggested as being one space per unit but there again, just like with our senior housing facilities, the Planning Commission and City Council would set that as well, And, with that, if there are any questions, I'll be glad to answer them. Barry Knight: Are there any questions? Stephen White: Thank you, Barry Knight: Stephen? Donald Horsley: Why is it one person per unit? Because you hear of couples who are in distress and have to sleep in the cars, and try to work jobs and things like this. Why is it just for one person? Stephen White: From what I understand, the next application you're going to hear can probably explain it better. But the need for the housing type is for individuals who are homeless and single. That is where they are having an issue for housing needs. That seems to be where the demand is. If the Commission felt that these rooms could hold two people, you can certainly amend the ordinance to go in that direction. Barry Knight: Ms. Wood has a question. Dorothy Wood: I think that perhaps if it could be like a single parent and a child. I know many of the single people do have young children, and I would like to see that added. Stephen White: Yes, we can certainly do that. Barry Knight: Mr. Crabtree? Eugene Crabtree: My feeling is that as far as single is concern, as long as it is not a cohabitation thing, I would not be against more than one person. I would be against some guy moving in there and bringing his girlfriend in there with him or whatever or bringing his date off the street in there with him. Stephen White: Totally understood. I think the ordinance takes care of that. Eugene Crabtree: I would not be in favor of cohabitation. Stephen White: I think the ordinance takes care of that concern because it requires on- Item #14 City of Virginia Beach Page 3 site management. There will be someone checking into the backgrounds and such to make sure. Barry Knight: Thank you. Are there any other questions? David Redmond: Dr. Chairman? Barry Knight: Mr. Redmond? David Redmond: Mr. White. Is there any consideration, and I don't see it.in the ordinance and maybe I missed it, was there any consideration in getting to how applicants and other residents would be screened for such things as criminal background or sexual predation or any other sort? You know where I'm going. Stephen White: Yes. That would be handled in the management plan that is submitted. For example, for your next application, we have a management plan that describes how they're going to do that, and in each case, it is probably going to be different. The ordinance specifies that these individuals have to be identified by the Department of Human Services, and they're going to do those kinds of background checks, but that is probably left to your next application. They can explain how they're going to do that. David Redmond: I was less concerned about the next application then I was about any sort of facility. Stephen White: Each application is going to be different when they come forward with a Conditional Use Permit. The process that they're going to use to do that screening is going to be different for each group that comes to propose one of these facilities. So, what we're going to need with the Conditional Use Permit in each case is a management plan that describes how that is going to be done, which our applicant in the next application has provided to us. They can explain, in this case, how they are going to do that. So, in each case, in each application that is going to be a different process or it could be the same. They could all use the same process. But that is what the management plan that is submitted with the Use Permit is going to get into. Mr. Friedman is hanging over here in the wings; so, he must an answer to one of your questions. Barry Knight: Mr. Friedman. Welcome Andy. '-- Andy Friedman: Good afternoon. Andy Friedman, Director of Housing. Just wanted to say a comment about the use of the facility. We would support the passage of the ordinance as written. It is really designed and tailored for a specific type of housing that serves single individuals, The way we have it set up is exactly the way it needs to be set up in order to meet all the funding requirements and all of the operational things that the applicants would have to meet. There certainly is a need for other types of housing for couples, parents with children, and so forth. I don't think we need special ordinances for Item #14 City of Virginia Beach Page 4 those. In fact, some of those do exist, and we continue to try to fund and create those. So for simplicity sake and timeliness sake, and for clarity, as far as what we are actually creating here, we would strongly urge the adoption as written with your understanding that our department is consistently working to create those other housing alternatives. But this particular ordinance of this type of facility is a very unique one, and I think the ordinance is written the way it needs to be. Barry Knight: Thank you. Are there any questions for Mr. Friedman? Thank you Andy. Andy Friedman: Thank you. Barry Knight: Is there any other discussion? The Chair will entertain a motion, Ms. Katsias? Kathy Katsias: I move that we accept this amendment as written. Donald Horsley: I'll second it. Barry Knight: There is a motion on the floor to approve agenda item 14, ordinance for the City of Virginia Beach. The motion was made by Kathy Katsias and seconded by Don Horsley. I'll call for the question. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved agenda item 14, establishing definitions for Single Room Occupancy Facility and Single Room Occupancy Units. Barry Knight: Thank you. '-- B-2 ooc . Zoning change from B-2 to A-12 CUP Single Room Occupancy Facility if~ #;;... ."'J~ ~1;~ :') '<':.~_.. . "/) -... -~ ~~~ ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) Application of Virginia Supportive Housing for a Change of Zoning from B-2 Community Business Disbict to A-12 Aparbnent Disbict at 964 S. Military Highway. The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the zoning change is to develop the site for a Single Room Occupancy Facility. (GPIN 1456133354). DISTRICT 1- CENTERVILLE b) Application of Virginia Supportive Housing for a Conditional Use Permit for a Single Room Occupancy Facility at 964 S. Military Highway. (GPIN 1456133354). DISTRICT 1 - CENTERVILLE MEETING DATE: February 27, 2007 . Background: Virginia Supportive Housing (VSH) is a 501 (c) 3 non-profit organization that provides housing opportunities to those in Virginia in need, particularly homeless single adults. A regional task force is currently working with VSH to bring housing with comprehensive services for homeless single adults to Virginia Beach. VSH has a purchase contract on the subject parcel for redevelopment of the building and the site as a Single Room Occupancy (SRO) Facility. VSH views this site as ideal for a SRO, as it has access to public transportation and good proximity to shopping and other necessary services. A separate but related proposed amendment to the City Zoning Ordinance establishes a definition for a SRO Facility, the zoning districts where a SRO is allowed with a Use Permit, and the specific standards for such a facility. . Considerations: The applicant proposes to rezone the existing B-2 zoned property for the purpose of totally renovating the existing building (existing Bingo Hall) for use as a Single Room Occupancy Facility. The building will have 60 SRO Units, laundry facilities, a front desk, a community room with kitchen, and staff offices. Each SRO Unit will have a bed, dresser, table, chair, kitchenette, full refrigerator, and a full bathroom. Unit size will range between 300 and 400 square feet. The facility will have a full-time property manager and social worker (case manager) on-site to ensure that residents are able to live independently. As described in the Management Plan (at the end of this report), an extensive screening process will be undertaken, which includes background checks for all perspective residents. There will be staff at the front desk 16 hours a day, seven days a week, and a Virginia Supportive Housing Page 2 of 3 night manager will reside on the property. Property maintenance staff will also be on-site. The building will be extensively rehabilitated such that the exterior appearance will be that of a two-story multi-family residential building. The submitted rendering and elevations depict an exterior of brick veneer, with siding on some portions of the second floor, and a hipped roof covered with fiberglass/asphalt shingles. The site will be improved to meet City standards, providing 64 parking spaces (61 spaces are required), sidewalks, and vegetated open spaces. Vehicular access to the site is depicted on the site plan from S. Military Highway at the same location as the existing access. An emergency access to Providence Road is shown at the rear of the site in the same location as the existing. The proposed use responds to an identified housing need in the city. According to estimates from the Department of Housing and Neighborhood Preservation, there are more than 380 homeless single adults in Virginia Beach on any given night. As noted at the beginning of this staff report, a regional task force on homelessness in South Hampton Roads has been meeting to develop supportive housing options for this segment of the population. The applicant is working with the task force to bring housing with comprehensive services for homeless single adults to the City of Virginia Beach. The subject site has been selected as an opportunity to meet this need. The use is consistent with Comprehensive Plan recommendations,. Staff, therefore, recommends approval. The Planning Commission placed these items on the consent agenda because the renovation of the existing building and the proposed use fills a gap in the city's housing supply, the project provides a desired redevelopment of a site in a distressed corridor of the city, and there was no opposition. . Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve the requests with the following conditions: 1. The site shall be redeveloped as substantially shown on the submitted site plan drawing, titled "Preliminary Site and Building Footprint," by Kroskin Design Group, and Dated November 27, 2006. 2, The exterior of the building shall be renovated as substantially shown on the submitted elevation drawings, titled "Preliminary Building Elevations," by Kroskin Design Group, and dated November 27,2006. 3. The provisions of the submitted Management Plan shall be adhered to. Individuals with a prior conviction for the following crimes shall not be eligible for residency: aggravated assault, armed robbery, arson, kidnapping, felony homicide, felony child abuse or neglect, or any felony sexual offense. Applicants may also be denied residency for other offenses identified in the criminal background check. Certain individuals denied residency under this Virginia Supportive Housing Page 3 of 3 provision may be reconsidered by the Cloverleaf Apartments Advisory Committee and may be permitted residency due to extenuating or exceptional circumstances. 4 No resident shall have overnight guests. 5. At least 64 on-site parking spaces shall be provided. 6. The unit density shall not exceed 21 units per acre. . 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: ~ l- .~lI'"'\. VIRGINIA SUPPORTIVE HOUSING Agenda Items 19 and 20 February 14, 2007 Public Hearing Staff Planner: Stephen J. White REQUESTS: 19) Chanae of Zonina District Classification from B-2 Community Business District to A-12 Apartment District. 20) Conditional Use Permit for Single Room Occupancy (SRO) Facility ADDRESS I DESCRIPTION: 964 S. Military Highway GPIN: 1456133354 COUNCIL ELECTION DISTRICT: 1 - CENTERVILLE SITE SIZE: 2.97 acres APPLICATION HISTORY: The Planning Commission deferred these items at the January 10, 2007 public hearing to allow the applicant time to provide requested information to the commission members. SUMMARY OF REQUEST Virginia Supportive Housing (VSH) is a 501 (c) 3 non-profit organization that provides housing opportunities to those in Virginia in need, particularly homeless single adults. A regional task force is currently working with VSH to bring housing with comprehensive services for homeless single adults to Virginia Beach. VSH has a purchase contract on the subject parcel for redevelopment of the building and the site as a Single Room Occupancy (SRO) Facility. VSH views this site as ideal for a SRO, as it has access to public transportation and good proximity to shopping and other necessary services. A proposed amendment to the City Zoning Ordinance establishes a definition for a SRO Facility, the zoning districts where a SRO is allowed with a Use Permit, and the specific standards for such a facility. Under that amendment, a living unit within a SRO Facility has "a minimum floor area of 150 square feet and a maximum floor area of 450 square feet [and is] restricted to no more than one (1) person who occupies the unit as his or her primary residence. Kitchen or bathroom facilities may be wholly or partially included in each living space or may be fully shared." The applicant proposes to rezone the existing B-2 zoned property for the purpose of totally renovating the existing building (existing Bingo Hall) for use as a Single Room Occupancy Facility. The building will have '''.../ .' ~\ ' :.::: --'_.c ~ ~. ."..'. ,"~- . < <:,-,: .': ,.;. -"'.:~L':_;;, "'/,'...,., VIRGINIA SUPPORrtvE HOUS!ING Agend~,ltems1920 1 60 SRO Units, laundry facilities, a front desk, a community room with kitchen, and staff offices. Each SRO Unit will have a bed, dresser, table, chair, kitchenette, full refrigerator, and a full bathroom. Unit size will range between 300 and 400 square feet. The facility will have a full-time property manager and social worker (case manager) on-site to ensure that residents are able to live independently. As described in the Management Plan (at the end of this report), an extensive screening process will be undertaken, which includes background checks for all perspective residents. There will be staff at the front desk 16 hours a day, seven days a week, and a night manager will reside on the property. Property maintenance staff will also be on-site. As noted above, the existing building and site will be redeveloped. The building will be extensively rehabilitated such that the exterior appearance will be that of a two-story multi-family residential building. The submitted rendering and elevations depict an exterior of brick veneer, with siding on some portions of the second floor, and a hipped roof covered with fiberglass/asphalt shingles. The site will be improved to meet City standards, providing 64 parking spaces (61 spaces are required), sidewalks, and vegetated open spaces. Vehicular access to the site is depicted on the site plan from S. Military Highway at the same location as the existing access. An emergency access to Providence Road is shown at the rear of the site in the same location as the existing. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Bingo Hall within a building that formerly contained a skating rink. SURROUNDING LAND USE AND ZONING: North: . Recently approved Use Permit for motor vehicle sales and service and bulk storage / B-2 Community Business District . Retail sales / B-2 Community Business District . Golf driving range / B-2 Community Business District . Retail sales and bulk storage / B-2 Community Business District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is completely impervious with existing buildings and parking lot. A former stem of the Elizabeth River runs behind the site; however, it is no longer tidally influenced and is not a Resource Protection Area feature. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Military Highway is a six-lane divided major urban arterial. The existing right-of-way is 160 feet. ^ ,"" .~ .< '.- ....-. . ..... . ---_..Y VIRGINIA SUPPORTIYE HOUSING Agend~:ltemst9/~20. .. Rcig~2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Indian River 32,869 ADT 26,300 ADT 1 (Level of Based on the natu re of Road Service "C") - 48,200 ADT the proposed use, traffic 1 (Level of Service "E") generated will be significantly less than that generated by the existing use of the site or any potential use under B-2 zonina, Average Dally Tnps WATER: This site must connect to City water. There is an 8 inch City water line in South Military Highway. There is a 20 inch City water line in Indian River Road fronting the site. SEWER: This site must connect to City sanitary sewer. There is a 12 inch City sanitary sewer in South Military Highway. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Evaluation: The proposed use responds to an identified housing need in the city. According to estimates from the Department of Housing and Neighborhood Preservation, there are more than 380 homeless single adults in Virginia Beach on any given night. As noted at the beginning of this staff report, a regional task force on homelessness in South Hampton Roads has been meeting to develop supportive housing options for this segment of the population. The applicant is working with the task force to bring housing with comprehensive services for homeless single adults to the City of Virginia Beach. The subject site has been selected as an opportunity to meet this need. The use is consistent with Comprehensive Plan recommendations, fills a gap in the city's housing supply, and provides a desired redevelopment of a site in a distressed corridor of the city. Staff, therefore, recommends approval with the following conditions. ~~. ".-",,' VIRGINIA SUPPOR'pYEHOU~ING Agenda~1fems 19/~29 .R~ge~ ,: .. '-"','"., ,- ",~ CONDITIONS 1. The site shall be redeveloped as substantially shown on the submitted site plan drawing, titled "Preliminary Site and Building Footprint," by Kroskin Design Group, and Dated November 27,2006. 2. The exterior of the building shall be renovated as substantially shown on the submitted elevation drawings, titled "Preliminary Building Elevations," by Kroskin Design Group, and dated November 27, 2006. 3. The provisions of the submitted Management Plan shall be adhered to. In no case shall any rosident have a felony oon'Jiction for any violent Grime. Individuals with a orior conviction for the followino crimes shall not be eliaible for residencv: aaaravated assault. armed robberv. arson. kidnaooina. felonv homicide. felony child abuse or nealect. or any felony sexual offense. Aoolicants may also be denied residency for other offenses identified in the criminal backaround check, Certain individuals denied residency under this orovision may be reconsidered by the Cloverleaf Aoartments Advisorv Committee and may be oermitted residency due to extenuatina or exceotional circumstances. 4 No resident shall have overnight guests. 5. At least 64 on-site parking spaces shall be provided. 6. The unit density shall not exceed 21 units per acre. 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. AERIAL OF SITE LOCATION VIRGINIA SUPPORTIVE HOUSING Agenda Items 19 & 20 Page 5 , \ 1 ~ r-~ Gltt* % ~ d ... ...~ \ '\ .~ \\ \ I II ...... j '1- \ \ \ \ \ i I !I i a li i ! II .. 1-1- I ' \ I i I J I II-I- I . .""";" i I i i I ; ~ a ; I \';--1 a! ~j ! . I - ;~, .w;. ..... PROPOSED SltE:BLAN:< ,,-")..,,-,/" ..:<,~. .. c VIRGINIA SUPPORTIVE HOU~"NG Agend~::hems19.'!.20 . .~~~~...E) ~It~!~; !aI~li~U V'INI08IA 'H~V'38 V'INI081^ I rill II!.,:I" III1111111111111 ; III C\l i i I ~ :; i w,. i.1 ~ a:~ hi j c... ill i~ PROPOSED BUILDING RENDERING VIRGINIA SUPPORTIVE HOUSING Agenda Items 19 & 20 Page 8 PROPOSED BUILDING RENDERING VIRGINIA SUPPORTIVE HOUSING Agenda Items 19 & 20 Page 9 B-2 ooc 3 Zoning change from B-2 to A-12 CUP Single Room Occupancy Facility 1 6/27/1988 USE PERMIT motor vehicle repair) Granted 6/13/2000 USE PERMIT Binao Hall) Granted 2 12/18/1989 USE PERMIT tire sales and motor vehicle service) Granted 3 2/11/1992 USE PERMIT [golf driving range) Granted 8/11/1992 USE PERMIT mini-calf) Granted 6/13/1995 USE PERMIT [golf drivina range and mini-aolD Granted 4 10/17/1995 USE PERMIT motor vehicle repair) Granted 5 5/9/1 995 USE PERMIT motor vehicle repair) Granted 6 6/8/1 993 USE PERMIT church) Granted 7 11/26/1996 USE PERMIT automobile auction) Granted 8 11/14/2006 USE PERMIT motor vehicle sales, service, and bulk storage) Granted ZONING HISTORY ", "':"A.." ....~ :; " VIRGINIA SUPPORTIVE HOUSING Agenda"ltems 19 0 P Z ILl ~ ILl !( ~ (I) b.I 0:: ;:) (I) 9 o (I) Q Ire Q,:I li)U eg_ .c-lll ""~ i' ~llJ- ~-"O ~oc; ~i~ :11 ~e~ II) e = .~ w~"" a::~a5 ~~!~ g~.~~ Olll-. ~=g8 QIll'5~ ...1:6.0$ ~i~- o:g'5~ -lll:lC !::,E~~..... g .8 ~ ~~I' <.....Ie 0::1(5 e >-~ ~ ~l$~ ~ K.!~ 8iiii e;;-!" ~~e~ .i! ... =<1>88' ~5~~ ::lsifll j ~ I!! ;;; ~ S e C :::J a .c o 5 t- Z I.&J ~ I.&J .t- ~ (0 I.&J 0:: ;:) (0 o ..J o (0 2i f! ..0 ~ E ~ ,,; ~ ;!~ ~"ii ~ oil 0 ...I - ='B 1i~ !5:g Q - c;.. .....9- 1118 %~ =~ ~Cl >.1:: - ~Q~ ;: ~G1,Sq)~ ~ ~~~~ =22:::: ~!!!<II~ e-= ~ .. 8i~~ III 0.-,8 '" E I'i . ~88:~ 8:- <\'I - ::::.211l~ ~i= e 1ll_;;1: Q) e _ \'il :S ~...J Co ~OP ~ "" c:: Go' Ii) ... c; "ill :l ..0 i :i E'B \lllll s~ -a-8 ..!!I~ ."ill:: .g~ iii~ t!! !.~ Ill';'; ~~ Ill:: .co. _0. <lllll =<11 q,J:: $- q,:€ 1Il~ ~.e. :lJ: .o~ ' .~ 4il i (;is ~ ::i e '1 2f N f~ I g~ 0'" ~:S 'liS 0'0; li~ ~ &Ji i~~ --=<3 ~~'C ~~~ ii~i its ';I~ .. ..j i...i ceco R.-5J i~lf) c: 110 ,g ~ Sb, e~c ~-g .. ~ l!! i-;:~ ~;8 to i ' .:.. ....- ~_l~ ~~g2 " 0 CD > I-Iii I 15 I ,,; I ,l!l I I.~ , 'il I I , II i ! 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".-C ("'i. 4) .... .a~._ ~ ~ El ~ iilO f:! .\0- =i.: .. p., 1l cO ij .~~ .. 2 ~ i "';i~ ~....- ~~;g~2g -<llJ.l~P::......<<l ;:;; V;s ~8 ....'" :: gg _ 'C e,= ... 0'<> X ~ ~ O;::i<:1e\ e =~,~~ ..... ,.::: S .;s ~< ~nii .-Cle>......>. ~ i'Q'lii.r;:;; ~ <!::!: 000'6 ~. er--.. "" ;;<.l-5~~ J:!S~,-~= va)Ql.~,"-"o \Q ~ s :J~ 1O~ _ ~i s .., @) ~ ., ~ X~ --~>....<.... 8la15~~1 e~ 'a~;S ~ 11=<>.-'> ilOP::"g..!:.. A.l~lillO*:': .;: .8~g~ ~15~aJ~~ ~ ~ ~ i ! :g ... ~ .... ~ ~ q 'Qo ~ ! ;t: r;:: 'i! ~ ~ ~ ~ ~ " "":.\,,;1 '<,>- ....E 'C,~ l<;; .~ ~ ~ ~ i :::; ~ ~ .... ~ ;2 ~ ~ l ~ ~ '€ 2 "" ;: ~ ~i " .:t ~ .....0 ~-~ "... l.~ DISCLOSURE STA1]~NlJ:NJ:)' _:_:i-C~ ':'''','':::,' ..^..~:.~;..". , , ~ r;. .2 ! ~ .~ ~~ .- it;s~ ~ ~~;:! ~ ~ ~ ;;- .c.s ""~...) ZU ~]~j Z'S~r:Vl.. ;;~~~~=a ~u5;aJe.E l2 ~~ i .~ "E 3 :i :: ~.) ~ >: -~ :- QO"S Q;> ",,,,, ~S~~~ @ c::- ~;SN":t, c !il2'-,,~....~ .2g~~ ~~ 0"87.l-...1-.--.. ;:~,a9:o~O ~::5"S ~ j g~ O~~~~~~ Q [; ~ r-;- d ~ .~ g -5 -.<= ~~ + ~o -r:i< 0 ~~..Z"';I. ~ _ :2 g .= N.. ..a :: t:"_ ~ -< ~ ~.s; ~ 8:- ~>:'f:! ~ ~ .c::=-~"':)'-!:: ~.~;;w g~$ 8- $'-5~_j:;:-~,:: _~<N'~O-~ ~,?;>~,:i~~6 "" .... o ro N <>> -t: ~,~ :.i'~ ~e.:: ~:3 ;!x~ ~g ~.~g q~ Nu@ f~s~g ~ >:8~ .0> ~-,.r= oo"'g' ~ ~ ~Q)(_ON-;: Q~OEQO.. ...~ ~1S 3~ ~>=2Q2~5 o~ ""!: :::' ij?; Of ~ u~ ~ g eM~! ~ !:~~~.' .". ".<;..., eQt::EV1e; aa '3 !:' ~ ...~ o -a ~'E ;:: ~ ~ :[= i:;'=1 .a~~o~E! 'd" '"",, ' "'''''_', ',-:,",:,-" VIRGINIA SUPPORrtVEHOU~~NG Agendf\:'ltems19 , 20 p. 12 o ~ tI} 5~ =~ i:lilv'-'" ;>~<:> ,... ;0 ... ... ll::- .... 0:::1.. ~~s 1:.0;: ;;JQ'" tI}=:;'"> << -0 ~= r..:l =:; > 0; ... '" '5 8 <,) =0 ::s ....~~ 'E -s]~ g E ~ <(;g _. ","':>N - ..o::!; .- 5, <: ~--g~ SI ~~ ~~ .:::;.\' 11 ",di 3 ~gii::e tt '" ~"d~ 9 ";"'N @ .g ~~ ~ -g ::: < 3 'C ~3>.'C~ ~.g ~..~ ~ u 'C g'C '" !3~SN_ -:S ~ ~ i".; .<::::ii::eE -a a :5 1:;)-0 <) ~a -g :t; ~ e 0 Co ~ ~ ~..:: e]i -~ ~ ~=c~ ~ ;~ g d.~ 0 ... - '" B ......... ~ .g~iil .&l = d ~~~ - ~o~~ ~ ~=~ ~ ,9 S C llJ ~ s ~ 'A ~-= "g g U'J 0 3a 4 ~E8 uo8 ~i"~~~< ~~~~~ ~ ~ ~g=~ a~~ !s~~.~~5 :~.5tg~~ e uo~~ .~~~~!t'a~Q~=~g=~-'--o . ~~~c=.=t=~~~_~_~~Su~~g~~I~ <~..g~~t~Ca~..=~tii~~&=~=~~ =';;..'C!.l-'.:::l =- to? ...=;>- g- et: 0'" 1s....2 "'" ~eiit~'CIJlc!~~~~irJ~~iJ~~! iO~~=Q~OaZ~ ~ ~~~8&~~~iU~~ 'e ~ ~ 1 ~ :3' ] ~ <:> '" '" l:: " ~ is '& 1: g "" :::: ~ ~ "" "" "" ~ ~ ~ ... &:: i; S """;(5 '&~ ...... :O~ .l;i;; DISCLOSURE STAJEQ1:8l' ---'-c-.> .~< -". ~,"> VIRGINIA SUPPORTtVEHQUSING Agend~:;lfern$19'~i20 "P~.g~.dp Cloverleaf Apartments Management Plan 1. Role and Responsibility of Owner and Manaaina Aaent Cloverleaf Apartments, LLC, the owner, is contracting with Virginia Supportive Housing (VSH) to manage the property. VSH will develop all policies and procedures to operate the property with input from the Cloverleaf Apartments Board of Directors. All policies and procedures will be approved by the owner prior to implementation. 2. Staffina Duties and Responsibilities of Staff: The property manager for this development will be the Site Supervisor. The Site Supervisor will be responsible for supervising the operation of Cloverleaf Apartments, and will report directly to the Director of Property Management. The Director of Property Management is responsible to the VSH Executive Director. (Please see attached job descriptions for Site Supervisor and Director of Property Management.) There will be a Night Manager living on the premises. The Night Manager reports directly to the. Site Supervisor. (Please see attached job description for Night Manager.) A Social Worker will develop and implement individual treatment plans for the Residents, and identify services and providers to assist in meeting their needs. The Social Worker will report to the Residential Services Manager. Supportive services will be optional for the Residents. (Please see attached job descriptions for Social Worker and Residential Services Manager.) If property-related problems occur, such as maintenance problems or late or non-payment of rent, the Site Supervisor will first beconie involved and will contact the Social Worker for assistance, if appropriate. The Site Supervisor and the Social Worker will work with the individual together on issues of common concern, such as non-payment of rent or disturbances in the building. The Site Supervisor will be on call 24-hours a day if housing related problems occur. Emplovee Requirements: All new VSH staff members have a six-month probationary period after which they are evaluated for continued employment. Thereafter, annual reviews are undertaken. VSH also has personnel policies and procedures that all employees must comply with as well as an employee handbook. These are reviewed and updated periodically and approved by the VSH Board of Directors' Executive Committee. Compliance With Laws: All hiring at VSH is done in conformance with EEO and other applicable federal, state, or local requirements. 1 3. Marketina and Resident Selection Resident Selection: Referrals will be received from agencies that serve the target population, such as emergency shelters and transitional housing facilities in the region, police departments, departments of social services, mental health agencies, community service boards, centers for independent living, major hospitals, communities of faith, United Way of South Hampton Roads, community action agencies, redevelopment and housing authorities, and other regional service providers, including home health agencies and nursing homes. VSH will generate a waiting list for the apartments. Qualified applicants will be listed in chronological order by their date of application Selection and screening of Residents will be the responsibility of the Site Supervisor as directed by the Director of Property Management and Social Worker as directed by the Residential Services Manager. Specialists familiar with the target population may be consulted. Priority will then be given to individuals who are homeless, discharged from a hospital with no available housing, or living in dangerous situations. Applicants must meet the following admission criteria: . Must be at least 18 years of age or older; · Must be capable of complying with all obligations of occupancy either without supportive services or with supportive services provided by persons other than the consumer. If supportive services are required, the individual must be capable of paying for services privately, through a third party payer or eligible for services funded by the Virginia Department of Rehabilitation Services or the Virginia Department of Medical Assistance Services; . Must not be actively using illegal substances; · Must be certified by a physician to have no active/untreated communicable diseases, including tuberculosis; . Must not have a record of a felony conviction for a drug offense or violent crime within the past five years; · Must pay a security deposit equal to one month's rent or $50, whichever is greater; and . Must be willing to adhere to all the lease requirements and Cloverleaf Apartments Apartment Rules and Regulations. In addition, a residential history and credit check will be obtained on each applicant. Applicants who actively pose a threat to themselves or others as assessed by a mental health professional may be ineligible for admission. Instruction in Laws: All VSH staff members are required to attend Fair Housing training at least annually, as well as training on other applicable laws, such as ADA. Resident Selection Review: The Cloverleaf Apartments Board of Directors will regularly review the Resident selection process. Appeal Process: VSH notifies applicants in writing whether they are approved or denied for housing. Applicants who are denied may appeal by notifying the Director of Property Management in writing within 10 days of denial. A meeting will be scheduled with the VSH Executive Director to discuss the denial, whereupon a written final decision is sent to the applicant. If the applicant is dissatisfied with the appeal decision, he or she has the right to 2 request a review by the Cloverleaf Apartments Board of Directors who will review the application and supporting paperwork and give written notification on a final ruling. Resident Rents and Security Deposits: As specified above, Residents will be required to pay one month's rent as a security deposit. VSH will open a security deposit account that will draw interest and comply with the State's Landlord Resident Act with regard to the return of the security deposit. VSH will be responsible for all utility costs. Marketina Units: VSH will carry out marketing activities promptly in compliance with all government program and fair housing requirements and in a manner which best achieves its objectives. Since a person must be homeless in order to be eligible for an SRD unit, marketing is done mainly through referral by the area homeless and human services providers, as well as self referrals. Providers are visited and contacted periodically, but no less than annually, and are given Application Guidelines, as well as brochures about Cloverleaf Apartments. These Application Guidelines are updated annually and as information changes are faxed or sent to any person or agency that requests application information. Selectina the Resident: VSH will handle the application process professionally using fair and consistent procedures and in compliance with Fair Housing and other applicable local laws. It will give every eligible applicant the full opportunity to qualify for residency in a vacant unit. Receivina and Screenina Applications: Unlike typical apartments in the private markets, these units have specific criteria because they were developed to house homeless adults. Some of the requirements were placed on the property by the funding sources; others by Property Management and approved by HUD. The criteria for admission into Cloverleaf Apartments are as follows: Applicants must be: . Single, homeless, and at least 18 years of age. . Able to live independently, handle their finances, and maintain their residence. (This is not supervised housing.) . Absent of the use of any illegal substance. Applicants must furnish: . Picture 10 and Social Security card. . Residency for the past two (2) years. Residency can be apartment, rooming house, shelter, and/or other temporary residency. . Dates at each residence, Le., move in and move out. . Name of person responsible for residency as well as a contact address, zip code, and phone numbers. . Amount of rent paid, if applicable. . Employment, if applicable, with name of a supervisor, address, zip code, and phone number. . Amount of income from employment or benefits received. 3 A criminal investigation inquiry is performed with the authorization of the applicant. Applicants who meet the above criteria and are interested in applying for a unit are directed to call Cloverleaf Apartments. Persons interested in applying for a unit at Cloverleaf Apartments must call for an appointment and to set a time for a rental screening. This is a two part interview involving the Site Supervisor and the Social Worker. When applicants arrive for their interview, they are asked to complete an application prior to the interview. Applicants are also required to comply with the following: · Supply picture 10 and Social Security card · Sign release forms for Residential Inquiry, Verification of Rental History, and a Criminal History Record Request During the interview with the property management staff, the applicant is given an opportunity to clarify information on the application and to ask questions. Any gaps in the dates provided for the rental history section of the application must be explained. The interviewer will document comments on the Interview Record and make sure the applicant has provided an address to mail the status of his/her application. If the applicant was referred by a service agency, information must be obtained about the service agency in order to send a copy of the status of the application to the agency worker. A phone contact can be helpful also. After the interview, with the property management staff, the applicant meets with residential services staff for part two of the initial interview. During this interview, a psychosocial assessment is done with the applicant to determine his/her appropriateness for this type of independent living. A copy of all inquiries is retained with rental applications. The applicant's name, date of interview and names of verification references are then logged on the flow sheet. Once verifications are received, these are checked off. If all references have not been returned within thirty (30) days, a foll0w up call is made. Credit checks for all properties are completed by the Desk Clerk. The application serves as the release form for the credit check. The applicant's name, address, social security number and date of birth are entered into Registry Access. Credit information on the applicant is provided by the system immediately upon entering the information, Criminal record checks for all properties are completed by the Desk Clerk using a direct secure line provided by the Virginia State Police. Applicants must sign the request form. The applicant's name, social security number, date of birth, race and sex are keyed into the system using any of the computers at all properties. The criminal background check is received within 48 hours of entering the data, and contains aliases, a description of the person, last known address and any and all violations committed, convictions and sentences served by the applicant. Any felony conviction within the last five years is cause for denial of application. When all of the information requested is received, the Site Supervisor then meets with the residential services staff to determine if an applicant is approved or denied. There are times when the residential services staff will approve an applicant, but information received by the property management staff will disqualify the applicant. This situation can also happen in the reverse. Both property management and residential services must agree on an applicant in order for that applicant to be approved, 4 A status letter is mailed to the applicant and an approval copy is sent to City of Virginia Beach Department of Housing & Neighborhood Preservation (VBDHNP), who will then notify the applicant by mail for a financial eligibility (Section 8 qualification) interview. A list of required documents is included in the applicant's appointment letter. The applicant's failure to keep the appointment will generate a second appointment by VBDHNP. The applicant is informed that failure to respond to the second appointment automatically deletes their name from the list. The Site Supervisor can reinstate this individual if his/her situation warrants such action. Applicant's qualifying for Section 8 are notified by VBDHNP that their name has been added to the existing Waiting List, which is maintained by VBDHNP. They are notified by VBDHNP when their name reaches the number one position on the list and there is an upcoming vacancy. If they are unable to take the available unit the next person on the list is contacted. Copies of correspondence to applicants from VBDHNP are copied to the Site Supervisor. This correspondence is maintained with the applicant's information. Maintainina Waitina Lists: VSH does not maintain waiting lists for its SRO's because the final decision regarding financial eligibility rests with VBDHNP. Therefore, as previously mentioned, VBDHNP maintains a waiting list of applicants they have been approved. No less than five (5) approved applicant's and no more than ten (10) is a good number to maintain on the waiting list. Applicants are encouraged to continue to seek housing because of the small number of turnovers. 4. Procedures for Determinina Resident Eliaibilitv and for Certifvina and Recertifvina Incomes Procedures for Certifvina Income and Eliaibilitv: Determining Resident eligibility and certifying and recertifying Resident income will be done by the Site Supervisor using HUD procedures. TRACS system for recording and drawing down subsidies will be used and will only be accessed by the Site Supervisor, Director of Property Management, the VSH Executive Director, and accountant. Measures to Protect Confidentialitv: The Site Supervisor will keep Resident files at Cloverleaf Apartments and these files will be kept confidential. 5. Plans for Maintenance and Repair Liaht Maintenance and Housecleanina: The Site Supervisor will be responsible for the overall maintenance of the buildings and common areas, including the laundry facilities and vending machine in each apartment building. Each Resident will be responsible for cleaning and maintaining his or her own apartment. Repairs or light maintenance will be done by the Custodian and will be coordinated by the Site Supervisor. The Site Supervisor will be on call to handle emergencies. Repairs will be reported to the Site Supervisor using a Work Order that is completed by the Resident. Procedures to Control Purchase and Inventorv: The Site Supervisor will be responsible for purchasing necessary supplies and for keeping an inventory of the supplies or any equipment 5 purchased for the apartments. The Site Supervisor will be responsible for keeping all purchases and work done in conjunction with Cloverleaf Apartments separate from other properties. Procedures to Service Appliances and Mechanical Eauipment: At move-in, each individual will be given an orientation package that will include care and maintenance of his or her apartment and appliances. The Site Supervisor will be responsible for servicing appliances and mechanical equipment. She or he will use the VSH approved vendor list for troubleshooting and for yearly maintenance of all equipment. Inspection Procedures: The Site Supervisor and Social Worker will inspect the apartments together prior to move-in and after move-out. Residents will be notified whenever possible in advance and in writing whenever inspections of servicing of their units is necessary. For emergency inspections, the Site Supervisor will attempt to phone the Resident prior to entry and will leave a note when exiting to inform the Resident of the reason for entry. Apartments will be inspected semi-annually by the Site Supervisor and Social Worker together. Residents will be notified in writing of the time and day of the inspection. Preparina Vacant Units: The Custodian will be responsible for cleaning and repairing vacant apartments. This will include painting, if necessary. Work Orders: Work orders will be given to the Site Supervisor who will determine whether the Custodian is able to complete the repairs or if a contractor needs to be called. The Site Supervisor will arrange for the work to be completed by the Custodian or a contractor as appropriate and then inspect the work that is done after completion. Reimbursement for Resident Damaaes: Residents will be responsible for paying damages as specified in their leases. The Site Supervisor will bill the Resident and collect. Paintina Schedule: Apartments will be painted as needed and when they are vacated. Grounds Upkeep and Maintenance: VSH will contract out the upkeep of the grounds. Cleanina of Common Areas: The Site Supervisor will be responsible for ensuring that the common areas are clean and maintained. Emeraencv Repairs: The Site Supervisor will be on call to handle emergencies and will use the same contractors that are used by VSH for plumbing, heating, or electrical work. The Site Supervisor will also contract with companies used by VSH for mechanical and appliance checks on an annual basis. A monthly service contract will also be executed for extermination services. Reaular Inspections of Buildina and Grounds: The Site Supervisor and Custodian will inspect the building and grounds together at least semi-annually, note any required repairs or maintenance needs and submit a report to the Director of Property Management. Preventive Maintenance Schedule: Annual inspections of the heating/cooling and building systems, and major appliances will be conducted and major repairs and replacements will be paid for out of replacement reserves, Inside and common area painting will be done as needed as will outside trim work. 6 6. Rent Collection Policies VSH will ensure that all residents are aware of the procedures and deadlines as they apply to the process of paying rent. All payment amounts and the proper procedures for timely payments are outlined in the lease which residents sign at move-in. In addition, deadlines for the designations of "late payments" and their consequences are described as well. Reaular Monthlv Actions to Collect Rent: Residents are not billed monthly for rent. Rents are set prior to move in. and only change with annual recertification's by VBDHNP or recertification's triggered by changes in a resident's income. In both cases, residents will receive a copy of their most recent certification or recertification and Management will also receive a copy. These copies will contain an "Effective as or date, which identifies when the new rental amount should be applied. The Management copy of this form is kept in the resident's folder. Desk Clerks are responsible for collecting rents from residents. At the beginning of each month, the Desk Clerk will generate an updated Rental Listing from the Site Supervisor's computer showing the most current rent owed. The Desk Clerk will put this sheet with the Delinquency Report to determine how much the resident owes. (Refer to the next section for further information about the Delinquency Report.) When residents pay their rent, the Desk Clerk indicates this on the Rental Sheet. If the resident pays late charges, this is noted on the Delinquency Report. Residents may pay their rent (and any other amounts that are owed) when the Desk Clerks are on duty, which is 8am until midnight. Residents may pay by check or money order, not by cash. If a rent payment with a personal check is returned for insufficient funds, the resident will be charged $30 and will no longer be able to use personal checks for the payment of rent. Management will maintain a list of residents who can only use money orders. Residents are given a numbered receipt for their rent prepared by the Desk Clerk. The receipt will indicate the amount that was paid for rent as well as any late charges and will note the check or money order number on the receipt. All rents that are collected are put in an envelope in a locked file cabinet in the Site Supervisor's office until such time as there are enough collected to deposit. A Desk Clerk will be selected and trained with the responsibility of depositing the rents. The deposit slip is completed by this Desk Clerk and given to the Site Supervisor for deposit. Commencina Leaal Proceedinas for non-payment: On the sixth business day of the month, the Desk Clerk will indicate on the Delinquency Report which residents have not paid their rents. A $10 late charge will be added to their account at this point and a Payor Quit Notice will be completed by the Desk Clerk. The original is mailed. Residents will be required to mail their rent, using checks or money orders, to the Site Supervisor of Cloverleaf Apartments, 964 South Military Highway, Virginia Beach, Virginia, 23464-3512. Only checks or money orders will be accepted and should be made out to Cloverleaf Apartments. No cash will be accepted. A $30 fee will be charged for all returned checks. A $10.00 late fee will be charged for rent received after the fifth of the month. The Site Supervisor will enter the rent amount into the computer program and deposit the checks in the appropriate Cloverleaf Apartments account. 7 Failure to pay rent will result in issuing a Payor Quit Notice to the Resident. The Social Worker will be notified and will work with the Resident on payment or finding another rental unit. If rent is not received within the allotted timeframe, an Unlawful Detainer will be issued and eviction will be pursued. Every attempt will be made to work with the Social Worker and the Resident so the individual will be able to continue to live in the unit. 7. Maintainina Account Records and Handlina Necessarv Forms and Vouchers The Site Supervisor will receive all invoices and bills related to operation of the properties. He or she will initial and date each bill and submit the bills for payment as per the usual VSH distribution schedule and procedures. The VSH accountant will track all operating expenses in the computer program for each of the properties. Financial statements will be generated on a monthly basis and will be part of the VSH financial tracking system. Monthly financial reports are reviewed by the Executive Director and Treasurer and then approved by the appropriate organizational Board and Executive Committee monthly. VSH is bonded and has insurance coverage. This project will be added to its coverage. 8. Plans for Residents - Manaaement and Community Relations The Site Supervisor will develop an orientation package for the Residents that will include care and maintenance of their apartment and the common areas they use, and the Social Worker will assist the residents with orientation. Resident complaints will be brought to the Site Supervisor who will generally work with the Social Worker to help with resolution, depending on the complaint. The Site Supervisor will have regular contact with the Social Worker to ensure the smooth operation of the house. 9. Security and General Administration The Site Supervisor will maintain normal working hours but will be on call in emergencies. The VSH Director of Property Management and/or Executive Director will fill in for emergencies when the Site Supervisor is unavailable. The buildings and apartments will be locked at all times. Only Residents and staff will keys allowing access to the apartments and common areas. 8 Cloverleaf Apartments Job Descriptions Director of Property Manaaement: The Director of Property Management is responsible for the supervision of all activities related to the Property Management Division of Virginia Supportive Housing (VSH). He or she will provide for the property management of all VSH housing projects to include the physical property as well as the financial soundness of the site(s) operation. The Director of Property Management is also part of the Blended Management Team where residential services staff and property management staff work together to ensure a safe and secure environment for the residents while helping the residents to become more independent and self-sufficient. The Director of Property Management reports to the Executive Director. Qualifications for the position include no less than five years of prior residential property management experience, including knowledge of applicable federal and state housing laws and experience with Section 8 leasing and low-income housing management. Familiarity with budgeting and rental record keeping and excellent supervisory skills are also required. Custodian: The Custodian is responsible for the cleanliness and light maintenance of the building. The Custodian reports to the Site Supervisor. Specific duties and responsibilities are to vacuum all carpeted areas; perform general cleaning of kitchen, lounge, multipurpose rooms and offices; wet mop all tile floors in common areas; clean and disinfect community restrooms; clean entryway doors; collect trash and transfer to outside receptacles; clean laundry rooms, filters, empty trash, wipe out machines, and remove lint; dust mop stairwells; dust furniture in common areas; wet mop stairwells at least weekly or as needed; wipe down walls and doors as required; sweep parking lot with blower as required; check emergency lights and change as needed; replace lighting in common areas as needed; inspect secured areas, electrical room, and storage rooms; rinse inside of all trash receptacles; clean stove and refrigerator in community kitchen as needed; maintain current inventory of maintenance equipment; maintain inventory of cleaning supplies and submit requisition for reorder; spray and buffer common areas; pick up trash in parking lot, as needed; turn over vacant unit(s) per the direction of the Site Supervisor; and other duties as assigned. Qualifications for this position include experience in building maintenance. Niaht Manaaer: The Night Manager is responsible for the security of the building between 12:00 midnight and 8:00 AM. The Night Manager reports to the Site Supervisor. Specific duties and responsibilities are to monitor security throughout the building; respond to all confrontational and emergency situations from midnight to 8 AM; respond to resident's needs to access building in the event of lock-out; prepare written incident reports; meet with the Site Supervisor and any resident who violates policy during the overnight hours on an as need basis; attend staff meetings and agency annual staff retreats; other duties as assigned by the Site Supervisor. Qualifications for this position include an ability to get along well with others, excellent skills in conflict resolution, the ability to handle emergency situations, and good oral communication skills. Desk Clerk: The Desk Clerk is responsible for the daily operations of the building, monitoring the front desk, and ensuring the security of the building and safety of the residents. The Desk Clerk reports to the Site Supervisor. Specific duties and responsibilities are to perform walk- through inspections of all common areas, including the grounds at the onset of his or her shift and to record any findings on the shift report; review prior shift reports with departing Desk Clerk; answer phones and direct calls while taking messages when necessary; be familiar with 9 all residents and respond to problems and emergencies as appropriate; check and monitor guest registration; collect rents; monitor any unusual activities of residents and note the activities on the shift report; monitor cameras, note any suspicious activity and respond accordingly; file and maintain paperwork for the property; and other duties assigned by the Site Supervisor. Qualifications for this position include an ability to relate well to others and respond to emergency situations calmly, appropriately, and quickly. Residential Services Manaaer: The Residential Services Manager is responsible for supervising all aspects of the Virginia Supportive Housing (VSH) Resident Achievement Program (RAP) to ensure the delivery and coordination of supportive service and the implementation of RAP at VSH's SRO facilities (New Clay House, South Richmond SRO, and Cloverleaf Apartments). The Residential Services Manager is also part of the VSH Blended Management Team, in which support services and property management staff work together to ensure a safe and secure environment for the residents, while helping the residents to become more independent and self-sufficient. This position also chairs VSH's Families In Neighborhoods Development (FIND) Coordinating Committees, which is responsible for ensuring that support services are provided to the families who participate in FIND. The Residential Services Manager reports to the Executive Director. Qualifications include an MSW with at least two years of experience working with low-income adults, the ability to plan and develop programs, demonstrated skills in staff supervision, knowledge of applicable federal and state housing law, knowledge of the homeless population and appropriate community resources, experience in case management and Medicaid billing procedures, good computer skills, and good oral and written communication skills. Site Supervisor: The Site Supervisor is responsible for the supervision of all activities related to the property management of Cloverleaf Apartments. He or she is also a part of the Blended Management Team where residential services staff and property management staff work together to ensure a safe and secure environment for the residents while helping the residents to become more independent and self-sufficient. The Site Supervisor reports to the Director of Property Management. Specific duties and responsibilities are to recruit, hire, train, and supervise all applicable site staff under the director of the Director of Property Management; coordinate the marketing, application, and leasing process for Cloverleaf Apartments with applicable Section 8 Administrator(s) including vacancy notification and Section 8 inspections; perform all duties related to resident selection and retention; review and sign leases on behalf of the Owner and other lease up activities as needed; maintain rental records at each site and enter appropriate information on rent roll; serve as the purchasing agent and review and approve expenses related to Cloverleaf Apartments; supervise rent collection and receipts of other rental income and make deposits; perform duties related to late rental payments, court appearances, and evictions; inspect Cloverleaf Apartments to ensure cleanliness and safety; ensure the use of a preventative maintenance program at Cloverleaf Apartments; schedule and supervise building maintenance and repairs, ensuring quality and resident satisfaction and maintain all operational records; resolve resident grievances, conflicts, and problems with the help of residential services staff; handle telephone inquiries and conduct tours of the building; prepare monthly reports as requested by the Director of Property Management; work in a coordinated effort with the supportive services staff related to program planning, and implementation; and other duties as assigned by the Director of Property Management. Qualifications for this position include 2-3 years of prior residential property management experience, including experience with Section 8 leasing and low-income housing management. Knowledge of applicable federal and state housing laws, familiarity with budgeting and rental record keeping, and excellent supervisory skills are required. 10 Social Worker: The Social Worker is responsible for assisting in the implementation of the Resident Achievement Program and the provision of case management services at Cloverleaf Apartments. The Social Worker is also a participant in the VSH Blended Management Team and works with the Site Supervisor and Director of Property Management to ensure a safe and secure environment for the residents. The Social Worker is primarily responsible for encouraging residents to become more independent and self-sufficient. The Social Worker reports to the Residential Services Manager. Specific duties and responsibilities are to assist in the implementation of the Resident Achievement Program at Cloverleaf Apartments; provide case management and referrals to residents; consult with the Residential Services Manager regarding residents, as advised; maintain individual files on each resident through documentation of meetings, community contacts, etc.; assist in organization of resident-initiated and coordinated activities; monitor, update, and inform the Residential Services Manager regarding effectiveness of the Resident Achievement Program at Cloverleaf Apartments; perform resident screenings as assigned in cooperation with property management; attend supervision meeting with Residential Services Manager as scheduled; attend staff and Board meetings as requested; assist in the preparation of statistical and budget reports; attend local civic and community meetings and conferences as requested; and other duties, as assigned. Qualifications include a BSW with experience in working with low-income and/or homeless adults, demonstrated skills and abilities in case management and crisis intervention, knowledge of the homeless population and relevant resources, the ability to interact in a professional manner with residents, peers, and collateral agencies, good computer skills, and good oral and written communication skills. 11 Items #19 & #20 Virginia Supportive Housing Change of Zoning Classification Conditional Use Permit 964 South Military Highway District 1 Centerville February 14,2007 CONSENT Janice Anderson: The last two items are agenda items #19 & #20. These are the applications of Virginia Supportive Housing. These are for a Change of Zoning District from B-2 Community Business District to A-12 Apartment District at property located at 964 South Military Highway. It also involves an application for a Conditional Use Permit for a Single Room Occupancy Facility at the same property. This is in the Centerville District. We1come. Alice Tousignant: Good afternoon. Members of the Commission, I'm Alice Tousignant, Executive Director of Virginia Supportive Housing. We have reviewed the conditions and are in agreement with them. Janice Anderson: Thank you ma'am. Excuse me ma'am. Do you have any supporters here with you today that would like to be recognized? If you could have them stand? Thank you. Is there any opposition to these matters being placed on the consent agenda? The Chairman has asked Joe Strange to review the application for us. Joseph Strange: The applicant proposes to rezone the existing B-2 property for the purpose of totally renovating the existing buildings, which is being used as a Bingo Hall. It is for use as a Single Room Occupancy facility, and the building will have 60 SRO units, which will have a laundry facility, the front desk, a community room with kitchen, and staff offices. Each SRO until will have a bed, dresser, table, chair, kitchenette, full refrigerator, and full bathroom. The unit size will range between 300 and 400 feet. The facility will have a full-time manager and social worker. There will be a case manager on site to ensure that residents are able to live independently. As described in the submitted Management Plan, there will be a staff at the front desk 16 hours a day, 7 days a week, and a night manager will reside on the property. The property maintenance staff will also be provided. This is an important program that will assist the homeless individual by providing permanent housing and support services to help them become more independent. The Virginia Supportive Housing is a non-profit organization that develops permanent solutions for homelessness by providing innovative housing development. They have excellent property management and comprehensive support services. They have been doing this since 1988. The piece of property that they are using is well located to serve regional needs. This use will have minimal impact on other uses and certainly no impact on residential use. The adaptive reuse of this building will be a good upgrade for Items #19 & #20 Virginia Supportive Housing Page 2 the area. As I spoke before, it is a quality management company with a proven track record. Their most recent project has been the Gosnold Apartments where they have 60 units over in Norfolk that have been well received, which is by the way, the only regionally supported program of its kind in the nation, and it has received national acclaim. So, I'm happy to have them and happy they're in the Centerville District. Janice Anderson: Thank you Joe. Mr. Chairman, I do have a motion to approve the following items on the consent agenda. They are agenda items 19 and 20. Barry Knight: There is a motion on the floor. Mr. Crabtree? There is a motion on the floor to approve these consent agenda items. The motion was made by Jan Anderson and seconded by Gene Crabtree. Is there any discussion? I'll call for the question. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD ABSENT Ed Weeden: By a vote of 10-0, the Board has approved items 19 and 20 for consent. Barry Knight: Thank you. AG-1 (ITA) Conditional Zoning Change: from AC-1(JTA)/AC-2(JTA) to R-15(JTA) .{;.~~~.!l~~b f9 "C.",", ~, (f:~.,'i:!, '-'r. ,. oz., ; \".' ~jJ l(~. .. ~{t ~~.:,~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of A.O.S. Properties, L.L.C. for a Chanae of Zonina District Classification from AG-1 and AG-2 Agricultural District to Conditional R-15 Residential District on property located at 2433 and 2437 Salem Road (GPINs 1484238037; 1484236232). The Comprehensive Plan designates this site as being part of Princess Anne (Transition Area). The purpose of this rezoning is to develop the site for single-family homes. DISTRICT 7 - PRINCESS ANNE MEETING DATE: February 27, 2007 . Background: The applicant proposes to consolidate two existing agriculturally zoned properties and to rezone the properties for the development of seven (7) single-family residential lots. This parcel is in the 65db to 70db noise zone of the Interfacility Traffic Area of the Transition Area. The United States Navy has provided the staff with a letter that expresses a "most strenuous objection" to this application. The Navy indicates that the proposed homes would encroach into an area critical to the successful operation of NAS Oceana. . Considerations: The City and the applicant have been working over the past several months to come to an agreement pertaining to the City's purchase of the property due to its location within the Interfacility Traffic Area. An agreement appears to have now been reached. The applicant, therefore, is requesting an indefinite deferral of this application to provide the opportunity for the agreement to be finalized and the property to be sold to the City. . Recommendations: Staff recommends that this application be indefinitely deferred. . Attachments: Location Map Recommended Action: Indefinite Deferral. Submitting Department/Agency: Planning Departmen'- City Manage~ lL. '66~ Conditional Zoning Change: from B-2 & R-10 to Condo B-2 ~~~~ J'r~1it.\"' <'!;:-f _!~ .~, ':.) \~# ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Michael D. Sifen, Inc. for a Chanae of Zonina District Classification from B-2 Community Business District and R-10 Residential District to Conditional B-1A Limited Community Business District on property located at 251, 263 and 267 North Lynnhaven Road. The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of this zoning change is to develop a strip retail center. (GPINs 1497356414; -4693; -4783). DISTRICT 3- ROSE HALL MEETING DATE: February 27,2007 . Background: The applicant proposes to consolidate and conditionally rezone to B-1 A Limited Community Business District two parcels, zoned B-2 and R-10, to develop a 13,500 square foot strip commercial center. Since 1983, this site has .been the subject of four rezoning requests for non- residential uses. Each request was denied. Staff recommended denial of each request because they were not consistent with the Comprehensive Plan recommendations. . Considerations: The proposed site plan depicts a neighborhood retail and office strip center fronting on North Lynnhaven Road with a row of parking along the front and one side. Landscaping along the front and landscape buffering adjacent to the residential neighborhood has been provided. The building is transitional in design with neutral colors to complement both the adjacent residential properties and the non-residential ones to the east and north. Awnings across shop entrances provide a colorful accent and add a pedestrian scale to the design. This proposal falls mainly within the Primary Residential Area of the Comprehensive Plan. The northernmost portion of the property is designated by the Plan as being within Strategic Growth Area (SGA) 6. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. Michael D. Siten, Inc. Page 2 ot 2 The Primary Residential Area also allows for uses of this type in locations such as this provided that the "established type, size, and relationship of land use, both residential and non-residential, in and around [the neighborhood]" is used as a guide. The applicant's original submittal with this application requested a B-2 Business District. However, based on Comprehensive Plan's guidance pertaining to non-residential uses in the Primary Residential Area, the staff requested, and the applicant provided, a revised application and proffers that limited the use of the property to the less intensive uses allowed by the B-1A Limited Business District. Further, staff worked with the applicant to make sure that the design of the site and the building met the guidance of the Comprehensive Plan. The building is low in height, consistent with the homes in the adjoining neighborhood. The proposed exterior building materials are neutral in color to blend with adjacent properties and to not detract. The rear of the property is buffered by landscaping, ensuring the neighborhood is protected. There was opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request, as proffered. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department CityManager:~\(,~~ MICHAEL D. SIFEN, INC. Agenda Item 1 January 10, 2007 Public Hearing Staff Planner: Karen Prochilo REQUEST: Chanae of Zonina District Classification from B-2 Community Business District and R-10 Residential District to Conditional B-1 A Limited Community Business District. ADDRESS I DESCRIPTION: 251, 263 and 267 North Lynnhaven Road. COUNCIL ELECTION DISTRICT: 3 - ROSE HALL SITE SIZE: 53,260 square feet or 1 .22 acres GPIN: 14973564140000 14973546930000 14973547830000 SUMMARY OF REQUEST The applicant proposes to consolidate and conditionally rezone to B-1 A Limited Community Business District the existing B-2 and R-10 parcels to develop a 13,500 square foot strip commercial center. This proposed site plan depicts a strip center fronting North Lynnhaven Road with a row of parking along the front and one side. Landscaping along the front and landscape buffering from the residential neighborhood has been provided. The building is transitional in design with neutral colors to complement both the adjacent residential properties and the non-residential. Awnings across shop entrances provide a colorful accent and a human scale to the design. LAND USE AND ZONING INFORMATION EXISTING LAND USE: A two-story building that was a mix of small service business on the first floor and a nonconforming apartment on the second floor. The balance of the site is residential occupied by a single- family dwelling and several out buildings, MICHAEL[}: SIFENJlNC. . Agenda Item 1 .Pag~ 1 SURROUNDING LAND USE AND ZONING: North: · Automobile service establishment / B-2 Community Business District . Single-family dwelling / R-10 Residential District . Across North Lynnhaven Road, Checkered Flag automotive sales and services / B-2 Community Business District . Single-family dwellings / R-10 Residential District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The northern portion of the site is a mostly impervious cover of building and parking. The remaining portion of the site is a single-family dwelling with several small outbuildings on a vegetated site. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. The Navy considers the proposed use to be conditionally compatible with airfield operations. Under City ordinances, the proposal will have to comply with noise level reduction features as set forth in the Virginia Statewide Building Code. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): North Lynnhaven Road is currently a two-lane undivided major collector roadway. There are no planned roadway projects for North Lynnhaven Road. TRAFFIC: Street Name North Lynnhaven Road Present Volume 11 ,549 ADT Present Ca acit 9,900 ADT (Level of Service "D") - Capacity 11 ,100 ADT 1 (Level of Service "E") Generated Traffic Existing Zoning - 170 ADT Proposed Land Use 3 - 750 ADT (75 peak hour tri s weekda s Average Daily Trips 2 as defined by B-2 and R-10 zoning 3 as defined by13,500 sf retail Access points will be required to be located outside of the existing queuing area for the northbound North Lynnhaven Road approach to the traffic signal. WATER: This site has multiple existing water meters; only one of these meters may be used, or upgraded. There is a 6-inch City water line in North Lynnhaven Road. SEWER: This site is already connected to City sanitary sewer. Analysis of Pump Station #252 and the sanitary sewer collection system is required to ensure future flows can be accommodated, There is a 1 O-inch City sanitary sewer in North Lynnhaven Road. MICHAEL D. SIFEN,INC:' · Agenda Item 1 P~ge 2 POLICE: Lighting on the rear of the building should be such that the design directs lighting straight down toward the ground and not out horizontally toward residential dwellings that back up to this site, FIRE: No comments. STORMWATER: The parcels are currently separated by a retaining wall due to the wide difference in elevations. Working with the entire site will ensure that drainage issues from the large change in elevations are resolved. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers, which are provided below. Comprehensive Plan: This proposal falls mainly within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. The northernmost portion of the property is designated by the Plan as being within Strategic Growth Area (SGA) 6. Evaluation: Since 1983, this site has been the subject of four rezoning requests for non-residential uses. Each request was denied. Staff recommended denial of each request because they were not consistent with the Comprehensive Plan recommendations. The current Comprehensive Plan recommendation is provided above. The Primary Residential Area does allow for uses of this type in locations such as this provided that the "established type, size, and relationship of land use, both residential and non-residential, in and around [the neighborhood]" is used as a guide, The fundamental land use question raised by this application is what is the best land use solution for this site? Is it the existing land use, or if it is something different, what is it, and how should it relate to the surrounding area? Staff's evaluation of those questions and this proposal leads one to conclude that the applicant's proposal as proffered represents an appropriate land use solution for this site. The location of the existing lots on this major collector roadway opposite an intensive commercial use deems them an unfavorable location for single-family residential development. The size of the site and its long and narrow configuration deem it an unlikely candidate for a well-designed, quality multi- family residential development. Staff's conclusion, therefore, is that the site is best suited for a well- desiqned community-oriented office or light commercial center that serves to protect and enhance the surrounding area. The applicant's original submittal with this application requested a B-2 Business District. However, based on staff's conclusion in response to the questions above, the staff requested, and the applicant provided, a revised application and proffers that limited the use of the property to the less intensive uses allowed by MICHAEL D. SIFEN, INC. . Agenda Item 1 Page ~ the B-1A Limited Business District. Staff also worked with the applicant to make sure that the proposal meets the guidance of the Comprehensive Plan pertaining to this type of use adjacent to a residential area. The building is low in height, consistent with the homes in the adjoining neighborhood. The proposed exterior building materials are neutral in color to blend with adjacent properties and to not detract. The rear of the property is buffered by landscaping, ensuring the neighborhood is protected. In sum, staff concludes that the proposal is an acceptable land use and site design for this location, and recommends approval as proffered. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (91 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be developed substantially as shown on the exhibit entitled "EXHIBIT TO ACCOMPANY REZONING APPLICATION FOR L YNNHAVEN SHOPPES, VIRGINIA BEACH, VIRGINIA" dated 09/29/06, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). PROFFER 2: When the property is developed, it shall be landscaped substantially as shown on the exhibit entitled "PROPOSED SITE CONCEPT L YNNHAVEN SHOPPES, Michael D. Sifen, Inc.", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Landscape Plan"). PROFFER 3: The exterior of the retail shoppes shown on the Site Plan shall be substantially similar in appearance to and shall utilize the external building materials as designated on the exhibit entitled "NEW RETAIL SHOPPING CENTER AT NORTH L YNNHAVEN ROAD, VIRGINIA BEACH, VA.", prepared by Covington Hendrix Anderson Architects which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (here.inafter referred to as the "Elevation Plan"). Any roof mounted mechanical equipment shall be screened from view. PROFFER 4: When the property is developed, only freestanding monument style signage may be erected on the Property, constructed with a base matching the material and predominant color of the retail shoppes. All building mounted signage shall be channel letters on a raceway (Le. no block signs) and only the lettering may be illuminated, PROFFER 5: A photometric plan (Le. lighting plan) for the parking area shall be submitted for review with the Site Plan. In addition, wall mounted security lighting (Le. "wall packs") which are motion activated shall be installed on the MICHAEL D.SIFEN,INC. .. Agenda Item 1 Page 4 western (i.e. rear) wall of the building at a height not to exceed seven feet (7') above grade. PROFFER 6: The servicing (i.e. pickup and tipping) of the dumpster on the Property shall not be permitted prior to 8:00 AM or after 4:00 PM. The dumpster enclosure will be wood with brick corner posts that match the materials of the building exterior. PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The seven (7) proffers listed above are acceptable as they dictate the level of quality of the project and ensure that the project will be compatible to the adjacent neighborhood and surrounding area. The City Attorney's Office has reviewed the proffer agreement dated September 29, 2006, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. 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. c>" ,.. " ... ' -",'. MICHAELD.SIFEN,ft-JC. Agendalt~f1 8€lg~ 5 AERIAL OF SITE LOCATION'," ,._-. ''-c,. MICHAEL D. SIFEN,INC. . Agenda Item 1 . Page 6 I J); 'Y I I l :: 1 ~/ .-'~/'" ~~~;' t~~ ~3f ~~~~ ->:~ c:- ", .~, ___________---T ~ I ~~ ~ ~~ C .: - ';~: .- ~ ~.~ au ' ::;:-;>- ,-'"'-;:: ~,;t~~ ~ "- i <. .- l--,..l-.~ . .I ""~' . :.0...: I l..f';';~' ----i '....,~' ~ =~:::~ -i, -$' / -: ~~-li< ~~ ;-~\ @1~l- ~ ~ ~~".h~\ ,; ~; , Iii f-- (, -'--4i~ /.'.'~' I ..~.. . -" ! I :-- ".' ,.,~.... '-l 1-- ~~ ----. ! I '. ~, : ~ ~~ i n I r-- ;~ iJ----- ,.l~ 11 , j! t;:)~ " I Hi;= i~l ~-----~l\ ~, 61' ' '@ 0\ -~ , _,..;4,. ~..~ -- -e:!" ~~ ---~, .----:1$. .' =w .'. ~.. ,'f,~~;)/ ;~ ~ ; :i,I,: ~.; ii J~~~~~~~ =7' :-- I' . ,5 I i!E::l I i Oll. I ~~~ i , ~~~\ : ~~~! i c: >-~ I O'...,j~ i PROPOSED SITE PLAN MICHAEL D. SIFEN, INC, Agenda Item 1 Page 7 _^ 'H::'I~~II\ avo~ N3A VHNNA 1 Hl~ON IV ;!I3J"'3:>~ _aa_ i .~ 8 I .! ~. .. s J" ... .& ~ c! i:i:i :::l :E (,) I ! J '(i z .n ... iii i; H. :=1 ;Ia 1=1 ".. -'" PROPOSED BUILDING ELEVATION MICHAEL D. SIFEN, INC. Agenda Item 1 Page 8 3'~ .. .. !1; . .. . ':-f ~;a ~: " . ~T': ~ _,;. ~'I~ ~::ii "': ..~~ .ll..i" ,-1:1 ~:aI ...B._ . . I l ..., , '" .. ! - z o i= - < > UJ -' &II .. W o Cii~ 5~ -' - ~ .. ~ ~ .., . ~ PROPOSED BUILDING ELEVATION MICHAEL D. SIFEN, INC. Agenda Item 1 Page 9 Map H-7 M~p Not to Sc~le Conditional Zoning Change: from B-2 & R-1 0 to Condo B-2 1 12/11 /67 RezoninQ R-S3 Residence Suburban District to C-L3 Limited Commercial Approved 07/12/82 Rezonina R-5 Residential to B-2 Community Business Denied 08/08/83 RezoninQ R-5 Residential to 0-1 Office Denied 08/11/86 RezoninQ R-5 Residential to B-2 Communit\ Business Denied 2 08/26/97 Conditional Use Permit (Motor vehicle sales Approved 09/1 8/89 Conditional Use Permit (Motor vehicle sales Approved 12/14/87 Conditional Use Permit Motor vehicle sales Approved 3 01/14/92 Conditional Use Permit Automotive repair) Approved OS/29/90 Conditional Use Permit Gas & car wash) Approved 4 1 0/1 4/97 Reconsideration of Conditions Approved 12/1 2/88 Conditional Use Permit Automotive service Approved 5 05/13/97 Conditional Use Permit Motor vehicle sales, service & truck rental) Denied 6 07/01/97 Conditional Use Permit Motor vehicle sales & service) Approved ,". ""-,-,', ,,;;. -,;,."...".-:,- . 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E"" ..~ ~~ 0., - '" ~~ i5 .g~ ~"5 !~ ""I: 0.- ca';'; e ~g .r: 0. -Q. .... :5... ",,s ".c: !~ .5 Q. !S:2 .c-Cf) c: 'i~ -<II <t>- .- <II ...- 00- !; 10 di ;;J J:> e .;; Ii :E .. ~ ..: .. 0. r:: o ! ~ o u .. ... o :l:c ~.2 ~~ ~lij ~~ !'g ~~ ~e- ::8 i~ Ql " .c:~ ~~ ~o Uo >( .2 t ~ e 2 ~ a << f ~~~ ';;i~i g;:l H~ DISCLOSURE ST ATE.rlI1ENt't'- .. .. o ! N ! I \,....... ~ J t MICHAEL D. SIFEN, INC. Agenda Item 1 Page 11 Item # 1 Michael D. Sifen, Inc. Change of Zoning District Classification 251,263 and 267 North Lynnhaven Road District 3 Rose Hall January 10,2007 REGULAR Barry Knight: We will now get into our regular agenda portion of the Planning Commission meeting, Mr. Strange, will you call the first item to be heard please? Joseph Strange: The first item is item #1, Michael D. Sifen, Inc. Application of Michael D. Sifen, Inc. for a Change of Zoning District Classification from B-1A Limited Community Business District and R-lO Residential District to Conditional B-2 Community Business District on property located at 251, 263 and 267 North Lynnhaven Road, District 3, Rose Hall, with seven proffers. Eddie Bourdon: Mr. Strange? Chairman Knight and members of the Commission, for the record, my name is Eddie Bourdon, and I have the privilege of representing Mr. Michael Sifen on this application for a Conditional Rezoning. I'm just going to pass this around and I know you have it both on the Powerpoint and in your packages copies. These are the elevations, and they are a little bit easier to see, and a little more detailed. If I could just pass this around while I make the presentation. I dare to be brief. I know this was on the consent agenda. The property involved, which many of you are familiar with, is an assemblage of three parcels of land totaling 1.22 acres located on North Lynnhaven Road adjacent to Big AI's Muffler Shop. That would be right here at the corner of Virginia Beach Boulevard and Lynnhaven Road. Lynnhaven Road as everyone is aware is not a residential street at this juncture. It is an arterial. Across the street you have a Checkered Flag car dealership, which is a nice facility, and well maintained but certainly is heavy commercial use as is Big AI's. This piece of property right here which is in the opportunity area is zoned B-2 but the remainder of this property is all zoned R-lO residential, and is not really a good spot for residential. There is a duplex and an older home there, and it has been in a number of requests to try to find a more appropriate use. Also, this property is in a high noise zone, and residential use is not recommended under our revised Comprehensive Plan, so to divide the R-lO, which could be divided into four single-family home sites would not be consisted with those goals either. What we endeavor to do is to create a neighborhood commercial center of high quality located on these properties. I also want to mention that the owner of these properties also owns this single-family home here adjacent. We have left that out using that to buffer the final two homes that are located on North Lynnhaven Road. So, this property is owned by the owner of the property from whom my clients are buying and proposing this development. The development is a B-IA rezoning, which is neighborhood commercial. We've done everything we've been asked to do with regard to the staff. We've moved our entrance Item # 1 Michael D. Sifen, Inc. Page 2 down. We also eliminated using any access to the rear of the building. You will notice that on the site plan. We've got heavy landscaping back here. We have a six-foot vinyl no maintenance fence along the back. Most of the homeowners also have fences. I think that the fence that we're proposing, I think everyone agrees is a nice fence. We have also agreed to fence off the ends of the building. There will be a gate here and a fence here, so that this area is not accessible to anyone who might feel intent or try to hang out back there. So, this area with heavy landscaping will also be fenced on either end of the building connected to the solid fence across the rear. There are no entrances in the back. No sidewalks in the back. No any of that. All deliveries will take place in the front of the building to this neighborhood commercial center. We have also provided an opportunity, if this property, again, if this is redeveloped in the future for access to be provided. There will be a cross access easement if we left that open as an opportunity. That is one thing that traffic folks would like to see, and I'm sure a lot of folks would like to see that corner redeveloped at some future time. We got a dumpster here. It is the only logical place for the dumpster, which we heavily screened, and we also got it totally enclosed with a solid enclosure matching the exterior of the building. The HV AC on the roof will be buffered. We've got lighting in the back. It is wall pack lighting. It is motion detection that is seven feet in height. This is all based on a meeting we had with the neighbors in the rear discussing ways to make this as compatible to their uses as possible. Again, we are in total accord with the staffs recommendation. We don't see whether it can be a more appropriate use of this piece of property. Mike Sifen has done a number of very high quality projects in Virginia Beach. He has won awards from this Commission and we believe this is a very high quality proposal as you have before you, Barry Knight: Thank you Mr. Bourdon. Are there any questions for Mr. Bourdon at this moment? Thank you. Eddie Bourdon: Thank you. Mr. Strange? Joseph Strange: Speaking in opposition we have Henry Baker. Barry Knight: We1come sir. Please state your name for the record. Henry Baker: Good morning. My name is Henry Baker. I live at the property. Barry Knight: There is a laser in front of you. If you could just pull it off the Ve1cro and push the button and point it. Henry Baker: Actually this is my property. This has come up a few times. This is like the least evasive thing into a residential area. There are a couple of questions that I have. The plans that were proposed to me, and the plans in this packet are different then what he is saying. The plans up there have rear entry doors. I don't understand what is being proposed. That was one of my questions. The fence on the plans of the City is not included in the plans. The plans that he gave the neighborhood and a lot of people in the Item # 1 Michael D. Sifen, mc, Page 3 neighborhood did not want to come today because they were told that what was ever on the plans they were going to do, and I just wanted to make sure that all those were addressed. I'm not quite sure of the total rear height of the building is. I know it is within the proposed zoning, the screening for the HV AC. I just hate to see it be an eyesore. I know Category I landscaping is different than Category IV between the different proposed rezoning. The proposed one that we were given or the neighbors that were concerned were going to plan Leyland Cypresses to kind of break the buffer zone between us, and the proposed building. I don't know if that is still in effect. I mean, if he is zoned for Category I can he choose not to do that? Barry Knight: Mr. Baker? What is going to happen is that this is a proffered agreement? You are raising some concerns, and then the representative, Mr. Bourdon, is going to come back up here and hopefully answer those concerns to our benefit. He has heard your concerns. We've heard your concerns. If you have some more please continue. Henry Baker: And then maybe put the dumpster in a different location since the property owner now is the property adjacent to it. Maybe we can have it enter a different way. It is 14 feet right off my property line. I don't want to see a 25-foot brick wall, and I'm not quite sure that if it is split brick. I can't read the plans that he submitted to the City, I'm sorry if I'm going over. They stipulated no alcohol sales. I didn't see any of these as proffers. So, I think the best use for the property is what it being used now but I think a little bit more work maybe would ease the encroachment on the neighborhood. Barry Knight: Thank you. Are there any questions for Mr. Baker? Ms. Wood? Dorothy Wood: Mr. Baker. I certainly understand your concerns. I was wondering when you were talking about the best use is a real estate office? Henry Baker: No. What is being proposed is the best use for the property is to be B-1. Dorothy W ood: Yes sir. Henry Baker: My understanding is that B-1 is to give the nearby neighborhood the business that is needed. The property now, I don't know if it is relevant but it is vacant. We've got shopping centers across the way that are vacant and the properties behind our neighborhood that are vacant. Dorothy Wood: Well, it is good to see some life come into the neighborhood isn't it? Henry Baker: Yeah. I'm sorry. I don't understand that. Dorothy Wood: Well, it is nice to see new stores that bring people into the neighborhood. Item # 1 Michael D. Sifen, Inc. Page 4 Henry Baker: They are not using the existing stores that are there now. Those are my concerns. I would agree that the housing for B-2 is not acceptable either. Barry Knight: Thank you. Are there any other questions for Mr. Baker? Thank you Mr. Baker. Henry Baker: Thank you. Barry Knight: Mr. Strange? Joseph Strange: There are no other speakers. Barry Knight: Okay. Mr. Bourdon? Eddie Bourdon: Thank you Mr. Chairman. Let me begin by thanking Mr. Baker for coming. Even he wasn't able to attend the meeting that we had with the neighbors, and his concerns very much appreciated because they are good questions. First of all, the height of the rear of the building is just over 14 feet. It is 14.4 feet. The front is taller because of the face of the building does some things architecturally but the back is 14.4 feet. We will also be screening in the back the HV AC. So, the HV AC will be additional screening but none of that is going to exceed 20 feet in height. The heavy landscaping behind.. .let me back up. Apparently on the PowerPoint, which I fully wasn't watching the PowerPoint, you have an old plan, The plan that I passed around and the plan that is in the package, and it has been that way for quite sometime. There are no doors in the rear. It is totally a split face block rear of the building. There is no access in the rear whatsoever. It was a good question. It w'as a good catch. The landscaping that is shown and is actually on the site plan is a Category I, which are heavy shrubs that grow to about 8 feet in height. We have no objection to having that be Category IV, which would be a combination of heavy shrubs and trees that would grow up to 20 to 30 feet in height. We don't have any problem doing a combination of I and III, which would be shrubs and the trees. But what is shown on the plan today is Category I landscaping, which is the heavy hedgerow that would grow up to about 8 feet in height. If that would be preferable we are certainly willing to modify that to a Category IV. The dumpster is located in the only place that it can be located. We have, again, enclosing the dumpster. We have no aversion to an agreed upon schedule to have it picked up on a very regular basis so there is no refuge that remains in there for any length of time of any substance. The issue about alcohol sales is why we conveyed to change the zoning application from B-2 to B-IA. B- 1A does not permit bars in the B-1A, so that was the intent with going with the B-IA zoning on the property. Now, we believe that addresses all the concerns that were brought up by Mr. Baker and in the conversation with the other homeowners that came to . the meeting back in December. Barry Knight: Thank you. Are there any questions for Mr. Bourdon? Mr. Crabtree, has he answered your questions? Item # 1 Michael D. Sifen, Inc. Page 5 Eugene Crabtree: Yes. Barry Knight: I'll open it up for discussion. Mr. Crabtree. Eugene Crabtree: As I said before this meeting, I think this is a very definite improvement over what is there now. There have been a number of things on that property over the years. I think this will be a benefit to the community to that area and consequently, I would like to make a motion that we approve the application as submitted. Barry Knight: Okay. There is a motion on the floor. Do I have a second? Dorothy Wood: Second. Barry Knight: Okay. I got Kathy Katsias first Ed. I'll open it back up for discussion. Mr. Bernas. Jay Bernas: Can I make a substitute motion to include the Category IV landscaping in the rear? Barry Knight: You sure can unless Mr. Crabtree would like to amend his motion? Eugene Crabtree: I will amend my motion to have a combination of Category I and Category IV landscaping in the rear. Eddie Bourdon: If I could help on that very issue. Our landscaped plan, which was proffered, actually does have the combination. It's the site plan that has Category I but our landscape plan already has it. I'm perfectly happy with it. Ijust wanted to make that clear, That is why the problem existed. We do have it in our landscape plan as Category IV. Barry Knight: Mr. Macali? Is this something that we need to address if it is already in the proffers? Bill Macali: If it is already in the proffers it is taken care of. In any event, it can always be changed between now and City Council. Eddie Bourdon: We need to clean it up. The two are not consistent. It will be Category IV. Barry Knight: Okay, Mr. Crabtree? Would you like to amend your motion? Item # 1 Michael D. Sifen, Inc, Page 6 Eugene Crabtree: I don't know exactly how say it but I amend my motion that the landscaping on the rear will be landscaped Category I, Category N, a combination thereof. Barry Knight: Change to be made between here and Council. Right Mr. Macali? Okay. Ms. Katsias? Do you concur with that? Kathy Katsias: Yes, I do. Barry Knight: I'll open it back up for discussion. If none, there is a motion to approve by Gene Crabtree, seconded by Kathy Katsias with the change in proffers between here and Council to have a combination of landscape I & N Category. I'll call for the question. ANDERSON BERNAS CRABTREE HENLEY HORSLEY KATSIAS KNIGHT LIVAS REDMOND STRANGE WOOD AYE 11 NAY 0 ABSO ABSENT 0 AYE AYE AYE AYE AYE AYE AYE AYE' AYE AYE AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Michael D. Sifen with the proffers amended before City Council. Barry Knight: Thank you. ~ J- <) (Fi3J Page 1 of I To whom it may concem: In reference to the change of zoning proposal fol' properties located at 251,263 & 267 N. Lynnhaven Rd. We, the Brown's, have sevel'al concerns. As fairly new homeowners (pul'chased in Sept 2001) we are continually upgrading our I'esidence in hopes of a long term commitment to this community. In reference to that, our futul'e plans include purchase & installation of a deck and leisure area in the back of our property where said proposal is to he taking place. Our first and foremost concem is going to be our view of the backside of the proposed commercial businesses. We would prefer that said property were to remain residential if at aU possible. We like the seclusion of the residential neighborhood and feel that there are sufficient business properties in the surrounding area and do not wish for this neighborhood to become encroached upon by any future business proposals. Ifthel'e is a need for said businesses, there is a lot of 1lIlused commercial property adjacent to the proposed site ere: Farm Fl'esh shopping center and surrounding parking lot on Virginia Beach Boulevard). If the developen and property ownen could work out a deal I'm sure that said property could become useful fol' pl'ofit again, rather than lying dormant and unused. Our second concem, is going to be that of the refuse. We understand that there will be a dumpster on site that will approximately be 15 It &om our back fence. I'm sure things will not be to pleasant when we cook out on our deck and be forced to smell the refuse or any rotting food, stale water, 01' anything else that might give an unpleasant odor from said dumpster. Our third concem, is going to be that of the noise quality. We would expect there to be an increase in ambient noise with the units used to run said businesses (i.e.:HVAC, ventUators & dumpster pickups). This concem assumes that all units will be working properly at aU times and does not consider any excess noise due to mechanical failure or improper maintenance. We know our voice is small, however we give our thoughts and concerns in hopes that we will be heard and taken into consideration for any future planning that is going to concem OUI' immediate residential district. Smcel'ely youn, Mary & Randy Brown Residential homeownen 244 Greenwood Lane VA Beach, VA 23452 E-mail: ~hro~~cox.~~! 1/9/2007 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6592 FROM: Leslie L. Lille~~ B. Kay Wilson - DATE: February 14,2007 DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Michael D. Sifen, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 27, 2007. I have reviewed the subject proffer agreement, dated September 29, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/aIs Enclosure cc: Kathleen Hassen MICHAEL D. SIFEN, INC., a Virginia corporation ELLIS G. HOLLOWAY and INGEBORG A. HOLLOWAY, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of September, 2006, by and between MICHAEL D. SIFEN, INC., a Virginia corporation, party of the first part, Grantor; ELLIS G. HOLLOWAY and INGEBORG A. HOLLOWAY, husband and wife, parties of the second part, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: PREPARED BY; WHEREAS, the party of the second part is the owner of three (3) parcels of property located in the Rose Hall District of the City of Virginia Beach, containing a total of approximately 1.22 acres, which parcels, as described in Exhibit "A" attached hereto and incorporated herein by this reference, are hereinafter referred to as the "Property"; and WHEREAS, the. party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the Zoning Classifications of the Property from R-10 Residential District and B-2 Commercial District to Conditional B-1A Limited Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to .cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1497-35-4693 1497-35-4783 1497-35-6414 1mB SillS. ROURDON. DI AHrnN & LM, p,c. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the B-lA Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physica:J. ~evelopment, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors and assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "EXHIBIT TO ACCOMPANY REZONING APPLICATION FOR LYNNHAVEN SHOPPES, VIRGINIA BEACH, VIRGINIA" dated 09/29/06, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). 2. When the Property is developed, it shall be landscaped substantially as shown on the exhibit entitled, "PROPOSED SITE CONCEPT LYNNHAVEN SHOPPES, Michael D. Sifen, Inc.", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Landscape Plan"). 3. The exterior of the retail shoppes shown on the Site Plan shall be substantially similar in appearance to and shall utilize the external building materials as designated on PREPARED BY: the exhibit entitled "NEW RETAIL SHOPPING CENTER AT NORTH LYNNHAVEN ROAD, RlSyn:s. ROURDON. VIRGINIA BEACH, VA.", prepared by Covington Hendrix Anderson Architects which has r1iu AHrnN &. liVY. P.C been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach 2 Department of Planning (hereinafter referred to as the "Elevation Plan"). Any roof mounted mechanical equipment shall be screened from view. 4. When the property is developed, only freestanding monument style signage may be erected on the Property, constructed with a base matching the material and predominant color of the retail shoppes. All building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering may be illuminated. 5. A photometric plan (i.e. lighting plan) for the parking area shall be submitted for review with the Site Plan. In addition, wall mounted security lighting (i.e. 'wall packs") which are motion activated shall be installed on the western (i.e. rear) wall of the building at a height not to exceed seven feet (1) above grade. 6. The servicing (i.e. pickup and tipping) of the dumpster on the Property shall not be permitted prior to 8:00 AM or after 4:00 PM. The dumpster enclosure shall match the color and materials of the building exterior and shall be screened with landscaping. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-10 and B-lA Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the PREPARED BY, Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted 13m STIrs, ROURDON. by the governing body of the Grantee, after a public hearing before the Grantee which was ~iI AlIfRN & LM. P.c. advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as 3 PREPARED BY, ~ SITtS. ROURDON. _ AHrnN & llVY, P.c. amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Michael D. Sifen, Inc., a VIrginia corporation By: (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29th day of September, 2006, by Michael D. Sifen, President of Michael D. Sifen, Inc., a VIrginia corporation, Grantor. . ~P)1 (\OtlOA tary Public - -- My Commission Expires: Co - 3D ' Dt;. 5 WITNESS the following signature and seal: Grantors: 7f:G11:P7 .~,j Halk Ing rg;" Holloway ~ Qe:h.l Q .Ll-O ~ r 1..JA JPubliC - My Commission Expires: LQ -.3 D - ~ . 6 (SEAL) (SEAL) EXHIBIT "A" Parcell: ALL that certain lot, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the Village of Lynnhaven, Lynnhaven Magisterial District, VIrginia Beach, VlI'ginia (formerly Princess Anne County), as shown on a map and survey made by W.E. Gallup as "Property of Melvin C. Gimbert" and recorded in the Clerk's Office of the Circuit Court of the City of VIrginia Beach, VIrginia, in Map Book 22, at Page 17 (erroneously referred to as Deed Book 251, at Page 41), and being more particularly bounded and described as follows: BEGINNING at a pin in the western line of Lynnhaven Road, which pin is S 61> 40' 00" W 25 feet from a point in the center line of the Lynnhaven Road located S 220 20' 00" E 285 feet, measured along the center line of Lynnhaven Road from the center line of the right of way of Virginia Beach Boulevard; and from said point of beginning running along the edge of the right of way of the Lynnhaven Road S 220 20' 00" E 225 feet to a pin; thence S 61> 40' 00" W 150 feet to a pin; thence N 220 20' 00" W parallel to the edge of the right of way of the Lyonhaven Road 225 feet to a pin; thence N 61> 40' 00" E 150 feet to the pin, the Point of Beginning. Said tract of land containing. 775 acre and being more particularly descnbed on said plat. LESS AND EXCEPT that parcel conveyed to the Commonwealth of Virginia by Deed dated March 11, 1986 recorded in the above referenced Clerk's Office in Deed Book 2493, at Page 1672 (see State Highway Plat Book 1, at Page 40). GPIN: 1497-35-4693 Parcel 2: ALL THAT certain tract, piece or parcel ofland with the buildings and improvements thereon, situate, .lying and being in the City of Virginia Beach, Virginia, and being more particularly bounded and described as follows, to...:wit: BEGINNING at a point in the western line of North Lynnhaven Road, N 220 20' 00" West 70.00 feet from the dividing line of the property herein conveyed and the property designated E. White, .775 Ac. (Map Book 22, Pate 17 and Map Book 27, Page 51) and from said point of beginning running along the western line of North Lynnhaven Road S 220 20' 00" East 70.00 feet to a masonary nail in the dividing line between the property herein conveyed and the property of said E. White; thence turning and running along said dividing line S 61> 40' 00" West 150 feet to a pin; thence turning and running N 220 20' 00" West 69.05 (70.00 by deed) to a pin in the dividing line of the property herein conveyed and the property now or formerly Lessie M. Gimbert (Map Book 93, Page 6) and from said pin turning and running along the said dividing line between the property herein conveyed and the property of the aforesaid PREPARED BY: Lessie M. Gimbert N 670 18' 14" East 150 feet to a masonary nail in the western line of North . SYk'lS, ROURDON, Lynnhaven Road, the point of beginning. AllrnN & lm. P.c. 7 LESS AND EXCEPT that portion acquired by the State Department of Highways and Transportation by Certificate of Take recorded in the Clerk's Office of the Circuit Court of the City of VIrginia Beach, VIrginia, in Deed Book 2519, at Page 2118. GPIN: 1497-35-4783 Parcel 3: L THAT certain tract, piece or parcel of land with the improvements thereon, lying, situate and being in the Lynnhaven Borough in the City of VIrginia Beach, Virginia, and designated and described on a certain plat of survey entitled "Property of Melvin C. Gimbert, located near Lynnhaven-Princess Anne County, VIrginia", dated Aprll12, 1951, made by W.B. Gallup, which plat is du1y of record in the Clerk's Office of the Circuit Court of the City of VIrginia Beach, irginia, in Map Book 27, at Page 51, designated on said plat as "Melvin C. Gimber (sic) .33 acres" and more particu1arly bounded and described as follows: BEGINNING at a pin on the Western side of Lynnhaven Road at the dividing line between this property and the property marked "E. White .775 acres", on said plat and from said pin running thence South 67 degrees 40 minutes West 150 feet to a pin; thence turning and running South 22 degrees 20 minutes East 101 feet to a pipe; thence turning and running North 63 degrees 51 minutes East 150.3 feet to a pipe in the Western side of the right of way of Lynnhaven Road; thence turning and running along the Western side of Lynnhaven Road North 22 degrees 20 minutes West 91 feet to a pin, the point of beginning. THERE is excepted from the above conveyance that certain parcel of land conveyed to the City of Virginia Beach, VIrginia by deed, dated June 9, 1986, as described in Highway Plat Book 7, at Page 53, which deed is recorded in the said Clerk's Office in Deed Book 2509, at Page 1576. GPIN: 1497-35-6414 ConditionalRezone/SifenjLynnbavenShoppesjProffer PREPARED BY: r3IB STIrS, ROlrnDON. m AHffiN & LEVY, P.c. 8 + r Map B-C 5 Mo Not to Scole CUP for Dormitory ~,.......- r &A--~ ~~y %~J ~ CITY OF VIRGINIA BEACH AGENDA ITEM "'" \.. ~ ITEM: Application of Virginia Wesleyan College for a Conditional Use Permit for student dormitories on property located at 5817 Wesleyan Drive (GPIN 1468032646). DISTRICT 2 - KEMPSVILLE MEETING DATE: February 27, 2007 . Background: Virginia Wesleyan College is requesting a Conditional Use Permit to allow the construction of 72 student dormitory units within two (2)-story, townhouse-style buildings. . Considerations: The conceptual plan depicts two phases of construction: Phase 1 includes 24 units within six buildings and Phase 2 includes an additional 48 units within 11 buildings. The plan also depicts an additional 325 parking spaces. The submitted elevation drawings depict a two (2)-story structure with a brick exterior and a black, architectural grade, asphalt shingle roof. Architectural elements include bronze standing seam metal roof at entries, brick soldiering, white precast concrete at the watertable level, and precast concrete window trim. The impact of this request on adjacent properties is negligible. These buildings will not be highly visible from any adjacent properties nor from any public rights- of-way. The design of the proposed buildings is in keeping with the existing structures on the campus, and the location of the new dormitories is logical in terms of the overall layout of the campus. This expansion is an appropriate use on this site and will further enhance the college campus' existing character and quality of life, The Planning Commission placed this item on the consent agenda because the proposal is compatible to the existing campus and the surrounding area 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: 1. The site shall be developed in substantial conformance with the Concept Plan entitled, "Conceptual Site Layout Plan of Virginia Wesleyan College, Student Housing Village IV," prepared by MSA, P,C., dated 12/06/06, Virginia Wesleyan College Page 2 of2 2. The overall size and massing of the proposed dormitories shall be substantially as depicted in the rendering entitled, "Elevations of Virginia Wesleyan College, Student Housing Village IV," prepared by Covington Hendrix Anderson Architects, dated 12/01/06. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining properties. . 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:~ It-, ~~ VIRGINIA WESLEY AN COLLEGE Agenda Item 1 February 14, 2007 Public Hearing . 1 Map B--C 5 Moo No't 'to Seole Staff Planner: Carolyn AX. Smith REQUEST: Conditional Use Permit for student dormitories. ADDRESS I DESCRIPTION: Property located at 5817 Wesleyan Drive. GPIN: 1468032646 COUNCIL ELECTION DISTRICT: 2 - KEMPSVILLE SITE SIZE: 300 acres The applicant requests a Conditional Use Permit to allow the construction of 72 additional units of two (2)-story, townhouse- style, student dormitories on the campus of Virginia Wesleyan College. SUMMARY OF REQUEST The conceptual plan depicts two (2) phases of construction: Phase 1 includes 24 units within six (6) buildings and Phase 2 includes an additional 48 units within 11 buildings. Additional parking is proposed with 325 spaces depicted on the plan. The elevation depicts a two (2)-story structure with a brick exterior and a black, architectural grade, asphalt shingle roof. Architectural elements include bronze standing seam metal roof at entries, brick soldiering, white precast concrete at the watertable level, and precast concrete window trim. LAND USE AND ZONING INFORMATION EXISTING LAND USE: College campus SURROUNDING LAND USE AND ZONING: North: . Wesleyan Drive . Undeveloped . Single-family dwellings / R-15 Residential District . Apartments and townhouses / A-18 Apartment District ~';..,__3":'h ; j.;:v~, ..': > \"~t-- < .'-',- '&''.'':'' South: ,~", '" -, "".,;,_.., -,.',,- ~ ~. \':1<;_" ',; ,- ';. ", '''',^.'''' ,<,.v, ;;'...".,j/;:>< VIRGINIA WESLEriNCOLLGE ) Agenda! 1.. ...~ 1 East: . Baker Road . townhouses, church, apartments / R-1 0 Residential District, A- 12 Apartment District . Retail / B-2 Community Business District West: . Woods . City of Norfolk NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay Watershed. The campus is a mix of mature wooded areas, open grassed areas, and buildings and parking lots associated with college campus learning and living. The majority of the site where the proposed dormitory will be built is wooded. There are some nontidal wetlands in the vicinity of the project. If impacted, the necessary permits must be provided during final site plan review. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Wesleyan Drive in the vicinity of this application is considered a two-lane undivided local street. It is designated on the MTP as a 125-foot wide divided right-of-way with a bikeway. There is a Capital Improvement Program project (CIP 2-145) to upgrade this roadway from the current two-lane section to a four-lane divided section. Construction is scheduled between 2008 and 201 O. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Wesleyan Drive 19,652 ADT 1 6,200 ADT (Level of Existing Land Use i<_ Service "C") - 11 ,100 ADT 3,332 ADT 1 (Level of Service "E") 4,017 ADT Proposed Land Use 3 Average Dally Tnps 2 as defined by 1,400 existing students 3 Existing students plus an additional 288 students (4 students per unit) WATER: There is an existing two (2)-inch water meter and an existing six (6)-inch fire suppression meter that may be used or upgraded. There is an existing 24-inch water main in Wesleyan Drive and a 12-inch water main and a 30-inch raw water line in Baker Road. SEWER: There is no City sewer service within the vicinity of this site. This site is connected to an HRSD force main. Approval from HRSD will be required to increase any flows. POLICE: The Police Department provided extensive comments and suggestions to the staff pertaining to the need for crime prevention to be integrated into the design of the site and building. The commen!~J,j(lpCl,!;'1:i~ular, J- ' VIRGINIA WESLEYAN COLLEGE... . Agenda Item .1 .. P~g~2 dealt with 'natural access control,' natural surveillance,' and' territoriality' issues. Those recommendations have been forwarded to the applicant's design team. Staff also encouraged the applicant to meet with the Police Department to discuss the concerns, The Police Department also noted that, "as a matter of public safety, the developer/owner is encouraged to provide a photometric plan for review/approval by the Police Department or appropriate city staff. The lighting plan should include the height of poles located in the parking lot along with the location of all pole mounted and building mounted lighting fixtures. The plan should also list the lamp type, wattage and type of fixture. It is recommended that full cut-off fixtures be used for parking lot lighting. To the greatest extent possible, lighting should overlap and be uniform throughout the parking lot." Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan identifies this site as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. Evaluation: The impact that this request will have on adjacent properties is negligible. These buildings will not be highly visible from any adjacent properties nor from any rights-of-way. The design of the proposed buildings is in keeping with the existing structures on the campus, and the location of the new dormitories is logical in terms of the overall layout of the campus. This student dormitory expansion is an appropriate use on this site and will further enhance the college campus' existing character and quality of life. As the proposal is consistent with the existing campus development and compatible with nearby residential uses, Staff recommends approval with the conditions below. CONDITIONS 1, The site shall be developed in substantial conformance with the Concept Plan entitled, "Conceptual Site Layout Plan of Virginia Wesleyan College, Student Housing Village IV," prepared by MSA, P.C., dated 12/06/06. 2. The overall size and massing of the proposed dormitories shall be substantially as depicted in the rendering entitled, "Elevations of Virginia Wesleyan College, Student Housing Village IV," prepared by Covington Hendrix Anderson Architects, dated 12/01/06. 3. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining properties. /,. VIRGINIA WESLEyY"ANCOLL~GE .Agendal~~r .1 R~gEJ:3 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. ',.<V> '0:..,-' , VIRGINIA WESLE~:ANCOLLe.GE (}1.gendalt~f1. .F't~9~4 AERIAL OF SITE LO,Q4'l:I(n~,1:-:,." . .,...'...,.'..'..... '" /_', ..._..-......-,...:.. '_.C'''. '0','.' .,'. .......;;.,". C""'. , .::........ "0'-" .. '.. ......... .','.0 ':,,::. '<>-'--'>':':-:;'" VIRGINIA WESLEYAN COLLEGE . Agenda Item 1 Pag~ 5 -- (I) 00 (I) - - 0> u- Q) c ~ ttS12 ,... >-= 0(1)> l;- ~ E: V) c: .., Q) .- :J ~ ~ ~ ::::J ~ 0 ~C'OJ: III .- .., iU c: c: :J._ Q) E. 00- QI ~ '" ~._ ::::J o > .., u V) ~ ~ ~ 't: V o Z C /Xl III III .!"2 ;l 1il ~ 5 'I' !:~ f I II !I (i ft i \ . '\\ ,: / ~'" \" l ~~. '. ;._. i:~, \~ ~ /1 ~; ~-p_ \~// "' i! /; ~L~-- r I '!1 l -- cr( ~\\ .' (f . ':ID---L.' 1 r~~ ~ \\ ~. ji -~:~~ "\~ \vr lID \\ , _ _.. ~' - c,._ \\ '-'; ',\ ~ '0 /c jl 1 . '~~,i~t ;', '0- I /" :1 ". ~;, ~--IH: \\ il '0. ,,} il 10 .'c'" -.->.> ,\ ., J ,"~r0';/:;pn ~~ [?" '~~>fJ !..;/ ,. ~ t ~ ; I . " r /J/ . I F""""-::J . 'c<,,),~~ . ;\;,--u-. '~.".' 1/ v ((;'~~\;."tj~)........ ,,'jJ. {" ~.:.::-.. i ,f' \v..,.~. ~~.. f-",",' // ~~i \\\~;,~ /' '" i,~ I. fi ",' . ~ . // :I> \')...;; /. ~ // " -p; HJ/.',,~ r ~ /1 . !'V,J .~.:.;;. 1/ // ___ f""\ /0V' 'r'~ .-,' r// ~ ~\ \ ..o:==~. '''C',}!>.:'../. =-- .,..-----= -=- I., ;p:- . ". >}:'.; '/ '~~ \ \ _' '''. ",.:v ,. : t~\ . " .f \ ~H: :~ \ \ } " t:'i ;ii ~.. e . ,,~~_, ~..~~ ?~~::<~_' ,- i,e.=- ..=.--__.co.-c=:, ~h ~~f~~.-- t!~J~ . .. +.. ~ ~r-++H I f .1 .sn .IIJ 1 itll \D ll. 11111 .5( I 4,'. o~ 11.cU ~ i Jllil ~~ 11ft. 01 hll \ all III!!! ~ ul PROPOSED SITE PLAN VIRGINIA WESLEYAN COLLEGE Agenda Item 1 Page 6 Left Side .Elevation ScaJe:1 1/2--11'-0' -... - ..>><A ,- .... - Right Side Elevation Scale: 1 1/2- - 1'-0" PROPOSED BUILDING ELEVATION ,," .- ,,~ '~/~-,';::iC":':'~'" ...c." VIRGINIA WESLE~ANCOL.LEGE . '.,AgendaI1. "j , ..".....,,,,, "{ c: · 09 .,... as. ~N -' w'" ... ...... t'lS. u ~l PROPOSED BUILDING ELEVATION . ... - ~ '.-...0...."......... ' ~:~-::.-,-;"" ,~>: :~~,,; - - ; c ~..~ t'lS I ~k -,' w... ..,... c .. o · &t] ;':~ ' "'< VIRGINIA WESLE~~NCOLL~GE ..Agendalt~tn MaP B-C 5 Mo flTot to Scole t r Q~- ('0- IL 0"1\< , l:!ey.)Gt CUP for Dormitory 1 04/27/04 CUP (student dormitories) Granted 04/24/89 CUP (school) Granted 2 08/28/01 MOD Granted 12/16/97 CUP (church) Granted 3 03/11/97 CUP (church) Granted 4 06/22/99 CUP lorivate school) Granted 5 02/22/94 CUP (private school) Granted 10/19/87 CUP (church addition) Granted 6 11/28/83 CHANGE OF ZONING (R-5 to A-1 ) Granted ZONING HISTORY "..,;;'t',,,""" ,,,-'-, ./,;-,.;...,~ . "", ;"':, ':--<. .c'-., . '_.~,.,. .... ,""", :-, ,-.-." -", .' ,'<:;... . M/ .~:' . ,.. ," : '. -.~--;";'''':? "':--:_:'::'-:">"';.,"':> ,...., VIRGINIA WESLEYAN COLLEGE ". Agenda It~m J . Pcige9 ,I l ~ ~ z ~~t :~." i :'..J: _v.l~ j >~o .f~ ~.:iij; ~ J g"'" j ~ ~ i~ -~ j.~ it 1 NOLLVJnddV lImIHdHSn 1VNOWaNOJ 'i iii (; c. 8 s:: 'E ::l Ui .s:: (5 ... o iii :!l ;;; S I ~?; C <1> o o <1> s:: 'fi) ::J :> 'g $ ~~ o! ~ <l> ~~ .- ~ :2~ .g~ "'- ~g !;::: &~ ~.;..: ~~ tCo:.= J:Q. _0. "'''' =4> on: :~ Cb:: .5 0- ~:: .Q~ ""0 (IS:;:: _tll .!! q; lD ...J ~ c: o Z t ., :> E ~ .... Z LIJ ~ LIJ ~ ti LIJ a: :J (I) 9 o en C <Ii 8 iii lE ~! ~ iP' O,g '0 de ~~ ~": :g! i .....9- fU Q) ';i z~ : l5 ,g ~ ~ ,.~,; '0 ::i ~ :g>i:; j ~ ~.~ ~ ~ 2 <~s~~ s ... 'li ~.!~.;::.~ ~-; ~;i tJ> 8ii;""E; ~ CtIo..i.! q '" E <.> . i 8 ~~ 8- III .: <II . 8 ~.2Q)~~ ~1i; c a :-'~ii .E : ~..J. Co ~ 15_ ~ N o ,;; ., <l> t ,~ i~ E ..; t:i :E '" Ci l: 1:: Ol Q. r:: .2 ~ o Q. o " .. 6g I ~.~ .='c I ~ ~ go 0.." g.2 <ne .s::o -Q. 418 i ~.s II!i t <1> .0 E G> E ~ .::; ~o eo ~~ W<Ill!! irE':: iii ~.gl 'O~ 0- - .. III ..10. ~ E .. ~ ;? -;;:: -C)(G. - !l ~ ci...5 c g Q'5'=~G>C: a::,~e==~ ~~$.g~~ 3:~€.!"'':;: oo~;;~ ~~g:ig~ Ir ~:= Co.e ~ ~i~ ~~ ~'~or;;-~.8 Q..~~~~.2 O"'N3:4> C:':'Cou)" ~ ~ ~~ G3 15~o~€ ,~ 1;' j e :i -Sie~t ~ 2 e.-;$ ~ -"o.Ot,;;CR ~!g:::;.5 O;'c O~::S~ e G> <.> :e o ~ C 4> '" ., <l> c: a; ::J :> ~ .!!! s~ ~~ 0., -~~ .!! ~ ..,.... !~ ::J:..::: '1'.:;: ~~ a.~ ..:.;; ~~ to;:::;: .l:Q. I_a. "'''' : ell 0: t !~ 3: .S 0. CI)'::: ~~ =0 tV;: _tll S'! N if ..; .g. ~ .. .5 is Q. Ig l~ l!! ~.: 8:8 ...=: 6'~ <t~ ..0 .~s c:.. I ..... I ~~ ig a._ 25 Q.~ <l) <1> s;:.:; ;0 e is !~ -co ..,<1> <.> c: ~ -;; u,g o <"- 0; e '" .s .. .!l g -0 .2 ~ .. '" to 0. 'l( ! " ~ .., III ,s .5 ;;; e t) :s c: III '" > '" .:; "" <J .. Ql co '" ~E .~ :> o 2:' 0 U <ii .! I~ :a~1 ~ :z= ~ I ~ ~ IE ~ ., ~ Q <1> 'iQ>$ Q c-- .!! ~~iii a ~ i. U) Q.) q) 8:g-~ Q Ul .~ 3 l ~ t:. 8 "ISi~ il f c..~ "Ii : '0 l!:! ::J -; c: G> .; -0 c: '" 4> .. >- .2 Cl. ~ ;<./ VIRGINIA WESLEY'1\NCOLLEGE , Agendalt@~J tg~~~:;10 .. .""." Virginia Wesleyan College Board of Trustees 2006-2007 Officers: CHAIRMAN VincentJ. Mastracco, Jr. VICE CHAIRMAN George Birdsong SECRETARY O. L. Everett TREASURER Richard D. Roberts Jane p, Batten David L. Bernd George y, Birdsong Gary D. BonneweU:79 Clarence R. Bro'wn (ex officio) Thomas C, Broyles Lynn Clements Robert W. Collenberg lI'90 John M. Cox Robert DeFord O. L. Everett Wendell C. Franklin Susan Goode William T. Greer, Jr, (ex officio) Charles E, Harris Myrtle Frances Hatcher (ex officio) Roy Hendrix Charlene Payne Kammerer (ex officio) David Kaufman Lemuel E. Lewis John E, Lingo, Jr. Frederick V, Martin Dan Mason/88 Vincent J. Mastracco, Jr. Charles McFadden E. George Middleton, Jr. Emily S.Miles Jerrold L. Miller * Deceased Tassos J, Paphites Richard D. Roberts JeannieP. Ross William S. Shelhorse, '70 Anne B. Shumadine Susan A. Torma,'72 Mark Towe John N. Vest (ex officio) Trustees Emeriti Jerry G. Bray, Jr.* William 1. Fanney Helen C. Hoffman Henry C. Hofheimer II* Kenneth R. Perry* Ralph G. Roop* Mary Wright Thrasher DISCLOSU RE ST AJ'I;,I\l(ENt';"., Item #1 Virginia Wesleyan College Conditional Use Permit 5817 Wesleyan Drive District 2 Kempsville February 14,2007 \ CONSENT Barry Knight: Our next order of business will be the consent agenda items. Our Vice Chairman, Ms. Anderson, will take care of this portion. Janice Anderson: Thank you. This morning we have nine items on the consent agenda. The fIrst one that I will call will be agenda item 1. That is the application of Virginia Wesleyan College for a Conditional Use Permit for student dormitories, on property located at 5817 Wesleyan Drive, in the Kempsville District. Is there a representative from Virginia Wesleyan? Good morning Mr. Perry. Michael Perry: Good afternoon. My name is Michael Perry, and I'm representing the applicant. With me is Bruce Vaughan from the college. We have reviewed the conditions and have approved them as stipulated. We thank you very much for putting this on consent. Janice Anderson: Thank you very much. Is there any opposition to this application being placed on the consent agenda? Thank you. Mr. Chairman? Barry Knight: Bruce? Bruce Vaughan: Yes. Barry Knight: Will you go back and tell your president, Mr. Billy Greer, that we missed him in his presence here today. He has told me that he also conveys a message to the City of Virginia Beach that your official address is in Norfolk, but the bulk of your college is in Virginia Beach, and that is why you are coming before us for a Conditional Use Permit - because your property is in Virginia Beach. Bruce Vaughan: Yes sir. Barry Knight: We are glad to have you. Bruce Vaughan: We do appreciate it. We appreciate the fact that you realize that 250 of our 300 acres, is in fact, in Virginia Beach. Barry Knight: Yes. Thank you. Item #1 Virginia Wesleyan College Page 2 Bruce Vaughan: Yes sir. I'll pass it on. Janice Anderson: The Chairman has asked Henry Livas to review this application. Henry Livas: This request is a Conditional Use Permit for student dormitories at Virginia Wesleyan College. The applicant proposes to construct 73 units of two-story townhouse - style, student dormitories on the campus of Virginia Wesleyan College. The conceptual plan depicts twenty-four (24) units within six (6) buildings for Phase I construction, and an additional forty-eight (48) units within eleven buildings for Phase II construction. The plan also proposes 325 additional parking spaces. The design of the proposed building is in with keeping with the existing structures on the campus, and the location of the new dormitories is logical in terms of the overall layout of the campus. This request will have no practical impact on adjacent properties. Therefore, we recommend approval of this request. 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 1. Barry Knight: There is a motion on the floor. Mr. Crabtree? There is a motion on the floor to approve the consent agenda item. The motion was made by J an Anderson and seconded by Gene Crabtree. Is there any discussion? I'll call for the question. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 1 for consent. L. APPOINTMENTS BEACHES AND WATERWAYS HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE- PPEA THE PLANNING COUNCIL M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 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 Bayside 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. CITYWIDE TOWN MEETING SCHEDULE -- Topics and locations to be determined Tuesday, June 19 Tuesday, September 18 Tuesday, November 20 ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 02f27/07 gw www.vbgov.com CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: February 13, 2007 M B L D C E L E D H C R A W PAGE: I S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D I BRIEFING: A. BUDGET EXECUTION REPORTS 1. ConventionlVisitors Bureau James Ricketts, Director 2. MuseumslHistoric Preservation Lynn Clements, Director IIIIIII IV/ V-E CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y F-I MINUTES - February 6, 2007 APPROVED 10-0 Y A Y Y Y Y Y Y Y Y Y G/H-I PUBLIC HEARINGS EXCESS CITY-OWNED PROPERTY to 6 Speakers BiI-Mar Construction, Ltd., Chesapeake Shores, Lake Joyce ARP Easement - 1800 Pleasant Ridge Road No Speakers I-I PUBLIC COMMENT WORKFORCE HOUSING 2 Speakers J/K-I Resolution toAUTHORIZE MOU with Naval ADOPTED AS 10-0 Y A Y Y Y Y Y Y Y Y Y Air Station Oceana re discretionary development AMENDED within AICUZ footprintAUTHORIZE all documents 2 Ordinance to AUTHORIZE acquisition, by ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y y agreement, adjacent toAdam Thoroughgood CONSENT House at 4337 Country Club Circlcfrom Richard G. Parise/AUTHORIZE all documents DISTRICT 4- BA YSIDE 3 Ordinance to AUTHORIZE sale of EXCESS ADOPTED 7-2 Y A Y Y A N N Y Y Y Y CITY-OWNED PROPERTY at Chesapeake B Shores, Lake Joyceto Bil-Mar Construction, S Ltd" re a three-story dwelling T DISTRICT 4- BA YSIDE A I N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: February 13, 2007 M B L D C E L E D H C R A W PAGE: 2 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D 4 Ordinance to AUTHORIZE acquisition by ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y agreement or condemnation, property on Oceana CONSENT Boulevard adjacent toWbiteburst Lake for SE Pkwy/GreenbeltAUTHORIZE all documents DISTRICT 6- BEACH 5 Ordinance to AUTHORIZE ARP with Nelson ADOPTED BY 8-2 N A Y Y Y N Y Y Y Y Y Scott Morris re easement at 1800 Pleasant Ridge CONSENT Road DISTRICT 7- PRINCESS ANNE 6a Ordinance to AUTHORIZE encroachments into ADOPTEDI 10-0 Y A Y Y Y Y Y Y Y Y Y portions of City property b}WILLIAM CONDITIONED R./KAREN P. SCHONAUERat 2 Caribbean BY CONSENT Ave re existing pier/floatlrarnp/riprap/mooring pile DISTRICT 6- BEACH 6b Ordinance to AUTHORIZE encroachments into ADOPTEDI 10-0 Y A Y Y Y Y Y Y Y Y Y portions of City Property b}CARL D./LORI A. CONDITIONED PETERSON at 2021 Falling Sun Lane, Red Mill BY CONSENT Farms, re reinstallation offence/shedlriprap revetment DISTRICT 7- PRINCESS ANNE 7 Ordinance toAUTHORIZE freestanding signs at ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y 201 Market Street re Sandler Center for the CONSENT Perfonning Arts in the Town Center DISTRICT 5 - L YNNHA YEN 8a Ordinance toAPPROPRIA TEJTRANSFER ADOPTED 9-1 N A Y Y Y Y Y Y Y Y Y S5,606,006 to Virginia Aquarium renovation: ALTERNATE ORDINANCE 1. $206,006 from General Fund Reserve for BY CONSENT Contingencies 2. $4,476,221 from Virginia Aquarium Animal Care Annex 3. S250,000 from City Counel Agenda Process Automation 4. $400,000 from Enterprise DatiInfonnation Management Plan, Phase I 5. $229,559 from Juvenile Detention Center 6. $44,220 from Red WinglVirginia Aquarium Original Exhibit Gallery Renovation 8b Ordinance toAPPROPRIA TErrRANSFER ADOPTED BY 10-0 Y A Y Y Y Y Y Y Y Y Y S166,117 to Fire Facility RehabilitatiotRenewal, CONSENT Phase II, re renovation o:IPlaza Fire and Rescue Station: 1. $63,094 from Fire and Rescue Station- General Booth Corriior 2. $26,616 from Fire and Rescue Station- Sandbridge Relocation 3. $76,407 from Various Buildings Rehabilitation and Renewal, Phase II CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: February 13, 2007 M B L D C E L E D H C R A W PAGE: 3 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECf MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D lol Variance to ~4.4(b) of Subdivision Ordinance APPROVED BY 10-0 Y A Y Y Y Y Y Y Y Y Y that all lots meetCZO for REV. BARNETT K. CONSENT THOROUGHGOOD at 172 Solih Birdneck Rd DISTRICT 6- BEACH 2 Applicati011l ofG&S DEVELOPMENT, L.L.c. MODIFIED AS 10-0 Y A Y Y Y Y Y Y Y Y Y re bulk storage at 959 Virginia Beach Blvd PROFFERED! approved December 10, 2002b1odified February CONDITIONED 14,2004: DISTRICf 6- BEACH BY CONSENT a. Modification of Proffer No. 20n Conditional B-2 b. Modification of Condition No. Ion CUP 3 TRUSTEES OF TIDEWATER KOREAN MODIFlEDBY 10-0 Y A Y Y Y Y Y Y Y Y Y BAPTIST CHURCH Modification of CONSENT Condition Nos. 112 at 301 Overland Rdre gymnasiuml'pprovedonJanuary 13, 1998 DISTRICf 2- KEMPSVILLE 4 V A BEACH RESORT,cONFERENCE APPROVED 9-1 Y A Y Y Y N Y Y Y Y Y CENTER CUP at 2816 Shore Drivere live WITH REVISED recreational facility music and entertainment CONDITIONS DISTRICf 5- L YNNHA VEN LIMITING TO 2 NIGHTS PER WEEK, CLOSING AT 9 PM AND ADDING PORTABLE SOUND WALL 5 ENTERPRISE RENT-A-CAR CUP re motor APPROVED! 10-0 Y A Y Y Y Y Y Y Y Y Y vehicle rentals at 3680 Holland Road AMENDED DISTRICf 3 - ROSE HALL CONDITIONS BY CONSENT 6 MEGAN A. HAMMOND CUP re boarding of APPROVED! 10-0 Y A Y Y Y Y Y Y Y Y Y horseslhOlseback riding at 1236 Princess AnneR! CONDITIONED DISTRlCf 7 - PRINCESS ANNE BY CONSENT 7 CINGULAR WIRELESS CUP at 5638 APPROVED! 10-0 Y A Y Y Y Y Y Y Y Y Y Baccalaureate Drive(Campus East and Lake CONDITIONED Edward) re wireless communications tOller on BY CONSENT existing Dominion Power tower DISTRICf 2- KEMPSVILLE MI N-l NEW BUSINESS Recess to Closed Session 9:57 pm 10-0 Y A Y Y Y Y Y Y Y Y Y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 1 DATE: February 13, 2007 M B L D C E L E D H C R A W PAGE: 4 S 1 E J L N U N I T E D N 0 A D H U L W AGENDA E Z y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R y S N F N A N D 2 CERTIFIED CLOSED SESSION CERTIFIED 10-0 y A Y Y Y y y y y y y 10:20 pm 0 ADJOURNMENT 10:22 pm CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOPSCHEDULE April 10 (Workshop) April 17 (Workshop) April 19 (Public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) Council Conference Room Council Conference Room Bayside High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room May 8 (Reconciliation Workshop) May 15 (Adoption) Council Conference Room Council Chamber at 6:00 p.m. CITYWIDE TOWN MEETING SCHEDULE- Topics and locations to be determined Tuesday, June 19 Tuesday, September 18 Tuesday, November 20