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HomeMy WebLinkAboutMARCH 13, 2007 AGENDACITY COUNCIL MAYOR MEYERA E OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M DYER„ Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach — District 6 RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY MANAGER -JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 13 MARCH 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 234568005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30 PM A. URBAN LAND INSTITUTE (ULI)— "PUNGO CROSSING" Report Jack Whitney — Interim Director — Planning Department B. BUDGET EXECUTION REPORTS 1. Human Resources Fagan Stackhouse, Director 2. Economic Development David Bradley, Interim Director 3. Communication & Information Technology (COMIT) Gwen Cowart, Director II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. 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 V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Allen B. Hopkins, DD Pastor, Carrow Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. OPEN AIR CAFE LEASES I. CONSENT AGENDA March 6, 2007 J. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the City Manager to grant one new and seventeen renewal Franchise Agreements re Open Air Cafes at: a. 615 Atlantic Avenue to Ramada on the Beach, LC t/a Mahi Mah's b. 615 Atlantic Avenue to Ramada on the Beach, LC t/a Mahi Mah's c. 701 Atlantic Avenue to Burlage Management Co., Inc. t/a Laverne's d. 809 Atlantic Avenue to Barclay Restaurant Corporation t/a Barclay Towers e. 812 Atlantic Avenue to NWG, Inc. t/a Kimbels f. 910 Atlantic Avenue to Atlantic Bistro, LLC t/a Ribley's g. 1101 Atlantic Avenue to TC JR, Inc. t/a T Casper's Deck and Galley h. 1905 Atlantic Avenue to Osprov Respublik, Inc. t/a Oceanhouse Waterfront i. 2207 Atlantic Avenue to Osprov Respublik, Inc. t/a 23`d Street Raw Bar j. 2224 Atlantic Avenue to AHATA, Inc. t/a Pier 23 k. 2417 Atlantic Avenue to Blaster Fries, Inc. t/a Lighthouse Beach Grill 1. 2901 Atlantic Avenue to Maria Sofia, Inc. t/a Ellington's m. 3107 Atlantic Avenue to Ocean Ranch Motel Corporation t/a Timbuktu n.3301 Atlantic Avenue to Four Sails Timeshare Owners Assoc., Inc. t/a Four Sails o. 202 22nd Street to DAP, Inc. t/a 22nd Street Raw Bar p. 20322 nd Street to Tampico Enterprises , Inc. t/a Abbey Road q. 20622 nd Street to Luna Sea, Inc. t/a Luna Sea 2. Ordinance to AUTHORIZE the City Manager to enter into a Franchise Agreement with VERIZON VIRGINIA, INC. to construct and operate a Cable system within the City of Virginia Beach which shall effectively be retroactive to December 22, 2006 3. Ordinance to AUTHORIZE the City Manager to enter into a contract with Cherry, Bekaert & Holland LLP, for an Independent Audit of the City, the Development Authority and the School Division for fiscal years 2007-08 at a contract cost of One Hundred Sixty -Seven Thousand Five Hundred and Fifty Dollars ($167,550) for FY 2007 and a four percent (4%) increase annually. 4. Resolution to AUTHORIZE the City Manger to enter into an agreement with property owners on Lake Rudee, Lake Wesley or Owl's Creek, who have valid dredging permits, to use the Lake Rudee Disposal Area for privately dredged materials K. PLANNING 1. Applications of VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES, LP, at Thomas Bishop Lane and North Great Neck Road. (DISTRICT 5 — LYNNHAVEN) a. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for three single family dwellings b. Conditional Use Permit for a community pier RECOMMENDATION: APPROVAL 2. Applications of VALUE PLACE REAL ESTATE SERVICES, LLC, 1357 Diamond Springs Road for: (DISTRICT 4 — BAYSIDE) a. Modification of Proffers to allow a change of use from an office/warehouse facility to development of a hotel (approved on February 28, 2006) b. Conditional Use Permit for a 121 -unit limited service hotel RECOMMENDATION: 3. Application of WANDA DINARDO for a Conditional Use Permit for a home daycare to accommodate up to nine (9) children at 2424 Peritan Road (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 4. Application of GREATER REFUGE OUTREACH MISSION for a Conditional Use Permit re a church in a strip retail area at 6113 Indian River Road (DISTRICT 1— CENTERVILLE) RECOMMENDATION: L. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION HEALTH SERVICES ADVISORY BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE— PPEA M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT APPROVAL TOWN HALL MEETINGS April 17 Location To Be Announced — 7:15 pm September 18 Location To Be Announced — 7:15 pm November 20 Location To Be Announced — 7:15 pm 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) Agenda3/13/07/st www.vbpov.com 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. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30 PM A. URBAN LAND INSTITUTE (ULI)— "PUNGO CROSSING" Report Jack Whitney — Interim Director — Planning Department B. BUDGET EXECUTION REPORTS Human Resources Fagan Stackhouse, Director 2. Economic Development David Bradley, Interim Director 3. Communication & Information Technology (COMIT) Gwen Cowart, Director II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. 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 V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Allen B. Hopkins, DD Pastor, Carrow Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS March 6, 2007 G. AGENDA FOR FORMAL SESSION Itroolitttott CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. PUBLIC HEARING 1. OPEN AIR CAFE LEASES PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City council will hold a PUBLIC HEARING at 6:00 P.M. on Tuesday, March 13, 2007 in the City Council Chamber regarding the proposed cafe franchise lease agreements of City -owned property located at: 2417 AtlanticAvenue to Blaster Fries, Inc. t/a Lighthouse Beach. Grill 202 22nd Street to DAP, Inc. t/a 22nd Street Raw Sar 2207 Atlantic Avenue to Osprov Respublik, Inc. t/a 23rd Street Raw Bar 203 22nd Street to Tampico Enterprises, Inc. t/a Abbey Road 809 Atlantic Avenue to Barclay Restaurant Corporation t/a Barclay Towers 2901 Atlantic Avenue to Maria Sofia, Inc. t/a Ellington's 3301 Atlantic Avenue to Four Sails Timeshare Owners Assoc., Inc. t/a Four Sails 812 Atlantic Avenue to NWG, Inc. t/a Kimbels 701 Atlantic Avenue to Buriage Management Co., Inc. t/a. Laverne's 206 22nd Street to Luna Sea, Inc. t/a Luna Sea 615 Atlantic Avenue to Ramada on the Beach, LC t/a Mahi Mah's 615 Atlantic Avenue to Ramada on the Beach, LC t/a Mahi Mah's 1905 Atlantic Avenue to Osprov Respublik, Inc. t/a Oceanhouse Waterfront 2224 Atlantic Avenue to AHATA, Inc. t/a Pier 23 1101 Atlantic Avenue to TC JR, Inc. t/a T Casper's Deck and Galley 3107 Atlantic Avenue to Ocean Ranch Motel Corporation t/a Timbuktu 910 Atlantic Avenue to Atlantic Bistro, -LLC t/a Ribley's The purpose of the Hearing will be to obtain public comment on the proposed iease of City property. A copy of the franchise lease agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building.#1) at 2401 Courthouse Drive. Any questions concerning the above -referenced franchises should be directed to Rob Fries, Virginia Beach Convention. -and Visitor's Bureau, by calling (757) 385-6641. q0c��,L__ Ruth Hodges Fraser, MMC City Clerk Beacon March 4, 2007 16629473 I. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE the City Manager to grant one new and seventeen renewal Franchise Agreements re Open Air, Cafes at: a. 615 Atlantic Avenue to Ramada on the Beach, LC t/a Mahi Mah's b. 615 Atlantic Avenue to Ramada on the Beach, LC t/a Mahi Mah's c. 701 Atlantic Avenue to Burlage Management Co., Inc. t/a Laverne's d. 809 Atlantic Avenue to Barclay Restaurant Corporation t/a Barclay Towers e. 812 Atlantic Avenue to NWG, Inc. t/a Kimbels f. 910 Atlantic Avenue to Atlantic Bistro, LLC t/a Ribley's g. 1.101 Atlantic Avenue to TC JR, Inc. t/a T Casper's Deck and Galley h. 1905 Atlantic Avenue to Osprov Respublik, Inc. t/a Oceanhouse Waterfront i. 2207 Atlantic Avenue to Osprov Respublik, Inc. t/a 23`d Street Raw Bar j. 2224 Atlantic Avenue to AHATA, Inc. t/a Pier 23 k. 2417 Atlantic Avenue to Blaster Fries, Inc. t/a Lighthouse Beach Grill 1. 2901 Atlantic Avenue to Maria Sofia, Inc. t/a Ellington's m. 3107 Atlantic Avenue to Ocean Ranch Motel Corporation t/a Timbuktu n. 3301 Atlantic Avenue to Four Sails Timeshare Owners Assoc., Inc. t/a Four Sails o. 20222 nd Street to DAP, Inc. t/a 22nd Street Raw Bar p. 20322 nd Street to Tampico Enterprises, Inc. t/a Abbey Road q. 20622 nd Street to Luna Sea, Inc. t/a Luna Sea 2. Ordinance to AUTHORIZE the City Manager to enter into a Franchise Agreement with VERIZON VIRGINIA, INC. to construct and operate a Cable system within the City of Virginia Beach which shall effectively be retroactive to December 22, 2006 3. Ordinance to AUTHORIZE the City Manager to enter into a contract with Cherry, Bekaert & Holland LLP, for an Independent Audit of the City, the Development Authority and the School Division for fiscal years 2007-08 at a contract cost of One Hundred Sixty -Seven Thousand Five Hundred and Fifty Dollars ($167,550) for FY 2007 and a four percent (4%) increase annually. 4. Resolution to AUTHORIZE the City Manger to enter into an agreement with property owners on Lake Rudee, Lake Wesley or Owl's Creek, who have valid dredging permits, to use the Lake Rudee Disposal Area for privately dredged materials 4n h CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Renewing Eighteen Existing Franchises for the Operation of Open Air Cafes in the Resort Area and Authorizing One New Franchise Agreement MEETING DATE: March 13, 2007 ■ Background: Since its initial development and implementation, the Open Air Cafe Program has been very successful, and a number of cafes have been established in the Resort Area. The City's policy and practice has granted the initial franchise for a term of one (1) year. If the open air cafe is operated successfully during the initial one-year term, then the City renews the franchise for a five (5) year term. The attached ordinance will extend a five- year term for each open cafe renewal identified and grant an initial one-year franchise agreement for the new open air cafe identified below. ■ Considerations: If the City Council approves the attached Ordinance, the grant of the franchises remains contingent upon the Grantee's execution of the Open Air Cafe Franchise Agreement, and compliance with the terms and conditions thereof. New: 1. Blaster Fries, Inc. t/a Lighthouse Beach Grill (2417 Atlantic Avenue) boardwalk cafe. Renewals: 1. DAP, Inc. t/a 22"d Street Raw Bar (202 22"d Street) side street cafe; 2. Osprov Respublik, Inc. t/a 23`d Street Cafe (2207 Atlantic Avenue) boardwalk cafe; 3. Tampico Enterprises, Inc. t/a Abbey Road (203 22nd Street) side street cafe; 4. Barclay Restaurant Corporation t/a Barclay Towers (809 Atlantic Avenue) boardwalk cafe; 5. Atlantic Enterprises, Inc. t/a Ellington's (2901 Atlantic Avenue) boardwalk cafe; 6. HWC Investments, Inc. t/a Four Sails (3301 Atlantic Avenue) boardwalk cafe; 7. NWG, Inc. t/a Kimbel (812 Atlantic Avenue) boardwalk cafe; 8. Burlage Management Co., Inc. t/a Laverne's (701 Atlantic Avenue) boardwalk cafe; 9. Marianna Enterprises, Inc. t/a Little Feets (2613 Atlantic Avenue) boardwalk cafe; 10. Luna Sea, Inc. t/a Luna Sea (206 22nd Street) side street cafe; 11. Ramada on the Beach, LC t/a Mahi Mah's (615 Atlantic Avenue) boardwalk cafe; 12. Ramada on the Beach, LC t/a Mahi Mah's (615 Atlantic Avenue) connector park cafe; 13.Osprov Respublik, Inc. t/a Oceanhouse Waterfront (1905 Atlantic Avenue) boardwalk cafe; 14.AHATA, Inc. t/a Pier 23 (2224 Atlantic Avenue) side street cafe; 15.TC JR, Inc. t/a T Casper's Deck and Galley (1101 Atlantic Avenue) boardwalk caf6; 16. Ocean Ranch Motel Corporation t/a Timbuktu (3107 Atlantic Avenue) boardwalk caf6; 17. Atlantic Bistro, LLC t/a Ribley's (910 Atlantic Avenue) sidewalk caf6 ■ Public Information: Notice of renewal was published in the Beacon in accordance with State Code public notification requirements. ■ Recommendations: Approval of the Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager: 5 1L. . I rVOL. 1 AN ORDINANCE GRANTING FRANCHISE 2 AGREEMENTS FOR OPEN AIR CAFES IN 3 THE RESORT AREA 4 WHEREAS, by resolution adopted November 15, 1985, City 5 Council authorized the City Manager to promulgate Open Air Caf6 6 Regulations, which have been amended from time to time, for the 7 operation of open air caf6s on public property; 8 9 WHEREAS, the regulations originally prohibited sidewalk 10 cafes on Atlantic Avenue between 15th and 24th streets; 11 12 WHEREAS, Council adopted a resolution on March 23, 2004 13 establishing a pilot program to allow, on an experimental basis, 14 open air caf6s on Atlantic Avenue between 20th and 23rd Streets; 15 16 WHEREAS, based upon the success of the pilot program, 17 Council adopted an ordinance on March 8, 2005 authorizing 18 sidewalk cafes on Atlantic Avenue between 15th and 24th Streets; 19 20 WHEREAS, the City Council has traditionally granted initial 21 franchises for one-year terms; 22 23 WHEREAS, if an open air cafe is successfully operated 24 during the initial one-year term, the franchisee is given the 25 option of entering into a five-year franchise agreement; 26 27 WHEREAS, Blaster Fries, Inc. t/a Lighthouse Beach Grill is 28 seeking a one-year franchise agreement; 29 30 WHEREAS, the following seventeen (17) entities have 31 successfully operated open air .caf6s pursuant to either one-year 32 or five-year franchise agreements and are seeking renewal of 33 their franchise agreements for five year terms: (1) DAP, Inc. 34 t/a 22nd Street Raw Bar; (2) Osprov Respublik, Inc. t/a 23rd 35 Street Caf6; (3) Tampico Enterprises, Inc., t/a Abbey Road; (4) 36 Barclay Restaurant Corporation t/a Barclay Towers; (5) Atlantic 37 Enterprises, Inc. t/a Ellington's; (6) HWC Investments, Inc. t/a 38 Four Sails; (7) NWG, Inc. t/a Kimbel; (8) Burlage Management 39 Co., Inc. t/a Laverne's; (9) Marianna Enterprises, Inc. t/a 40 Little Feets; (10) Luna Sea, Inc. t/a Luna Sea; (11) Ramada on 41 the Beach, LC t/a Mahi Mah's; (12) Ramada on the Beach, LC t/a 42 Mahi Mah's; (13) Osprov Respublik, Inc. t/a Oceanhouse 43 Waterfront; (14) AHATA, Inc. t/a Pier 23; (15) TC JR, Inc. t/a T 44 Casper's Deck and Galley; (16) Ocean Ranch Motel Corporation t/a 45 Timbuktu; and, (17) Atlantic Bistro, LLC t/a Ribley's; and 46 WHEREAS, based upon these franchisees' successful operation 47 of open air caf6s, the Convention and Visitors Bureau recommends 48 that the franchisees' be granted five-year franchise agreements 49 to continue operating their respective open air cafes. 50 51 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 52 OF VIRGINIA BEACH: 53 54 1. That the City Council hereby grants a one-year 55 franchise agreement to Blaster Fries, Inc., t/a Lighthouse Beach 56 Grill for the operation of an open air caf6 in the resort area 57 subject to the terms and conditions of all ordinances, 58 resolutions, and regulations applicable to open air caf6s. 59 60 2. That the City Council hereby grants five-year 61 franchise agreements to (1) DAP, Inc. t/a 22nd Street Raw Bar; 62 (2) Osprov Respublik, Inc. t/a 23rd Street Cafe; (3) Tampico 63 Enterprises, Inc., t/a Abbey Road; (4) Barclay Restaurant 64 Corporation t/a Barclay Towers; (5) Atlantic Enterprises, Inc. 65 t/a Ellington's; (6) HWC Investments, Inc. t/a Four Sails; (7) 66 NWG, Inc. t/a Kimbel; (8) Burlage Management Co., Inc. t/a 67 Laverne's; (9) Marianna.Enterprises, Inc. t/a Little Feets; (10) 68 Luna Sea, Inc. t/a Luna Sea; (11) Ramada on the Beach, LC t/a 69 Mahi Mah's; (12) Ramada on the Beach, LC t/a Mahi Mah's; (13) 70 Osprov Respublik, Inc. t/a Oceanhouse Waterfront; (14) AHATA, 71 Inc. t/a Pier 23; (15) TC JR, Inc. t/a T Casper's Deck and 72 Galley; (16) Ocean Ranch Motel Corporation t/a Timbuktu; and, 73 (17) Atlantic Bistro, LLC t/a Ribley's for the operation of open 74 air caf6s in the resort area, subject to the terms and 75 conditions of all ordinances, resolutions, and regulations 76 applicable to open air caf6s. 77 78 Adopted by the City Council of Virginia Beach, Virginia on 79 this day of , 2007. APPROVED AS TO CONTENTS: SUFFICIENCY: vention and Visitors ureau APPROVED AS TO LEGAL 5A Cit Attorney's Office 2 CA10 02 7 V:\applications\citylawprod\cycom32\Wpdocs\D026\P002\00028866.DO C R-1/February 26, 2007 c ;i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise to Verizon Virginia, Inc. to Construct or Operate a Cable System in the City of Virginia Beach, Virginia; Setting Forth Conditions Accompanying the Grant of the Franchise; Providing for Regulation and Use of the System; and Prescribing Penalties for Violation of the Provisions Herein MEETING DATE: March 13, 2007 ■ Background: On July 7, 2006, Verizon Virginia, Inc. ("Verizon") notified the City of their desire to enter negotiations for a cable franchise. Negotiations were conducted with Verizon using informal processes throughout the past eight months. On November 22, 2006, Verizon formally requested an ordinance franchise for providing cable service with a retroactive date of December 22, 2006. Verizon also indicated their desire to continue to work towards completion of a negotiated franchise. Negotiations continued with Verizon, culminating in a negotiated franchise agreement. ■ Considerations: Some of the key components of the agreement are: • A ten-year term. • The franchise fee is 5% of gross revenues. • Provides three basic tier government and education access channels. • Adds future growth of four digital government and education access channels. • Provides for a capital fee of $0.20 per subscriber per month to support educational and governmental access channel capital needs. • Provides for a $0.02 per subscriber per month capital surcharge fee to account for associated in-kind access channel infrastructure. • Provides cable service to all municipal and public school facilities within the service area. • Requires a convenient local customer service and bill payment location in the City when Verizon attains 13,000 subscribers. • Consistent with all federally required customer service and consumer protection standards. ■ Public Information: A Public Hearing was advertised and will be held on March 6, 2007. Public Information will be handled through the normal Council Agenda public information process. ■ Alternatives: If a negotiated franchise is not adopted, the City has until March 22, 2007 to adopt an ordinance franchise under the Virginia Code. 0 Recommendations: Adoption ■ Attachments: Ordinance, Summary of Terms Recommended Action: Adoption Submitting Department/Agency: Communications and Information Technology City Manager• IL, 1— Z W W W W 2 U Z 9 LL Z Q Z LL O Z N W LL O W LL O a CL m�) f o > U >+ 0 Cc 0 0) Qi a- a m CL a-> CO p .5 C 0 3 .a OC >>N m N rn L �: O �+ vi Q= L"° L N :3 >1 CO OL mp >' O to Li G C 'O 'a � �� C +-� N __ V m N N V a) N `�- (� O Q- _ C m i Ci N N Cr "a O V>� s C° m .a a� c C L C o o C U >, x Q c O -p m N EA .. a) �1 FfA C m C "a m N .� X v N m L- a m o ,o- Q C O y Q O L U) C m i C N to � O m m m N +. 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Q U) O O 0 � p U_ 0 U Q O > E N O .`Co O O .3 ,, t0 U N > U a vi CL U 0, Cl)L 0 (6 N U U cu 'o t CUwU cy)0 c :3 ca N 3cu � y CL) (n= w �� O iE o O o(n > U '� ° C (n Cod ami cc°i L c O O v _ ca �- Q O— O Q ca O f0 c (C N c N cu C L m co w U LL N O N" N d U ., O =3 L O .-. O M 69 _ � O w O m U C N I--'L as V O co U > c 'Q c= v, `- -� ca E 4- o 0 Q m c' vE o O,c O a) ca -aa% NO> Cc E cocn � (6 C E� tai O (B O a 0 co E E N O O i a5 n U O O U O to N � cc N c "' O >+ � ca c6 L `t N L C .O O w+ C O O O L N O •'= O N 'O 0 Z O � m L O N ui W V ui Z UL Z U W w LL ZO Q N O L Q W LL.��„ z z a m w LL a � Q U) City of Virginia Beach, Virginia Cable Television Franchise Ordinance For Verizon Virginia Inc. Approved by the City of Virginia Beach Council on '2007 TABLE OF CONTENTS ARTICLE PAGE EXHIBITA - INITIAL SERVICE AREA..................................................................................... EXHIBIT B- CUSTOMER SERVICE STANDARDS.................................................................. EXHIBIT C - IRREVOCABLE LETTER OF CREDIT ................. EXHIBIT D - FRANCHISE FEE QUARTERLY REPORT FORM ............................................ EXHIBIT E - MUNICIPAL BUILDINGS LIST............................................................................ 2 4 1. SHORT TITLE ................................ .................................................................................. 2. DEFINITIONS...................................................................................................................4 3. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS ....................................... 9 4. PROVISION OF CABLE SERVICE..............................................................................11 5. SYSTEM OPERATION..................................................................................................14 6. SYSTEM FACILITIES...................................................................................................14 7. PEG SERVICES.............................................15 ................................................................. 8. ....................................................................................................... FRANCHISE FEES..16 9. CUSTOMER SERVICE..................................................................................................17 10. REPORTS AND RECORDS...........................................................................................17 11. INSURANCE AND INDEMNIFICATION.................................................................... 20 12. TRANSFER OF FRANCHISE........................................................................................ 22 13. RENEWAL OF FRANCHISE......................................................................................... 22 14. ENFORCEMENT AND TERMINATION OF FRANCHISE ........................................ 22 15. MISCELLANEOUS PROVISIONS................................................................................ 25 EXHIBITA - INITIAL SERVICE AREA..................................................................................... EXHIBIT B- CUSTOMER SERVICE STANDARDS.................................................................. EXHIBIT C - IRREVOCABLE LETTER OF CREDIT ................. EXHIBIT D - FRANCHISE FEE QUARTERLY REPORT FORM ............................................ EXHIBIT E - MUNICIPAL BUILDINGS LIST............................................................................ 2 AN ORDINANCE GRANTING A FRANCHISE TO VERIZON VIRGINIA INC. TO CONSTRUCT OR OPERATE A CABLE SYSTEM IN THE CITY OF VIRGINIA BEACH, VIRGINIA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR VIOLATION OF THE PROVISIONS HEREIN. WHEREAS, this cable franchise (the "Franchise") is entered into by and between the City of Virginia Beach, a duly organized city under the applicable laws of the Commonwealth of Virginia (the "City") and Verizon Virginia Inc., a corporation duly organized under the applicable laws of the Commonwealth of Virginia ("Verizon"); and WHEREAS, Verizon has made application to the City pursuant to Article 1.2 of Chapter 21 of Title 15.2 of the Virginia Code (Virginia Code Sections 15.2-2108.19 et seq), for a nonexclusive franchise to construct, install, maintain, extend and operate a cable communications system in the Franchise Area as designated in this Franchise; and WHEREAS, the City is a "franchising authority" as defined in 47 U.S.C. §522(10) and is authorized to grant one or more nonexclusive cable franchises pursuant to Virginia Code Section 15.2-2108.20 and 47 U.S.C. §541 (a); and WHEREAS, Verizon is in the process of installing a Fiber to the Premises Telecommunications Network ("FTTP Network") in the Franchise Area pursuant to authority granted by the Commonwealth of Virginia and the telephone franchises previously granted by the City; and WHEREAS, the FTTP Network will occupy the Public Rights -of -Way within the City, and Verizon desires to use portions of the FTTP Network once installed to provide Cable Services (as hereinafter defined) in the Franchise Area; and WHEREAS, the City has determined that the grant of a nonexclusive franchise to Verizon is consistent with the public interest; and WHEREAS, the City and Verizon have reached agreement on the terms and conditions set forth herein and the parties have agreed to be bound by those terms and conditions; and. WHEREAS, the City Council finds that it is in the public interest to construct or operate a Cable System within the Franchise Area under the terms of this Franchise; said public purpose being specifically the enhancement of communications for the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HEREBY GRANTS A FRANCHISE TO VERIZON VIRGINIA INC. TO OCCUPY THE PUBLIC RIGHTS OF WAY TO CONSTRUCT OR OPERATE A CABLE SYSTEM PURSUANT TO THE FOLLOWING TERMS AND CONDITIONS: 3 1. SHORT TITLE. The Franchise granted pursuant to this ordinance shall be known and cited as the "City of Virginia Beach Cable Television Franchise Ordinance for Verizon Virginia Inc." Within this document it shall also be referred to as "this Franchise" or "the Franchise." 2. DEFINITIONS Except as otherwise provided herein, the definitions and word usages set forth in the Communications Act (as hereinafter defined) are incorporated herein and shall apply in this Agreement. References in this Article 2 to any federal or state law shall include amendments thereto as may be enacted from time -to -time. In addition, the following definitions shall apply: 2.1. Access Channel: A video Channel, which Verizon shall make available to the City without charge for non-commercial Public, Educational, or Governmental use for the transmission of video programming as directed by the City. 2.2. Affiliate: Shall be defined herein as it is defined under Title 15.2 of the Code of Virginia, Chapter 21, Article 1.2, Section 15.2-2108.19, meaning, when used in relation to any Person, another Person who owns or controls, is owned or controlled by, or is under common ownership or control with, such Person. 2.3. Basic Cable Service or Basic Service Tier: Shall be defined herein as it is defined under Title 15.2 of the Code of Virginia, Chapter 21, Article 1.2, Section 15.2-2108.19, meaning the Service tier that includes (i) the retransmission of local television broadcast channels and (ii) any public, educational, and governmental channels required to be carried in the basic tier. 2.4. Cable Service or Cable Services: Shall be defined herein as it is defined under Title 15.2 of the Code of Virginia, Chapter 21, Article 1.2, Section 15.2-2108.19, meaning the one-way transmission to subscribers of (i) Video Programming or (ii) other programming service, and subscriber interaction, if any, which is required for the selection or use of such Video Programming or other programming service. Cable service does not include any Video Programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d). 2.5. Cable System or System: Shall be defined herein as it is defined under Title 15.2 of the Code of Virginia, Chapter 21, Article 1.2, Section 15.2-2108.19, meaning a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service that includes Video Programming and that is provided to multiple Subscribers within the Service Area, except that such term shall not include (i) a system that serves fewer than twenty (20) Subscribers; (ii) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (iii) a facility that serves only Subscribers without using any Public Rights -of -Way; (iv) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable System to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on -demand services; (v) any facilities of any electric utility used solely for operating 4 its electric system; (vi) any portion of a system that serves fewer than fifty (50) Subscribers in any locality, where such portion is a part of a larger system franchised in an adjacent locality; or (vii) an open video system that complies with § 653 of Title VI of the Communications Act of 1934, as amended, 47 U.S.C. § 573. 2.6. Channel: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 573, meaning a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel, as defined by the Federal Communications Commission by regulation. 2.7. City: The City of Virginia Beach, Virginia, a municipal corporation of the Commonwealth of Virginia, its officers, employees, agents and assigns. 2.8. City Council: The governing body of the City of Virginia Beach. 2.9. Complaint: Any correspondence relating to any aspect of Verizon's Cable Service or cable operations (including letters, e-mail messages, faxes or complaints forwarded by the City of Virginia Beach by any means and identified as Complaints, and telephone calls elevated to management for resolution) sent by a Subscriber to the City or Verizon alleging or asserting signal interruption, poor picture quality, dissatisfaction over programming content, or dissatisfaction over business practices. It shall not include any expression of dissatisfaction with any action of Verizon that is authorized by this Franchise or applicable state or federal law. The term "complaint" shall not include an inquiry which is immediately answered by Verizon to the apparent satisfaction of the complaining party. 2.10. Communications Act: The Communications Act of 1934, as amended. 2.11. Control: The ability to exercise de facto or de jure control over day-to- day policies and operations or the management of Verizon's affairs. 2.12. Converter: An electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber and also permits a Subscriber to view the digital service tiers. 2.13. Drop: The cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. 2.14. Educational Access Channel: An Access Channel available for the use solely of the local public schools in the Franchise Area. 2.15. FCC: The United States Federal Communications Commission or successor governmental entity thereto. 2.16. Force Majeure: Shall be defined herein as it is defined under Title 15.2 of the Code of Virginia, Chapter 21, Article 1.2, Section 15.2-2108.19, meaning an event or events reasonably beyond the ability of Verizon to anticipate and control. "Force majeure" includes, but is not limited to, acts of God, incidences of terrorism, war or riots, labor strikes or civil disturbances, floods, earthquakes, fire, explosions, epidemics, hurricanes, tornadoes, 5 governmental actions and restrictions, work delays caused by waiting for utility providers to service or monitor or provide access to utility poles to which Verizon's facilities are attached or to be attached or conduits in which Verizon's facilities are located or to be located, and unavailability of materials or qualified labor to perform the work necessary. 2.17. Franchise or Cable Franchise: The negotiated franchise granted by this ordinance and the regulatory and contractual relationship established hereby. 2.18. Franchise Area: The entire existing territorial limits of the City and such additional areas as may be included in the territorial limits of the City during the term of this Franchise. 2.19. Government Access Channel: An Access Channel available for the sole use of the City. 2.20. Gross Revenue: Shall be defined herein as it is defined under Title 15.2 of the Code of Virginia, Chapter 21, Article 1.2, Section -15.2-2108.19, meaning all revenue, as determined in accordance with generally accepted accounting principles, that is actually received by Verizon and derived from the operation of the Cable System to provide Cable Services in the Franchise Area; however, "gross revenue" shall not include: (i) refunds or rebates made to Subscribers or other third parties; (ii) any revenue which is received from the sale of merchandise over home shopping channels carried on the Cable System, but not including revenue received from home shopping channels for the use of the Cable Service to sell merchandise; (iii) any tax, fee, or charge collected by Verizon and remitted to a governmental entity or its agent or designee, including without limitation a local public access or education group; (iv) program launch fees; (v) directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement, and electronic publishing; (vi) a sale of Cable Service for resale or for use as a component part of or for the integration into Cable Services to be resold in the ordinary course of business, when the reseller is required to pay or collect franchise fees or similar fees on the resale of the Cable Service; (vii) revenues received by any affiliate or any other Person in exchange for supplying goods or services used by Verizon to provide Cable Service; and (viii) revenue derived from services classified as Non -Cable Services under federal law, including, without limitation, revenue derived from Telecommunications Services and Information Services, and any other revenues attributed by Verizon to Non -Cable Services in accordance with rules, regulations, standards, or orders of the Federal Communications Commission. 2.21. Information Services: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. §153(20), meaning the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. Exhibit A. 2.22. Initial Service Area: The portion of the Franchise Area as outlined in 31 2.23. Installation: The act of connecting the FTTP Network from feeder cable to the point of connection including Standard Installations and custom Installations with the Subscriber Converter or other terminal equipment. 2.24. Internet Access: Dial-up or broadband access service that enables Subscribers to access the Internet. 2.25. Non -Cable Service: Any service in the Franchise Area other than Cable Service, including, but not limited to, Information Services and Telecommunications Services. 2.26. Normal Business Hours: Shall be defined herein as it is defined under 47 C.F.R. § 76.309(c)(4)(i), meaning those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" shall include some evening hours at least one night per week and/or some weekend hours. 2.27. Normal Operating Conditions: Shall be defined herein as it is defined under 47 C.F.R. § 76.309(c)(4)(ii), meaning those service conditions which are within the control of Verizon. Those conditions which are not within the control of Verizon include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Verizon include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System. 2.28. Parental Controls: A feature and/or function of a Subscriber's digital set top box that inhibits the viewing of certain program(s) or Channel(s) provided by way of the Cable System. 2.29. PEG: Public, educational and governmental. 2.30. Person: An individual, partnership, association, joint stock company, trust, corporation, or governmental entity. 2.31. Public Rights of Way: The surface of and the space above and below and any area across, in, over, along any public street, including the entirety of the area shown as a street on a plat, survey or similar document, public road, public highway, public freeway, public lane, public path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public bridges, public sidewalks, public ways or any public easement or right-of-way now or hereafter held by City, within its proper use and meaning in the sole opinion of City and as the same now or may thereafter exist, which are under the jurisdiction or control of the City, to the extent the City has the authority to allow such use. The term shall not include the airspace above a Public Rights of Way with regard to cellular or other wireless communications or broadcast services. 2.32. Service Area: All portions of the City where Cable Service is being offered, including the Initial Service Area, and portions serviced pursuant to the Year Seven (7) Threshold and the Year Ten (10) Threshold. 7 2.33. Service Interruption: The loss of picture or sound on one or more cable channels. 2.34. Standard Installation: Any residential or commercial Installation which can be completed using a Drop of one hundred fifty (150) feet or less. 2.35. Subscriber: Any Person the City who lawfully receives Cable Service over the Cable System with Verizon's express permission. 2.36. Telecommunications Facilities: Verizon's existing Telecommunications Services and Information Services facilities and its FTTP Network facilities. 2.37. Telecommunications Franchises: The telecommunications franchise between the City and Chesapeake and Potomac Telephone Company of Virginia adopted July 24, 1972, the telecommunications franchise between the City and The Norfolk & Carolina Telephone & Telegraph Co. of Virginia adopted October 13, 1969, and the telecommunications franchise between the City and First Colony Telephone Company adopted May 23, 1969, as such Telecommunications Franchises currently exist and may be amended, renewed, or superseded by other telecommunications franchises in the future. 2.38. Telecommunication Services: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. § 153(46), meaning the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. 2.39. Title II. Title II of the Communications Act. 2.40. Title VT Title VI of the Communications Act. 2.41. Transfer of the Franchise: Shall be defined herein as it is defined under Title 15.2 of the Code of Virginia, Chapter 21, Article 1.2, §15.2-2108.19, meaning any transaction in which (i) an ownership or other interest in Verizon is transferred, directly or indirectly, from one Person or group of Persons to another Person or group of Persons, so that majority control of Verizon is transferred; or (ii) the rights and obligations held by Verizon under the Franchise are transferred or assigned to another Person or group of Persons. However, notwithstanding clauses (i) and (ii) of the preceding sentence, a transfer of the cable franchise shall not include (a) transfer of an ownership or other interest in Verizon to the parent of Verizon or to another Affiliate of Verizon; (b) transfer of an interest in the cable franchise or the rights held by Verizon under the Franchise to the parent of Verizon or to another Affiliate of Verizon; (c) any action that is the result of a merger of the parent of Verizon; (d) any action that is the result of a merger of another Affiliate of Verizon; or (e) a transfer in trust, by mortgage, or by assignment of any rights, title, or interest of Verizon in the Franchise or the Cable System used to provide Cable Services in order to secure indebtedness. 2.42. Verizon: Verizon Virginia Inc., and its lawful and permitted successors, assigns and transferees. N. 2.43. Video Programming: Shall be defined herein as it is defined under Title 15.2 of the Code of Virginia, Chapter 21, Article 1.2, §15.2-2108.19, meaning programming provided by, or generally considered comparable to, programming provided by a television broadcast station. 2.44. Year Seven (7) Threshold: The portion of the City in which Verizon agrees to provide Cable Services pursuant to Subsection 4.1.2 of this Franchise. 2.45. Year Ten (10) Threshold: The portion of the City in which Verizon agrees to provide Cable Services pursuant to Subsection 4.1.3 of this Franchise. 3. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS; TERM 3.1. Grant of Franchise: Subject to the terms and conditions of the Communications Act, this Franchise is granted pursuant to the terms and conditions contained herein. 3.2. Criteria of Selection: Verizon's technical ability, financial condition, legal qualifications, and ability to meet the future cable -related community needs and interests, taking into account the cost of meeting such needs and interests, were among those items considered and approved by City in full public proceedings of which Verizon was afforded reasonable notice and a reasonable opportunity to be heard. 3.3. Authorityfor Use of Public Rights of Way: 3.3.1. Authority for use of Public Rights of Way within the Franchise Area by Verizon and Verizon South Inc. with respect to the Telecommunications Facilities exists pursuant to the Telecommunications Franchises. The parties mutually acknowledge and agree that: (i) Section 15.2-2108.24 of the Virginia Code prohibits the imposition in this Franchise of any facility construction or Public Rights of Way management requirements on Verizon; (ii) the Telecommunications Facilities located in the Public Rights of Way used by Verizon to provide Cable Services pursuant to this Franchise are also used by Verizon to provide Telecommunications Services within the City; and (iii) such Telecommunications Facilities are authorized to be located in the Public Rights of Way pursuant to the Telecommunications Franchises and are subject to such facility construction and rights-of-way management requirements as may be set forth therein pursuant to applicable federal and state law. 3.4. Term; Time of Acceptance; Incorporation of Proposal; Exhibits: 3.4.1. This Franchise shall be adopted on , 2007 (the "Adoption Date"), and shall be retroactive to December 22, 2006 (the "Effective Date"). The term of this Franchise shall be ten (10) years from the Effective Date unless the Franchise is earlier surrendered or revoked as provided herein. 3.4.2. Verizon shall accept this Franchise in a form and substance acceptable to City within thirty (30) days of the adoption of this ordinance unless the time of acceptance is extended by City. Such acceptance by Verizon shall be deemed the grant of this E Franchise for all purposes. In the event acceptance does not take place, this Franchise shall be null and void. 3.4.3. With Verizon's acceptance of this Franchise, Verizon and City shall be bound by all terms and conditions contained herein. 3.4.4. Within thirty (30) days of this acceptance and subject to the terms and conditions of this Franchise, Verizon shall also deliver any letter of credit and insurance certificates required herein that have not previously been delivered. Verizon shall also provide a chart showing the current ownership structure of the company, including any parent entities. 3.4.5. The Franchise shall be permanently kept and filed in the office of the City Clerk and non -confidential portions of the originals or reproductions thereof shall be available for inspection by the public during Normal Business Hours. 3.5. Franchise Non -Exclusive: The Franchise granted herein is non-exclusive. The City specifically reserves the right to grant, at any time, additional franchises for a System in accordance with applicable law, including, without limitation, Virginia Code §15.2-2108, et seq., and 47 U.S.C. §541. Any such franchises which are granted shall not expressly alter or purport to alter the authority as granted under this Franchise or expressly grant authority or purport to grant authority to interfere with existing physical facilities, including equipment, of the Cable System or Verizon's FTTP Network. 3.6. No Waiver: 3.6.1. The failure of the City on one or more occasions to exercise a right or to require compliance or performance under this Franchise, the Communications Act or any other applicable State or Federal law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by the City, nor to excuse Verizon from complying or performing, unless such right or such compliance or performance has been specifically waived in writing. 3.6.2. The failure of Verizon on one or more occasions to exercise a right under this Franchise or applicable law, or to require performance under this Franchise, shall not be deemed to constitute a waiver of such right or of performance of this Agreement, nor shall it excuse City from performance, unless such right or performance has been specifically waived in writing. 3.7. Precedence of Documents: The parties acknowledge that, as of the Effective Date of this Franchise, there is no cable ordinance of general applicability within the City. In the event the City should lawfully enact any cable ordinance of general applicability, this Agreement will prevail with respect to any inconsistency between such ordinance and this Agreement. 3.8. Police Powers: Except as otherwise provided in this Franchise, Verizon's rights under this Franchise shall be subject to the lawful police powers of the City to adopt and enforce ordinances of general applicability necessary to protect and preserve the health, safety and welfare of the public. Verizon shall comply with all applicable general laws and ordinances 10 lawfully enacted by City pursuant to such police powers, except where an exercise of such powers, would impair the obligations of this Agreement. 3.9. Use of Verizon Telecommunications Facilities: To the extent that the City has any authority to use Verizon Telecommunications Facilities, such authority is pursuant to the Telecommunications Franchises and not pursuant to this Agreement. 3.10. Removal or Relocation of Facilities: To the extent that the City has any authority to remove or relocate, or to require the removal or relocation of, Verizon Telecommunications Facilities, such authority is pursuant to the Telecommunications Franchises and not pursuant to this Agreement. 4. PROVISION OF CABLE SERVICE 4.1. Service Area: 4.1.1. Initial Service Area: Verizon shall offer Cable Service to all of the occupied residential dwelling units in the Initial Service Area and may make Cable Service available to businesses in the Initial Service Area, within three (3) years of the Adoption Date of this Franchise, except: (A) for periods of Force Majeure; (B) for periods of delay caused by the City; (C) for periods of delay resulting from Verizon's inability to obtain authority to access rights-of-way in the Service Area; (D) in areas where developments or buildings are subject to claimed exclusive arrangements; (E) in developments or buildings that Verizon cannot access under industry standard terms and conditions after good faith negotiation; and (F) in developments or buildings that Verizon is unable to provide Cable Service for technical reasons or that require facilities that are not available or cannot be deployed on a commercially reasonable basis; and (G) in areas where the occupied residential household density does not meet the density requirements set forth in Subsection 4.1.1.1. 4.1.1.1. Density Requirement: Verizon shall make Cable Services available to occupied residential dwelling units in all areas of the Service Area where the average density is equal to or greater than thirty (30) occupied residential dwelling units per mile as measured in strand footage from the nearest technically feasible point on the active FTTP Network trunk or feeder line. Should, through new construction, an area within the Initial Service Area or portions of the Service Area serviced pursuant to the Year Seven (7) Threshold or Year Ten (10) Threshold meet the density requirements after the time stated for providing Cable Service as set forth in Subsections 4.1.1, 4.1.2 and 4.1.3 respectively, Verizon shall provide Cable Service to such area within six (6) months of receiving notice from the City that the density requirements have been met. 4.1.2. Year Seven (7) Threshold: Verizon shall begin providing Cable Service to no less than sixty-five percent (65%) of the occupied residential dwelling units in the Franchise Area within seven (7) years following the Adoption Date, subject to the conditions of Subsection 4. 1.1 above and the other terms set forth herein. 11 4.1.3. Year Ten (10) Threshold: During the twelve (12) month period commencing after the seventh -year anniversary date of the Adoption Date, the City may, by ordinance adopted after a public hearing in which the City specifically finds that such a requirement is necessary to promote competition in cable services within the Franchise Area, require Verizon to make Cable Service available to no more eighty percent (80%) of the occupied residential dwelling units in the Franchise Area within no less than ten (10) years of the Adoption Date, subject to the conditions of Subsection 4. 1.1 above and the other terms set forth herein. 4.1.4. Except for the Initial Service Area, and any portions of the Service Area serviced pursuant to the Year Seven (7) Threshold and the Year Ten (10) Threshold, Verizon shall have the right but not the obligation to extend its Cable System or to provide Cable Services to any other areas within the Franchise Area during the term of this Franchise or any Renewals thereof. If Verizon exercises its right to extend its Cable System or provide Cable Services to any other areas. within the Franchise Area as set forth in this Subsection 4.1.4, Verizon shall notify City in writing at least thirty (30) days prior to providing Cable Services in such areas. 4.1.5. Certificates of Compliance: Verizon shall file a certificate at its third, seventh, and, if applicable, tenth, anniversary dates certifying its compliance with the Cable Service requirements set forth in Subsections 4.1.1, 4.1.2, and 4.1.3 of this Agreement, respectively. 4.2. Availability of Cable Service: Verizon shall not discriminate between or among any individuals in the availability of Cable Service within the Franchise Area. Verizon shall make Cable Service available via a Standard Installation and in conformance with Section 4.1 to: 4.2.1. any occupied residential dwelling unit within the area within twenty-one (21) days from the date of request; and 4.2.2. at Verizon's option, any commercial entity within the area upon terms and conditions negotiated by the commercial entity and Verizon. 4.3. Non -Standard Installations: Subject to the terms and conditions of this Agreement and in conformance with Section 4. 1, Verizon shall install and provide Cable Service to any occupied residential dwelling unit requiring a Drop of more than one hundred fifty (150) feet, provided that Verizon may charge for the incremental increase in material and labor costs incurred beyond the Standard Installation. 4.4. Basic Service: Verizon shall offer to all Subscribers a service level designed to meet the minimum information needs of the residents of the City. Verizon shall offer Basic Cable Service as required by law, including off -air local broadcasting channels and the PEG Access Channels set forth in Article 7 of this Agreement. 4.5. Regulation of Cable Service Rates: The City acknowledges that, at the time of the Effective Date, the City has no authority to regulate the rates for Cable Service over the Cable System because the Cable System is subject to effective competition pursuant to 47 12 U.S.C. § 543. Should, in the future, the Federal Communications Commission determine that the Cable System is no longer subject to effective competition pursuant to 47 U.S.C. § 543, the City reserves the right to regulate rates for Cable Service to the extent permitted by law. 4.6. Programming Decisions: All programming decisions shall be at the sole discretion of Verizon and in accordance with applicable federal and state law. 4.7. Service to Public Facilities: 4.7.1. Subject to Section 4.1, Verizon shall provide, free of charge throughout the term of the Franchise and within the Service Area, Installation of one (1) Drop, one (1) cable outlet, and one (1) Converter, if necessary, and the highest level of Cable Service offered by Verizon, excluding pay-per-view, pay -per -channel (premium) programming, high- speed data services, or newly created non -video Cable Services, without charge to each fire station, public school, police station, public library, and any other local government building as may be designated initially by the City in Exhibit E and thereafter during the term of this Agreement as may be designated in writing by the City, so long as such additional designations beyond those set forth in Exhibit E do not exceed 5 buildings used for public purposes and entitled to free service per fiscal year. The City shall be responsible for obtaining authorization for Verizon to enter any leased buildings on commercially reasonable terms. 4.7.2. If it is necessary to extend Verizon's trunk or feeder lines more than two hundred (200) feet solely to provide Cable Service to any institutions subsequently designated pursuant to Subsection 4.7.1, the City shall have the option of either paying Verizon's direct costs for such extension in excess of two hundred (200) feet, or releasing Verizon from the obligation to provide Service to such building. 4.7.3. Additional Subscriber Drops and/or outlets in any of the locations identified pursuant to Subsection 4.7.1 above will be installed by Verizon at the lowest actual cost of Verizon's time and material. Alternatively, said institutions may add outlets at their own expense, as long as such installation meets Verizon's standards and approval, which approval shall not be unreasonably withheld. Once a building meets the criteria for free service under Subsection 4.7.1, Verizon shall have one hundred eighty (180) days to provide service unless an act of Force Majeure necessitates more time. 4.7.4. Cable Service provided pursuant to this Section 4.7 may not be resold or otherwise used in contravention of Verizon's rights with third parties respecting programming. Equipment provided by Verizon, if any, shall be replaced at retail rates if lost, stolen or damaged. 4.8. Technical Infeasibility: 4.8.1. If at any time during the term of this Franchise, Verizon determines that it is technically infeasible to provide Cable Service pursuant to the terms of this Agreement or that it cannot meet any other requirement(s) of the Franchise due to technical infeasibility, Verizon shall, subject to Section 10.7, submit to the City a written report specifically identifying any applicable service addresses and Franchise requirement(s) and the technical reasons for such determination. 13 4.8.2. The City shall have forty-five (45) days from receipt of the report referenced in Subsection 4.8.1 to respond to Verizon in the event the City disagrees (in whole or in part) with the determination of technical infeasibility. In such case, the parties agree to discuss the matter further. If the parties cannot reach agreement, then a resolution of the contested determination shall be in accordance with Article 13 of this Franchise. 5. SYSTEM OPERATION 5.1. The parties recognize that Verizon's FTTP Network is being constructed and will be operated and maintained as an upgrade to and/or extension of its existing Telecommunications Facilities. The authority of the City to regulate such Telecommunications Facilities pursuant to this Franchise or local law is restricted by federal and state law, and the City shall not assert authority under this Franchise to regulate Verizon's FTTP Network except as allowed by law. 6. SYSTEM FACILITIES 6.1. System Characteristics: Verizon's Cable System shall meet or exceed the following requirements: 6.1.1. The System shall be designed with an initial analog and digital carrier passband between 50 and 860 MHz. 6.1.2. The System shall be designed to be an active two-way plant for subscriber interaction, if any, required for selection or use of Cable Service. 6.2. Interconnection: Verizon shall design its Cable System so that it may be interconnected with other cable systems in the Franchise Area. Interconnection of systems may be made by direct cable connection, microwave link, satellite, or other appropriate methods. Upon written request from the City, Verizon shall negotiate in good faith with other franchised cable operator(s) respecting reasonable, mutually convenient, cost-effective, and technically feasible interconnection points, methods, terms and conditions. If Verizon and such other cable operator(s) fail to execute an interconnection agreement within one hundred and eighty (180) days of the City's written request to interconnect, then the City may, by ordinance adopted after a public hearing, require Verizon to interconnect and determine an interconnection point with the objective of designating an interconnection point that is mutually convenient, cost-effective, and technically feasible. Nothing herein shall prohibit Verizon from requiring such other franchised cable operator to pay the costs of such interconnection, including construction, signal transport, and maintenance costs. 6.3. Emergency Alert System: 6.3.1. Verizon shall at all times comply with the Emergency Alert System standards pursuant to applicable federal requirements. 7. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ("PEG") ACCESS CHANNELS 14 7.1. Verizon shall, at no charge to the City, provide three (3) dedicated PEG Access Channels on Verizon's Basic Service Tier to air non-commercial PEG access programming, consistent with Section 611 of the cable Act (47 U.S.C. §531). Upon one hundred and twenty (120) days written notice from the City, Verizon shall provide up to four (4) additional PEG Access Channels on a digital service tier. The City shall have sole discretion to determine the users of such PEG Access Channels. Notwithstanding anything to the contrary, Verizon shall be permitted to use capacity on the Channels for the provision of other Cable Services if such Channels are not being used for the purposes designated pursuant to rules and procedures developed by the City. Verizon acknowledges that the City currently receives from another franchised cable operator one (1) non -PEG non-commercial training channel that is used for City training purposes on a viewer -restricted basis (the "Training Channel"). So long as the City is actually receiving the Training Channel, the parties agree that, should Verizon at any time provide a service comparable to the Training Channel in any other locality, Verizon will make such service, or a substantially similar service, available to the City at no additional cost to the City. 7.1.1. Verizon shall obtain the PEG Access Channel programming via a dedicated fiber connection to the City's PEG headend in the Advanced Technology Center. 7.1.1.1. Upon notification by PEG Access Channel authorities, Verizon's response time for any dedicated fiber signal discrepancies shall be as follows: 7.1.1.1.1. Dedicated fiber technical problems which render any or all of the PEG Access Channels unusable or unviewable shall be serviced as soon as possible and in the same priority as any other primary signal source. Minor signal distortions or problems shall be serviced within forty-eight (48) hours. 7.1.1.1.2. Signal problems on any dedicated fiber supporting PEG Access Channel operation which render the signal unusable or unviewable shall be serviced as soon as possible. Other technical problems on any dedicated fiber shall be addressed within forty-eight (48) hours. 7.1.1.1.3. All maintenance and repairs of the Cable System performed for purposes of providing the PEG Access Channels will be at no cost to City. 7.2. PEG Capital Fee: Verizon shall provide to the City a monthly PEG Capital Fee in the amount of twenty cents ($0.20) per month per Subscriber in the Service Area (the "PEG Capital Fee"). Verizon shall pay the PEG Capital Fee on the same schedule as the Franchise Fee payment required in Article 8 of this Agreement. 7.3. PEG Capital Grant Surcharge Fee: Because the existing cable operator is providing in-kind equipment to support PEG channel facilities, Verizon shall provide to the City a PEG Capital Grant Surcharge Fee in the amount of two cents ($.02) per month per Subscriber in the Service Area (the "PEG Capital Grant Surcharge Fee"). 7.3.1. Cooperation Regarding Valuation: Verizon shall cooperate with the City to ascertain the monetary value of any in-kind services and facilities that Verizon may 15 provide pursuant to this Franchise in an effort to establish any PEG capital grant surcharge fee that the City may be authorized to impose on any new cable operator in the City. 7.4. Any and all PEG Capital Fee or PEG Capital Grant Surcharge Fee payments by Verizon to City shall not be deemed "Franchise Fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. § 542). Verizon may list the PEG capital fee as a line item on Subscriber bills. 7.5. If Verizon makes changes to Verizon's Cable System that require improvements to PEG Access Channel facilities and equipment, Verizon shall provide any necessary additional headend and distribution facilities or equipment within thirty (30) days so that PEG Access Channel facilities and equipment may be used as intended with respect to the up to seven (7) PEG Access Channels specified in Section 7.1 above, so that live and taped programming can be cablecast efficiently to Subscribers. Verizon shall be solely responsible for the costs associated with any Verizon -desired technology changes to, and maintenance and repair of, the signal transport facilities required by Subsection 7.1.1. 7.6. The City hereby authorizes Verizon to transmit such PEG programming within and without City jurisdictional boundaries. PEG Channel assignments may be changed at the sole discretion of Verizon, including but not limited to changes made as a result of any determination by Verizon to convert the provision of Cable Services to an all-digital format. PEG Channel assignments shall be the same throughout the Franchise Area. If Verizon decides to change the channel designation for any of the PEG Channels, it must provide thirty (30) days prior written notice to the City. 8. FRANCHISE FEES 8.1. Verizon shall pay a Franchise fee of five percent (5%) of annual Gross Revenue received from the Effective Date. With respect to the payment of Franchise fees, the parties shall comply with all applicable requirements of the provisions of Section 58.1-645 of the Code of Virginia (the "Virginia Communications Sales and Use Tax") in its current form and as it may be amended. Upon payment by Verizon of any Franchise fee pursuant to this Section 8.1, Verizon shall provide to the City a brief report in a form substantially similar to that appearing in Exhibit D hereto and prepared by a representative of Verizon showing the basis for the computation. 8.2. Bundled Services: If Cable Services subject to the Franchise fee required under this Article 8 are provided to Subscribers in conjunction with Non -Cable Services, the Franchise fee shall be applied only to the value of the Cable Services, as reflected on the books and records of Verizon in accordance with FCC or state public utility regulatory commission rules, regulations, standards or orders. 9. CUSTOMER SERVICE Customer Service Requirements are set forth in Exhibit B., which shall be binding unless amended by written consent of the parties. 10. REPORTS AND RECORDS i<i 10.1. Open Books and Records: Upon not less than thirty (30) business days written notice to Verizon and no more frequently than once every twenty-four (24) months, the City shall have the right to inspect Verizon's books and records pertaining to Verizon's provision of Cable Service in the Franchise Area at any time during Normal Business Hours and on a nondisruptive basis, as are reasonably necessary to ensure compliance with the terms of this Franchise. Such notice shall specifically reference the section or subsection of the Franchise which is under review, so that Verizon may organize the necessary books and records for appropriate access by the City. Verizon shall not be required to maintain any books and records for Franchise compliance purposes longer than three (3) years. Notwithstanding anything to the contrary set forth herein, Verizon shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, or to disclose any of its or an Affiliate's books and records not relating to the provision of Cable Service in the Service Area. The City shall treat any information disclosed by Verizon as confidential and only disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof. Verizon shall not be required to provide Subscriber information in violation of Section 631 of the Communications Act, 47 U.S.C. §551. 10.2. Audit Provision: Inspections performed pursuant to Section 10.1 of this Agreement may include an audit of all records reasonably necessary to confirm the accurate payment of any amounts payable by Verizon to the City under this Agreement. Verizon shall bear the City's reasonable, documented out-of-pocket expenses of any such audit performed by a qualified, independent in-house or third -party auditor, up to a maximum of forty thousand dollars ($40,000), if such audit discloses an underpayment by Verizon of more than three percent (3%) of any quarterly payment and five thousand dollars ($5,000) or more. The City shall not audit Verizon more frequently than once every twenty-four (24) months. The City shall have no more than three (3) years from the time Verizon delivers a payment to provide a written, detailed objection to or dispute of that payment, and if the City fails to object to or dispute the payment within that time period, the City shall be barred from objecting to or disputing it after that time period. Verizon shall be provided a reasonable opportunity to review the results of any audit and to dispute any audit results which indicate an underpayment to the City. In the event that Verizon disputes any underpayment discovered as the result of an audit conducted by the City, the City shall work together with Verizon in good faith to promptly resolve such dispute. The City and Verizon maintain all rights and remedies available at law regarding any disputed amounts. The City may require Verizon to pay any additional undisputed amounts due to the City as a result of an audit performed by the City pursuant to this Section 10.2 within thirty (30) days following receipt by Verizon of written notice by the City. To the extent permitted by law and unless otherwise agreed to by the parties in writing, no acceptance of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of this Franchise. Notwithstanding the foregoing, Verizon shall not be obligated to bear any audit expenses for any auditor utilized by the City (whether in-house or third party) that is compensated on a success based formula, e.g., payment based on a percentage of underpayment, if any. 10.3. Records Required: Verizon shall at all times maintain: 17 10.3. 1. Records of all written Complaints for a period of three (3) years after receipt by Verizon. Complaints recorded will not be limited to Complaints requiring an employee service call; 10.3.2. Records of outages for a period of three (3) years after occurrence, indicating date, duration, area, and the number of Subscribers affected, type of outage, and cause; 10.3.3. Records of service calls for repair and maintenance for a period of three (3) years after resolution by Verizon, indicating the date and time service was required, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was resolved; 10.3.4. Records of installation/reconnection and requests for service extension for a period of three years after the request was fulfilled by Verizon, indicating the date of request, date of acknowledgment, and the date and time service was extended. 10.4. Annual Report: Within ninety (90) days of the end of Verizon's fiscal year, including the fiscal year in which the Franchise becomes effective, Verizon shall file with City an annual report that includes, for the relevant year, the following: 10.4.1. an unaudited financial statement of Verizon, which will include (i) gross revenues; (ii) a copy of Verizon Communications Inc.'s (Verizon's parent) 10-K report; and (iii) a statement of Gross Revenues for the previous calendar or fiscal year; 10.4.2. a full schedule of Verizon's Cable Service rates, fees and charges, including Cable Services begun or discontinued during the relevant year 10.4.3. a current copy of the Subscriber service agreement; 10.4.4. a summary of all recorded Complaints, including a brief description of any unresolved Complaints. 10.5. Provision of Maps to the City: Upon request, Verizon shall provide to the City updated maps of the Franchise Area which shall delineate the areas within the Franchise Area where Cable Service is available to Subscribers. 10.6. Annual Evaluation Sessions: Upon ninety (90) days' written notice, the City may require annual evaluation sessions during the term of this Franchise; provided however, that there shall not be more than one (1) evaluation session during any calendar year. Topics which may be discussed include, but are not limited to, Channel capacity, System performance, programming, the PEG Access Channel programming, municipal use of the Cable System, and Subscriber Complaints. During each evaluation session, Verizon shall fully cooperate with the City to provide without cost such relevant, non -confidential information as the City may reasonably request. 18 10.7. Proprietary and Confidential Information: Notwithstanding anything to the contrary set forth herein, Verizon shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, or to disclose any of its or an Affiliate's books and records not relating to the provision of Cable Service in the Service Area. If Verizon believes that any requested information is confidential and proprietary, Verizon must provide the following documentation to the City: (i) specific identification of the information; (ii) a statement attesting to the reason(s) Verizon believes the information is confidential and/or proprietary; and (iii) a statement that the document(s) are available for inspection by the City. Such inspection shall take place at a mutually agreed location. Verizon shall be responsible for clearly and conspicuously stamping the word "Confidential" on each page that contains any confidential and proprietary information. Unless otherwise ordered by a court or agency of competent jurisdiction, the City agrees that, to the extent permitted by applicable law, it shall deny access to any of Verizon's information marked "Confidential" as set forth in this Section 10.7 to any Person. If, in the course of enforcing this Agreement or for any other reason, the City believes it must disclose any information marked "Confidential" as set forth in this Section 10.7, the City shall provide reasonable advance notice of such disclosure so that Verizon can take appropriate steps to protect its interests. If the City receives a demand from any Person for disclosure of any information identified as "Confidential" pursuant to this Section 10.7, the City shall, so far as consistent with applicable law and within a reasonable time, advise Verizon and provide Verizon with a copy of any written request prior to granting the Person access to such information. Verizon shall not be required to provide Subscriber information in violation of Section 631 of the Communications Act, 47 U.S.C. §551. 11. INDEMNIFICATION AND INSURANCE 11.1. Indemnification: 11.1.1. Verizon agrees to indemnify, save and hold harmless, and defend the City, its officers, agents, boards and employees, from and against any liability for damages or claims resulting from tangible property damage or bodily injury (including accidental death), to the extent proximately caused by Verizon's negligent construction, operation, or maintenance of its Cable System, provided that the City shall give Verizon written notice of its obligation to indemnify the City within ten (10) days of receipt of a claim or action pursuant to this Subsection 11.1.1. Verizon also agrees to indemnify, save and hold harmless, and defend the City, its officers, agents, boards and employees, from and against any liability for damages arising out of copyright infringements or a failure by Verizon to secure consents from the owners or authorized distributors of programs to be delivered by the Cable System. These damages shall include but not be limited to penalties arising out of copyright infringements and damages arising out of any failure by Verizon to secure consents from the owners, authorized distributors or licensees of programs to be delivered by Verizon's Cable System, whether or not any act or omission complained of is authorized, allowed or prohibited by the Agreement. Notwithstanding the foregoing, Verizon shall not indemnify the City, for any damages, liability or claims resulting from the willful misconduct or negligence of the City, its officers, agents, employees, attorneys, consultants, independent contractors or third parties or for any activity or function conducted by any Person other than Verizon, its officers, agents, employees, attorneys, consultants, or contractors in connection with PEG Access or EAS, or the distribution of any Cable Service over the Cable System. IM 11. 1.2. With respect to Verizon's indemnity obligations set forth in Subsection 11.1.1, Verizon shall defend any claims brought against the City by selecting counsel of Verizon's choice to defend the claim, subject to the consent of the City, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the City from cooperating with Verizon and its selected counsel or from participating in the defense of any litigation by appearance of its own counsel at its own cost and expense, provided however, that after consultation with the City, Verizon shall have the right to defend, settle or compromise any claim or action that Verizon has agreed to defend or indemnify, and Verizon shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such proposed settlement includes the release of the City and/or seek to impose any obligation upon the City to act or refrain from acting and the City does not consent to the terms of any such settlement or compromise, Verizon shall not settle the claim or action but its obligation to indemnify the City shall in no event exceed the amount of such settlement. 11.1.3. The City shall be responsible for its own acts of willful misconduct or negligence, or breach of obligation committed by the City for which the City is legally responsible, subject to any and all defenses and limitations of liability provided by law. Verizon shall not be required to indemnify the City for acts of the City which constitute willful misconduct or negligence on the part of the City, its officers, employees, agents, attorneys, consultants, independent contractors or third parties. 11.2. Insurance 11.2.1. Verizon shall maintain throughout the term of the Franchise, commercial general liability insurance insuring Verizon. All liability insurance shall name as additional insureds the City and the City's officials, employees and agents, with respect to all claims arising out of the operation and maintenance of the Cable System under the Franchise. Liability insurance mentioned herein below shall be in the minimum amounts of: $5,000,000.00 for bodily injury or death to anyone person, within the limit of ten million dollars ($10,000,000) for bodily injury or death resulting from anyone accident; $5,000,000.00 for property damage, including damage to the City's property, from any one accident; $5,000,000.00 for all other types of liability resulting from anyone occurrence; Workers Compensation Insurance as required by the Commonwealth of Virginia; 11.2.2. Verizon shall carry and maintain in its own name automobile liability insurance with a limit of $5,000,000 for each person and $5,000,000 for each accident for property damage with respect to owned and non -owned automobiles for the operation of which Verizon is responsible. 20 11.2.3. The insurer waives any right to contribution against insurance which may be available to the City. 11.2.4. All policies of insurance required by this Section 11.2 shall be placed with companies which are qualified to write insurance in the Commonwealth of Virginia and which maintain throughout the policy term a General Rating of "A-" and a Financial Size Category of "A:VII" as determined by Best Insurance Rating Services. 11.2.5. Verizon shall deliver to the City Certificates of Insurance showing evidence of the coverage required by this Section 11.2, which Certificates of Insurance shall be maintained by the City during the Term of the Franchise. 11.2.6. Neither the provisions of this Section 11.2, nor any damages recovered by the City thereunder, shall be construed to limit the liability of Verizon under this Franchise or for damages. 11.2.7. The insurance policies required by this Section 11.2 shall be primary to any insurance or self-insurance carried by the City. The insurance policies required by this Section 11.2 shall be carried and maintained by Verizon throughout the term of this Franchise and such other period of time during which Verizon operates its Cable System in the Franchise Area. Each policy shall contain a provision providing that the insurance policy may not be canceled by the surety nor the intention not to renew be stated by the surety until thirty (30) days after receipt by the City, by mail, of written notice of such intention to cancel or not to renew. 11.3 Nothing in this Article 11 shall require Verizon to indemnify, hold harmless or defend the City, its officials, employees or agents, from any claims or lawsuits arising out of the City's award of a franchise to another cable operator. 12. TRANSFER OF FRANCHISE 12.1. Subject to Section 617 of the Communications Act, 47 U.S.C. § 537, no Transfer of the Franchise shall occur without the prior consent of the City, provided that such consent shall not be unreasonably withheld, delayed or conditioned. No such consent shall be required, however, for transactions excluded under Section 2.42 above. 12.2. Assignment to Verizon South Inc.: Notwithstanding anything to the contrary herein, the City expressly acknowledges and agrees that Verizon is permitted to assign the right to provide Cable Service in the Franchise Area to Verizon South Inc., an Affiliate of Verizon, without obtaining any prior approval from the City. Verizon will notify the City if at any time an assignment covered by this Section 12.2 occurs. Such assignment shall not release Verizon from any of the terms and conditions imposed in this Agreement and Verizon shall remain solely liable to the City for the performance of those terms and conditions. 21 13. ENFORCEMENT AND TERMINATION OF FRANCHISE 13.1. Notice of Violation: If at any time the City believes that Verizon has not complied with the terms of the Franchise, the City shall informally discuss the matter with Verizon. If these discussions do not lead to resolution of the problem in a reasonable time, the City shall then notify Verizon in writing of the exact nature of the alleged noncompliance in a reasonable time (for purposes of this Article 13, the "Noncompliance Notice"). 13.2. Verizon's Right to Cure or Respond: Verizon shall have fifteen (15) days from receipt of the Noncompliance Notice to: (i) respond to the City, if Verizon contests (in whole or in part) the assertion of noncompliance; (ii) cure such noncompliance; or (iii) in the event that, by its nature, such noncompliance cannot be cured within such fifteen (15) day period, initiate reasonable steps to remedy such noncompliance and notify the City of the steps being taken and the date by which cure is projected to be completed. Upon cure of any noncompliance, City shall provide written confirmation that such cure has been effected. 13.3. Public Hearing: The City shall schedule a public hearing if the City seeks to continue its investigation into the alleged noncompliance in the event that: (1) Verizon fails to respond to the Noncompliance Notice pursuant to the procedures required by this Article 13, or (2) in the event that Verizon has not remedied the alleged noncompliance within thirty (30) days of the date projected pursuant to Section 13.2 above. Such public hearing may, at the sole option of the City, be before the City Council or such other officer or officers of the City as the City Council may appoint for such purpose. The City shall provide Verizon at least thirty (30) business days prior written notice of such public hearing, which will specify the time, place and purpose of such public hearing, and provide Verizon the opportunity to be heard. 13.4. Enforcement: Subject to applicable federal and state law, in the event the City, after the public hearing set forth in Section 13.3, determines that Verizon is in default of any provision of this Franchise, the City may: 13.4.1. Liquidated Damages: Enforce the following liquidated damages for the following violations of this Agreement. Verizon hereby acknowledges that such violations result in injury to the City and that it is impracticable to determine the actual amount of such damage in the event of delay or nonperformance: 13.4.1.1. For failure to materially comply with reporting requirements as set forth in Article 10 of this Franchise, the liquidated damage shall be Two Hundred Dollars ($200.00) per day; 13.4.1.2. For failure to materially comply with the carriage of PEG Access Channels requirements as set forth in Article 7 of this Franchise, the liquidated damage shall be Three Hundred ($300.00) per day for each day, or part thereof, such breach occurs or continues; 22 13.4.1.3. For failure to maintain a local payment capability pursuant to Exhibit B Section LE of this Franchise, the liquidated damage shall be One Hundred Fifty Dollars ($150.00) per day for each day, or part thereof, such breach occurs or continues. 13.4.1.4. A separate violation of the customer service standards of this Franchise shall be deemed to occur whenever the City reasonably determines that a separate customer service violation has occurred on one day; provided, however, that Verizon shall not be charged with multiple violations for a single act or event affecting one or more subscribers on the same day. 13.4.1.5. Payment by Verizon of any of the foregoing liquidated damages assessments shall be due thirty (30) days after the date of the public hearing referenced in Section 13.3. If Verizon does not make payment within that period, the City may withdraw from Verizon's Letter of Credit the amount assessed. 13.4.1.6. The amount of all liquidated damages per annum shall not exceed Seventy Five Thousand Dollars ($75,000) in the aggregate. 13.4.2. In the case of a substantial material default of a material provision of the Franchise, the City may seek to revoke the Franchise in accordance with Section 13.5. 13.5. Revocation: Should the City seek to revoke this Franchise after following the procedures set forth in this Article 13, including the public hearing described in Section 13.3, the City shall give written notice to Verizon of such intent. The notice shall set forth the specific nature of the noncompliance. Verizon shall have ninety (90) days from receipt of such notice to object in writing and to state its reasons for such objection. In the event the City has not received a satisfactory response from Verizon, it may then seek termination of the Franchise at a second public hearing. Such public hearing may, at the sole option of the City, be before the City Council or such other officer or officers of the City as the City Council may appoint for such purpose. The City shall cause to be served upon Verizon at the address specified in Subsection 14.11.1 of this Franchise, at least thirty (30) business days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to revoke the Franchise 13.5.1. At the designated hearing, Verizon and the City shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the relevant testimony of the officials, agents, employees or consultants of the City, to compel the testimony of other Persons as permitted by law, and to question and/or cross examine witnesses. A complete verbatim record and transcript shall be made of such hearing 13.5.2. Following the public hearing, Verizon shall be provided up to thirty (30) days to submit its proposed findings and conclusions in writing and thereafter the City shall determine (i) whether an event of default has occurred; (ii) whether such event of default is excusable; and (iii) whether such event of default has been cured or will be cured by Verizon. The City shall also determine whether to revoke the Franchise based on the information presented, or, where applicable, grant additional time to Verizon to affect any cure. If the City determines that the Franchise should be revoked, the City shall promptly provide Verizon with a 23 written decision setting forth its reasoning. Verizon may appeal such determination of the City to an appropriate court, in which event the City may assert any counterclaims arising from the subject matter of the proceedings in accordance with applicable law. The parties shall be entitled to such relief as the court finds appropriate. Such appeal must be taken within sixty (60) days of Verizon's receipt of the determination of the franchising authority. 13.5.3. The City may, at its sole discretion, take any lawful action which it deems appropriate to enforce the City's rights under the Franchise in lieu of revocation of the Franchise. 13.6. Letter of Credit: 13.6.1. Verizon shall maintain throughout the term of this Agreement an irrevocable letter of credit ("Letter of Credit"), in the principal amount of Fifty Thousand Dollars, ($50,000) issued by a federally insured lending institution licensed to do business in Virginia ("Lending Institution"). A copy of the existing Letter of Credit is attached hereto as Exhibit C; copies of any relevant replacement or re -issued Letter(s) of Credit will be provided to the City by Verizon subsequent to issuance by the Lending Institution. The Letter of Credit shall serve as security for the substantial performance by Verizon of all terms and conditions of this Agreement. 13.6.2. If the City notifies Verizon of any amounts due to the City pursuant to this Agreement under applicable law, and Verizon does not make such payment within thirty (30) days, the City may draw upon the Letter of Credit by presentation of a draft at sight drawn on the Lending Institution, accompanied by a written certificate signed by the City Manager certifying that Verizon has failed to comply with this Agreement and stating the specific reason therefore and the basis for the amount being withdrawn. Verizon shall not use the Letter of Credit for other purposes and shall not assign, pledge or otherwise use this Letter of Credit as security for any purpose. 13.6.3. In the event the Lending Institution serves notice to the City that it elects not to renew the Letter of Credit, the City may withdraw the entire amount of the Letter of Credit unless Verizon provides a substitute Letter of Credit, in substantially the same form as that attached hereto as Exhibit C, from a Lending Institution, before the effective Letter of Credit expires. 13.6.4. No later than thirty (30) days after mailing of notification to Verizon by certified mail, return receipt requested of a withdrawal under the Letter of Credit, Verizon shall restore the amount of the Letter of Credit to the total amount specified herein. 13.6.5. No recovery by the City of any sum by reason of the Letter of Credit required in Section 13.6 of this Agreement shall be any limitation upon the liability of Verizon to the City under the terms of this Agreement, except that any sums so received by the City shall be deducted from any other recovery obtained by the City against Verizon for the same violation or violations of this Agreement. 24 14. MISCELLANEOUS PROVISIONS 14.1. Compliance with Laws: Verizon and the City shall comply with all applicable state and federal laws and rules regarding cable television as they become effective. Except as otherwise provided by law or by Section 3.8 of this Agreement, Verizon shall also comply with all applicable City ordinances, resolutions, rules and regulations of general applicability heretofore or hereafter adopted or established during the entire term of the Franchise. Notwithstanding the foregoing or any other item in this Agreement to the contrary, the parties acknowledge that, as of the Effective Date of this Agreement, there is no cable ordinance of general applicability within the City. In the event the City lawfully enacts any cable ordinance of general applicability, this Agreement will prevail with respect to any inconsistency between such ordinance and this Agreement. 14.2. Franchise Renewal: Any renewal of this Franchise shall be performed in accordance with applicable federal, state and local laws and regulations. 14.3. Conflict Between Federal and State Laws and this Agreement: 14.3.1. If any federal or state law or regulation requires Verizon to perform any service or act, or prohibits Verizon from performing any service or act, which may be in conflict with the terms of this Franchise, then as soon as possible following either party's actual knowledge thereof, each party shall use good faith efforts to notify the other party of the point of conflict believed to exist between such law or regulation. 14.3.2. If any federal or state law or regulation permits Verizon to perform any service or act, or permits Verizon to cease the performance of any service or act, which may result in the failure of Verizon to substantially perform any of its obligations under this Franchise, then, upon any determination by Verizon to exercise such permission, Verizon shall, within a reasonable time, notify the City of its determination and the law or regulation pursuant to which the determination was made. 14.4. Rights Cumulative: All rights and remedies given to the City and Verizon by this Franchise shall be in addition to and cumulative with any and all other rights or remedies, existing or implied, now or hereafter available to the City and Verizon at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the City and Verizon, and the exercise of one (1) or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 14.5. Incorporation of Attachments: The attachments to this Franchise consisting of Exhibits A through E, as specifically incorporated herein and made a part hereof. 14.6. Calculation of Time: Where the performance or doing of any act, duty, matter, payment or thing is required hereunder and the period of time or duration for the performance or doing thereof is prescribed and fixed herein, the time shall be computed so as to exclude the first and include the last day of any prescribed or fixed period or duration of time. When the last day of the period falls on a Saturday, Sunday or legal holiday, that day shall be 25 omitted from the computation. Unless otherwise specifically stated, the calculation of days shall be based upon calendar and not business days. 14.7. Confidentiality: To the fullest extent allowed by law, the City shall keep confidential any information identified as confidential by Verizon, and provided to City by Verizon pursuant to this Franchise. 14.8. Force Majeure: In the event Verizon unavoidably fails to comply with any deadline or schedule contained herein, or unavoidably fails to perform any of the terms and conditions contained herein, without any fault or negligence of Verizon, by reason of Force Majeure, Verizon shall not be deemed in breach of this Franchise and shall be entitled to an appropriate extension of applicable deadlines or schedules. Verizon shall not be held in default under, or in noncompliance with, the provision of this Agreement, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred as a result of or were caused by an act of Force Majeure. 14.9. Binding Acceptance: This Agreement shall bind and benefit the parties hereto and their respective heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns, and the promises and obligations herein shall survive the expiration date hereof. 14.10. Preemption: In the event that federal or state law, rules, or regulations preempt a provision or limit the enforceability of a provision of this Agreement, the provision shall be read to be preempted to the extent, and for the time, but only to the extent and for the time, required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the City. 14.11. Notices: Unless otherwise expressly stated herein, notices required under the Franchise shall be mailed first class, postage prepaid, or, at the option of the sending party, by overnight delivery service, to the addressees below. Each party may change its designee by providing written notice to the other party. 14.11.1. Notices to Verizon shall be mailed to: Robert W. Woltz, Jr. President, Verizon Virginia Inc. 600 E. Main Street Suite 1100 Richmond, VA 23219 with a copy to: Jack White Senior Vice President & General Counsel — 26 Verizon Telecom One Verizon Way Room VC43E010 Basking Ridge, NJ 07920-1097 14.11.2. Notices to the City shall be mailed to: City Manager City of Virginia Beach Building 1, Room 234 2401 Courthouse Drive Virginia Beach, Virginia 23456 with a copy to: City Attorney City of Virginia Beach Building 1, Room 260 2401 Courthouse Drive Virginia Beach, Virginia 23456 14.12. Entire Agreement: This Franchise and the Exhibits hereto constitute the entire agreement between Verizon and the City with respect to the provision of Cable Services in the Service Area by Verizon, and supersede all prior or contemporaneous agreements, representations or understanding (whether written or oral) of the parties regarding the subject matter hereof. 14.13. Amendments: Amendments to this Franchise shall be mutually agreed to in writing by the parties. 14.14. Severability: If any section, subsection, sentence, paragraph, term, or provision hereof is determined to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, subsection, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the Franchise. 14.15. Recitals: The recitals set forth in this Agreement are incorporated into the body of this Agreement as if they had been originally set forth herein. 14.16. Communications with Regulatory Agencies: Upon request, Verizon shall provide the City with a copy of any document (redacted and confidential information excluded) filed by Verizon with any regulatory agency or other legislative body (other than publicly available agency mailings or publications) that materially and expressly pertains to the provision of Cable Services within the City. The results of any tests of the Cable System required to be 27 filed by Verizon with the FCC shall, upon request of the City, also be filed with the City or its designee within ten (10) days of such request. 14.17. FTTP Network Transfer Prohibition: Verizon or its assignees shall not be required to sell any right, title, interest, use or control of any portion of Verizon's FTTP Network including, without limitation, the Cable System and any capacity used for Cable Service or otherwise, to the City or any third party, and shall not be required to remove the FTTP Network or to relocate the FTTP Network or any portion thereof, as a result of revocation, expiration, termination, denial of renewal or any other action to forbid or disallow Verizon from providing Cable Services. This provision is not intended to contravene leased access requirements under Title VI or PEG requirements set out in this Agreement. 14.18. Actions of Parties: With respect to any action by the City or Verizon that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner. Furthermore, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld, delayed or conditioned. 14.19. Captions: The captions and headings of articles and sections throughout this Agreement are intended solely to facilitate reading and reference to such articles and sections. Such captions shall not affect the meaning or interpretation of this Agreement. 14.20. Limitations on Indemnification of Verizon by City: Any right by Verizon to seek indemnification from the City shall be subject to applicable federal and state law. SIGNATURE PAGE FOLLOWS 28 AGREED TO THIS DAY OF , 2007. CITY OF VIRGINIA BEACH By: Its Mayor VERIZON VIRGINIA INC. By: Robert W. Woltz, Jr. Verizon Virginia Inc., President Approved as to Content: De ment of Communications and Information Technology EXHIBITS Exhibit A: Initial Service Area Exhibit B: Customer Service Standards Exhibit C: Irrevocable Letter of Credit Exhibit D: Franchise Fee Quarterly Report Form Exhibit E: Municipal Buildings List 29 Approved as to Legal Sufficiency: ). g'k-x - Office of City Attorney EXHIBIT A INITIAL SERVICE AREA EXHIBIT B CUSTOMER SERVICE STANDARDS These standards shall apply to Verizon to the extent it is providing Cable Services over the Cable System in the Franchise area. SECTION 1. DEFINITIONS The following definitions apply to this Exhibit B: A. Respond: Verizon's investigation of a Service Interruption by receiving a Subscriber call and opening a trouble ticket, if required. B. Service Call: The action taken by Verizon to correct a Service Interruption the effect of which is limited to an individual Subscriber. C. Significant Outage: A significant outage of the Cable Service shall mean any Service Interruption lasting at least four (4) continuous hours that affects at least ten percent (10%) of the Subscribers in the Service Area. D. Standard Installation: Installations where the subscriber is within one hundred fifty (150) feet of trunk or feeder lines. SECTION 2. TELEPHONE AVAILABILITY A. Verizon shall maintain a toll-free number to receive all calls and inquiries from Subscribers in the Franchise Area and/or residents regarding Cable Service. Verizon representatives trained and qualified to answer questions related to Cable Service in the Service Area must be available to receive reports of Service Interruptions twenty-four (24) hours a day, seven (7) days a week, and other inquiries at least forty-five (45) hours per week. Verizon representatives shall identify themselves by name when answering this number. B. Verizon's telephone numbers shall be listed, with appropriate description (e.g. administration, customer service, billing, repair, etc.), in the directory published by the local telephone company or companies serving the Service Area, beginning with the next publication cycle after acceptance of this Franchise by Verizon. C. Verizon may use an Automated Response Unit ("ARU") or a Voice Response Unit ("VRU") to distribute calls. If a foreign language routing option is provided, and the Subscriber does not enter an option, the menu will default to the first tier menu of English options. 31 After the first tier menu (not including a foreign language rollout) has run through three times, if customers do not select any option, the ARU or VRU will forward the call to a queue for a live representative. Verizon may reasonably substitute this requirement with another method of handling calls from customers who do not have touch-tone telephones. D. Under Normal Operating Conditions, calls received by Verizon shall be answered within thirty (30) seconds. Verizon shall meet this standard for ninety percent (90%) of the calls it receives at all call centers receiving calls from Subscribers, as measured on a cumulative quarterly calendar basis. Measurement of this standard shall include all calls received by Verizon at all call centers receiving calls from Subscribers, whether they are answered by a live representative, by an automated attendant, or abandoned after 30 seconds of call waiting. E. Under Normal Operating Conditions, callers to Verizon shall receive a busy signal no more than three (3%) percent of the time during any calendar quarter. F. Beginning six (6) months after the Adoption Date, Verizon shall provide the City with a quarterly report, in no event more than once a quarter and within thirty (30) days following the end of each calendar quarter, noting the following for all call centers receiving calls from Subscribers except for temporary telephone numbers set up for national promotions: (1) Percentage of calls answered .within thirty (30) seconds as set forth in Subsection 2.D. (2) Percentage of time customers received busy signal when calling Verizon service center as set forth in Subsection 2.E. Subject to consumer privacy requirements, underlying activity will be made available to the City for review upon reasonable request. G. At Verizon's option, the measurements and reporting above may be changed from calendar quarters to billing or accounting quarters. Verizon shall notify the City of such a change at least thirty (30) days in advance of any implementation. SECTION 3. INSTALLATIONS AND SERVICE APPOINTMENTS A. All installations will be in accordance with FCC rules, including but not limited to, appropriate grounding, connection of equipment to ensure reception of Cable Service, and the provision of required consumer information and literature to adequately inform the Subscriber in the utilization of Verizon -supplied equipment and Cable Service. B. The Standard Installation shall be performed within seven (7) business days after the placement of the Optical Network Terminal ("ONT") on the customer's premises or within seven (7) business days after an order is placed if the ONT is already installed on the customer's premises. Verizon shall meet this standard for ninety-five percent (95%) of the Standard Installations it performs, as measured on a calendar quarter basis, excluding customer requests for connection later than seven (7) days after ONT placement or later than seven (7) days after an order is placed if the ONT is already installed on the customer's premises. The ONT shall be 32 installed within seven (7) business days after an order is placed excluding customer requests for installation later than seven (7) days after an order is placed. C. Beginning six (6) months after the Adoption Date, Verizon shall provide the City with a quarterly report, in no event more than once a quarter and within thirty (30) days following the end of each calendar quarter, noting the percentage of Standard Installations completed within the seven (7) day period, excluding those requested outside of the seven (7) day period by the Subscriber. Subject to consumer privacy requirements, underlying activity will be made available to the City for review upon reasonable request. At Verizon's option, the measurements and reporting of above may be changed from calendar quarters to billing or accounting quarters. Verizon shall notify the City of such a change not less than thirty (30) days in advance. D. Verizon will offer Subscribers "appointment window" alternatives for arrival to perform installations, Service Calls and other activities of a maximum four (4) hours scheduled time block during appropriate daylight available hours, usually beginning at 8:00 AM unless it is deemed appropriate to begin earlier by location exception. At Verizon's discretion, Verizon may offer Subscribers appointment arrival times other than these four (4) hour time blocks, if agreeable to the Subscriber. These hour restrictions do not apply to weekends. (1) Verizon may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment (2) If Verizon's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer (3) The foregoing subsections (1) and (2) do not apply where Verizon reasonably deems the circumstances unsafe for its technicians or employees, including but not limited to an event of national importance, fire, explosion or other catastrophe, or severe weather conditions such as hurricane, tornado, blizzard, severe ice damage, or major flood. E. Parental Controls: Verizon will offer customers a set top box to enable Parental Controls. Subscribers will be able to create a personal identification number ("PIN") to prevent selected content from being viewed. SECTION 4. SERVICE INTERRUPTIONS AND OUTAGES A. Verizon shall notify the City of any Significant Outage of the Cable Service. B. Verizon shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, Verizon may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the City and each affected Subscriber in the Service Area have been given fifteen (15) days prior notice of the proposed Significant Outage. 33 Notwithstanding the forgoing, Verizon may perform modifications, repairs and upgrades to the System between 12.01 a.m. and 6 a.m. which may interrupt service, and this Section's notice obligations respecting such possible interruptions will be satisfied by notice provided to Subscribers upon installation and in the annual subscriber notice. C. Verizon representatives who are capable of responding to Service Interruptions must be available to Respond twenty-four (24) hours a day, seven (7) days a week. D. Under Normal Operating Conditions, Verizon must Respond to a call from a Subscriber regarding a Service Interruption or other service problems within the following time frames: (1) Within twenty-four (24) hours, including weekends, of receiving subscriber calls respecting Service Interruptions in the Service Area. (2) Verizon must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the City of a Cable Service problem. E. Under Normal Operating Conditions, Verizon shall complete Service Calls within seventy-two (72) hours of the time Verizon commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period. F. Verizon shall meet the standard in Subsection E. of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis. G. Beginning six (6) months from the Adoption Date, Verizon shall provide the City with a quarterly report, • in no event more than once a quarter and within thirty (30) days following the end of each calendar quarter, noting the percentage of Service Calls completed within the seventy-two (72) hour period not including Service Calls where the Subscriber was reasonably unavailable for a Service Call within the seventy-two (72) hour period as set forth in this Section. Subject to consumer privacy requirements, underlying activity will be made available to the City for review upon reasonable request. At Verizon's option, the above measurements and reporting may be changed from calendar quarters to billing or accounting quarters. Verizon shall notify the City of such a change at least thirty (30) days in advance. H. Under Normal Operating Conditions, Verizon shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of four (4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow Verizon to verify the problem if requested by Verizon. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available. 1. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, Verizon shall 34 issue an automatic credit to the affected Subscribers in the amount equal to their monthly recurring charges for the proportionate time the Cable Service was out, or a credit to the affected subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by Verizon provided such determination is non- discriminatory. Such credit shall be reflected on Subscriber billing statements within the next available billing cycle following the outage SECTION 5. CUSTOMER COMPLAINTS Under Normal Operating Conditions, Verizon shall investigate Subscriber Complaints referred by the City within five (5) business days. Verizon shall notify the City of those matters that necessitate an excess of five (5) business days to resolve, but those matters must be resolved within fifteen (15) days of the initial Complaint. The City may require reasonable documentation to be provided by Verizon to substantiate the request for additional time to resolve the problem. For purposes of this Section, "resolve" means that Verizon shall perform those actions, which, in the normal course of business, are necessary to investigate the Customer's Complaint and advise the Customer of the results of that investigation. SECTION 6. BILLING A. Subscriber bills must be itemized to describe Cable Services purchased by Subscribers and related equipment charges. Bills shall clearly delineate activity during the billing period, including optional charges, rebates, credits, and aggregate late charges. Verizon shall, without limitation as to additional line items, be allowed to itemize as separate line items, Franchise fees, taxes and/or other governmentally imposed fees. Verizon shall maintain records of the date and place of mailing of bills. B. Every Subscriber with a current account balance sending payment directly to Verizon shall be given at least twenty (20) days from the date statements are mailed to the Subscriber until the payment due date. C. A specific due date shall be listed on the bill of every Subscriber whose account is current. Delinquent accounts may receive a bill which lists the due date as upon receipt; however, the current portion of that bill shall not be considered past due except in accordance with Subsection 6.B. above. D. Any Subscriber who, in good faith, disputes all or part of any bill shall have the option of withholding the disputed amount without disconnect or late fee being assessed until the dispute is resolved provided that: (1) The Subscriber pays all undisputed charges; (2) The Subscriber provides notification of the dispute to Verizon within five (5) days prior to the due date; and 35 (3) The Subscriber cooperates in determining the accuracy and/or appropriateness of the charges in dispute. (4) It shall be within Verizon's sole discretion to determine when the dispute has been resolved. E. Under Normal Operating Conditions, Verizon shall initiate investigation and resolution of all billing Complaints received from Subscribers within five (5) business days of receipt of the Complaint. Final resolution shall not be unreasonably delayed. F. Verizon shall provide a telephone number and address on the bill for Subscribers to contact Verizon. G. Verizon shall forward a copy of any Cable Service related billing inserts or other mailing sent to Subscribers to the City upon request. H. Verizon shall provide all Subscribers with the option of paying for Cable Service by check or an automatic payment option where the amount of the bill is automatically deducted from a checking account designated by the Subscriber. Verizon may in the future, at its' discretion, permit payment by using a major credit card on a preauthorized basis. Based on credit history, at the option of Verizon, the payment alternative may be limited. SECTION 7. DEPOSITS, REFUNDS AND CREDITS A. Verizon may require refundable deposits from Subscribers 1) with a poor credit or poor payment history, 2) who refuse to provide credit history information to Verizon, or 3) who rent Subscriber equipment from Verizon, so long as such deposits are applied on a non- discriminatory basis. The deposit Verizon may charge Subscribers with poor credit or poor payment history or who refuse to provide credit information may not exceed an amount equal to an average Subscriber's monthly charge multiplied by six (6). The maximum deposit Verizon may charge for Subscriber equipment is the cost of the equipment which Verizon would need to purchase to replace the equipment rented to the Subscriber. B. Verizon shall refund or credit the Subscriber for the amount of the deposit collected for equipment, which is unrelated to poor credit or poor payment history, after one year and provided the Subscriber has demonstrated good payment history during this period. Verizon shall pay interest on other deposits if required by law. C. Under Normal Operating Conditions, refund checks will be issued within the next available billing cycle following the resolution of the event giving rise to the refund, (e.g. equipment return and final bill payment). D. Credits for Cable Service will be issued no later than the Subscriber's next available billing cycle, following the determination that a credit is warranted, and the credit is approved and processed. Such approval and processing shall not be unreasonably delayed. 36 E. Bills shall be considered paid when appropriate payment is received by Verizon or its authorized agent. Appropriate time considerations shall be included in Verizon's collection procedures to assure that payments due have been received before late notices or termination notices are sent. SECTION 8. RATES, FEES AND CHARGES A. Verizon shall not, except to the extent permitted by law, impose any fee or charge for Service Calls to a Subscriber's premises to perform any repair or maintenance work related to Verizon equipment necessary to receive Cable Service, except where such problem is caused by a negligent or wrongful act of the Subscriber (including, but not limited to a situation in which the Subscriber reconnects Verizon equipment incorrectly) or by the failure of the Subscriber to take reasonable precautions to protect Verizon's equipment (for example, a dog chew). B. Verizon shall provide reasonable notice to Subscribers of the possible assessment of a late fee on bills or by separate notice. SECTION 9. DISCONNECTION / DENIAL OF SERVICE A. Verizon shall not terminate Cable Service for nonpayment of a delinquent account unless Verizon mails a notice of the delinquency and impending termination prior to the proposed final termination. The notice shall be mailed to the Subscriber to whom the Cable Service is billed. The notice of delinquency and impending termination may be part of a billing statement. B. Cable Service terminated in error must be restored without charge within twenty- four (24) hours of notice. If a Subscriber was billed for the period during which Cable Service was terminated in error, a credit shall be issued to the Subscriber if the Service Interruption was reported by the Subscriber. C. Nothing in these standards shall limit the right of Verizon to deny Cable Service for non-payment of previously provided Cable Services, refusal to pay any required deposit, theft of Cable Service, damage to Verizon's equipment, abusive and/or threatening behavior toward Verizon's employees or representatives, or refusal to provide credit history information or refusal to allow Verizon to validate the identity, credit history and credit worthiness via an external credit agency. SECTION 10. COMMUNICATIONS WITH SUBSCRIBERS A. Verizon shall provide a designated local office in the City that provides customer services such as bill payment, equipment pick up or drop off and similar services when Verizon has attained a minimum of Thirteen thousand (13,000) Subscribers. Prior to attaining this level of Subscribers, Verizon shall provide a convenient alternative means for bill payment, and Verizon shall provide for the pick up or drop off of equipment by any one or more of the 37 following: (i) having a Verizon representative go to the Subscriber's premises; (ii) using a mailer; or (iii) establishing a location(s) for the pick up and drop off of equipment. B. All Verizon personnel, contractors and subcontractors contacting Subscribers or potential Subscribers outside the office of Verizon shall wear a clearly visible identification card bearing their name and photograph. Verizon shall make reasonable effort to account for all identification cards at all times. In addition, all Verizon representatives shall wear appropriate clothing while working at a Subscriber's premises. Every service vehicle of Verizon and its contractors or subcontractors shall be clearly identified as such to the public. Specifically, Verizon vehicles shall have Verizon's logo plainly visible. The vehicles of those contractors and subcontractors working for Verizon shall have the contractor's / subcontractor's name plus markings (such as a magnetic door sign) indicating they are under contract to Verizon. C. All contact with a Subscriber or potential Subscriber by any Verizon representative shall be conducted in a courteous manner. D. Verizon shall send annual notices to all Subscribers informing them that any complaints or inquiries not satisfactorily handled by Verizon may be referred to the City. E. All notices identified in this Section shall be by either: (1) A separate document included with a billing statement or included on the portion of the monthly bill that is to be retained by the Subscriber; or (2) A separate electronic notification. F. Verizon shall provide reasonable notice to Subscribers of any pricing changes or additional changes (excluding sales discounts, new products or offers) and, subject to the forgoing, any changes in Cable Services, including channel line-ups. Such notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if within the control of Verizon, and Verizon shall provide a copy of the notice to the City including how and where the notice was given to Subscribers. G. Verizon shall provide information to all Subscribers about each of the following items at the time of installation of Cable Services, annually to all Subscribers, at any time upon request, and, subject to Subsection 10.E., at least thirty (30) days prior to making significant changes in the information required by this Section if within the control of Verizon: (1) Products and Cable Service offered; (2) Prices and options for Cable Services and condition of subscription to Cable Services. Prices shall include those for Cable Service options, equipment rentals, program guides, installation, downgrades, late fees and other fees charged by Verizon related to Cable Service; (3) Installation and maintenance policies including, when applicable, information regarding the Subscriber's in-home wiring rights during the period Cable Service is being provided; 38 (4) Channel positions of Cable Services offered on the Cable System; (5) Complaint procedures, including the name, address and telephone number of the City, but with a notice advising the Subscriber to initially contact Verizon about all complaints and questions; (6) Instructions on how to use the Cable Service; (7) Procedures for requesting Cable Service credit; (8) The availability of a parental control device; (9) Verizon practices and procedures for protecting against invasion of privacy; and (10) The - address and telephone number of Verizon's office to which complaints may be reported. A copy of notices required in this Subsection 10.F. will be given to the City at least fifteen (15) days prior to distribution to subscribers if the reason for notice is due to a change that is within the control of Verizon and as soon as possible if not within the control of Verizon. H. Notices of changes in rates shall indicate the Cable Service new rates and old rates, if applicable. I. Notices of changes of Cable Services and/or Channel locations shall include a description of the new Cable Service, the specific channel location, and the hours of operation of the Cable Service if the Cable Service is only offered on a part-time basis. In addition, should the channel location, hours of operation, or existence of other Cable Services be affected by the introduction of a new Cable Service, such information must be included in the notice. J. Every notice of termination of Cable Service shall include the following information: (1) The name and address of the Subscriber whose account is delinquent; (2) The amount of the delinquency for all services billed; (3) The date by which payment is required in order to avoid termination of Cable Service; and (4) The telephone number for Verizon where the Subscriber can receive additional information about their account and discuss the pending termination. M, EXHIBIT C LETTER OF CREDIT m JPMorgan[hase ! j Jpmorgan Chase hank, N.A. ch, II'morgan Treasury Services uohal Tradc Scrvi= 10,120 Highland Manor Drive Tampa, FL 33610 TO: CITY OF VIRGINIA BEACH, VIRGINIA CITY HALL, ROOM 2401 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456 DEC 7, 2006 OUR L/C "90.: TPTS-652007 APPLICANT REF, NO.: VZ21 APPLICANT: VERIZON COMMUNICATIONS INC. O/B/O VERIZON VIRGINIA INC. MC:VC53S459 1 VERIZON WAY BASKING RIDGE, NJ 07920-1097 WE HAVE ESTABLISHED OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR AS DETAILED HEREIN SUBJECT TO UCP500 DOCUMENTARY CREDIT NUMBER: DATE OF ISSUE: BENEFICIARY: APPLICANT: DATE AND PLACE OF EXPIRY: DOCUMENTARY CREDIT AMOUNT: AVAILABLE WITH: TPTS-652007 DECEMBER 7, 2006 CITY OF VIRGINIA BEACH, VIRGINIA CITY HALL, ROOM 2401 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456 VERIZON COMMUNICATIONS INC. O/B/O VERIZON VIRGINIA INC. MC:VC53S459 1 VERIZON WAY BASKING RIDGE, NJ 07920-1097 DECEMBER 22, 2007 AT OUR COUNTER USD50,000.00 JPMORGAN CHASE BANK, N.A. BY PAYMENT IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL 12 MONTH PERIODS FROM THE PRESENT OR EACH FUTURE EXPIRATION DATE, UNLESS AT LEAST 60 DAYS PRIOR TO 151647 Rivera, Arcus Page 1 of 3 JPMorganChase O JPA[orpri Chase Bank, N.A. c/v JI'Morgan Treasury S xvicwg Global Trade Serviecs 10420 Highland Manor Drive Tampa, FL 33610 DEC 7, 2006 OUR L/C t0.: TPTS-652007 APPLICANT REF. NO.: VZ21 THE CURRENT EXPIRY.DATE WE SEND NOTICE IN WRITING TO YOU VIA SWIFT, TELEX, OR HAND DELIVERY AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO AUTOMATICALLY EXTEND THIS LETTER OF CREDIT FOR ANY ADDITIONAL PERIOD. HOWEVER IN NO EVENT SHALL THIS 'LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND THE FINAL EXPIRY DATE OF DECEMBER 22, 2021. UPON SUCH NOTICE TO YOU, YOU MAY DRAW ON US AT SIGHT FOR AN AMOUNT NOT TO EXCEED THE BALANCE REMAINING IN THIS LETTER OF CREDIT WITHIN THE THEN -APPLICABLE EXPIRY DATE, BY YOUR SWIFT OR PRESENTATION OF YOUR DRAFT AND DATED STATEMENT PURPORTEDLY SIGNED BY ONE OF YOUR OFFICIALS READING EXACTLY AS FOLLOWS: THE AMOUNT OF THIS DRAWING USD ........... UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NUMBER TPTS-652007 REPRESENTS FUNDS DUE US AS WE HAVE RECEIVED NOTICE FROM JPMORGAN CHASE BANK, N.A. OF THEIR DECISION NOT TO AUTOMATICALLY EXTEND LETTER OF CREDIT NUMBER TPTS-652007 AND THE UNDERLYING OBLIGATION REMAINS OUTSTANDING. IN THE EVENT THIS LETTER OF CREDIT IS SUBSEQUENTLY AMENDED BY US TO EITHER: I) RESCIND A NOTICE OF NON -EXTENSION AND TO EXTEND THE EXPIRY DATE HEREOF TO A FUTURE DATE, OR II) EXTEND THE EXPIRY DATE TO A DATE THAT IS AFTER THE STATED FINAL EXPIRY DATE HEREOF, SUCH EXTENSION SHALL BE FOR THAT SINGLE PERIOD ONLY AND THIS LETTER OF CREDIT WILL NOT BE SUBJECT TO ANY FUTURE AUTOMATIC EXTENSIONS UNLESS AN AUTOMATIC EXTENSION PROVISION IS EXPRESSLY INCORPORATED INTO SUCH AMENDMENT. ADDITIONAL DETAILS: THIS LETTER OF CREDIT IS AVAILABLE WITH JPMORGAN CHASE BANK, N.A., AGAINST PRESENTATION OF YOUR DRAFT AT SIGHT DRAWN ON JPMORGAN CHASE BANK, N.A., WHEN ACCOMPANIED BY THE DOCUMENTS INDICATED HEREIN. BENEFICIARY'S DATED STATEMENT PURPORTEDLY SIGNED BY THE MAYOR OR HIS REPRESENTATIVE READING AS FOLLOWS: ''THE AMOUNT OF THIS DRAWING USD......., UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NO. TPTS-652007 REPRESENTS FUNDS DUE US AS VERIZON VIRGINIA INC. HAS FAILED TO PERFORM ITS DUTIES PURSUANT TO THE CODE OF VIRGINIA AND/OR THE VIRGINIA STATE ORDINANCE UNDER ELECTION OF ORDINANCE 151647 Rivera Arel is Page 2 of 3 JPMOrganChase';�I .TPMi I-gan Chasse Bank NA. do Nittrgan Treasury Services Global *made Services 10420 1 lighland Manor Drive Tampa. (1.33610 CABLE FRANCHISE EFFECTIVE DECEMBER 22, 2006.'' DEC 7, 2006 OUR L/C tC.: TPTS-652007 APPLICANT REF. NO.: VZ21 ALL CORRESPONDENCE AND ANY DRAWINGS HEREUNDER ARE TO BE DIRECTED TO JPMORGAN CHASE BANK, N.A., C/O JPMORGAN TREASURY SERVICES, STANDBY LETTER OF CREDIT DEPT. 4TH FL. 10420 HIGHLAND MANOR DRIVE, TAMPA, FLORIDA 33610. CUSTOMER INQUIRY NUMBER IS 1-800-634-1969 CHOOSE OPTION 1. E-MAIL ADDRESS IS: GTS.CLIENT.SERVICES@JPMCHASE.COM. PLEASE HAVE OUR REFERENCE NUMBER AVAILABLE WHEN YOU CONTACT US. WE HEREBY AGREE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT WILL BE DULY HONORED. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION NO. 500. THIS LETTER OF CREDIT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. THE NUMBER AND THE DATE OF OUR CREDIT AND THE NAME OF OUR BANK MUST BE QUOTED ON ALL DRAFTS REQUIRED. AUTHO IZEDI TURF tiENRY 4fiLINO ASSISTANT VICE PRESIDENT 151647 Rivera, fvelis Page 3 of 3 EXHIBIT D FRANCHISE FEE QUARTERLY REPORT FORM JURISDICTION NAME FRANCHISE FEE SCHEDULE/REPORT For the Quarter Ending: 1. Monthly Recurring Cable Service Charges Basic Service Premium Service Other Monthly Charges(e.g. equipment rental) Total Monthly Recurring 2. Usage Based Charges (e.g., Pay -Per -View, Video -0n -Demand, Installation) 3. Other Misc. (e.g., Late Charges, Advertising, Leased Access) 4. Franchise Fees Collected Less: 1. Other Tax/Fee Collected 2. Uncollectibles/Deferrals Total Receipts Subject to Franchise Fee Calculation Franchise Fee Rate 5% Franchise Fee Due 41 Total Service Subscribers: Month 1 Month 2 Month 3 Quarter Franchise Fee $ EXHIBIT E MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE FACILITY NAME Facility Address PARKING MANAGEMENT (PW) 710 15TH ST RESORT MAINTENANCE (PW) 710 15TH ST LIGHTHOUSE SHELTER 825 18TH ST TREASURER - BEACH 401 19th ST VB CONVENTION CENTER 1000 19TH ST FREE CLINIC / ACT (aka'Beach Health Clinic') 302 22ND ST EMS 1917 ARCTIC AVE DEWITT COTTAGE 1113 ATLANTIC AVE OLD COAST GUARD STATION 2401 ATLANTIC AVE F.S.8 - OCEANA / GREAT NECK 1201 BAYNE DR LYNNHAVEN PARK 1246 BAYNE DR GREAT NECK LIBRARY 1251 BAYNE DR DREDGE OPERATIONS 1004 BELLS RD SEATACK REC CNTR 141 BIRDNECK RD RECOVERY CENTER 409 BIRDNECK Cl HNP - CARE 420 BIRDNECK CIR EMS / FIRE TRAINING ADMIN 927 BIRDNECK RD OWLS CREEK TENNIS 928 BIRDNECK RD F.S.12 - SEATACK / BIRDNECK 949 BIRDNECK RD F.S.13 - BLACKWATER 6009 BLACKWATER RD POLICE FIRING RANGE (Vacant?) 1585 CAMPBELLS LANDING RD AMPHITHEATER 3550 CELLAR DOOR WY F.S.3 - LONDON BRIDGE 600 CENTRAL DR CENTRAL PARK AVE, ECONOMIC DEVELOPMENT 222 STE 1000 MR SLP GROUP HOME - CHELSEA 4405 CHELSEA ST FERRY FARM HOUSE (a.k.a'Feny Plantation House') 4136 CHESWICK LA BOW CREEK GOLF COURSE 3425 CLUB HOUSE RD BOW CREEK REC CNTR 3427 CLUB HOUSE RD MR SLP GROUP HOME - COLBY 6316 COLBY WY ADVANCED TECHNOLOGY CENTER / VIDEO SERVICES 1800 COLLEGE CRES ROSEMONT YOUTH LIBRARY 1503 COMPETITOR CT HEALTH DEPT 4452 CORPORATION LN CORRECTIONS ANNEX (26) 2371 COURT PLAZA DR COURTS SERVICES / CITY -SCHOOL BENEFITS 2387 COURT PLAZA DR PURCHASING (25) / KEMPSVILLE BLDG 2388 COURT PLAZA DR COMIT / LYNNHAVEN BLDG 2396 COURT PLAZA DR PIO / RISK MGT (22) 2400 COURTHOUSE DR CITY HALL (1) 2401 COURTHOUSE DR OPERATIONS BLDG (2) 2405 COURTHOUSE DR FIRE ADMIN/P&R (2 1) 2408 COURTHOUSE DR ENTERPRISE TRAINING ROOM / PROJECT ROOM 2416 COURTHOUSE DR 42 FACILITY NAME HR TRAINING / COMIT / LIB ADMIN / P&R MARKETING (19) HNP (18A) HR/OCC HEALTH/REAL ESTATE ASSESSOR (18) CREDIT UNION (4) POLICE SUPPLY (5) MR SLP GROUP HOME - COVER PUBLIC UTILITIES O&M CITY GARAGE ANNEX PUBLICE WORKS OPERATIONS/HIGHWAYS FARMERS MARKET LANDSCAPE SERVICES. MR SLP GROUP HOME - EAGLE MT. TRASHMORE TREASURER - KEMPSVILLE BAYVILLE FARMS PARK BAYSIDE REC CNTR AQUARIUM - NORTH AQUARIUM - SOUTH REDWING PARK SCHOOL ADMIN (6) JUV. DETENTION CENTER (27) BUILDING MAINT (9) MR SLP GROUP HOME - GLADIOLA TEMP - SHERIFF ADMIN (8) MH - GREAT NECK MIDDLE SCHOOL MR SLP GROUP HOME - GREY TREASURER-HAYGOOD F.S.2 - DAVIS CORNER OLD LANDSCAPE SERVICES WASTE MGT/CITY GARAGE PEMBROKE 3 - MH & SA PEMBROKE 6- MH Comp Services POLICE - 3RD PRECINCT BAYSIDE LIBRARY POLICE MOUNTED PATROL STUMPY LAKE GOLF COURSE POLICE TRAINING ACADEMY POLICE FACILITY SKILLQUEST SERVICES HUMAN SERVICES - PALS / RESPITE CARE LANDFILL 2 CORRECTIONS CNTR (7) HUMAN SERVICES (in Old Kemps Landing Magnet School) KEMPSVILLE LIBRARY POLICE - 4TH PRECINCT CITY VIEW PARK MR SLP GROUP HOME - KENTUCKY 43 Facility Address 2416 COURTHOUSE DR 2424 COURTHOUSE DR 2424 COURTHOUSE DR 2501 COURTHOUSE DR 2509 COURTHOUSE DR 912 COVERT CT 3500 DAM NECK RD 3556 DAM NECK RD 3556 DAM NECK RD 3640 DAM NECK RD 4141 DAM NECK RD 1304 EAGLE AVE 310 EDWIN DR 5340 FAIRFIELD SHOPPING CENTER 4132 FIRST COURT RD 4500 FIRST COURT RD 717 GENERAL BOOTH BLVD 717 GENERAL BOOTH BLVD 1398 GENERAL BOOTH BLVD 2512 GEORGE MASON DR 2533 GEORGE MASON DR 2569 GEORGE MASON DR 1128 GLADIOLA CRES 2565 GLEBE RD 1848 GREAT NECK RD 1604 GREY FRIARS CH 4507 HAYGOOD RD 4672 HAYGOOD RD 2728 HOLLAND RD 3024 HOLLAND RD 289 INDEPENDENCE BLVD 297 INDEPENDENCE BLVD 926 INDEPENDENCE BLVD 936 INDEPENDENCE BLVD 2089 INDIAN RIVER RD 4797 INDIAN RIVER RD 411 INTEGRITY WAY 2697 INTERNATIONAL PKWY 400 INVESTORS PL 416 INVESTORS PL 1989 JAKE SEARS RD, 2501 JAMES MADISON BLVD 525 KEMPSVILLE RD 832 KEMPSVILLE RD 840 KEMPSVILLE RD 2073 KEMPSVILLE RD 145 KENTUCKY AVE FACILITY NAME Facility Address SPORTS STADIUM 2181 LANDSTOWN RD PRINCESS ANNE ATHLETIC COMPLEX 2188 LANDSTOWN RD MR WORKPLACE - SUGAR PLUM 1353 LASKIN RD MH WORKPLACE - ATLANTIS MANOR 745 LAWRENCE DR CITY GARAGE 2633 LEROY RD POLICE SPECIAL OPS 2650 LEROY RD ANIMAL CONTROL 2665 LEROY RD HELICOPTER HANGAR 2685 LEROY RD F.S.20 - LITTLE NECK 885 LITTLE NECK RD F.S.18 - GREEN RUN 1601 LYNNHAVEN PKWY PARKS CONSTRUCTION & MAINT 2150 LYNNHAVEN PKWY PARKS & REC CITYWIDE PROGRAMS 2289 LYNNHAVEN PKWY SALEM HOUSE DETENTION CENTER 2293 LYNNHAVEN PKWY HUMAN SERVICES - BEACH HOUSE (1) 3143 MAGIC HOLLOW BLVD HUMAN SERVICES - MAGIC HOLLOW II, et. al. 3160 MAGIC HOLLOW BLVD PLANNING/PW - CIVIL INSPECTIONS (3) (May be vacant) 2401 MATTAPONI DR HEATING PLANT (12) 2420 MATTAPONI DR INFANT STIMULATION PROG. 2307 MILLWOOD RD KEMPSVILLE REC CNTR 800 MONMOUTH LN PRINCESS ANNE REC CNTR 1400 NIMMO PKWY PRINCESS ANNE LIBRARY 1444 NIMMO PKWY F.S. 21 - GENERAL BOOTH 1468 NIMMO PKWY JUDICIAL CENTER / COMIT TELECOMM (10) 2425 NIMMO PKWY JUV& DOM REL CT (I OA) 2425 NIMMO PKWY CIRCUIT COURT / COURT SUPPORT (10B) 2425 NIMMO PKWY CITYATTY/REAL ESTATE (20) 2412 NORTH LANDING RD BUFFINGTON HOUSE 2441 NORTH LANDING RD JAIL TRTMNT / FIRE GYM (23A) 2473 NORTH LANDING RD PENDLETON CHILD CENTER (23) 2473 NORTH LANDING RD MH WORKPLACE - BEACH PARK 854 OLD VIRGINIA BEACH RD MH WORKPLACE - PALM AVE. 100 PALM AVE THOROUGHGOOD HOUSE 1636 PARISH RD VB INFO CENTER / VISITORS CENTER 2100 PARKS AVE CONVENTION -VISITOR BUREAU 2101 PARKS AVE RESORT MANAGEMENT / SPECIAL EVENTS / PARKING 2101 PARKS AVE CONTEMPORARY ARTS CENTER 2200 PARKS AVE MUNDEN POINT INFO CNTR 2001 PEFLEY LN LYNNHAVEN MARINA 3576 PIEDMONT CI F.S. 16 PLAZA / WINDSOR WOODS 3608 PLAZA TRI, WINDSOR WOODS LIBRARY 3612 PLAZA TRI, PW/MOSQUITO CONTROL 1848 PLEASANT RIDGE RD F.S. 19 - STUMPY LAKE / SALEM 4196 PLEASANT VALLEY RD F.S. 4 - CHESAPEAKE BEACH 2444 PLEASURE HOUSE RD F.S. 6 / EMS - CREEDS 595 PRINCESS ANNE RD PUNGO/BLACKWATER LIBRARY / COMM CENTER 916 PRINCESS ANNE RD MUN. REF. / COMIT SYSTEMS (17) 2425 PRINCESS ANNE RD SCHOOL ANNEX (16) 2435 PRINCESS ANNE RD FACILITY NAME Facility Address POLICE AUX (15) 2441 PRINCESS ANNE RD AGRIC./VOTER REG - BLDG 14 2449 PRINCESS ANNE RD F.S.5 - PRINCESS ANNE COURTHOUSE (Bldg 13) 2461 PRINCESS ANNE RD EMERGENCY COMMUNICATIONS (30) 2508 PRINCESS ANNE RD POLICE - 1 ST PRCNT (11) 2509 PRINCESS ANNE RD KEMPSVILLE GREENS G.C. 4840 PRINCESS ANNE RD RED WING G.C. 1144 PROSPERITY RD F.S. 10 - PROVIDENCE RD 5656 PROVIDENCE RD WOODSTOCK PARK 5709 PROVIDENCE RD F.S.9 - KEMPSVILLE 5145 RURITAN CT MR SLP GROUP HOME - RYDER CUP 632 RYDER CUP LN F.S. 17 - SANDBRIDGE 305 SANDBRIDGE RD LITTLE ISLAND PARK 3820 SANDPIPER RD FIRST LANDING STATE PARK CHES BAY VISITOR INFO CENTER 2500 SHORE DR GREAT NECK PARK 2513 SHOREHAVEN DR GREAT NECK REC CNTR 2521 SHOREHAVEN DR GARAGE - EUCLID YARD 100 SOUTHGATE AVE MR WORKPLACE - CSS 349 SOUTHPORT Cl F.S. 1 -OCEAN PARK 3769 STRATFORD RD F.S. FIRST LANDING (FUTURE) 2253 SUNSTATES CT F.S. 7 - THALIA 407 THALIA RD MR WORKPLACE - SPM 4716 TULIP DR MR SLP GROUP HOME - VALLEY STREAM 1117 VALLEY STREAM CT FEMA WAREHOUSE 513 VIKING DR OCEANFRONT LIBRARY 700 VIRGINIA BEACH BLVD BEACH RESCUE 740 VIRGINIA BEACH BL F.S.11 - BEACH BOROUGH 800 VIRGINIA BEACH BLVD POLICE - 2ND PRECINCT 820 VIRGINIA BEACH BLVD CONVENTION FIELD OFFICE (CONSTRUCTION TRAILER) 1016 VIRGINIA BEACH BLVD FRANCIS LAND HOUSE 3131 VIRGINIA BEACH BLVD HUMAN SERVICES 3432 VIRGINIA BEACH BLVD CENTRAL LIBRARY 4100 VIRGINIA BEACH BLVD SCHOOL FACILITY ADDRESS Adult Learning Center 4160 VIRGINIA BEACH BLVD Advanced Technology Center 1800 COLLEGE CRES Alanton Elementary School 1441 STEPHENS RD Arrowhead Elementary School 5549 SUSQUEHANNA DR Bayside Elementary School 5649 BAYSIDE RD Bayside High School 4960 HAYGOOD RD Bayside Middle School 965 NEWTOWN RD Birdneck Elementary School 957 BIRDNECK RD S Brandon Middle School 1700 POPE ST Brookwood Elementary School 601 LYNNHAVEN RD S Center for Effective Learning 233 WITCHDUCK RD N Centerville Elementary School 2201 CENTERVILLE TPKE 45 SCHOOL FACILITY ADDRESS Christopher Farms Elementary School 2828 PLEASANT ACRES DR College Park Elementary School 1110 BENNINGTON RD Cooke Elementary School 1501 MEDITERRANEAN AVE CORPORATE Corporate Landing Elementary School 1590 LANDING PKWY CORPORATE Corporate Landing Middle School 1597 LANDING PKWY Cox High School 2425 SHOREHAVEN DR Creeds Elementary School 920 PRINCESS ANNE RD Fairfield Elementary School 5428 PROVIDENCE RD First Colonial High School 1272 MILL DAM RD Glenwood Elementary School 2213 ROUND HILL DR Great Neck Middle School 1848 GREAT NECK RD Green Run Elementary School 1200 GREEN GARDEN CIR Green Run High School 1700 DAHLIA DR Hermitage Elementary School 1701 PLEASURE HOUSE RD Holland Elementary School 3340 HOLLAND RD Independence Middle School 1370 DUNSTAN LN Indian Lakes Elementary School 1240 HOMESTEAD DR John B Dey Elementary School 1900 GREAT NECK RD Kellam High School 2323 HOLLAND RD Kemps Landing Magnet Middle School 4722 JERICHO RD Kempsville Elementary School 570 KEMPSVILLE RD Kempsville High School 5194 CHIEF TRI, Kempsville Meadows Elementary School 736 EDWIN DR Kempsville Middle School 860 CHURCHILL DR King's Grant Elementary School 612 LYNNHAVEN RD Kingston Elementary School 3532 KINGS GRANT RD Landstown Elementary School 2204 RECREATION DR Landstown High School 2001 CONCERT DR Landstown Middle School 2204 RECREATION DR Larkspur Middle School 4696 PRINCESS ANNE RD Linkhorn Park Elementary School 977 FIRST COLONIAL RD Luxford Elementary School 4808 HAYGOOD RD Lynnhaven Elementary School 210 DILLON DR Lynnhaven Middle School 1250 BAYNE DR Malibu Elementary School 3632 EDINBURGH DR New Castle Elementary School 4136 DAM NECK RD Newtown Road Elementary School 900 NEWTOWN RD North Landing Elementary School 2921 NORTH LANDING RD Ocean Lakes Elementary School 1616 UPTON DR Ocean Lakes High School 885 SCHUMANN DR Old Donation Center Elementary School 1008 FERRY PLANTATION RD Open Campus 233 WITCHDUCK RD Parkway Elementary School 4180 O HARE DR Pembroke Elementary School 4622 JERICHO RD Pembroke Meadows Elementary School 820 CATHEDRAL DR Plaza Elementary School 641 CARRIAGE HILL RD Plaza Middle School 3080 LYNNHAVEN RD 46 N W 161 N S SCHOOL Point O'View Elementary School Princess Anne Elementary School Princess Anne High School Princess Anne Middle School Providence Elementary School Red Mill Elementary School Rosemont Elementary School Rosemont Forest Elementary School Salem Elementary School Salem High School Salem Middle School Seatack Elementary School Shelton Park Elementary School Strawbridge Elementary School Tallwood Elementary School Tallwood High School Technical and Career Education Center Thalia Elementary School Thoroughgood Elementary School Three Oaks Elementary School Trantwood Elementary School Virginia Beach Central Academy High School Virginia Beach Middle School White Oaks Elementary School Williams Elementary School Windsor Oaks Elementary School Windsor Woods Elementary School Woodstock Elementary School SCHOOL FACILITY Pungo Building - PA Executive Park Princess Anne Building - PA Executive Park Laskin Road Annex (Old Linkhorn Park Elementary) Oceana Bus Garage Glenwood Bus Garage School Plant Supply Warehouse Transportation Administration Old Kemps Landing Site (swing school) FACILITY ADDRESS 5400 PARLIAMENT DR 2444 SEABOARD RD 4400 VIRGINIA BEACH BLVD 2509 SEABOARD RD 860 CHURCHILL DR 1860 SANDBRIDGE RD 1257 ROSEMONT RD 1716 GREY FRIARS CHASE 3961 SALEM LAKES BLVD 1993 SUNDEVIL DR 2380 LYNNHAVEN PKWY 912 BIRDNECK RD 1700 SHELTON RD 2553 STRAWBRIDGE RD 2025 KEMPSVILLE RD 1668 KEMPSVILLE RD 2921 NORTH LANDING RD 421 THALIA RD 1444 DUNSTAN LN 2201 ELSON GREEN AVE 2344 INLYNNVIEW RD 233 WITCHDUCK RD 600 25TH ST 960 WINDSOR OAKS BLVD 892 NEWTOWN RD 3800 VAN BUREN DR 233 PRESIDENTIAL BLVD 6016 PROVIDENCE RD FACILITY ADDRESS 2380 PRINCESS ANNE RD 2387 PRINCESS ANNE RD 1413 LASKIN RD 1612 NEW YORK AVE 2201 ROUND HILL DR 231 WITCHDUCK RD 5120 CLEVELAND ST 2650 LEROY RD 525 KEMPSVILLE RD L'yl S S N W ��u;eet CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Enter Into a Contract for an Independent Audit of the City of Virginia Beach's Finances MEETING DATE: March 13, 2007 ■ Background: A financial audit selection committee, comprised of City, School Board and Development Authority representatives, was appointed by the City Manager. The purpose of the committee was to recommend to City Council an accounting firm to conduct an independent audit of the City's financial statements for fiscal years 2007 and 2008. Section 8.06 of the City Charter requires an annual independent audit with the firm selected by City Council ■ Considerations: The financial audit selection committee prepared and distributed a Request for Proposal ("RFP") to ten of the largest international, national and regional accounting firms. Notification of this RFP was also placed in various newspapers, posted on Finance/Purchasing's Internet Demand Star Service, and a pre - proposal conference was conducted. As a result of the process the committee awarded the contract to Cherry, Bekaert & Holland LLP. The RFP allows for the City and School Division to contract individually with the selected firm. The selection committee conducted negotiations with Cherry, Bekaert & Holland LLP which resulted in the following audit costs: For the fiscal ear ending June 30 2007: For the fiscal year ending June 30, 2008, the total fee for the City and School portion will increase by 4%, and in subsequent years, the fee will increase in an amount equal to the increase in the Consumer Price Index ("CPI"). For FY 2008 and subsequent years, the Development Authority fee will be increased by $1,000. *The School Division will enter into a separate contract with Cherry, Bekaert & Holland. ■ Public Information: This item will be published as part of the City Council's agenda. ■ Recommendation: Adoption of the ordinance. Recommended Action: Adoption Submitting Department/Agency: Department of Audit City Manager: 1L. TOTAL CITY SCHOOLS' DEVELOPMENT AUTHORITY TOTAL FEE $219,925 $153,550 1 $52,37 1 $14,000 For the fiscal year ending June 30, 2008, the total fee for the City and School portion will increase by 4%, and in subsequent years, the fee will increase in an amount equal to the increase in the Consumer Price Index ("CPI"). For FY 2008 and subsequent years, the Development Authority fee will be increased by $1,000. *The School Division will enter into a separate contract with Cherry, Bekaert & Holland. ■ Public Information: This item will be published as part of the City Council's agenda. ■ Recommendation: Adoption of the ordinance. Recommended Action: Adoption Submitting Department/Agency: Department of Audit City Manager: 1L. 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO A CONTRACT FOR AN 3 INDEPENDENT AUDIT OF THE CITY OF 4 VIRGINIA BEACH'S FINANCES 5 6 WHEREAS, the City Charter requires an independent audit of 7 the City's finances at the end of each fiscal year; 8 9 WHEREAS, a financial audit selection committee has prepared 10 and distributed a Request for Proposals ("RFP") for an 11 independent audit of the City's financial statements, including 12 the School Division, for the 2007 and 2008 fiscal years, 13 respectively;• 14 15 WHEREAS, after evaluating the proposals, the selection 16 committee has recommended Cherry, Bekaert & Holland LLP to 17 perform the independent audit; 18 19 WHEREAS, pursuant to the RFP, the School Division intends 20 to enter into a separate contract for this audit; and 21 22 WHEREAS, sufficient appropriations have been provided for 23 the City's audit in the fiscal year 2007 Operating Budget. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Manager is hereby authorized to enter into a 29 contract with Cherry, Bekaert & Holland LLP, in a form 30 acceptable to the City Attorney, for the performance of an 31 independent annual audit of the financial statements of the City 32 of Virginia Beach and the City of Virginia Beach Development 33 Authority for FY 2007 and 2008, at a cost of One Hundred Sixty - 34 Seven Thousand, Five Hundred Fifty Dollars ($167,550.00) for FY 35 2007. 36 37 2. For FY 2008, the annual cost of services for the City 38 will increase by four percent (4%). In subsequent years, the 39 annual cost of services for the City will increase in an amount 40 equal to the increase in the Consumer Price Index ("CPI") . For 41 FY 2008 and subsequent years, services for the Development 42 Authority will increase by One Thousand Dollars ($1,000.00) 43 44 3. The City Manager is hereby authorized to renew the 45 contract, subject to the availability of appropriations, for 46 additional years thereafter, not to exceed three one-year 47 periods. 47 Adopted by the Council of the City of Virginia Beach on the 48 day of , 2007. APPROVED AS TO CONTENT: S�:;e C?� Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney'Y Office CA10284 V:\applications\citylawprod\cycom32\Wpdocs\D028\P002\00029044.DOC R-3 March 6, 2007 0t�U'B+E1 y flo' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Authorizing and Directing the City Manager to Execute an Agreement for the Placement of Dredged Material in the City -Owned Disposal Area in Lake Rudee MEETING DATE: March 13, 2007 ■ Background: A number of individuals and neighborhood associations on behalf of their members have expressed a desire to dredge waterways and marina facilities within the Rudee Inlet basin. There are essentially no options for disposal of privately dredged material within the basin; all dredged material from such projects has historically been trucked to remote sites for disposal. The City and the Corps of Engineers jointly possess environmental permits for open water disposal of dredged material from the federal channel system in a City -owned former borrow site within Lake Rudee. The individuals seeking to dredge areas outside of the federal channel system have requested permission to utilize the Lake Rudee disposal area. Councilmember Uhrin has asked that the resolution allowing the use of the Lake Rudee disposal area be brought forward. ■ Considerations: The Lake Rudee disposal area has capacity for more than 50 years of maintenance dredging of the federal channel system. Environmental permits are difficult to obtain for open water disposal, but capacity exists to allow additional waterways to utilize this facility. ■ Public Information: A series of meetings within the communities surrounding Lake Rudee have occurred during the last three years to discuss this concept. The formal Council agenda will serve as notification of this proposal. ■ Alternatives: Deny request and preserve disposal capacity solely for the federal channel system. ■ Recommendations: Approval. ■ Attachments: Resolution and summary of material terms. Recommended Action: Submitting Department/Agency: Requested by Councilmember John E. Uhrin City Manager: REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 1 2 3 A RESOLUTION AUTHORIZING AND DIRECTING 4 THE CITY MANAGER TO EXECUTE AN 5 AGREEMENT FOR THE PLACEMENT OF DREDGED 6 MATERIAL IN THE CITY-OWNED DISPOSAL 7 AREA IN LAKE RUDEE 8 9 10 WHEREAS, a number of individuals and neighborhood 11 associations on behalf of their members have expressed a desire 12 to dredge property located on Lake Rudee, Lake Wesley or Owl's' 13 Creek; and 14 15 WHEREAS, there are currently few adequate and 16 practical disposal sites for dredged material that are available 17 for such projects; and 18 19 WHEREAS, the City owns a disposal area within Lake 20 Rudee (hereinafter the "Lake Rudee Disposal Area"), into which 21 the City is permitted to dispose of dredged material from the 22 public channels within the inner harbor of Lake Rudee; and 23 24 WHEREAS, the Lake Rudee Disposal Area contains 25 sufficient excess capacity to accept dredged material from 26 projects other than the dredging of the Lake Rudee inner harbor, 27 and no adverse environmental impacts will result from the 28 disposal of dredged material in the Lake Rudee Disposal Area; 29 and 30 31 WHEREAS, the proposed Lake Rudee Dredged Material 32 Disposal Area Use Agreement provides for the terms and 33 conditions upon which the Lake Rudee Disposal Area may be used 34 for the disposal of dredged material; 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 37 CITY OF VIRGINIA BEACH, VIRGINIA: 38 39 That the City Manager is hereby authorized and 40 directed to enter into, on behalf of the City of Virginia Beach, 41 a Dredged Material Disposal Area Use Agreement with owners of 42 property located on Lake Rudee, Lake Wesley or Owl's Creek who 43 have a valid permit to dredge such property. A Summary of 1 44 45 46 47 48 49 Material Terms of such Agreement is hereto attached and a true copy thereof is on file in the City Clerk's Office. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2007. CA -10263 V:\applications\citylawprod\cycom32\Wpdocs\D019\P001\00028546.DOC R-3 February 20, 2007 APPROVED AS TO CO TENT: Publi W ks Department APPROVED AS TO LEGAL SUFFI ENCY: City Attorney's Office 2 Lake Rudee Dredged Material Disposal Area Use Agreement Summary of Material Terms Parties: (1) City of Virginia Beach; (2) individuals or representatives of individuals owning property on Lake Rudee, Lake Wesley or Owl's Creek ("User"). Basic Premise: City allows User to dispose of dredged material from private dredging projects in Lake Rudee, Lake Wesley or Owl's Creek in Lake Rudee Dredged Material Disposal Site User Responsibilities: No placement of hazardous materials; will indemnify City for any discharge of same, including cost of cleanup, penalties, etc.; Maintain erosion & sediment control bond; Notify. City Manager and Director of Aquarium two weeks in advance of commencement of work; Pay the City a specified amount for each cubic yard of material above limit specified in agreement; Provide on-site attendant to monitor work; • Take precautions specified by the. City to prevent misplacement of dredged material; Have written agreement with contractor requiring contractor to be bound by terms of Use Agreement (User must send copy to City); Indemnify City for all damage, injury, etc. to third parties • In the event material is placed outside of authorized Disposal Area, User must discontinue dredging operation until misplaced materials are recovered, at the sole expense of the User, to the sole satisfaction of the regulatory agencies having purview and the City. Cost: • No fee for disposal unless in excess of amount specified in Use Agreement Termination: • Expires on date specified in Use Agreement; • City may suspend or revoke Use for failure of User to comply; • User may terminate upon completion of work or abandonment of project Other Conditions: • All improvements to Disposal Area and plans for its use to be designed by a qualified professional engineer and be in compliance with all applicable federal, state and local development standards and policies; • All plans to be reviewed and approved by the City prior to commencement of work;; User must have valid permit for dredging; • Limitation on amount of dredged material placed in Disposal Area; • User to perform survey and provide to City to ascertain amount of dredged material placed in disposal area and minimum depth; • City to perform inspection within 30 days of termination or expiration to determine compliance; defects to be corrected prior to release of erosion & sediment control bond; • All improvements to Disposal Area and plans for its use to be designed by a qualified professional engineer and in compliance with all applicable federal, state and local development standards and policies; • All plans to be reviewed and approved by the City prior to commencement of work 2 K. PLANNING Applications of VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES, LP, at Thomas Bishop Lane and North Great Neck Road. (DISTRICT 5 — LYNNHAVEN) a. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for three single family dwellings b. Conditional Use Permit for a community pier RECOMMENDATION: APPROVAL 2. Applications of VALUE PLACE REAL ESTATE SERVICES, LLC, 1357 Diamond Springs Road for: (DISTRICT 4 — BAYSIDE) a. Modification of Proffers to allow a change of use from an office/warehouse facility to development of a hotel (approved on February 28, 2006) b. Conditional Use Permit for a 121 -unit limited service hotel RECOMMENDATION: APPROVAL 3. Application of WANDA DINARDO for a Conditional Use Permit for a home daycare to accommodate up to nine (9) children at 2424 Peritan Road (DISTRICT 6 - BEACH) RECOMMENDATION: APPROVAL 4. Application of GREATER REFUGE OUTREACH MISSION for a Conditional Use Permit re a church in a strip retail area at 6113 Indian River Road (DISTRICT 1— CENTERVILLE) 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, March 13, 2007, at 6:00 p.m The following applications will be heard: DISTRICT 6 - BEACH Wanda DiNardo Application: Conditional Use Permit for a home occupatioi (daycare) at 2424 Peritan Road (GPIN 1497981390). DISTRICT 4 BAYSIDE Value Place Real Estate Services, L.L.C. Application: Modification of Proffers (approved by City Council on February 28, 2006) at •1357 Diamond Springs Road. The Comprehensive Plan designates, this site as being part of Strategic Growth Area 1 - Northampton Boulevard Corridor Area, suitable for corporate, industrial, employment and related uses. The purpose of this zoning change is to develop the site with a hotel. (GPIN 1469009994). a Value Place Real Estate Services, L.L.C. Application: Conditional Use Permit for a hotel at 1357 Diamond Springs Road (GPIN 1469009994). DISTRICT I - CENTERVILLE Greater Refuge Outreach Mission Application: Conditional Use Permit for a church at 6113 Indian River Road (GPIN 1456431518). DISTRICTS - LYNNHAVEN Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Virginia Beach Racquet Club North Associates, L.P. at Thomas Bishop Lane, north Great Neck Road (GPINs 1499478099; -469641; -561357; -0781). Virginia Beach Racquet Club North Associates, L.P. Application: Conditional Use Permit for a community pier at Thomas Bishop Lane, north of Great Neck Road (GPINs 1499478099; -469641; -561357; -0781). All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file. and may be examined in the Department of Planning or online at. http://www.ybgoy.com/Dc For,information call 385-4621. if you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon March 4, 2007 16611077 Subdivision Variance � M ryGN�'�. BE,gC k'7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Virginia Beach Racquet Club North Associates, L.P. Property is located on the west side of Thomas Bishop Lane, approximately 700 feet north of North Great Neck Road (GPINs 1499478099; -469641; -561357; -0781). DISTRICT 5 - LYNNHAVEN b) Application of Virginia Beach Racquet Club North Associates, L.P. for a Conditional Use Permit for a community pier on property located on the west side of Thomas Bishop Lane, approximately 700 feet north of North Great Neck Road (GPINs 1499478099; -469641; -561357; -0781). DISTRICT 5 — LYNNHAVEN MEETING DATE: March 13, 2007 ■ Background: The applicant proposes to subdivide an existing 3.885 acre lot, zoned R-40 Residential, into three (3) lots. The lot is currently undeveloped with the exception of several parking spaces for the existing racquet club adjacent to the property. ■ Considerations: It is the intent of the applicant to subdivide the 3.885 acres into three (3) lots for the development of single-family dwellings. The lots meet the requirements of the Zoning Ordinance for the R-40 Residential District except that they lack the required lot width of 125 feet; thus, a Subdivision Variance is requested. Lot 1 and Lot 2 are proposed with 7.7 feet of frontage, and Lot 3 is proposed with 23.5 feet of frontage along Thomas Bishop Lane. The applicant did research the possibility of constructing a cul-de-sac in order to meet the frontage requirement; however, Chesapeake Bay and Wetlands staff recommended that on this environmentally sensitive parcel, the amount of impervious surfaces and the amount of encroachment into the Resource Protection Area (the most stringently regulated portion of the Chesapeake Bay Preservation Area) should be kept to a minimum in order to meet the intent of the Chesapeake Bay Preservation Area Ordinance. Staff concludes a reduction of the impervious surface is warranted due to the environmental features on the site. To do so, however, flag lots are necessary. Reducing the amount of pavement utilizing one (1) 15 -foot wide access driveway and eliminating the curb and gutters provides a better opportunity for water to slow down and infiltrate back into the ground, rather than runoff into the waterway. Virginia Beach Racquet Club North Associates Page 2of2 Staff also recommended to the applicant that a community pier be utilized as a means of reducing the potential number of piers from three (3) to one (1) on this highly traveled waterway. The disturbance to the environmental features is substantially reduced, as the development activity is concentrated into a single area. In addition, the use of a community pier reduces the potential for conflicts between docks and watercraft. The applicant was amenable to seeking a Conditional Use Permit for the pier and submitted a request for that as well. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-1 to approve the Subdivision Variance and the Conditional Use Permit with the following conditions: 1. The site layout and general location of the community boat dock shall be in substantial conformance with the exhibit entitled, "Exhibit of Thomas Bishop Lane," prepared by MSA, P.C., dated 1/08/07, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The community pier shall be used only by the residents of the three (3) residential properties depicted on the exhibit entitled, "Exhibit of Thomas Bishop Lane," prepared by MSA, P.C., dated 5/31/06 and 1/08/07, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. All Federal, State, and City approvals shall be obtained prior to the issuance of any building permits. The parcels shall connect to the City water and sewer system; however, approval of this subdivision variance shall not infer that City water and sewer service will be accessible or provided by the City. 4. No commercial use of the community pier shall be permitted. 5. The community pier is subject to all applicable federal, state, and local rules and regulations. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage<:r - `-� VIRGINIA BEACH RACQUET CLU B NORTH ASSOCIATES Agenda Items 15 & 16 February 14, 2007 Public Hearing Staff Planner: Carolyn A. K. Smith REQUEST: M M?? H,rs 3 Vii r 'nia Beach Racquet Club North Assoc. �R(146 BAY p — J° N � suonn ear \' \R -40j \\en E R- 9 R- t 40 R- 0 Ott• , S.hdw KH] V..,.- 15) ..,. t' 15) Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. 16) Conditional Use Permit for a community pier. ADDRESS / DESCRIPTION: West side of Thomas Bishop Lane, approximately 700 feet north of North Great Neck Road. GPIN: 1499478099 COUNCIL ELECTION DISTRICT: SITE SIZE: 1499560781 5 — LYNNHAVEN 3.885 acres Existing Lot: The existing lot is 3.885 acres and is currently SUMMARY OF REQUEST vacant with the exception of several parking spaces for the existing racquet club adjacent to the property. Proposed Lots: It is the intent of the applicant to subdivide 3.885 acres into three (3) lots for the development of single-family dwellings. The lots lack the required lot width; thus, a Subdivision Variance is requested. lam Lot 1 LOU Lath Lot Width in feet 125 7.7* 7.7* 23.6" Lot Area insquare feet 40,000 52,096 49,858 67,264 *Variance required VIRGINIA BEACH RACQUET CLUB NO The Chesapeake Bay Preservation Area Board approved the request for encroachment into the Resource Protection Area on December 21, 2006, with the following conditions: 1. A pre -construction meeting shall be convened with Civil Inspections prior to any land disturbance, inclusive of any parking lot demolition or clearing of vegetation. 2. Wire reinforced 36" erosion and sedimentation control measures (silt fences) shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. 3. A heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction. 4. Permanent and / or temporary soil stabilization as determined by staff shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. 5. Construction limits shall lie a maximum of 10' seaward of improvements for all lots. The limits of structural improvements for both principal and accessory structures shall be as follows: Lot 1 and Lot 2 — 5' landward of the first 100' buffer; & Lot 3 —15' landward of the first 100' buffer. 6. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 7. Stormwater from all proposed impervious cover, inclusive of the 15' ingress egress driveway shall be conveyed to stormwater management facilities. 8. If and when the shoreline is hardened, a rip -rap revetment shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said revetment shall lie at or landward of mean high water or tidal vegetated wetlands. Said condition shall be so noted on the site plan. Shoreline hardening will only be permitted if there is active detrimental erosion. 9. If pools are constructed pool decking shall be a maximum of 4'X4'X4'X8' (diving board end). 10. The pools shall be constructed prior to or concurrent with the residence. 11. If decks are constructed, under deck treatment of sand and gravel shall be installed. 12. "*As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be based upon impervious cover associated with each lot. The formula for payment is impervious cover, divided by 4, divided by 27, times 15, times $1.65. 13. All areas outside the limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plan. 14. Areas that are currently in a natural state shall remain in a natural state to include the forest floor (leaf litter) left intact. 15. A maximum of 15% of the remaining pervious area associated with each lot shall be devoted to turf. The remaining pervious area associated with each lot shall either remain in a natural state or be devoted to buffer restoration. The required restoration shall have employ a mulch layer of organic material 4" — 6" in depth. Said mulched restoration areas shall be maintained as such and not removed or allowed to revert to turf in the future. In addition to the aforementioned buffer restoration area, tree compensation shall be at a 2:1 ratio and shall be comprised of 50% deciduous and 50% evergreen species. The required trees shall be evenly distributed throughout the lot to the greatest extent practicable. Said restoration shall be installed prior to the issuance of the certificate of occupancy. Said condition shall be so noted on the site plan. 16. A separate landscape / buffer restoration plan shall be submitted for each lot concurrent with the site plan detailing location, number, and species of vegetation to be installed as well as existing trees to be removed. The landscape plan shall clearly delineate existing naturalized area (forest floor), planting beds, parking lots, and turf zones. 17. The conditions and approval associated with this variance are based on the site plan dated November 20, 2006, prepared by MSA, P.C. 18. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. 19. The property lines associated with Parcel A-1 -A shall be vacated with the recordation of the subdivision plat. Said area associated with Parcel A-1 -A would become part of proposed Lot 3 or the adjacent lot to the east. 20. The limits of the first 100' and variable width buffers shall be accurately scaled and drawn on the revised plans. 21. One 4' wide pedestrian accessway is permitted below the top -of -bank. The accessway is limited to homeowners associated with the three lot subdivision. Said accessway shall provide ingress/egress to a community pier. The accessway below the top -of -bank shall employ under deck treatment, be a maximum 4' wide open pile structure with a minimum grade clearance of 3' and employ under deck treatment inclusive of timber ties. The accessway above top -of -bank to the community pier for each lot shall be a maximum of 4' in width and composed of organic material. A pedestrian ingress/egress easement to the community pier shall be shown on the final subdivision plat. LAND USE AND ZONING INFORMATION EXISTING LAND USE: vacant property with a very small portion used for overflow parking for the tennis facility. SURROUNDING LAND North: • Broad Bay USE AND ZONING: • Single-family dwellings / R-10 Residential District South: • Indoor tennis facility • Single-family dwelling / R40 and R-20 Residential Districts East: . Single-family dwellings / R-30 Residential Districts West: . Woods, water / R-40 Residential District VIRGINIA BEACH RACQUET CLUB NATURAL RESOURCE AND This property is within the Chesapeake Bay watershed. There are highly CULTURAL FEATURES: erodible soils and wetlands on the property. The site is encumbered by the Resource Protection Area, the more stringently regulated and environmentally sensitive portion of the Chesapeake Bay Preservation Area. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): There are no plans within the CIP for improvements to Thomas Bishop Lane, a local neighborhood roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Thomas Bishop Lane NO DATA AVAILABLE NO DATA AVAILABLE Existing Land Use 2 — 0 ADT Proposed Land Use 3- 30 'Average Daily Trips z as defined by vacant site a as defined by 3 single-family dwellings WATER & SEWER: City water and sewer are not available to this site. City water does not front the site; however, it may be extended for connection purposes provided hydraulic analysis supports the potential demand. Health Department approval is required for septic systems. A utility variance will be required if the developer chooses to explore options for connecting to city sanitary sewer service. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. VIRGINIA BEACH RACQUET CLUB NO Agen E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of these requests. Comprehensive Plan: The Comprehensive Plan Map designates this area as being part of the Primary Residential Area. The City's Comprehensive Plan states that the objective of this area is to protect the predominately suburban character that is defined, in large part, by the stable neighborhoods of the Primary Residential Area. Evaluation: Originally, the applicant proposed four (4) lots. Now, however, it is the intent of the applicant to subdivide 3.885 acres into three (3) lots for the development of single-family dwellings, all of which require a variance to the lot width requirement of 125 feet. Lot 1 and Lot 2 are proposed with 7.7 feet of frontage, and Lot 3 is proposed with 23.5 feet of frontage along Thomas Bishop Lane. The applicant did research the possibility of constructing a cul-de-sac in order to meet the frontage requirement; however, Chesapeake Bay and Wetlands staff recommended that on this environmentally sensitive parcel, the amount of imperious surfaces and the amount of encroachment into the Resource Protection Area (the most stringently regulated portion of the Chesapeake Bay Preservation Area) should be kept to a minimum in order to meet the intent of the Chesapeake Bay Preservation Area Ordinance. Staff's opinion is that a reduction ofthe imperious surface is warranted due to the environmental features on the site. To do so, flag lots are necessary. Although no portion of and extension of Thomas Bishop Lane would have been within the Resource Protection Area, the stormwater runoff from the site would eventually drain into the nearby Broad Bay. Reducing the amount of pavement utilizing one (1) 15 -foot wide access driveway and eliminating the curb and gutters provides a better opportunity for water to slow down and infiltrate back into the ground, rather than runoff into the waterway. Staff also recommended that a community pier be utilized as a means of reducing the potential number of piers from three (3) down to one (1) on this highly traveled waterway. The disturbance to the environmental features is substantially reduced, as the development activity is concentrated into a single area. In addition, the use of a community pier reduces the potential for conflicts between docks and watercraft. The applicant was amenable to seeking a Conditional Use Permit for the pier and submitted a request for that as well. Based on the environmental constraints of the property, and the applicant's desire to comply with the wishes of the Chesapeake Bay Preservation Area Board, Staff recommends approval of both the Subdivision Variance and the Conditional Use Permit subject to the conditions below. VIRGINIA BEACH RACQUET CLUB NO CONDITIONS 1. The site layout and general location of the community boat dock shall be in substantial conformance with the exhibit entitled, "Exhibit of Thomas Bishop Lane," prepared by MSA, P.C., dated 1/08/07, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. The community pier shall be used only by the residents of the three (3) residential properties depicted on the exhibit entitled, "Exhibit of Thomas Bishop Lane," prepared by MSA, P.C., dated 5/31/06 and 1/08/07, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. All three (3) parcels shall connect city sewer at the applicant's expense. 4. No commercial use of the community pier shall be permitted. 5. The community pier is subject to all applicable federal, state, and local rules and regulations. 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. VIRGINIA BEACH RACQUET CLUB NO AERIAL OF SITE LOCATION VIRGINIA BEACH RACQUET CLUB PROPOSED LAYOUT WITH COMMUNITY PIER W 0 !-�'✓/�+ t� cn c y sEu 0 : _jc O l Irt—gs {On��1i�tG p �e ep N Ta I OOOyy� KNO yfNN�y �N a, hA�1 :! olr � U N b � avm a Bit 1 11/24/86 CUP church Granted 2 05/11/81 CHANGE OF ZONING R-1 to R-3 Granted 3 05/11/81 CHANGE OF ZONING R-1 to R-2 Granted 4 05/05/86 04/25/83 04/14/75 04/10/78 CUP (recreational facility) CUP (recreational facility) CUP (recreational facility) CUP recreational facility) Granted Granted Granted Granted 5 11/15/76 CUP recreational facility) Granted 6 12/13/76 CHANGE OF ZONING R-1 to R-3 Granted 7 04/10/78 CHANGE OF ZONING R-1 to R-2 Granted ZONING HISTORY VIRGINIA BEACH RACQUET CLUB NO Agen z W 2 w Q V m. Yi 't4 qmj C1 -g O u p�auc= � - 3 w- N a dam c�a �a O � cm.` S n;YG:�s L - mrni°cwc�0w0?>� zmi r`m coo ncc Z5 _Np r.- ' Sc ma a, s tt L m-4.Np3 m E D N .ID .. 'S m �S L ... fit..:. N ' 5 Cuj _ G A a = O L L?G mC=`c C ui=nmgn 6@� a1mCC�C DEZ O p E m g C fl NLctm, Nit m °Q E :g m c c W �g m©m amo,m N w°$mvam8m`cv^ ammw c� O moocc C 1C °wawa OR 0 N ° I EL m O G Cco O U m -5 N�' ° m i U" p m Z„o asc°o.cm�cu Q C �Omm 77 p SII mo C p Daacmc3m v, o J® m CLi 'm6 C i W O m O -.L m m rNJ m C ` NtCf :C- C m m O Q m m .. _L^ z C. N Q L ar W m° L+ m .Q.� C V C N tiL" IL G '•"�' m O m _ �p�O ` U UG a Z Q0 to cE 'C l'3 O } _© t3 Q n ° V GY Q 4 t y b CR O u p�auc= � - dam c�a �a O � cm.` S n;YG:�s iiia G`. a, s °gct�g 3 E D N .ID .. 'S ° N ' v ° p ( Ea i 2`m A a = O m L E o ui=nmgn o K01L{"JTTddV JJWHad �SIl'IVNOIjIQNO3 DISCLOSURE STATEMENT VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES Agenda- Items 15A,,':116 :`Page_ 11 N m 7 E D N .ID .. ° N ' v ° p ( Ea i D = O m L E o j C fl m c W N OR 0 N ° I EL m O G Cco 77 O Q m m Z Qz c '•"�' m 3 0 U UG a m00 cE 'C l'3 O } _© t3 Q w Q 4S w co 3 = 2 G o o V m" >� Ny mpoom p� c V� 9 > � m o m 4 11� 000W a 0mm� _ 0 m- L� Rpa Occ3 d�.,vo�� L_ QC L .Yp =tD- tn o©Go m N= m c' -co, m V aco - p,r 0 ocp, N 05 ° $ {� ,_n Eva Lr 03 =`o v o°a', c' p� > 21-1 7:E E�E YU C m J CL N c O O. UD 10 b L� aDr' CY OmrA - gyb�}@J gA VBG DISCLOSURE STATEMENT VIRGINIA BEACH RACQUET CLUB NORTH ASSOCIATES Agenda- Items 15A,,':116 :`Page_ 11 Items #15 & #16 Virginia Beach Racquet Club North Associates Subdivision Ordinance Conditinnal TTca Permit West side of Thomas Bishop Lane District 5 Lynnhaven February 14, 2007 REGULAR Barry Knight: Mr. Secretary, the next item to be heard. Joseph Strange: The next items are items #15 & #16, Virginia Beach Racquet Club North Associates. An appeal to decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Virginia Beach Racquet Club North Associates, L.P. Property is located on the west side of Thomas Bishop Lane, approximately 700 feet north of North Great Neck Road and an application of Virginia Beach Racquet Club North Associates, L.P. for a Conditional Use Permit for a community pier on property located on the west side of Thomas Bishop Lane, approximately 700 feet north of North Great Neck Road, District 5, Lynnhaven, with five conditions. Barry Knight: Thank you. R.J.? Welcome. R.J. Nutter: Thank you. It's nice to be back. Thank you very much Mr. Strange. You had the hard part by reading all of that. For the record, my name is R.J. Nutter. I'm an attorney representing the applicant. Let me just take a moment to tell you about this application because it is almost literally years in the making quite frankly. I can honestly say that in this case. Much to my clients shagrin, I might add. But this site, we've done every thing that we can just like Mr. Barrett did on his site to make sure this was developed in an environmentally sensitive way. We have looked at a variety of different layouts of how this property might be developed. I can tell you that we went from iterations from four lots, which there is sufficient land for four lots here and reduced it down to three lots. Then we started looking at road improvements and even to the point in meeting with then Jack's predecessor, and the City Manager on how this could be done so that we get all the partners together on one page. And, so in an effort to try to reduce the amount of impervious area, we were asked to do several things. Right now, when you come off of Great Neck Road into this really wonderful subdivision, the club is located predominately over on this side of the road and the other area is a bubble with the indoor tennis courts is located right here. All the residents for the most part really turn down Thomas Bishop Lane. The home right here at this intersection is Mr. Browning's home, Browning's Marina. So, he lives there with his family. And, so we looked at how this could be done. What we did is originally we looked at maybe a cul-de-sac back up in here where we could have greater lot widths and so forth but the cul-de-sac did two Items #15 & #16 Virginia Beach Racquet Club North Associates Page 2 things. Number one there was a lot of impervious area. And the second thing about the cul-de-sac is that it pushed in the setbacks much further back from the homes and that pushed home closer to the RPA features. So, we then came up with a modified cul-de-sac and went to the staff and Chesapeake Bay Board and they said we would like for you to pull further back in line with the homes back here. So, again, modified to the point where we eliminated the cul-de-sac altogether and came up with a shared driveway. That is why you see this unusually small actual lot width. But actually there is a common easement ingress/egress easement for all lots over in that area, and it is all designed primarily to reduce impervious area, and to keep the homes away completely out of the RPA in this area. In fact, all three of those structures in this case are completely out of the Resource Protection Area. That is not the case for many homes in the subdivision, which were built years ago prior to the Chesapeake Bay Act. But I can tell you that a portion of the property that runs along that portion of the creek, these homes will be further back than any homes within the entire subdivision and completely out of the RPA in every instance. So, if I could, the cul-de-sac was eliminated in this process. There will be a single access way here to service all three lots. It is approximately 22 feet in width, paved for sufficient traffic movement and so forth. But everything you see about this property is driven by almost the Chesapeake Bay Act features and concerns there more than anything else. I would tell you that all lots comply with lot size requirements. All lots are sufficient to build homes on without, that we think for seeking variances for BZA for setbacks and so forth. The only substandard issue at all was the lot width requirement because as you know, you measure lot widths under Code at the rear of the front yard setback. The rear of front yard set back in all of these cases is pretty much right up in this area. The right of way ends right about here (point to PowerPoint), if I'm not mistaken, so when you measure back at that location, you have this very narrow low width but as you can see very clearly from the pictures that the lots are actually quite wide. That is one reason why we went down to three lots. These are about 120 to 125 feet width lots so they are large wider than many lots down further around us. You will also note that the lots around us R-30 and R-20. These are R-40 lots. In the subdivision, these are the largest lots. These are the lots where the homes are the furthest back from the water. Another condition that the Bay Board asked us to do was, and you may know if you went on the van trip, you probably did not go down here. These are relatively steep banks along this portion of the river. And, so avoid further intrusion, they asked us to, or otherwise we would probably be allowed to each to have a walkway down, each to have a pier. They asked us to consider a community pier so there would only be one of such structures. We would be granting easements across the other lots to where that structure would be located, and that structure would then house the boats for Lots 1, 2 and 3. So, that is why we've come to you with a community dock association as well. Also, driven by the same exact criteria. In addition to working with the Bay Board on all those issues, we've also had a number of meetings with the civic associations in the area. In addition to Mr. Browning. Mr. Browning did not appear here today. He did appear at the Bay Board in support of the application. Of course, there is no change what we showed that Board versus you all today. But Mrs. McClain is here. She, and her husband, are kind of the president of a civic league in that area that includes this area in Chelsea and she has Items #15 & #16 Virginia Beach Racquet Club North Associates Page 3 spoken in favor of the application at the Bay Board as well. Again, there is no change. They told us they liked the idea of a community pier and understood why it was being opposed. That is kind of an overview of the application. You see this is really only substantial in one issue and that is largely due to the fact of the Chesapeake. Some of the questions that were asked this morning had to do with, I think, the derivation of this lot. Let me just relay that to you that when this property was acquired by Dr. and Mr. Shifflet in terms of the racquet club, in the mid 1970's, when they acquired this parcel, and they acquired these parcels down here (pointing to PowerPoint) from two separate owners, they were both platted at that time. This lot has never been subdivided previously. I don't know the derivation prior to the mid 1970's when he did purchase it. When they bought it, it has always been in this one lot. As is, the parcel here owned by the tennis club is by two different properties by adding to the families. These were purchased, and really after the rest of the Meadow Ridge was actually underway, this was owned by other property owners. In fact, Judge Davis Reed's father in fact, owned as what we know as Meadow Ridge, that farm. They purchased that farm from his family. But these parcels were owned separately. So they have been separated parcels all along. I can't tell you the derivation prior to 1970, but I did want to let you know that this was platted this way since at least the mid 1970s, as we bought it that way. So, I knew there was another question. I think we showed the lot area. I think staff responded to that. It was more than sufficient on lot area. We have 3.88 acres here, of that 3.55 is completely outside of water. Again, we have sufficient enough land for four lots but it led to smaller lot widths and problems like that. So, I think we are okay there. Finally, if I could, turn my attention just for one second to the conditions. I can see that Ed is giving me the yellow light. Ed Weeden: It will be red in a few seconds. R.J. Nutter: The conditions are fine but we have modified condition #3. These properties will in fact be connected to city sewer and water. Stephen and I met between your early session and we have slightly modified those conditions. I would like to pass out a copy of revised condition #3. Barry Knight: I think we have it already. R.J. Nutter: No. Actually we modified it again. This condition is acceptable to them, and other wise the conditions are fine. Other than that Mr. Chairman, I know my light is turned off now, so I'll turn myself over to questions, if you have any? Barry Knight: Are there any questions for Mr. Nutter? Mr. Bernas? Jay Bernas: I've got a question. Since 1976, I guess when the property owner purchased both lots, how has he used this existing lot? I mean, did he always intend to subdivide it and make it into residential or did he have a grand future master plan of expanding the racquet club? Items #15 & #16 Virginia Beach Racquet Club North Associates Page 4 R.J. Nutter: It probably depends on when you asked the property owner that question. To be honest with you, it was originally purchased. I can't say. I did know where the club was located it was purchased for the purpose of indoor tennis. This was perceived by him certainly today, and in the last five years being a residential piece. We did look at a larger plan earlier that called for a dramatic change in how that area would be developed and went to the neighborhood associations with that plan and it was pretty soundly unwelcome. It called for relocation of the tennis facility else where far inside the tennis club. It called for a combination of these properties into a little neat condo association but it took all that density and put it in a smaller area. And, basically the idea was "no" and stay with the current zoning. We like it the way it is. So as a result of that, we went back to this parcel only. Did not change it. There were plans for a change in that respect but the neighborhood associations that we met with, weren't to welcome to that. It was a neat plan but it just wasn't the right time. Jay Bernas: Did the property owner also develop the adjacent neighborhood as far as subdivide those lots? R.J. Nutter: Yes he did. Jay Bernas: But at that time he didn't make arrangements to make this a conforming lot per say? R.J. Nutter: That is correct. This was purchased after. As a matter of fact, he developed that several years prior to the acquisition of this parcel. Jay Bernas: I guess the trouble that I'm having is I'm trying to figure out what the hardship is. Whether or not he owns the adjacent lot could he have resubdivided it along time ago so he wouldn't have this hardship. Is this a self-inflicted hardship? I just need more clarification on the actual hardship because for me, how the Commission has disapproved recently some other subdivision for flag lots, one where the lot actually had the required frontage and one where they were only creating one flag lot but we disapproved it. Here you've got, you're trying to create three lots where you got two lots that are proposed that are less than the width of a parking space. Parking space is typically nine feet wide. You've got two that are 7 and 7. So, I just have concerns about trying to be consistent with how we're applying subdivision variance and define what is a hardship. R.J. Nutter: I'll be happy to answer that question for you. I will tell you that I've done truly 100 of subdivision variances. This is, quite frankly, very common on what this Commission and Council have granted throughout the City of Virginia Beach for a number of years. The hardship in this case, quite frankly, is due to the fact of the unusual nature of this lot width. It was a platted lot back to the street. So, it is large enough to accommodate more homes than being applied on it. Our sense is that if it is large enough to accommodate those homes and you can meet all the environmental criteria, and in fact, Items #15 & #16 Virginia Beach Racquet Club North Associates Page 5 modified the development criteria that it complies with the environmental criteria, that is the leading force here. Then, frankly, the environmental boards look to Planning Commission, in many cases, the Board of Zoning Appeals to grant the variances necessary so their work can be approved. I'll give you an example. Many, many times in a subdivision, you will be adjacent to the water. And they say we're going to make you move the houses further back, and we're going to let you go to the Board of Zoning Appeals and get variances for some of the homes that are closer to the right-of-way then they are required to be by the ordinance. And, that happens quite frequently. The Board of Zoning Appeals, which has a much different, much more stringent test of hardship has routinely granted those variances on the basis that this has an usual typographic condition on this property. You have an unusual environmental condition on this property set forth in the statute, and all of these features effect the property and in this property the more so because of its unusual shape. But, I can tell you that these were purchased after he developed the other parcels. It was not set aside for some future thing. He purchased it and thought perhaps if the club or his subdivision might expand. He developed the subdivision prior to the time he purchased these properties. So, it wasn't a question of piling it on. Quite frankly, as you can see these lots would be larger than the lots all around it. Had he done that, he probably would have rezoned it to a lower category. You would probably have more lots on the property than you have today. I hope that answers your question. Barry Knight: Mr. Bernas? Are there any more questions? Are there any other questions at this time? Mr. Henley? Al Henley: The clubhouse and the racquet club, what type of water and sewer facility, are they on a septic system? R.J. Nutter: No sir. They are on city sewer and water. Al Henley: Okay. Because I remember that Meadow Ridge does have a gravity sewer, and city water. R.J. Nutter: Correct. The interesting thing that Mr. Henley is that these parcels, and I didn't know this until we got in this application, but these parcels actually have septic tanks. I had no idea that anyone in Great Neck that was a property owner were on septic tanks. These will be connected to city sewer and water. Bob Miller, MSA is the engineering firm and he confirmed it again as early as this morning. There is sufficient data to make this work by connecting it to city sewer and water. We're prepared to do that. Al Henley: That would mean that the applicant would be doing that? R.J. Nutter: Yes sir. We think there are details and sufficient capacity in that gravity system to make this work. Items #15 & #16 Virginia Beach Racquet Club North Associates Page 6 Al Henley: Are they either extending the gravity or by installing a force main? R.J. Nutter: One or the other. I apologize. If they have a condition on the city sewer and water we're fine. Al Henley: The only reason why I question that is because when we read this, I could read in here and personally speaking, that it says sewer and water will be obtained but you can also put in septic systems or well water. R.J. Nutter: We don't. Al Henley: I know that is not your intent but the way you can read into here. R.J. Nutter: All other federal, city and approval part? Al Henley: That is why I questioned that. R.J. Nutter: To be honest, Stephen and I wanted to go back to something really simple that the parcel should be connected to city sewer and water. We were trying to pick up the language of previous drafts. I think that is what happened. Al Henley: The only thing that I request is that it says that the only thing that you're cutting out and I don't see it in here in the rewriting of this is that you stated and you cut out the section where the applicant would install it at his expense. R.J. Nutter: I'll tell you what? If you would like to amend this further because Stephen and I knew of the derivation of all the language that was in this. Al Henley: I don't think it is necessary but some layman reading this could say, "yeah, by state law you can put a septic system", and I know that is not the intent of that applicant, but I can read into that, and I know attorneys, and I've dealt with these things quite often and I realize that you can put that intent in there. That is why I was saying that it would read better, personally speaking, if you say this facility will be installed by the applicant or by the individuals purchasing these lots or whatever the case may be. I just wanted to clarify that. R.J. Nutter: We have no objection. Again, Stephen and I just wanted to say that the parcel should be connected to city sewer and water. If you want to put at the expense of the applicant, developer or the owner, that is fine with us. In fact, Stephen wrote this. That is fine. We're just curious why the standard condition wasn't in there. These are going to be connected to city sewer and water. Barry Knight: Mr. Macali? Are you comfortable with the hand written or would you like to add any verbiage to it? Items #15 & #16 Virginia Beach Racquet Club North Associates Page 7 Bill Macali: I think probably it would be best for us to say that the property shall be connected to city sewer and water at the property owner's expense. Barry Knight: Thank you. Are there any other questions for Mr. Nutter? Ms. Katsias? Kathy Katsias: I think Dr. and Mrs. Shifflet have been wonderful neighbors in the City of Virginia Beach. The racquet club has been a wonderful facility off of Great Neck Road. I think the fact that they reduced this application from four to three lots, and as well as reducing the pier to having a community pier. I would like to make a recommendation that we approve the application with the modification to the city water and sewage connection. Barry Knight: Thank you. The Chair will accept that as a motion. Do we have a second? Mr. Henry Livas. We have a motion on the floor by Kathy Katsias to approve and seconded by Henry Livas with the change so noted on condition #3. Is there any other discussion? Mr. Bernas. Jay Bernas: Even though I understand the applicant's position and the definition of hardship. I think, to me, on Little Neck Road there was another applicant that had requested three lots on Little Neck Road. But they didn't have lot size or anything. We asked them to go down to two lots. Like I said, I'm trying to be consistent. I think that having a lot frontage of 7.7 feet less than a parking space width is just too narrow. The best way to be environmentally sensitive, is to build less houses, with less impervious area, so the most that I would be willing to do two but three to me, is too much, so I will not be supporting this application. Barry Knight: Thank you Mr. Bernas. Is there any other discussion? There is a motion on the floor. I'll call for the question. AYE 9 NAY 1 ABS 0 ABSENT 1 ANDERSON AYE BERNAS NAY CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD ABSENT Items #15 & #16 Virginia Beach Racquet Club North Associates Page 8 Ed Weeden: By a vote of 9-1, the Board has approved the application of Virginia Beach Racquet Club North Associates with the change to condition #3. Barry Knight: Thank you. -48 - Item V -R 6. PLANNING ITEM # 54969 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Ordinance upon application of TANK LINES, INC. for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF TANK LINES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO CONDITIONAL I-1 Z02061242 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Tank Lines, Inc. for a Change of Zoning District ClassiLication from B-2 Community Business District to Conditional I-1 Light Industrial District on property located at 1357 Diamond Springs Road (GRIN 14690099940000). The Comprehensive Plan designates this site as being within Strategic Growth Area #1, suitable for major corporate, employment and industrial uses. The purpose of this rezoning is to construct an office/warehouse. DISTRICT 4 — BAYSIDE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court. This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of February, Two Thousand Six Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Robert M. Dyer February 28, 2006 CUP - Hotel - Modification of Conditions (Proffers) ' ChM re��NN BEq ��H y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: a) Application of Value Place Real Estate Services, L.L.C. for a Modification of Proffers approved by City Council on February 28, 2006. Property is located at 1357 Diamond Springs Road (GPIN 1469009994). DISTRICT 4 — BAYSIDE b) Application of Value Place Real Estate Services, L.L.C. for a Conditional Use Permit for a hotel on property located at 1357 Diamond Springs Road (GPIN 1469009994). DISTRICT 4 — BAYSIDE MEETING DATE: March 13, 2007 ■ Background: A Conditional Rezoning from B-2 Community Business District to 1-1 Light Industrial District was approved by the City Council on February 28, 2006. The purpose of the rezoning was to allow redevelopment of the site for office - warehouse facilities for Tank Lines. The site is now being proposed for a hotel, which necessitates modification of the 2006 proffers, as they tied that rezoning to a specific site plan for the office -warehouse facility. ■ Considerations: The applicant proposes to redevelop the subject site for a 121 unit limited service hotel. The applicant has emphasized to staff that its hotels focus on providing a quality, low-cost hotel alternative, and the choice of the subject site is designed to meet that need in this area, which is predominantly devoted to transportation and warehousing. The hotel will offer lodging to drivers of long-distance trucks, to sales representatives doing business with firms in the immediate area, as well as general travelers. Staff, therefore, concludes that the hotel will provide a needed service in this area. The proposal is well -organized and configured to promote safe and functional on- site access and circulation. The proposed hotel use and accompanying modification to the proffered covenants and development restrictions are consistent with the Comprehensive Plan's land use development policies established for this area. The hotel's exterior is a simple traditional design using a "Hardiplank" lap siding in two complementary colors with mullioned windows. The building will be four stories in height, topped with a gable end asphalt composition shingled roof. Value Place Real Estate Services, L.L.C. Page 2 of 2 The proposed site design for the hotel utilizes the required stormwater management facility as an entrance feature with fountains fronting along Diamond Springs Road. The hotel is situated centrally on the lot with parking along the sides and rear of the hotel. An existing buffer of trees along the rear of the property will be maintained. The Planning Commission placed the items on the consent agenda because they concluded the use is a quality complementary use in the area, the proposal is consistent with the recommendations of the Comprehensive Plan, and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve the requests, 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 City Manager: L t'�-- VALUE PLACE REAL ESTATE SERVICES, LLC Agenda Items 6 & 7 February 14, 2007 Public Hearing Staff Planner: Karen Prochilo REQUEST: Value Place Real Estate Services LLC moo„ aro ' EL -2 U � ` BPO CUP -Hotel - Modifrcation of Conditions (Proffers) 6) Modification of Proffers from the Conditional Change of Zoning from B-2 Community Business District to Conditional 1-1 Industrial District granted by the City Council on February 28, 2006. 7) Conditional Use Permit for a hotel. ADDRESS / DESCRIPTION: Property located at 1357 Diamond Springs Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14691009070000 4 — BAYSIDE 2.399 Acres SUMMARY OF REQUEST A Conditional Rezoning from B-2 Community Business District to 1-1 Light Industrial District was approved by the City Council on February 28, 2006. The Conditional Rezoning has two (2) proffers: When the property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular access, parking, building orientation, building appearance and landscaping, the conceptual site plan and building elevations entitled "NEW SHELL OFFICE — WAREHOUSE BUILDING TANK LINES, Virginia Beach, Virginia" (pages 1 and 2), dated 8/30/2005, prepared by Lyall Design Architects, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Conceptual Plan") shall be substantially adhered to. 2. Further conditions maybe 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. Proffer 1 describes a site plan and building elevations for an office warehouse. This proffer is requested for modification to accommodate a new proposal to build a hotel on this site. The proposed site design for the hotel utilizes the required stormwater management facility as an entrance feature with fountains fronting along Diamond Springs Road. The hotel is situated centrally on the lot with parking along the sides and rear of the hotel. An existing buffer of trees along the rear of the property will be maintained. The hotel's exterior is a simple traditional design using a "Hardiplank" lap siding in two complementary colors with mullioned windows. The building will be four stories in height, topped with a gable end asphalt composition shingled roof. The proposed 121 -unit limited service hotel will operate 365 days a year, 24 hours a day. An employee will be available on-site at all times to serve customers and to oversee day-to-day operations. A manager's office will be open Monday through Friday during the day and on Saturdays half a day. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commercial site with paved parking. SURROUNDING LAND North: . Office -warehouse / 1-1 Light Industrial District USE AND ZONING: South: . Retail / B-2 Community Business District East: . Across Diamond Springs Road is an office building / B-2 Community Business District West: . Warehouse / 1-1 Light Industrial District NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road in the vicinity of this application is considered a four -lane divided minor suburban arterial. The Master Transportation Plan proposes a six -lane divided facility within a 150 foot right-of-way. No Capital Improvement Program projects are slated for this area. One ingress/egress access point is proposed in the same location as the existing entrance. VALUE PLACE REAL ESTATE TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Diamond Springs 31,698 ADT 28,200 ADT (Level of 2 „ as d Service C) 3 Existing'&AC$qg& rips f dA* 'sting office / storage Engine Road may have somaconcerns with 1 as d f ����is�fb )rADI6%vee1'. ation. ed� of I - lim,yy'tgg�� services f e i�`dW raffic ring rvice � capaci y dressed du . ing site plan review through DSC. 32,800 ADT 1 (Levet of 41 AM Peak Hour ATER : This site must connect t City water. The Service "E"1 a is a 12 -mc City water mai Vehicles (entering) "IpWp(�A§RfiiRgs Roa Vehicles (entering) _t n...+— Oa..a:.... 430)a. 4 4he �nniinni cc\e!c SEWER: This site must connect to city sanitary sewer. Hndiysis Vi r"Ump ..JLauUi 1 JLW a„ ­.. , collection system is required to ensure future flows can be accommodated. There are two 10 -inch City sanitary sewer gravity mains on Diamond Springs Road. HRSD: There is a 20 -inch and 48 -inch HRSD force main on Diamond Springs Road fronting the site. FIRE & EMERGENCY SERVICES: No comment at this time. The Fire Department comments will be provided during the site plan review process. POLICE DEPARTMENT: Provide a photometric plan during site plan review. All lighting on the site should be consistent with those standards recommended by the Illuminating Engineering Society of North America. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffer provided below. Comprehensive Plan: The Comprehensive Plan recognizes this area as being within Strategic Growth Area 1. Development proposals in this major evolving employment corridor must demonstrate a commitment to design and materials especially when viewed from adjacent major thoroughfares, Northampton Boulevard and Diamond Springs Road. Evaluation: The proposed hotel will provide a needed service for this area, which is predominantly devoted to transportation and warehousing, as the hotel will offer lodging to drivers of long-distance trucks, to sales representatives doing business with firms in the immediate area, as well as general travelers. The applicant has emphasized to staff that its hotels focus on providing a quality, low-cost alternative to other hotels, and the choice of the subject site is designed to meet that need in this area. Staff concludes that VALUE PLACE REAL ESTATE this proposal is well -organized and configured to promote safe and functional on-site access and circulation. The proposed hotel use and accompanying modification to the proffered covenants and development restrictions are consistent with the Comprehensive Plan's land use development policies established for this area. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. MODIFIED PROFFER 1: When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular access, parking, building orientation, building appearance and landscaping, the conceptual site plan entitled "Value Place Hotel, 1357 Diamond Springs Road, Virginia Beach, Virginia", dated October 26, 2006, prepared by Woolpert, Inc. and the building elevation entitled "Value Place Hotel, Virginia Beach, Virginia", dated October 24, 2006 prepared by Howard & Helmer Architects, P.A., which have been exhibited to the Virginia Beach City Council ("City Coucnil") and are on file with the Virginia Beach Department of Planning (collectively, the "Concept Plan") shall be substantially adhered to.. EXISTING PROFFER 2 TO REMAIN: 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 modified proffers listed above are acceptable as they continue to dictate the level of quality of the project and ensure its consistency with the Comprehensive Plan recommendations. The City Attorney's Office has reviewed the amendment to the proffer agreement dated November 1, 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. VALUE PLACE REAL ESTATE PROPOSED S VALUE PLACE REAL ESTATE SERVICES,,LLC Agenda Items 61.""& 7 ,Page 6 Enevr�ipwx ttv aroa soNINdS axoNwvm 9 r f . x: z :.' r T � :y tl3Vrs` iy'jf fJp • 8M .^ G,IVA 037f rw saw � PROPOSED S VALUE PLACE REAL ESTATE SERVICES,,LLC Agenda Items 61.""& 7 ,Page 6 �-n zwL PROPOSED BUILDING VALUE PLACE REAL ESTATE 1 02/28/06 Conditional Rezoning from B-2 to 1-1 Granted 2 04/11/00 Conditional Use Permit communications facility) Granted 3 12/08/98 Conditional Use Permit automobile repair arae Granted 4 06/24/97 Street Closure Granted 5 08/27/91 Conditional Use Permit recreational facility) Granted 6 09/11/89 Conditional Rezoning from B-2 to 1-1 Denied 7 09/11/89 Subdivision Variance Granted 8 02/27/89 Conditional Rezoning from R-51) to B-2 Granted ZONING HISTORY,. 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C?jea§i .r(TO'S, p. .. p � -MA ry , JL'SgMt ; Q �p NoTMirjdTUSNOIZ[(MO) 30 HOIIMJLJQOW VALUE PLACE REAL ESTATE Q G `c A r E m t in D O 8 a P' Lp m [CLhyy i b w eta d m L �mC q7 .� 02 m f .a .- c 2� �„ a, mA F'tD n'*Q- m a m �C ad-�'-- n P Cr m0 ar`_3 •G Oc3 �CmtmEQ OOy dt 1Oc Ys �` C j j U ✓Z Q Q 8 E 7 £m ad aom_Gm rom �m8 ,npEO_� G to b�� 1 S _D C 0 Y j m 4 G p� �m A G a 3 ci Lm •W G k{(Eg aN�c m m m' mw m°a�tli.s ty� G� ���d _. b .= > 1 ni (� C = ,-: ° , tri : b �• Q �p NoTMirjdTUSNOIZ[(MO) 30 HOIIMJLJQOW VALUE PLACE REAL ESTATE VALUE PLACE Officers for Value Place Real Estate Services L.L.C. Member: Value Place L.L.C. Chairman: Jack P. DeBoer CEO: Greg Kossover President: David Redfern CFO and Secretary: Randy Shaffer Assistant Secretary: Bill Wagner Assistant Secretary: Todd Richardson Assistant Secretary: Kevin Jantzen Senior Vice -President: Douglas G. Rupe Senior Vice -President: Phil White 8621 E. 210 Sutet N., Suite 250 • Wichita, Kansas 67206 - 316-631-1370 (p) - 316-6.31-1333 (f) LOW COST t CLEAN + SAFE e SIMPLE DISCLOSURE STATEMENT-_ Items #6 & #7 Value Place Real Estate Services, L.L.C. Modification of Proffers Conditional Use Permit 1357 Diamond Springs Road District 4 Bayside February 14, 2007 CONSENT Janice Anderson: The next items are agenda items #6 & 7. Those are the applications of Value Place Real Estate Services, L.L.C. This is for a Modification of Proffers that were approved by City Council on February 28, 2006. The property is located at 1357 Diamond Springs Road. It also involves an application for a Conditional Use Permit for a hotel located on the same property. This is in the Bayside District. Mr. Romine? Welcome. Steve Romine: Thank you. Good afternoon. Chairman and members of the Commission, my name is Steve Romine, a local attorney for Value Place. We appreciate being put on the consent agenda. The Modification of Proffers, as recommended by staff is acceptable to us. Janice Anderson: Thank you. Steven Romine: Thank you Janice Anderson: Is there any objection to these two items being placed on the consent agenda? The Chairman has asked David Redmond to review these applications for us. David Redmond: Mr. Chairman, a Conditional Rezoning from B-2 Community Business District to I-1 Light Industrial District was originally approved by the City Council on February 28, 2006. The original application described a site plan and building elevations for an office warehouse. This proffer, which is requested for modification is to accommodate a new proposal to build a hotel on this site. Specifically, a 121 unit limited service hotel that would operate 365 days a year and for 24 hours a day. The proposed site design for the hotel utilizes the required stormwater management facility as an entrance feature with fountains fronting along Diamond Springs Road. The hotel is situated centrally on the lot with parking along the sides and rear of the hotel. An existing buffer of trees along the rear of the property will be maintained. The Commission is unaware of any opposition to this proposal. We believe it would be an attractive addition to this corridor that would further diversify the product in the Bayside District. As a result, we believe was most appropriate for the consent agenda. Thank you. Janice Anderson: Thank you Dave. Mr. Chairman, I have a motion to approve the following items on the consent agenda. They are agenda items 6 and 7. Items #6 & #7 Value Place Real Estate Services, L.L.C. Page 2 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 Jan Anderson and seconded by Gene h. fabtree. Is therc Qny discussion? Fil call for the question. Ed Weeden: By a vote of 10-0, the Board has approved items 6 and 7 for consent. AYE 10 NAY 0 ABS 0 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 6 and 7 for consent. In Reply Refer To Our File No. DF -6623 TO: Leslie L. Lilley FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 28, 2007 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application: Value Place Real Estate Services, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 13, 2007. 1 have reviewed the subject proffer agreement, dated November 1, 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/als Enclosure cc: Kathleen Hassen TANK LINES, INC., a Virginia Corporation TO (AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia. THIS AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS ("Amendment") made this 1 st day of November 2006, by and between TANK LINES, INC., a Virginia corporation, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, provides and states as follows: WITNESSETH: WHEREAS, Grantor is the owner of a parcel of real property located in the City of Virginia Beach, Virginia, containing 2.399 acres of land commonly referred to as 1357 Diamond Springs Road, Virginia Beach, Virginia, GPIN #1469-00-9994 (previously GPIN #1469-10-0907 and part of GPIN #1469-10-0669), more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Property"); WHEREAS, on February 28, 2006, the City Council of the City of Virginia Beach, Virginia, approved a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, so as to change the Zoning Classification of the Property from B-2 Commercial District to Conditional I-1 Industrial District. WHEREAS, an Agreement of Proffered Covenants, Restrictions and Conditions executed by Grantor was recorded March 8, 2006 as Instrument Number 20060308000354540 in the Clerk's Office of the City of Virginia Beach, Virginia (the "Proffered Conditions") in connection with the conditional amendment to the Zoning Map; and WHEREAS, Grantor and Grantee desire to amend the Proffered Conditions as herein provided in order to allow for the design and development of the Property in accordance with a new conceptual site plan and building elevations. NOW, THEREFORE, the Grantor, its successors, assigns, grantees and other successors in title or interest, voluntarily and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amendment to the Proffered Conditions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this Amendment shall constitute covenants running with the Property, which shall be binding upon GPIN: 1469-00-9994 (previously GPIN 91469-10-0907 and part of GPIN #1469-10-0669) Prepared by: LeClair Ryan, A Professional Corporation 999 Waterside Drive, Suite 2525 Norfolk, Virginia 23510 the Property and upon all parties and persons claiming under or through the Grantor, its successors, assigns, grantees and other successors in interest or title: 1. Item #1 of the Proffered Conditions is hereby amended by deleting the existing sentence and replacing it with the following sentence: "When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular access, parking, building orientation, building appearance and landscaping, the conceptual site plan entitled "Value Place Hotel, 1357 Diamond Springs Road, Virginia Beach, Virginia", dated October 26, 2006 prepared by Woolpert, Inc. and the building elevation entitled "Value Place Hotel, Virginia Beach, Virginia", dated October 24, 2006, prepared by Howard & Helmer Architects, P.A., which have been exhibited to the Virginia Beach City Council ("City Council") and are on file with the Virginia Beach Department of Planning (collectively, the "Concept Plan") shall be substantially adhered to." Grantor further covenants and agrees that: The above amendment having been proffered by Grantor and allowed and accepted by Grantee as part of the amendment to the Zoning Ordinance shall continue in full force and effect until a subsequent amendment changes and 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 Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of Grantee, after a public hearing before Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Grantor covenants and agrees that: 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, 04 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, 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 Grantor and Grantee. WITNESS the following signature and sed: GRANTOR: TANK LINES,C., a Virginia corporation By. (SEAL) Name: Charles albon, Jr. Title: President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledge before me this l 5% day of "W"ey, 2006 by Charles R. Malbon, Jr., as President of Tank Lines, Inc., a Virginia corporation, on behalf of said corporation. otary Public My Commission Expires: EXHIBIT A PROPERTY DESCRIPTION ALL THAT certain tZ'a 4 Piece Or Parcd of land,1yM& situate and being in the City of V *gi= Beach, Virginia, designated as "PARCEL X'V B", can that certain plat entitled 'RESUBDIVISION OF PARCEL XLiV, ATRpoRT mnUSTRIAL PARK -- BAYSIDE {MB 115, PG 25) AND THE PROPERw of CLARA S. MALBON Unshument No. 200310170169982) Virginia Beach, Vugirtia", prepared by Engineering Services, Inc., and duly recorded in the Clerk's off= of the C=wt Ccaurt of the City of Virginia Beach, Virginia, as Instrument # 20051215002001950. GPIN #1469-00-9994 (previously GPIN #1469-10-0907 and part of GPIN #1469-10-0669) 0 a.r_— r Z 427frirf Mir MON. � , , VIN CUP - Home Daycare rE =J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Wanda DiNardo for a Conditional Use Permit for a home occupation (daycare) on property located at 2424 Peritan Road (GPIN 1497981390). DISTRICT 6 — BEACH MEETING DATE: March 13, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow up to nine (9) children in the home for child care on a lot zoned R-10 Residential District. The applicant has been providing this service for over five (5) years for the number of children allowed without a use permit (four children). The applicant proposes to expand the number of children cared for and to obtain a license from the Department of Social Services to do so. Before the license can be obtained, the applicant is required to secure the Conditional Use Permit. ■ Considerations: Quality daycare is an extremely important service for working parents. The applicant is working with Social Services to become certified for the number of requested children. The applicant has been operating as a daycare home for approximately five (5) years at this location. The applicant is requesting nine (9) children; however, the applicant notes that her normal maximum will seven (7). She is requesting nine (9) to allow the potential for her to watch two additional children during school breaks and similar times when a parent or guardian might need temporary childcare. Staffs conclusion is that the existing two (2) -story, single-family dwelling, and the fenced rear yard, is of ample size to accommodate the request of up to nine (9) children. This number is below what has recently been typical of a home daycare provider, as staff has consistently recommended limiting the number of children in a home day care in similar situations to a maximum of ten (10). The proposal is in conformance with the Comprehensive Plan's recommendations for the Primary Residential Area. It is likely that many of the children will come to this daycare from the immediate and surrounding neighborhoods. It is not anticipated that the home daycare on this site will adversely impact any surrounding properties. There was opposition to the request. Wanda DiNardo Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. This daycare facility shall be limited to a total of nine (9) children during a single day. 2. No signs advertising the home daycare shall be permitted on the premises or installed on the lot or buildings on the lot at any time. 3. The applicant shall, within six (6) months of the approval of this Use Permit, obtain a family daycare home license from the Commonwealth of Virginia and shall maintain said license in good standing. Failure to maintain a family daycare home license shall result in revocation of this Use Permit. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: ' k ' 4z�8 Wsz' WANDA DINARDO Agenda Item 11 February 14, 2007 Public Hearing Staff Planner. Carolyn A.K. Smith REQUEST: Conditional Use Permit for Home Occupation for in home daycare. ADDRESS / DESCRIPTION: Property located at 2424 Peritan Road. CUP - Home Daycare GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14979813900000 6 - BEACH 12,500 square feet The applicant requests a Conditional Use Permit to allow up to SUMMARY OF REQUEST nine (9) children in the home for child care on a lot zoned R-10 Residential District. The applicant has been providing this service for over five (5) years and would like to expand the number of children and obtain a license from the Department of Social Services to do so. The hours of operation are 8:00 a.m. to 5:30 p.m., Monday through Friday. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Single-family homes / R-10 Residential District USE AND ZONING: South: . Single-family homes / R-10 Residential District East: . Single-family homes / R-10 Residential District West: . Peritan Road • Single-family homes / R-10 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There are no CULTURAL FEATURES: significant environmental features on the site. AICUZ: The site is in an A1CUZ of Greater than 75 dB Ldn surrounding NAS Oceana. WANDA DINARDO Agenda Item 11 Page 1 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Peritan Raod is a two (2) lane local street. There are no plans to upgrade this roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Peritan Road No Data No Data Available Existing Land Use — 25 Available ADT Proposed Land Use 3- 45 ADT Average uauy i nps z as defined by one single-family dwelling with day-care (4 children) ' as defined by one single-family dwelling with 9 children in day-care WATER & SEWER: This site is already connected to City water and sewer. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan Map designates this area of the city as "Primary Residential." The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The Plan's policies support development proposals that fulfill a legitimate public need for compatible neighborhood support uses and activities. Evaluation: Quality daycare is an extremely important service for working parents. The applicant is working with Social Services to become certified through their program. The applicant has been operating as a daycare home for approximately five (5) years at this location. The number of proposed children in her care, however, requires a Conditional Use Permit, as she wishes to care for up to nine (9) children. Staffs conclusion is that the existing two (2) -story, single-family dwelling, and the fenced rear yard, is of ample size to accommodate the request of up to nine (9) children. This number is below what is typical of a home daycare provider, as Staff has consistently recommended limiting the number of children in a home day care in similar situations to a maximum of ten (10). The proposal is in conformance with the Comprehensive Plan's recommendations for the Primary Residential Area, and it is likely that many of the children will come to this daycare from the immediate and surrounding neighborhoods. It is not anticipated that the home daycare on this site will adversely impact any surrounding properties, and, therefore, is recommended for approval. WANDA DINARDO Agenda Item 11 Page 2 CONDITIONS 1. This daycare facility shall be limited to a total of nine (9) children during a single day. 2. No signs advertising the home daycare shall be permitted on the premises or installed on the lot or buildings on the lot at any time. 3. The applicant shall obtain within six (6) months of the approval of this request a family daycare home license with the Commonwealth of Virginia and shall maintain said license in good standing. Failure to maintain a family daycare home license shall result in revocation of this Use Permit. 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. WANDA DINARDO Agenda Item 11 Page 3 AERIAL OF SITE So 4e 80,01V • � 1 di „ � � �10���r ��'7 5 NQQ4 t0 A • 29A' w 2- STY. FR. 4 N 4F 2424 M a J b { z °► Goa Pare• V 334''t COPD. 8O` To S1.40b"t Rd. Z N4go22V4S'W BODO' pERITANtseRiw3 ROAD No zoning activity to report ZONING HISTORY W W12- t, I E, LM v Vall -1 U i V G N wC c o c m a� c m � � � m o ? a m `a $ o Q 0 0 0 Or C IEp m i5 Op T � IR II M v w,. Item #11 Wanda Dinardo Conditional Use Permit 2424 Peritan Road District 6 Beach February 14, 2007 REGULAR Barry Knight: Our next order of business will be to open our public hearing for agenda items that need to be heard. Mr. Secretary, will you call the first item to be heard please. Joseph Strange: The first item is item #11. An application of Wanda Dinardo for a Conditional Use Permit for a home occupation (daycare) on property located at 2424 Peritan Road, District 6, Beach, with three conditions. Barry Knight: We're going to pull them out of order for a second. We'll hear item #11 on Dinardo. Will the applicant please come forward? Welcome ma'am. Please state your name for the record. Wanda Dinardo: My name is Wanda Dinardo. This is my husband Tommy Dinardo. We're here today because of my application for a Conditional Use Permit to continue to operate my home daycare on my property in the Kenstock neighborhood. I might be very nervous talking so I prepared my statement if that is okay with you? Barry Knight: Absolutely. Wanda Dinardo: Just to give a little background, my husband and I have been married for 23 years. I have a 19 year-old son. We have lived in Virginia Beach for most of our lives. We both graduated from Princess Anne High School. We purchased our current home in the Kenstock neighborhood off of Great Neck Road 20 years ago in 1986. My husband graduated from Old Dominion University as a mechanical engineer and works for Norfolk Naval Shipyard. After high school, I entered the workforce in the banking field. I worked myself up to Assistant Vice President and Branch Manager of Central Fidelity Bank, which is now Wachovia. After 15 years of banking, I resigned from my position because my husband's job temporary took us to the Cincinnati area. After 212 years, we returned to Virginia Beach and to our home in Kenstock. About 5 years ago, while contemplating going back into the banking field, it was at that time a neighbor asked me if I could watch her child until she could find quality daycare. To help out and thinking it would be for a short while, I agreed. Within that year, a friend of mine closed her daycare and asked if I could watch two of the children she cared for just until their parents could find a good daycare to place them in. Once again, I agreed because having been a working parent with a small child, I knew the anguish the parents felt about finding someone other than themselves to care for their children. Even though I kept Item #11 Wanda Dinardo Page 2 telling myself that watching these children was only temporary, I came to realize what a joy it was to care for these children, and to provide such peace and happiness for their nrc.+t T nl n h.,.l �l.or + ".Jl,b. h .l �....t 1-. t t..l.'.�.� f..... p --encs. i cuS0 uuu Oth i pareiit.S iu iiiy u� ibuLI III u contact l iuC auvu� v�'awuiu� L1111-4-1 children. After hearing horror stories about some home daycares and parents pleading with me to watch their children, I felt that maybe this was my true calling. I applied for a business license and started Wanda's Wee Care. My intentions were then, and still are today, to run a small home daycare. I have no plans to have a large daycare where I would need assistance or employees. I currently care for seven children on a regular basis, which four are full time and three are part time. My hours are Monday through Friday, 8:00 to 5:30. I converted my two -car garage into a large playroom with a separate entrance on the side of my home. Since my driveway can accommodate four cars, I have plenty of parking for drop-offs and pick-ups. Along with the parents dropping off and picking up at all different times, parking has never been an issue. When I first applied for my business license, I was told at that time that I could watch no more than seven children. However, I was unaware that two had to be my own. When this was brought to my attention last October that was when I found out about the Conditional Use Permit. I immediately applied for the permit. I requested a permit to watch a total of nine children. I do not plan to watch more than the seven children that I currently watch, however, I have requested a permit for a total of nine because once in a while, mainly when schools are closed for a holiday or a teacher in service day, there are three families in Kenstock that occasionally ask me to watch their school age children. Since I am asking to be able to watch a total of nine children, I have also taken the steps to apply for a state license through the Department of Social Services. I've attended the required classes and completed my application and I am just waiting for the return of the criminal background and essential registry check. I feel that the service that I provide is much needed, and out of respect for my neighbors, I'm also very conscientious about not making my home look or sound like a daycare. I have checked with my neighbors on each side of me and directly behind to make sure that my daycare does not affect them in any way since they are the ones that are in such close proximity to my property. They were very supportive and also signed a petition of support for this permit, along with 27 other Kenstock neighbors, which I believe you have a copy of. When getting my petition signed, I was surprised at how many neighbors did not even know there was a daycare in Kenstock. I have never had advertise my business. All my business has been from word of mouth and referrals, and I always have a waiting list of parents that would like to bring their children to my daycare. Ironically, since posting that beautiful large orange sign that was given to me by the Planning Department for this Conditional Use Permit, I have had two neighbors, one who lives at the end of my street, stop by to inquire when I was going to open my daycare because each of them have a small child and are in need of daycare. This made me feel confident that my efforts to keep the daycare a low profile, has been successful. Thank you for your time and I'll be glad to answer any questions. Barry Knight: Thank you Ms. Dinardo. Are there any questions? Ms. Katsias? Kathy Katsias: I know you're allowed ten children. Why not apply for ten versus nine? Item #11 Wanda Dinardo Page 3 Wanda Dinardo: Because from my experience with doing this, I do want to keep it a small home daycare. I have found that the more children that you have the less quality carc i care giVC. I likc to Uc involved in the care, and not just elle changing of the diapers and feeding them but to have circle time, and make it a little bit more educational. Seven has been wonderful. The few days that I do have, and sometimes the siblings of one of the children that is out of school or my neighbor's children that just makes it more fun. But, I would not like to have a large daycare. That is why I think nine would be the perfect number for myself. Barry Knight: Are there any other questions? Ms. Dinardo, how this works is Mr. Secretary will call some people that are in support, if there are any, call any opposition, if there are any, and then we'll call you back and you will get three minutes to address any concerns or answer any questions that we have. Wanda Dinardo: Okay. Barry Knight: Thank you. Wanda Dinardo: Thank you. Joseph Strange: Speaking in support we have Dolores Marinello. Barry Knight: Welcome Dolores. Dolores Marinello: Hello. Barry Knight: Please state your name for the record. Dolores Marinello: Dolores Marinello. I teach in Virginia Beach Public Schools. I have one daughter. She currently stays with Wanda. When I first found about Wanda's, I was placed on a waiting list. I found Wanda's name through the guidance counselor's secretary because she lives in that neighborhood also as well as a couple of the other teachers. As a public educator, I can't stress to you enough how important quality daycare is. I'm one of those parents that when I'm away from my child, my cell phone never leaves my side. I think about that during the day when I educate the children of my parents. My children at school are also my children. I take very much pride or a lot of pride in providing a good education for them in a safe environment so I appreciate it when I can find someone to do the same to get the most joyful thing that I have had happen, which is my daughter. She absolute adores Wanda. I have never had a problem with the traffic flow. I've never had a problem with running into people at the wrong time there. I know on an adjacent road sometimes people come in and out of it. It is a big circle. It has never, ever been an issue. Daycare in this area is very difficult to come by, and if you don't choose one of the bigger contracted places like Kindercare, you have no choice but to find someone in a neighborhood that will provide that daycare. I feel Item #11 Wanda Dinardo Page 4 like I found this person and being a teacher, I support everything that she does with activities. My daughter has blossomed there and adores Ms. Wanda. Absolutely, I can't L l r how L r �� with ♦L ♦L L '1 7 ♦1. « ' 11 T�' say enough about ho sine interacts wit>1 hC othc chiidrerI Lucrc. It iS very small. It's interactive. There are a lot of activities, lots of fun and good quality. She is safe. She is happy. It makes me safe and happy. Barry Knight: Are there any questions? Thank you. Joseph Strange: The next person speaking in support is Dana Harris. Barry Knight: Welcome ma'am. Please state your name for the record. Dana Harris: My name is Mrs. Dana Harris. I'm here to state my support for Wanda Dinardo and her application for her Conditional Use Permit. I also have two children that attend Wanda's Wee Care daycare. I want to convey to the City Planning Commission what a wonderful daycare that Wanda's Wee Care really is. It has been such a positive and nurturing experience for my children, which I've had a problem in the past finding anywhere else. I haven't been able to find it. My children have attended other daycares. Wanda is very conscientious in regards to keeping the drop-offs and pick-ups to a minimum. She staggers times so there is not a traffic jam. And, as parents, we intend to fall in love with other people's children. They are my children's friends and they are best friends. That is what they have in their life right now. It is the biggest, most important thing to them. So, we want to talk with the parents when we're there. Wanda is very conscientious about staggering it so we don't cause a traffic flow jam. I would also like to mention that I personally, as you see the pictures that come up of her home (PowerPoint). She doesn't even look like a daycare. I mean, which to mean when I see a home daycare that looks like a home daycare, to me, that is advertising. It makes me feel like it is a facility that has to advertise that is a commercial kind of facility. I'm looking for the best thing that I can find because I can't be there. My husband is military. He is gone quite often. I work and I also do a lot of community service. I have two small girls. I have one on the way so it is extremely important to me to find something that is the best and closest thing to home. I don't think you're going to find it anywhere else other than Wanda's daycare. I think, if she is limited to less children, it would be doing a great disservice to the community. As we all have stated, it is very hard to find and it is the nearest and dearest thing to our hearts. It's our children. It's our future. So, I would appreciate it considering offering her the permit. Thank you for your time. Barry Knight: Thank you. Are there any questions? Thank you Mrs. Harris. Joseph Strange: Also speaking in support we have Dennis Vrem. Barry Knight: Welcome sir. Dennis Vrem: Good afternoon. My name is Dennis Vrem. I live directly adjacent to the Item #11 Wanda Dinardo Page 5 Dinardos. I am here in support of her request. My home is less than 30 feet away from the entrance to where she cares for the children. I have lived next door to her since approximatelyI�g6. i ani, a rciircd Naval of icer of 23 years. i am also a licensed realtor of approximately 16 years. My concern, of course is home values. I previously owned the home next door to my existing home. I keep an eye on house values in the Great Neck corridor and over the years, I have never seen any decline in those values. My house has tripled in value since 1986, when I purchased it. The Great Neck corridor is a great palce to live. She provides a great service. It is hard to find good child care. I remember from rasiing my kids. I have never had an incident. The people that come and go are very courteous. I think she is an asset to the community. The rest of us are out there beating the streets to make a living. She is providing the facilities so their children are cared for while they are out there working. Barry Knight: Thank you. Are there any questions? Sir, could you show us on this? There is a laser on this. If you can pull it up and point the button. Please show us where your house is? Dennis Vrem: My house is right there (pointing to PowerPoint). Barry Knight: Thank you. Dennis Vrem: Her entrance is right there. Barry Knight: Thank you sir. Joseph Strange: Tommy Dinardo. Did you want to speak? Tommy Dinardo: I'm just here to support her. Joseph Strange: Okay. That is all that is speaking in support. Speaking in opposition, we have Sharlene Gordon. Barry Knight: Welcome ma'am. Sharlene Gordon: Hi. How are you? Barry Knight: Fine. Please state your name for the record. Sharlene Gordon: I'm so nervous. My name is Sharlene Gordon. I live diagonally from the Dinardos. Barry Knight: Could you pull the laser up please and point over and show us where your house is? Item #11 Wanda Dinardo Page 6 Sharlene Gordon: Do I have to press something? Barry Knight: Yes ma arn. Sharlene Gordon: I live right here (point to PowerPoint). Barry Knight: Okay. Thank you. Sharlene Gordon: You're welcome. I'm not here to voice any concerns regarding the care that Wanda provides in her daycare. I am here simply as a neighbor that lives diagonally across the street. I have objections to increasing the number of children that she cares for because the number of vehicles that would be increased in coming into the neighborhood. My driveway has been used as a turn around for people that have been dropping off and picking up children. I consider this, really as a nuisance with the increased traffic that is coming into the neighborhood. This is not personal towards the Dinardos. As a concerned citizen, I am just voicing my opinion. This should not be divisive, pitting neighbor against neighbor but mature adults exercising their rights using the democratic system. I hope that my opinions will be considered as well as those submitted by clients that do not reside in the neighborhood. There is increased traffic. There is an increase in business license being given to neighbors that live across the street. There are currently four to five businesses. There is a business with vehicles being parked on the street, and I'm concerned about the safety and the integrity of the neighborhood as a result of all of this activity. We're going to be Main Street America here pretty soon. Thank you very much. Barry Knight: Are there any questions for Mrs. Gordon? Eugene Crabtree: Yes. Barry Knight: Mr. Crabtree has a question for you. Eugene Crabtree: The businesses that you said are on the street, are these licensed businesses or are these just people working on things in their homes? Do they hold a license in the City of Virginia Beach to operate? Sharlene Gordon: I believe they do. There is one gentleman that sells cars from his house. As a result of that, there are vendors who come and clean the cars, repair the cars, people coming to look at the vehicles. There is a neighbor across the street who has a home business, and it does not affect anything that is going on in the neighborhood other than deliveries perhaps from UPS. There is a neighbor down the street who does fix vehicles in his garage. I'm not sure he has a license. There is also a gentleman that lives on our street that has a company, apparently, and I'm sorry I don't have all the information behind it. There are two vehicles that he parks on the street that advertise his business that are work vehicles. Item #11 Wanda Dinardo Page 7 Eugene Crabtree: One other question. She has seven children that she cares for and of those seven, I would presume since one lady has two children that there is not maybe over II c drop-ofl0- a day to her piacc. low many of u10S2 turn around 111 your driveway each �� day? Sharlene Gordon: I would say there are three or four cars that turn around in my driveway. It is a block and the vehicles could go around the block versus just pulling up in my driveway and turning around. I understand that people need a place to turn around. I'm not that kind of a neighbor but on a regular basis, day after day, I don't appreciate it. Eugene Crabtree: If they turn around the block, would that solve your problem? Sharlene Gordon: Yes. It would. Eugene Crabtree: We're not here today to listen about the other businesses. We're here to address strictly one. If they were to not turn around in your driveway would that satisfy you? Sharlene Gordon: It certainly would.. Also, my concern with this business is that is one more business in the neighborhood. I don't know where it is going to stop. Thank you very much. Barry Knight: Are there any other questions of Ms. Gordon? Thank you ma'am. Joseph Strange: Also speaking in opposition, we have Gerri Pleacher. Barry Knight: Welcome ma'am. Welcome sir. Please state your name for the record please. Gerri Pleacher: Gerri Pleacher. I live at 2425 Peritan Road, directly across the street from the property that we're discussing right now. I have lived there for 20 years. Of those 20 years, I had a vehicle parked in front of my house. The driveways go like this. So, if you come out of one driveway, you're going to hit a car. If you come out of this driveway, you're going to hit a car if it is right there. Like I said, even in the pictures that were presented to you all, my pick up is sitting right where it is sitting right now. I've had that vehicle since I bought it in 1991. I had no problems with any damage to the vehicle until the daycare opened up. I have been hit three times. I'm not talking about little dents. I'm talking about losing the fender and the headlight. I'm talking about having to put in the quarter panel again. These were major damages and hit and run. The only way 1 know what is going on in my neighborhood is that I have security cameras outside my house. It focuses on my property and the street. I know exactly where my problem is at and it is coming out of the Dinardo daycare. Now, I don't see anything that is going to change. If she was supposed to be operating at five children, she's operating at seven. If you all say nine, then my problem just increases. Now, the other day, Sharlene was Item #11 Wanda Dinardo Page 8 talking about people turning around in her driveway. This last week, the cameras that face my driveway that protect my driveway, a person came out of her driveway, backed across the street in i'ont of mine and right into lily driveway. So, what ani I going to have to start worrying about? Are cars parked in my driveway? You see, I'm the one taking the brunt of this daycare. I don't care how many people in the neighborhood. I have nothing to say about Mrs. Dinardo's daycare. I don't have any children over there. I can't say if it is good or bad. Most likely its good because the Dinardo's are good people. What I'm complaining about is the traffic. I know, I have a tendency to talk to fast. But, to me, for you guys to increase this, it is going to increase my problem. I don't see any way of stopping it other than it's a business. Take it to a business area. Let us have our residence back again. We have 75 plus decibels going over our house on a daily basis. I mean, heaven sakes, we're retirees. We don't need to be in a parking lot day in and day out. That traffic does come. There are five or six cars parked in there picking up children in the evening. It is not staggered. It's there. Barry Knight: Thank you ma'am. Are there any questions? Ms. Katsias has a question. Kathy Katsias: Is your truck parked in your driveway or on the street? Gerri Pleacher: It's parked on the street where it has been for the last 20 years. Even in your picture, it's parked on the street. Kathy Katsias: I didn't see the picture. Gerri Pleacher: You see it? It's right there (pointing to PowerPoint). Charles Pleacher: That satellite is about five years old. Gerri Pleacher: Yeah. That is not an up to date satellite. Kathy Katsias: Would you consider parking it in your driveway? Gerri Pleacher: Why don't I park it in my driveway because we have other vehicles. If I have people come visit me, I have to play move the cars. Who has to move out, in other words, to be able to use the street. I will not let visitors park on the street. It is too dangerous. It is too hard. My son is a paramedic. His car spot has to be opened. He has to able to go like this when he is home. I can't have him park, and I guess I could have him park all the way back, but then I have to keep moving cars all the time. Why should I have to do that to accommodate a business in a residential area? No. I have the same rights. He parks on the street. Mr. Dinardo parks on the street. I park on the street. Pete parks on the street, Pete's mother parks on the street. Mike parks on the street. Everybody parks on the street there. It was designed to have off street and on -street parking. Why is it after 20 years, I have to juggle my cars around in my driveway to accommodate a business? Item #11 Wanda Dinardo Page 9 Barry Knight: Are there any other questions? Ms. Anderson? Janice Anderson: Ma'arn, you talked about a traffic jam. Could you tell nie what time of day this occurs and how many cars? Gerri Pleacher: This occurs at the pick up time in the evening around 5:00 o'clock. Janice Anderson: From 5:00 to 5:30? Gerri Pleacher: We have cars pull up in the driveway. We'll have cars like this and cars like this because everybody gets off work basically at the same time. She has no way of controlling that. People are going to come to pick up their kids when they're available to pick up their kids. Janice Anderson: Okay. That is mainly when you see it is at 5:00 o'clock. Gerri Pleacher: Yeah. The pick up time and the traffic that is being created is what the traffic is doing. They're hitting my vehicle and they're running. Hit and run. Now, I can't say that this is acceptable to anybody. Why should I have to take the brunt of her having a business in a residential area? All she has to do is move this business to a commercial site. There is a shop right outside of our area that has office buildings that Mr. Dinardo has told me that he was thinking about renting. It has got a big open space for play. It has got plenty of parking spaces for the women to turn around. They're out of the neighborhood. Janice Anderson: I hear what you are saying. I don't think that may solve your problem. Gerri Pleacher: It does solve my problem because no one is backing into my vehicle. Janice Anderson: Anybody can back out of that driveway. It doesn't matter if there is a business or not and run into your car. Gerri Pleacher: Well, they haven't for the first 16 years that it has been parked there. Janice Anderson: Okay. Thank you. Barry Knight: Are there any other questions? Mr. Strange? Joseph Strange: How long have the people who pick up their children, how long does the average car sit there? Gerri Pleacher: Well, they're getting a little longer then they were. But I'm afraid it is probably the discussion of this thing coming up. Generally, they're there about, I would say ten minutes. That is the average about ten minutes. Item #11 Wanda Dinardo Page 10 Charles Pleacher: Longer at times. nom. Di i .. r i .,..ti w .. hold a _ a: _ r __ ll..al•11�+1. A- 11g1J1 at Umcs Uut ilcy havc ccn holUlllg u1Jl�UJJ1V11J, 1 111 slAre a oUt this expansion. Joseph Strnage: Okay. Thank you. Barry Knight: Are there any other questions? Mr. Livas? Henry Livas: Yes. Have you asked the Dinardos to alert their clients as far as the problems on the traffic on the street? Gerri Pleacher: Yes. I asked. Henry Livas: Have the responded? Gerri Pleacher: No. I asked after accident number 2. I asked after accident #3, which was the week of December 18, the last time my vehicle was hit. I said instead of having your clients go up in your driveway, have them drop the children off at the curb level, and let them walk the children up, which a couple of their clients actually do. One man in a gray truck does it all the time. And, she said she would do that. People are still pulling up in the driveway and pulling out. I am totally being ignored. This is a residential area folks. This is not a business area. Barry Knight: Are there any other questions? Gerri Pleacher: I mean, this is wrong. Barry Knight: Thank you ma'am. Joseph Strange: The next speaker in opposition is Charles Pleacher. Charles Pleacher: Good afternoon. Barry Knight: Good afternoon. Charles Pleacher: My name is Charles Pleacher. I will try to keep it very short. While we have this aerial view, and as we noted before (pointing to PowerPoint), as we noted before, that is my vehicle. On this side of the street there are no businesses at all. On this side of the street we have business (pointing to PowerPoint). We have a business (pointing to PowerPoint). Three businesses. (pointing to PowerPoint). A business. (pointing to PowerPoint). A business. (pointing to PowerPoint). Business. All up and down the street, on one side of the street. So, when people back out here for businesses, it is going to be coming this way. People who are going to get the brunt of it are going to Item #11 Wanda Dinardo Page 11 be the ones on this side of the street. This is what you have to look at. The original concept of babysitting was to help in the local neighborhood. Well, once you go beyond Uavyaittiing It is dayCa-1-C. f.laycare is a business. Linc my wife said, it belongs in a different location. That is all that I have to say. My wife covered most of what I had to say. Barry Knight: Are there any questions? Thank you sir. Charles Pleacher: Thank you. Joseph Strange: That is all the speakers that have signed up. Barry Knight: Ms. Dinardo? Welcome back Ms. Dinardo. Please state your name again for the record. You've heard some concerns and possibly you can help address them. Wanda Dinardo: Wanda Dinardo. In regards to Mrs. Gordon and the turn around in her driveway, that was never brought to my attention. However, when this started in October, I asked all the parents on how their traffic pattern is. Only one parent told me that she does once in a while will turn around there. I've asked her not too. She has not done it since then. I am totally unaware of it. It has never been brought to my attention from Ms. Gordon or anybody else. In regard to the Pleachers, with all due respect to them, the pick up that they're talking about is the vehicle that is rarely used. Since I started the petition. Let me back up a little bit. In 2002, their vehicle was hit by my sister-in-law at 7:30 at night when she backed up and hit their pickup truck. They brought it to our attention. Actually, my sister-in-law went over there. USAA paid them $544.21 to repair the vehicle, which they chose not to repair but that is totally their prerogative. Two years ago, one daycare parent, again, backed up and because of where they park that vehicle is directly behind my driveway. They have a good 15 feet if they were really concerned about this pickup to back it up, and have all the side yard to park. I've asked them to move it but they haven't. But two years ago, a parent did hit their vehicle. They were paid over $700.00 to fix that same fender. I do have a picture of that vehicle. If you could see the fender, they just went to the junkyard and got a white fender and stuck it on this old vehicle, again their prerogative. That is fine. However, the third incident, they were telling me about it. They said the filed a police report. Nobody had contacted me. I've talked to all my parents, and plus I warned them.. When I saw that vehicle parked back out there. Let me back up just a little bit. After the second accident, they moved that vehicle. It was not around for two years. Then in October when I filed for this petition, they brought the vehicle back out right behind my driveway. And, I have warned all my parents do not hit it. And, now supposedly there is this third accident that I am unaware of. The police do not know when the report was filed. It has been over two months. I think she said it was in December. If she is worried about her vehicle and since they don't even use it. I've seen her move it twice to get leaves from out under it into their driveway. They do not use it but, like I said, they can easily move it. Did I answer it? Item #11 Wanda Dinardo Page 12 Barry Knight: Ms. Dinardo? Answer questions please. Mr. Crabtree. Eiig%iic Ciavuee. First of all, iet iilc Say weiwuic i vnu"11y and 1V1rJ. Dinardo belllg rti graduates, you are in good standing with the city. I've had many years associated with Princess Anne. I've watched you many times Tommy. You said that you have asked your parents to drop off at the street and around the block? Would you be willing to stress this a little more strongly to your parents that they do this in order to prevent any problems? Wanda Dinardo: Absolutely. As a matter of fact, the ones with the larger vehicles, like the Suburbans already do that. They do not pull into my driveway. Eugene Crabtree: My second thing is that there seems to be some concern about other businesses on the street. Are you aware and you don't say what, but are you aware of other business in that street that are properly licensed with the city in that area? Wanda Dinardo: I can't say that I know if they have their license. I've never looked that up myself. I know that Dennis, my neighbor is a realtor so I'm assuming he has a real estate license. I know there is one house towards the end of the street that I have been told by my neighbors that they do sell cars. They are very nice cars. They actually enhance our neighborhood. The only other one is about the car repair in the garage? That actually is a mechanic that works as a full time mechanic. Once in a while on weekends, he will repair friends or family vehicles, which he has fixed my car one time but I've never paid him. It was a friendship type thing but it wasn't a business thing. I'm assuming that is what she is talking about. But, I'm not really aware of any business activities. Eugene Crabtree: They referred to the fact that there is some property available. It was accentuated that you had looked into that. Have you looked into that and found it not feasible? Wanda Dinardo: No sir. Tommy Dinardo: May I speak on that? Eugene Crabtree: Yes Tommy. Tommy Dinardo: I just think that she is so creative at what she does. Ed Weeden: Please identify yourself. _ Tommy Dinardo: Right. Tommy Dinardo. I think that what she does is so great. I want her to be able to bring as many people as possible so I've always kind of been on her. She has been in banking. She is very good at what she does. She is very thorough. I've Item #11 Wanda Dinardo Page 13 always been kind of on her about why doesn't she do a commercial daycare. But she wants to keep it personal. She could. She could go out and make Wanda's Wee Care a nice business in Virginia Beach but she feels 'like she will lose LhaL personal Louch wiln the children. I kind of want her to go one way with it. Wanda Dinardo: He is the one who had inquired about it. Tommy Dinardo: Not her. Wanda Dinardo: Right. My 19 -year old son is a freshman in college. When he graduates, I no longer have tuition bills to pay. I would actually like to decrease my business, and make it like four children, maybe three. But I was in banking. I was a branch manager. I know what it is like to manage a business. I would lose that personal touch if I make it bigger. I'll be a manager, and that is not what I'm interested in doing. Eugene Crabtree: You're making me feel old because I know Tommy's father. I just wanted to find out more. Barry Knight: Are there any other questions of Mr. & Mrs. Dinardo? Tommy, you say that you have investigated this other commercial establishment. Mrs. Dinardo, you say you were in banking. We have so many young couples in Virginia Beach now that need child care and they want the personal attention. They can choose to go to somebody like you if they could find somebody like you or they can choose to go some, what I'll call more of a commercial operation. You need to try to keep this affordable then more personal. You've told us about the personal aspect. If you were to go out and rent a place, wouldn't you have to charge the folks more money? Wanda Dinardo: Oh yes. Because there is lot more involved. When I went to the two classes that were required for my state license, once you watch more than twelve children then you're considered a commercial daycare. Excuse the expression but just the bureaucracy and all the paperwork, and all the things that you have to have that would cost a lot more money, that is where the cost becomes more involved. I would be honest and say that when I started my business, I charged a flat rate and I have yet to increase that rate because it is not about the money. Believe me, I could make more money in banking then I could doing my little daycare. It was the pure joy of seeing the parents having the same relief that I had, because when I was in banking, my child did attend daycare. I was very fortunate that Mrs. Dinardo kept him for the first two years. Then after that, we did have to seek other daycare. Like I said, I don't need to do this as a business to make a lot of money. If I wanted to make more money, I could be a big business and do it on a commercial basis. But that is not really my intent. I do try very hard to make my home not look like a daycare. If any of my neighbors have one problem, all they have to do was tell me. Mrs. Pleacher did say that she asked me to have the parents pull up after the second car was hit. The only reason why I did it was because they moved that vehicle. It was never an issue. For two years, that vehicle was gone. In Item #11 Wanda Dinardo Page 14 October, shortly after I applied for this, the vehicle appeared. So, I'm sorry but I feel like it is a little bit more than just a driving issue. Barry Knight: Are there any more questions for Ms. Dinardo? Mr. Horsley? Donald Horsley: I don't have any questions but I would like to make a couple of comments. It appears to me that your supporters are very supportive of all the efforts, and it doesn't look like to me they want to lose this opportunity for their children to stay there. It looks like another one is probably heading in your direction. But, so, I think the crux of this whole thing is if you can instill in them, and I think it has already been done today, they will do this side street parking. It will eliminate this backing out of the driveway regardless of where the other folk's vehicles are. I can understand them too. They don't want people infringing on there half of the street. I don't have a problem with that. I think instilling that and continue to do what you're doing. I see a big need in what you're talking about. The commercial venture, and don't let him talk you into it. Wanda Dinardo: He can actually go out and look at businesses. He just talked to me about it. Donald Horsley: What you're doing is what I think a lot of young people are looking for their children. I applaud you for doing it in the matter that you're doing it in. It appears that you can address these issues. What concerns me more is some of these other issues that have come about on the street. Now, I understand that it is legal to sell one vehicle in your yard for sale as Mr. Macali said at the time but that is it. Staff, maybe we need to check out some of these other proposed businesses. I think Ms. Lasley has been taking notes today. Hopefully, that will alleviate some of these other problems that the folks have brought up. But I applaud you for what your doing. You can guarantee that you will have my support. Wanda Dinardo: Thank you. Barry Knight: Mr. Henley? Al Henley: No question, just comments. I think what you're doing is really a great opportunity for your adjoining neighborhood. I will say this that it takes a very, very special person to run a daycare. Obviously, you have those qualifications. I am sure it is very rewarding for people to look to you for that service. It is rewarding to them. It also a piece of mind to them that their child is being cared for to someone who has those loving accommodations. Wanda Dinardo: Thank you. Barry Knight: Are there any other questions or comments? Okay. Thank you. Item #11 Wanda Dinardo Page 15 Wanda Dinardo: Thank you. Barry Knight: 'I'll C'IOSe t1lC 1JUUIIG llew'lllg portion of this anu III open it up for discussion among the Commissioners. Mr. Bernas? Jay Bernas: I just wanted to make a comment. I've got two young kids and my wife works. Just stressing the need for having quality daycare. I know that we haven't said it enough. I mean I take my kids all the way from Kempsville, all the way to ODU to their child development center. There are 400 people on that waiting list to get in, and somehow I got in so I was lucky. So, I wish there was a Wanda's Wee Care in my neighborhood. Hopefully, we can address some of the neighbor's concerns with some of what some of the other Commissioners had recommended that they not pull into the driveway. Maybe they will take kids whose parents are bad drives or whatever. But, I do think this is something needed in the community. Hopefully, the Zoning Administrator can look into the other businesses on that street that should not be permitted. I'm looking at the zoning activity report and there is nothing on there. Barry Knight: Thank you Mr. Bernas. Mr. Redmond? David Redmond: I have a soon to be six year old myself. I think I have a pretty clear picture of challenges that parents have and finding appropriate daycare facilities. I admire what you do. But I do think there are some legitimate concerns that were expressed. I wasn't terribly comfortable with the notion that you might have asked the parents not to do that. I think you should encourage in very strong terms, as Mr. Crabtree suggested. Make it clear to the parents to drop off their children and that other people's driveways are not turn -a -rounds. I think that would go an awful long way towards alleviating those concerns. For the Pleachers, I would urge you to move the truck, if it is getting hit. I think you have every right to park it wherever you want to park it. Gerri Pleacher: Can I make a comment on that? Barry Knight: No ma'am. We've closed the public hearing session. David Redmond: I do think that I am going to support this. I think it is the Lord's work to provide daycare and so I urge you to keep it up. Good luck. Barry Knight: Thank you. Is there any other discussion? Mr. Crabtree? Eugene Crabtree: Real quick. I want to say that I do not have any children young enough for daycare. My youngest one graduated, I think in the same class with Tommy, if I'm not mistaken. But, I can attest and I want to say that I am going to support this. But if the Dinardo's were doing this with the same quality that they did when they grew up and they were young people when I did know them, they are providing a quality service, and I am going to support them in this application. Item #11 Wanda Dinardo Page 16 Barry Knight: Thank you. Ms. Anderson? Janice Arluerson: Yes i ll. Clflalifman 1 woUlU IlKe to make a motion to approve the application based on all the discussions. I am going to go with the Commissioners' stand on this with the three conditions. Barry Knight: Thank you. Mr. Al Henley has seconded the motion. There is a motion to approve by Jan Anderson and seconded by Al Henley. Is there any other discussion? I'll call for the question. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved the application of Wanda Dinardo. Page 1 of 1 Carolyn Smith From: Matt Husson [mahusson@cox.net] Sent: Wednesday, January 31, 2007 5:21 PM To: Carolyn Smith Cc: weecare@cox.net Subject: Wanda DiNardo Carolyn, We are writing to you giving full support to Wanda DiNardo and her application for a daycare permit at 2424 Peritan Rd. At one time or another, all three of our children have been with "Miss Wanda." Currently, we have a two year old son who is at her facility on .a part time basis. Wanda has never shown anything but love and support for our children when they are in her care. The house and yard are always clean and neat, and she provides hot lunches and snacks on a daily basis. As quality day care options are very limited, It is comforting knowing our children are in good hands while under her supervision. From a busy family with three kids and two working parents, please know that "Wanda's Wee Care" has made our lives much easier, and we support her application 100%. Thank You, Matt & Marni Husson 501 S. Atlantic Ave. Virginia Beach, VA 23451 481-9485 2/7/2007 Page 1 of 1 Carolyn Smith From: Dana Harris [danaharris1@cox.net] Sent: Sunday, February 11, 2007 9:51 PM To: Carolyn Smith Subject: Regarding Wanda's Wee Care Dear Ms. Smith, We would like to take this opportunity to express our full support for the issue of the Conditional Use Permit with the City of Virginia Beach for Wanda Dinardo's Wanda's WeeCare childcare. We currently have our two daughters Payton (5 yrs. old) and Paige (3 1/2 yrs. old) attending Mrs. Dinardo's childcare. They have been well - cared for by Wanda Dinardo for over 2 years now. We could not be any happier with Wanda, the way she operates her childcare, and the physical childcare facility. Having dealt with other sub -standard in-home daycare facilities, it was a blessing finding Wanda Dinardo and her daycare. Our children are thriving in her safe and loving care which allows us.to leave them with her concern -free. In August we are expecting our third child and without her Conditional Use Permit we will not be able to continue using her childcare services. We cannot image the strain that will put on our family, because given our past experiences with other childcare facilities, there is no other place we would leave our children other than with Wanda's WeeCare. Thank you for your time and the city's consideration, Sincerely, CDR and Mrs. Peter Harris 2/12/2007 Page 1 of 1 Carolyn Smith From: Jenny Johnson [beachbums5@cox.net] Sent: Saturday, February 03, 2007 12:46 PM To: Carnlyn Rmith Subject: Wanda's Wee Care Hello, I just wanted to send an email in support of Wanda DiNardo's daycare. My children have been at her home since she opened in 2002, and I have always been happy with Wanda's quality of childcare. As a mother of 3, peace of mind is most important when leaving your children with someone else. Her quality childcare not only was outstanding for the welfare and emotional being of our children, but she has always helped to provide a clean and inviting atmosphere to the children as well. Please support Wanda with permit she needs to continue her quality childcare, there are so few people we can trust these days as parents. Thank you for you time and consideration, Jenny Johnson Jenny Johnson 211 73rd Street Virginia Beach, VA 23451 425-2655 2/5/2007 Page 1 of 1 Carolyn Smith From: Sharlene [gordon30@cox.net] Sent: Friday, February 02, 2007 10:47 AM To: Carolyn Smith Subject: DiNardo daycare I am responding to the registered letter I received this week regarding the request for a day care license across the street from our property. I am OBJECTING to this application for the following reasons. There is increased traffic activity related to dropoff and pickup of children resulting in the vehicles using our driveway as a turnaround. I feel this is also a safety hazard to those who live in the neighborhood. There are at least 4 home business licenses at that side of the street. I fear for the quality of life in this neighborhood becoming something other than residential. The value of our propertie are depreciated as a result of being located across the street from a "daycare". There is one business on the street that sells automobiles with activity related to repair and upkeep on site. There is a resident who repairs automobiles in his garage. We are in a high noise zone related to Oceana flight patterns and feel this could be a safety issue for the children. There is an increase noise factor when the children play outdoors over and above the normal noise related to children that live in the neithborhood. Most of these reasons are a nuisance to the neighborhood with activities over and above those expected and occur five days a week and not on an occasional basis. Sincerely, Sharlene Gordon 2429 Peritan Road Va. Beach VA 23454 757-486-8176 gordon30(a)-acox.net 2/2/2007 Page 1 of 1 Carolyn Smith From: CASEY LANGLEY [Ncn8ty@msn.com] Sent: Tuesday, January 30, 2007 8:27 PM To: Carolyn Smith Cc: weecare@cox.net Subject: Wanda DiNardo's DayCare To Whom It May Concern: This letter is a character reference for Wanda DiNardo and her daycare. Two years ago our daycare provider decided to go to nursing school and stop her daycare business. I was introduced to Wanda and her daycare by word of mouth from her sister in law. I already knew Wanda because she was a patient at the place of business where I work however, I did not know of her daycare until her sister in law informed me when I mentioned I was looking for daycare. I was already assured that her daycare would be good for my children just from knowing Wanda as a person. My son and I interviewed with Wanda at her home and were extremely pleased with how she conducted business and handled the children. Her daycare is a separate entity in her home and she gives all her time to the caring of the children. Since then my son has been there on a daily basis and I have come to appreciate and applaud the care and attention my son gets in her home. Wanda is a caring and loving daycare provider who gives each child the individual attention they need. My son is always happy about going to Wanda's. Not only does Wanda provide the everyday care my son needs she is also giving him the basics he will need when it comes time to move on to preschool. Wanda is very deserving of the conditional use permit she has applied for and she and the parents that use her services would be at a huge disadvantage if her daycare were to close. Sherry S. Langley 5612 Bull Run Court Va Beach, VA 23464 757-479-5422 1/31/2007 Carolyn Smith From: nskipper@cox.net Sent: Sunday, January 28, 2007 10:00 PM To: Carolyn Smith Subject: wanda's daycare Dear Carolyn, Well I just wanted,to drop you a line about Wanda's daycare. she is a fabulous woman that my family loves. I found her through word of mouth and have been with her for a little over a year. She has got a great thing going and my child Levi is very happy. Finding good daycare is few and far between, especially if you watch the news. All you hear is about horror stories, and we feel very blessed. I would prefer to stay home with my son, but this day and age it is nearly impossible. Taking this daycare away would hurt alot of people, especially Wanda, because this is a major source of income to her and her family. Please do all you can, and remember she is molding the kids of the future, thank you for your time, Nikki Zamiskie 1 U1/U9/ZUU'/ TUE 11:Zb PAI /0/49H6,)ll Lawson uompanles January 9, 2007 To: Virginia Beach Planning Commission Municipal Center, Building 2, Room 115 2405 Courthouse Drive Virginia Beach, VA 23456-8040 From: Dennis A. Vrem 2420 Peritan Road Virginia Beach, VA 23454 RE: Conditional Use Permit Application (GPIN 1497981390) of Wanda Dinardo, 2424 Peritan Road, Virginia Beach, VA 23454 This letter is submitted to provide my absolute and unconditional support for Ms. Dinardo's request for a Conditional Use Permit for a home occupation (daycare) on her property. Living directly adjacent to the Dinardo Family for more than 20 years, one could not ask for better neighbors. Operating her daycare for approximately 4 years, I have observed (from a distance) her care and concern for the children to whom she provides her services. I have observed parents who bring their children to her and confidently leave there in her trusted care. Her clients have always been respectful, courteous and pleasant when we have come in contact upon their arrival and departures. Ms. Dinardo provides a necessary service not only to working parents, but to the community as a whole where quality childcare is often hard to find. She is providing her service to help support her family, but the greater recipients are the City of Virginia Beach and the handful of Virginia Beach working taxpayers who trust her with their most precious possessions. As a resident of Virginia Beach, a homeowner in the community of Kenstock, I appeal to you, the Virginia Beach Planning Commission to approve Ms. Dinardo's application request. Not because she deserves it, but because it's the right thing to do. With regards, { Dennis A. Vrem L9J U U1/UU1 Carolyn Smith From: Sent: To: Subject: Hello Ms. Smith, Beverly Malosky [mullusk@cox.net] Tuesday, January 16, 2007 6:55 AM Carolyn Smith Wanda DiNardo My name is Beverly Malosky and I was sending you an e-mail concerning Wanda DiNardo's day care center. I am a parent that was using Wanda's daycare until she was asked to reduce the number of children that she was watching. I work part-time and I needed someone to watch my children a few days a week. My children had a wonderful experience with Wanda's daycare. It was a great comfort knowing that I was leaving my children with someone I knew I could trust and that I knew my children loved being around. Before I found Wanda, I had tried another daycare provider that was state certified'and did not have a good experience with it. My youngest daughter would cry every day when I dropped her off and picked her up. When I started taking her to Wanda's she was a new person. She was excited when she heard Wanda's name and was very happy to go. Unfortunately, I am unable to use Wanda until she is given permission to watch more than five children. I have decided not to try and find any more daycare for my children until Wanda's case has been decided. I definitely think her daycare is the best place for my kids. I am willing to wait! If you have any more questions for me. Feel free to call me at 496-5775. Beverly Malosky 1 Page 1 of 2 Carolyn Smith From: Kristen Bunting [kristenbunting@cox.net] Sent: Sunday, January 28, 2007 2:13 PM To: Carolyn Smith Cc: weecare@cox.net Subject: Wanda.DiNardo's permit Carolyn, am writing regarding Wanda DiNardo's daycare services and her upcoming Conditional Use Permit. wanted to let you know how Wanda has been one of the most important people in our family's life. Our daughter Madeline, or "Maddie" (as we call her) was born prematurely at 26 weeks gestation and due to the numerous medical issues that accompany such a premature birth, she spent 3.5 months in the NICU at The Children's Hospital of the King's Daughters. Maddie came home to us with developmental delays and feeding issues...but a beautiful, happy baby. We lived in the Larchmont neighborhood of Norfolk when this occurred, so when the time came for my husband and 1 to both go back to work, we obviously chose our daycare very carefully. Although the mother and daughter team we chose were highly recommended by their past clients and our pediatrician, this day care was unable to handle Maddie's disabilities. My husband would have to leave work early every day just to get her to take a bottle or eat jarred baby food. When we moved to Virginia Beach, Wanda was recommended to us by our sister-in-law through her MOPS (Mothers of Pre-schoolers) group. She had heard nothing but the highest praise for Wanda's care, so we went to meet Wanda that summer to see if both parties were comfortable to start services for the upcoming fall. Wanda's Wee Care was the answer to this family's prayers. The minute I met Wanda, I knew she was a warm and caring soul. She has eyes that possess laughter in them at all times. The interactions she had with the kids while we were there completely impressed us. We talked about Maddie's disabilities, yet she never faltered when saying she could handle it. We started bringing Maddie to her in August of 2004 and we couldn't be more thrilled with the results. Maddie is now three years old and has turned around and become one of the best eaters in the group! She has made close friendships with the kids at Wanda's and with Wanda herself. She is motivated by Wanda and the other kids and is now progressing on her attempts to walk. The facility is clean, neat, and safe. The children learn about colors, counting, animals, shapes and social skills all while having fun every day. Maddie's therapists are welcome in the home, and the other kids even get involved in her therapy sessions, which motivate her even more. She has absolutely blossomed in Wanda's care. There's nothing greater than knowing your child is being taken care of with warmth, skill and love. Wanda provides that for our family and we are so very lucky to have her in our lives. If Maddie was unable to attend Wanda's Wee care this family and others would be in trouble. My husband works in the public school system and I work at Fort Monroe Army base in Hampton. I know that a couple of the other working Mom's are school teachers right here in the community. Wanda is providing a wonderful service that not only benefits her neighborhood, but benefits the larger community as well. Her home is beautiful and driving by you would not even be able to tell it was a day care. When the kids play in the back yard they are safe within a large fenced in area. When parents come by to drop off and pick up children it occurs at different times and everyone is able to pull right into the driveway. Once again, the amount of good Wanda does for the community is enormous; she is what being a "good neighbor" is all about. For our family's sake and for the "neighborhood" we urge you to grant Wanda's Wee Care her Conditional. Use Permit. Sincerely, Kristen, David and Madeline Bunting 1/29/2007 Page 1 of 1 Carolyn Smith From: Gerri [cannuck@cox.netj Sent: Tuesday, January 23, 2007 8:22 AM To: Carolyn Smith Subject: daycare at 2425 Peritan Road vb. My address is 2425 Peritan Road Va Bch. I live across the road from the Dinardo home . During the past four years that Mrs. Dinardo has been operating her babysitting service, my property has been damaged by traffic exiting her driveway. The first time my truck was hit, the damage cost $563.25 and I had no problem getting paid for the damage. The second was by another mother exiting the driveway( hit and run) and that damage cost $513.29, but this time I had quite a bit of trouble getting her to pay. On the week of December 18 of this year another vehicle(hit and run) damaged the driver side of the truck and I will get that estimate on the 29th of this month. I have security cameras, with coverage of my property and the street, so I know where my problem lies - the Dinardo driveway. This business need to move to a commercial site, where off street parking is on a larger lot. Mr Dinardo has spoken about renting a space in the commercial shops at the entrance to Kenstock. This is an ideal location as it has an open area for play and plenty of parking space for the mothers. I have spoken to many of you, a number of times, and expressed my frustration over this matter. If the planning department allows this permit to be approved, then I will know that the city only measures business concerns and not the concerns of its citizens. I am a retired person and should have to fight to keep Kenstock only residential. God only knows that Virginia Beach has a gluten of business rental sites, so keeping things commercial should not be a problem. I would like to draw your attention to Article 2. General requirements applicable to all districts - Page 32 - Sec 234 Home occupations - column (d) I truly believe that having my truck hit three times constitutes as a great nuisance. I have found out that a number of other Virginia Beach area neighborhoods are having the same problem as mine, so I plan to get them together to contact their local and state officials and voice their concerns. " If you see an unjust act and do nothing about it, then the unjust act is yours." Mrs. Gerri Pleacher 340-1089 1/29/2007 1, the undersigned person, am aware that Wanda DiNardo operates a home daycare (childcare) in my neighborhood (Kenstock) and am not opposed to her obtaining a conditional use permit to continue to operate her home daycare as it always has been operated. (Currently seven children. No more than a total maximum of nine children.) 1. 2. 3. Printed Name i Lk�z �z SG 5. 6. Ea h 5 7. UI-gnV s. KI I t -r 1� 9. r5ra� 10. S kVV:yL 1..-2,v1 ne, 11. i w.,e.. L&,C.►-* 12. i- [A. Al. c 1L,' � 14. g OOV 15. ��Avt t�.� �Aw�• � 17. Sar y. 14tH 91L&N 1s. To) 19. 20. mAl_ 21. 22 GAPMIr" t'✓fePt�� 23. a ��o� i>24. �7 r t f-4 - 25. trrf. L t' IZOY 2 2 6 30 Street Address U --A" , _ Zz- "PA Ina „ 6-5 GreaterMm Not to Scale Re7/ •i Now Q.714 ©�0r�!„ •�• '' ���. � ' � . i • '"viii ,�,'��i �0111 all � AM ,+r �+�',•- _.moi•. � .�.1�� .�.,. CUP for Church � Nu Bic CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Greater Refuge Outreach Mission for a Conditional Use Permit for a church on property located at 6113 Indian River Road (GPIN 1456431518). DISTRICT 1 — CENTERVILLE MEETING DATE: March 13, 2007 ■ Background: The applicant requests a Conditional Use Permit to allow a church in one of the units of a strip of retail shops. A doctor's office occupies two of the three units within the building, and the proposed church will be located within the last unit. The hours for the Doctor's office are 9:00 a.m. to 5:30 p.m., Monday thru Friday, and Saturday from 9:00 a.m. to 1:00 p.m. Eighteen (18) parking spaces are located on the property. The church is already occupying the space, as the church was initially unaware of the requirement for a Conditional Use Permit. ■ Considerations: The church has services on Wednesdays from 7:30 p.m. to 9:00 p.m., and on Sundays starting at 9:45 a.m. An additional service is planned in the future on Fridays from 7:00 p.m. until 9:00 p.m. Ten (10) to fifteen (15) individuals currently attend services. The proposal for a church is compatible with the other uses within the building and will not negatively impact neighboring properties. Staff concludes sufficient parking is available to accommodate the churches ten (10) to fifteen (15) members and other tenants of the center, as the hours of operation among the uses differ. The Planning Commission placed this item on the consent agenda, because the commission concluded the use is complementary to the others in the center, there was no objection, and staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: 1. The number of individuals attending a service shall not exceed 90 or the number established by the City's Fire Marshall, with the lower number of the two being the maximum. 2. The applicant shall not use the space within the building for church purposes until all requirements of the Zoning Ordinance and the relevant Building Code Greater Refuge Outreach Mission Page 2of2 provisions pertaining to a church have been satisfied and a Certificate of Occupancy for use of the space as a church has been obtained from the Department of Planning / Permits and Inspections Division. ■ 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: V, �W'1.. GREATER REFUGE OUTREACH MISSION Agenda Item 4 February 14, 2007 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for a church in a retail strip. ADDRESS / DESCRIPTION: 6113 Indian River Road. GPIN: 1456431518 COUNCIL ELECTION DISTRICT: SITE SIZE: 1 - CENTERVILLE 10,672 square feet The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST church in one of the units within a strip of retail shops. The church has services on Wednesdays from 7:30 p.m. until 9:00 p.m., and on Sundays starting at 9:45 a.m. An additional service is planned in the future on Fridays from 7:00 p.m. until 9:00 p.m. The church is already occupying the space, as the church was initially unaware of the requirement for a Conditional Use Permit. Ten (10) to fifteen (15) individuals currently attend services. A doctor's office occupies two of the three units within the building, and the proposed church will be located within the last unit. The hours for the Doctor's office are 9:00 a.m. until 5:30 p.m., Monday thru Friday, and Saturday from 9:00 a.m. until 1:00 p.m. Eighteen (18) parking spaces are located on the property. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Commercial center SURROUNDING LAND North: . Multi -family homes /A-18 Apartment District USE AND ZONING: South: . Vacant land / B-2 Community Business District East: . Automobile sales / B-2 Community Business District West: 0 Restaurant/ B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known cultural or historic features on the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road is a six -lane divided major urban arterial. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River 35,456 ADT r,26,300 ADT (Maximum 9 ADT (weekday) Road Level of Service "C") — 37 ADT (Sunday) 42,100 ADT' (Maximum Level of Service "D") / capacity Average uany i nps s as defined by church WATER: This site has an existing 1 -inch water meter (Meter 95012253), which may be used or upgraded. There is an existing City transmission main along Indian River Road. There are existing 12 -inch and 6 -inch City water mains along the intersection of Indian River Road and Sunnyside Drive. There is an existing 8 -inch City force main along Indian River Road. SEWER: This site currently connects to City sanitary sewer. Analysis of Pump Station 411 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing 8 -inch City sanitary sewer gravity main along Old Providence Road. FIRE: To be occupied as a place of assembly, additional Building Code requirements must be met in regard to fire protection, tenant separation and the means of egress. A certificate of occupancy mustl be obtained from the "Building Official." EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. building. Staff concludes sufficient parking is available to accommodate the churches ten (10) to fifteen (15) members and other tenants of the shopping center. Staff recommends approval of this request of a Conditional Use Permit for a church with the recommended conditions provided below. CONDITIONS 1. The number of individuals attending a service shall not exceed 90 or the number established by the City's Fire Marshall, with the lower number of the two being the maximum. 2. The applicant shall not use the space within the building for church purposes until all requirements of the Zoning Ordinance and the relevant Building Code provisions pertaining to a church have been satisfied and a Certificate of Occupancy for use of the space as a church has been obtained from the Department of Planning / Permits and Inspections Division. 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 a m Vv IN ///� /✓ \ L� i � v \ vA w w Fr Proposed Church Location ,x x lOA m a- Uorp�l fl a r4 } K� • ; ' ' i c��ws v« 1.4 0 0 :tea X C Proposed Church Location ,x x m a- fl a } t v« 1.4 0 0 :tea X 1 Proposed Church Location # 1 DATE 4/27/93 REQUEST Conditional Use Permit Motor Vehicle Sales ACTION Granted 2 8/11/98 Conditional Use Permit Automobile Repair) Granted 3 10/10/00 Conditional Use Permit Church Granted 4 4/14/98 1/27/98 Conditional Use Permit (Small Engine Repair) Conditional Use Permit Church & Related Facilities Granted Granted 5 8/25/92 Conditional Use Permit Church Granted 6 9/23/03 Conditional Use Permit Church Granted ZONING HISTORY GREATER REFUGE OUTR N0llV3FIddV IMHd SSR 1VNOI1dWI0Y z w 2 w N W N 0 U U% 8 @ O O m m @m O ,A yO V N N C @❑mm�dQ @ =O@m O 7 d o U N C @ N u @ a L E .�m cL 1.9 c. L N wL 'aL m N D E �. •� .c 'O r � a@ s s E o r O O_ � O o 0 L O L9 W C^ r O C O E 3 c �RyZ@ C d @ G o a m v m �Efp L@mo y;m= - uw a c c aci T m 2 E h R E O' 0 @ C @ O y C-. @ @ 22 m E p gc O. fa L "' O � L d c G m` m� Jr D m U O L O p-',E, E fi C O N O L m m ZU�N N@ @ C j cm o Li m c Lo� ° 2- W o U `°w o N T v m� v w o to oc m 4. ' `o q m U m V d o @ y �_ mE� o- m@ w@ C O o y o ^S o `o JOD a vE s� @ m o'er @ U V o tn� d c m W GaLo�i y �c 26 sww D» EL W i@ O T d m m z� rt N= p 2 0 C m D � 3 c c •c . ac a N c d O Ho a0 m= Lm Oonmm d acm^...%P 3- C¢ Zia Ko,'o�o N W CL c p,3 Q o pZ W 1 I tca N pE�° 0_4dU C CD @mm` �. R Lr- `-'o a�oo D " v1 m=� _c` L o ma m N N m 43W ppm U m C `' y d y L @ W C C O` w O' O I m wD 2 m.� � d Tic � cram ss C@ y ~+ m U S D L C m N do. D N L @ L 2 El d U N10 = O avw i U a 7 O m m @m ,A yO V IDv ID I 4111 @❑mm�dQ @ =O@m 3 m`nm O .O C@ c@ NL - y@ N u .�m cL 1.9 c. 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Cp d�- T O V D ea N a m L Tv D U y m E N.m U m V o- m@ w@ C O i@ i a ^S @ G m < m O N m o m L O^ N o �mvim < o o � aE@� 4 �'�pw wC.-m9miri @ U V wLmw� O d C N CEJ ._ m o@ O cO1 sww v°c dooEc��mrdDU N IDv ID I 4111 �J 2 16 L m a U 1 Z.,y Z 'O r Z �- i a o r O O_ O o 0 } C d @ G o a m v m T a .t isaW 1� gc Y�'y cTc 1 v U O L O @ J w aG "O N O C V m z 3c 5 �O u Li E �- J _ ap 2- W o U gm uo«�r►aa�,tn�aa asn JVNojjj(No3 DISCLOSURE GREATER REFUGE Item #4 Greater Refuge Outreach Mission Conditional Use Permit 6113 Iridian River Road District 1 Centerville February 14, 2007 CONSENT Janice Anderson: The next item is agenda item #4. That is the application of Greater Refuge Outreach Mission. It is for a Conditional Use Permit for a church located on property at 6113 Indian River Road in the Centerville District. Welcome Reverend. Pastor Vincent Geter: Good afternoon. Janice Anderson: We have placed it on the consent agenda with two conditions. Have you reviewed those conditions? Pastor Vincent Geter: Yes. Janice Anderson: And they are acceptable? Pastor Vincent Geter: Yes. Janice Anderson: Okay. Thank you. Could you please state your name again for the record? Pastor Vincent Geter: Pastor Vincent C. Geter. Janice Anderson: Thank you Mr. Geter. Is there any objection to this matter being placed on the consent agenda? Thank you Pastor. Gene Crabtree will review this application for us. Eugene Crabtree: This is an application for a Conditional Use Permit for a church in one of the units in a strip mall retail shop. The other units in the strip are used by a doctor's office. There will be no conflict between the hours of the church and the hours of operation for the doctor's office whatsoever. There is no objection by any of the neighbors or anyone like that for the church to be in this area. It is outside the AICUZ zone so there is no problem with noise in the area or density is concerned. There is no negative impact on the neighborhood. As the conditions say the membership of this is not going to exceed 90 people, and we feel like it will handle that; so, therefore we put it on the consent agenda. Item #4 Greater Refuge Outreach Mission Page 2 Janice Anderson: Thank you Gene. Mr. Chairman, I do have a motion to approve the following item on the consent agenda. It is agenda item 4. 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 Jan Anderson and seconded by Gene Crabtree. Is there any discussion? I'll call for the question. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLRY AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 4 for consent. L. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION HEALTH SERVICES ADVISORY BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE- PPEA M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY OF VIRGINIA BEACH CITY MANAGER'S BRIEFINGS: SUMMARY OF COUNCIL ACTIONS - Conference Room - O DATE: March 6, 2007 M B Mike Eason, Resort D C E E D H C R PAGE: i S I E J L N T E D N 0 A D AGENDA E Z Y L N N 0 ITEM # SUBJECT MOTION VOTE p E E E E A R H L R Y S N F W W I -A CITY MANAGER'S BRIEFINGS: - Conference Room - NEWHRNM ORDINANCE Mike Eason, Resort Programs Administr Convention and Visi Bureau B TRANSPORTATION FUNDING Charles Meyer, Chi Operating Officer C COMPENSATION—Market Salary Survey Fagan Stackhouse, Director– Human Resources D-1 BUDGET EXECUTION REPORTS Fire Department Chief Gregory Cade 2 Housing and Neighborhood Preservation Andrew Friedman, Director 3 Real Estate Assessor Jerald Bana an II/III/IV CERTIFICATION OF CLOSED SESSION CERTIFIED 94 Y A Y Y Y Y Y Y A Y Y I -E F MINUTES–February 27, 2007 APPROVED 94 Y A Y Y Y Y Y A Y Y G/H-I PRESENTATION REAL ESTATE ASSESSOR'S ANNUAL UPOR Jerald Banagan, Rea Estate Assessor I PUBLIC HEARING VERIZON VIRGINIA, INC. FRANCHISE Nospeakers J/K-1 Ordinance to AUTHORIZE reimbursement of ADOPTED BY9 Y A Y Y Y Y Y Y A Y Y employee's legal fees/expenses incurred in success CONSENT defense of charge arising from discharge of official duties 2 Ordinance to ESTABLISH "Playgrounds on the Beach" at I e and 31° Streets/APPROPRIATE $30,000 from Va. Beach HoteIMotel ADOPTED BY CONSENT 9 Y A Y Y Y Y Y Y A Y Y Assoc/TRANSFER $70,000 from TGIF for construction of playgrounds 3 Ordinance to APPROPRIATE $894,281 in Touris Advertising to Convention and Visitors Bureau for advertisin /marketin ADOPTED BY CONSENT 9 Y A Y Y Y Y Y Y A Y Y CITY OF VIRGINIA BEACH APPOINTMENTS SUMMARY OF COUNCIL ACTIONS BEACHES AND WATERWAYS RESCHEDULED COMMISSION V 0 I INVESTMENT PARTNERSHIP DATE: March 6, 2007 M B L D C E L E D M/N/0 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 O 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 L APPOINTMENTS BEACHES AND WATERWAYS RESCHEDULED COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE— PPEA M/N/0 ADJOURNED 6:32 PM PUBLIC COMMENTS No speakers Non -Agenda Items 6:33-7:10 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) 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