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Home My WebLink AboutJUNE 5, 2007 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WilliAM R. DeSTEPH, At-Large HARRY E. DlEZEL, Kempsville - District 2 ROBERT M. DYER" Centervil/e - District 1 BARBARA M. HENLEY. Princess Anne - District 7 REBA S. McCLANAN. Rose Hall - District 3 JOHN E. UHRIN. Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON. At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESUE L. ULLEY CITY CLERK - RUTH HODGES FRASER. MMC 5 JUNE 2007 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM A. REGIONAL SANITARY SEWER CONSENT ORDER Tom Leahy, Director, Department of Utilities B. TRANSITION AREA FINANCING Catheryn Whitesell, Director, Department of Management Services II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V1. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS May 22, 2007 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. VOTING PRECINCTS Adding, Changing Locations and Boundary Lines 1. CONSENT AGENDA J. ORDINANCESIRESOLUTIONS 1. Ordinances to AMEND and REORDAIN the City Code: a. S 1 0-1 re ADDING six (6) Voting Precincts, moving two (2) polling locations and changing one boundary line b. S2-413 re ALLOWING City Council up to fourteen (14) days to confirm a Local Emergency Declaration by the City Manager 2. Ordinance to APPROPRIATE $596,077 in additional Community Development Block Grant (CDBG) and HOME Program income to the Department of Housing and Neighborhood Preservation's budget to be used for additional grants 3. Ordinance to AUTHORIZE reimbursement by the Sheriff of$1500 in legal expenses to a Deputy which were incurred in the performance of his duty 4. Ordinance to APPROVE, in accordance 'with Virginia Code S33.1-371.1, a Vegetation Control Permit to Edwin B. Lindsley, Jr., at Virginia Beach Boulevard and Rosemont Road 5. Resolution to ADOPT the Ten-Year Plan to End Homelessness and submit it to HUD and the Interagency Council on Homelessness 6. Resolutions to REFER to the Planning Commission, for recommendation, AMENDMENTS to the City Zoning Ordinance (CZO) re Workforce Housing: a. SS 1 02 and 900 and ADD a new Article 20 to establish the Overlay District and requirements therefore b. Comprehensive Plan incorporating the Program Principles 7. Resolution to EXTEND, through September 25,2007, the term of the Green Ribbon Committee on water quality improvement K. PLANNING 1. Application of KINGS GRANT CITGO, for Modification of Conditions to allow two (2) additional drive-through service bays (approved on April 24, 1989 and deferred indefinitely April 1 0, 2007) (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROVAL L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BA YFRONT ADVISORY COMMITTEE BEACHES and W A TERW A YS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BLUE RIBBON TAX, FEE, AND SPENDING TASK FORCE HAMPTON ROADS PLANNING DISTRICT COMMISSION - HRPD OPEN SPACE ADVISORY COMMITTEE SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. City Council Summer Schedule O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** CITYWIDE TOWN MEETINGS September 18 Virginia Beach Convention Center -7:15 pm Shaping our Community and Ourselves to Protect our Waterways Time and Location to be Announced FY 2008-2010 Budget Green Run Homeowners Association Building -7:15 pm SrormwarerPwnsandFunmng June 19 November 20 ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 6/5/07/st www.vbgov.com 1. CITY MANAGER'S BRIEFINGS - Conference Room - 2:30 PM A. REGIONAL SANITARY SEWER CONSENT ORDER Tom Leahy, Director, Department of Utilities B. TRANSITION AREA FINANCING Catheryn Whitesell, Director, Department of Management Services II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ~ V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:30 PM V1. FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Obemdorf 6:00 PM B. INVOCATION: C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS May 22, 2007 G. AGENDA FOR FORMAL SESSION .rsnluttnu 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. VOTING PRECINCTS Adding, Changing Locations and Boundary Lines PUBLIC HEARING ADDING NEW VOTING PRECINCTS CHANGING POLLING LOCATIONS AND BOUNDARY LINES RESULTING FROM POPULATION INCREASES CITY OF VIRGINIA BEACH The City Council of Virginia Beach. Virginia at its formal session on June 5, 2007 at 6:00 P.M., will consider an ordinance to make changes to the boundary lines and/or polling locations for the Bonney, Windsor Oaks, Brandon, Centerville, Ocean Park, Larkspur, Kingston, Baker, London Bridge, Plaza and Tallwood Precincts. The ordinance proposes that the Bonney Precinct polling place be moved from Cen- ter for Effective Learning at 233 N. Witchduck Road to Virginia Beach Free Will Bap- tist Church at 210 S. Witchduck Road; the Windsor Oaks Precinct polling place be temporarily moved from Windsor Oaks Elementary School at 3800 Van Buren Drive to St. Francis Episcopal Church at 509 S. Rosemont Road; the Brandon and Centerville Precincts be divided forming a new Lake Christopher Precinct and placing voters in the new polling location at New Covenant Presbyterian Church at 1552 Kempsville Road; the Ocean Park Precinct be divided forming a new Lake Joyce Precinct and plac- Ing voters in the new polling location at Moming Star Baptist Church at 4780 First Court Road; the Larkspur Precinct be divided forming a new Lexington Precinct and placing voters in the flew polling location at Kempsville Church of God at 4422 Prin- cess Anne Road: the Kingston Precinct be divided forming a new Little Neck Precinct and placing voters in the new polling location at Lynnhaven United Methodist Church at 1033 Little Neck Road; the Baker Precinct be divided forming a new Newtown Pre- cinct and placing voters in the new polling location at Good Samaritan Episcopal Church at 848 Baker Road; the London Bridge and Plaza Precincts be divided forming a new Pinewood Precinct and placing voters in the new polling location at Lynnhaven Presbyterian Church at 136 S. Lynnhaven Road; the boundary line of Tallwood Pre- cinct be changed moving voters to the Brandon Precinct. After adoption by City Council, these changes will become effective follOWing ,1pproval by the United States Department of Justice, pursuant to the Voting Rights Act of 1965, as amended. Descriptions and maps of the precinct boundaries and polling place changes, as well as a copy of the aforesaid ordinance, may be inspected In the Voter Registrar's Office, Wllich is located at 2449 Princess Anne Road, Munici- pal Center, Budding 14, Virginia Beach, Virginia, 23456. The Pllblic Hearing will be conducted in the City Council Chamber of the Administra- tiOn Building (Building #1) at the Municipal Center. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call: TOO only 711 (TOO - Telephonic Device for the Deaf). Cf.~~ / Ruth Hodges Fraser, MMC Cit', Clerk Beacon May 27 & June J, LUV I 17058744 1. ORDINANCESIRESOLUTIONS 1. Ordinances to AMEND and REORDAIN the City Code: a. S 1 0-1 re ADDING six (6) Voting Precincts, moving two (2) polling locations and changing one boundary line b. S2-413 re ALLOWING City Council up to fourteen (14) days to confirm a Local Emergency Declaration by the City Manager 2. Ordinance to APPROPRIATE $596,077 in additional Community Development Block Grant (CDBG) and HOME Program income to the Department of Housing and Neighborhood Preservation's budget to be used for additional grants 3. Ordinance to AUTHORIZE reimbursement by the Sheriff of $1500 in legal expenses to a Deputy which were incurred in the performance of his duty 4. Ordinance to APPROVE, in accordance with Virginia Code S33.1-371.1, a Vegetation Control Permit to Edwin B. Lindsley, Jr., at Virginia Beach Boulevard and Rosemont Road 5. Resolution to ADOPT the Ten-Year Plan to End Homelessness and submit it to HUD and the Interagency Council on Homelessness 6. Resolutions to REFER to the Planning Commission, for recommendation, AMENDMENTS to the City Zoning Ordinance (CZO) re Workforce Housing: a. SS 1 02 and 900 and ADD a new Article 20 to establish the Overlay District and requirements therefore b. Comprehensive Plan incorporating the Program Principles 7. Resolution to extend the term ofthe Green Ribbon Committee on water quality improvement through September 25,2007 ~~~ .t:"\~~7~ ("~~~""~'i""""""V' is t, "'-:"~~::' t~, (u:::...>>> i.(~~- - - ".l.11 ~4~~~...VJ \..~.;:;..:..~f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend and Reordain Section 10-1 of the City Code by Adding Six Precincts, Moving Two Polling Locations and Making One Boundary Line Change MEETING DATE: June 5, 2007 . Background: The Virginia Beach Electoral Board voted on March 6, 2007 and May 8, 2007 to create six new precincts, move two polling locations, and make one boundary line change. Growth and development in the City along with DMV voter registration opportunities have increased the size of the Brandon, Tallwood, Centerville, Ocean Park, Kingston, Baker, Plaza and London Bridge Precincts near the precinct limit set by law and they necessarily need to be split along with boundary line changes. As a result, Lake Christopher, Lake Joyce, Lexington, Little Neck, Newtown and Pi.newood Precincts will be created. The polling location change for the Bonney Precinct is due to construction at Center For Effective Learning and the temporary polling location change for the Windsor Oaks Precinct is due to construction at Windsor Oaks Elementary School. . Considerations: All of the locations in this list do meet requirements of the Americans with Disabilities Act. These changes will become effective upon approval by the U.S. Department of Justice pursuant to the Voting Rights Act of 1965, as amended beginning with the November 6, 2007 General Election. . Public Information: As required by Section 24.2-306 of the Code of Virginia notice of this proposed change was published in the newspaper once a week for two consecutive weeks. All voters in the precinct will receive new voter cards with the name and address of the new polling location. An advertisement will be placed in the newspaper prior to the General Election to be held November 6, 2007. . Attachments: Ordinance, summary and maps depicting changes. Recommended Action: Adoption Submitting Department/Agency: Edith M. "Pat" Harrington, Voter Registra~ City Manager: ~~ l , 1\'), Nl<t , , '-\) \..; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND AND REORDAIN SECTION 10- 1 OF THE CITY CODE BY ADDING SIX PRECINCTS, MOVING TWO POLLING LOCATIONS AND MAKING ONE BOUNDARY LINE CHANGE SECTION AMENDED: S 10-1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIABEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and reordained, to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Polling Place Alanton Elementary School Kemps Landing Magnet School Arrowhead Elementary School Avalon Church of Christ Ebenezer Baptist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Center for Effective Learning Virqinia Beach Free Will Baptist Church Brandon Middle School Bow Creek Recreation Center Holy Spirit Catholic Church Research and Enlightenment Building (Edgar Cayce Library) Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Corporate Landing Middle School Courthouse Fire Station Creeds Fire Station Salem United Methodist Church Ocean Lakes High School 1 Alanton Aragona Arrowhead Avalon Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Cape Henry Capps Shop Centerville Chesapeake Beach College Park Colonial Colony Corporate Landing Courthouse Creeds Cromwell Culver 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Dahlia Davis Corner Eastern Shore Edinburgh Edwin Fairfield Foxfire Glenwood Great Neck Green Run Haygood Hillcrest Precinct Holland Homestead Hunt Indian Lakes Kings Grant Kingston Lake Christopher Lake Joyce Lake Smith Landstown Larkspur Lexinqton Linkhorn Little Neck London Bridge Lynnhaven Magic Hollow Malibu Manor Mt. Trashmore Newtown North Beach North Landing Ocean Lakes Ocean Park Oceana Old Donation Pembroke Pinewood Plaza Pleasant Hall Point O'View Red Wing Reon Green Run High School Bettie F. Williams Elementary School Eastern Shore Chapel St. Aidan's Episcopal Church Kempsville Recreation Center Kempsville Presbyterian Church Princess Anne Middle School Glenwood Elementary School All Saints Episcopal Church Green Run Elementary School Haygood United Methodist Church Victory Baptist Church Holland Elementary School Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School St. Nicholas Catholic Church King's Grant Presbyterian Church New Convenant Presbyterian Church Morninq Star Baptist Church Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Kempsville Church of God Virginia Beach Community Chapel Lynnhaven United Methodist Church London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Providence Elementary School Windsor Woods Elementary School Good Samaritan Episcopal Church Galilee Episcopal Church Hope Haven Ocean Lakes Elementary School Bayside Community Recreation Center Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Presbyterian Church Lynnhaven Elementary School Kempsville Baptist Church Pleasant Hall Annex Kempsville Church of Christ Fraternal Order of Police, Lodge #8 Woodstock Elementary School 2 Witchduck Wolfsnare Central Absentee Voter Precinct Salem Elementary School Rosemont Forest Elementary School Salem High School Virginia Beach Volunteer Rescue Squad Building Mount Olive Baptist Church Church of the Ascension Christopher Farms Elementary School Unity Church of Tidewater Shelton Park Elementary St. Matthews Catholic Church Red Mill Elementary School Contemporary Art Center of Virginia Community United Methodist Church Strawbridge Elementary School Tallwood Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Three Oaks Elementary School Thalia Lynn Baptist Church '.^lindsor Oaks Elementary School St. Francis Episcopal Church Bayside Presbyterian Church Virginia Beach Christian Life Center AgricultureNoter Registrar Building 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 Rock Lake Rosemont Forest Roundhill Rudee Seatack Shannon Shelburne Shell Shelton Park Sherry Park Sigma South Beach Stratford Chase Strawbridge T allwood Thalia Thoroughgood Timberlake Trantwood Upton Village Windsor Oaks 120 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 121 BEACH, VIRGINIA: 122 123 That the boundaries of the Lake Christopher Precinct shall be as set forth in the 124 attached map labeled, "Map 1, Brandon and Centerville Precincts Split: New Precinct 125 Name - Lake Christopher"; the boundaries of the Lake Joyce Precinct shall be as set forth 126 in the attached map labeled, "Map 2, Ocean Park Precinct Split: New Precinct Name - 127 Lake Joyce"; the boundaries of the Lexington Precinct shall be as set forth in the attached 128 map labeled, "Map 3, Larkspur Precinct Split: New Precinct Name - Lexington"; the 129 boundaries of the Little Neck Precinct shall be as set forth in the attached map labeled, 130 "Map 4, Kingston Precinct Split: New Precinct Name - Little Neck"; the boundaries of the 131 Newtown Precinct shall be as set forth in the attached map labeled, "Map 5, Baker Precinct 132 Split: New Precinct Name - Newtown": and the Pinewood Precinct shall be as set forth in 133 the attached map labeled, "Map 6, London Bridge and Plaza Precincts Split: New Precinct 134 Name - Pinewood"; 135 136 That the boundaries of the Bonney Precinct location change shall be as set forth in 137 the attached map labeled, "Map 7, Bonney Polling Location Change: New Polling Location 3 138 Virginia Beach Free Will Baptist Church"; and the boundaries of the Windsor Oaks Precinct 139 location change shall be as set forth in the attached map labeled, "Map 8, Windsor Oaks 140 Polling Location Change: Temporary Polling Location - St. Francis Episcopal Church"; and 141 142 That the boundaries of the Brandon and Tallwood Precinct boundary line change 143 shall be as setforth in the attached map labeled, "Map 9, Brandon and Tallwood Precincts: 144 Boundary Line Change." 145 146 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 147 day of ,2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4;;rJ)tLC)~h- Voter Registrar C~~ffir CA 10262 R-2 May 22, 2007 4 ~ii":"\ ,r~'~~~7~ ,'s~'.<"l<". """,.~'.fJ (~.. ,;v'. "r.',"', ~...-:' "."",,:- -,. ~'t.> ~~.\~-,}}j t~:~~..~f.:~~:t '_".;.-:.<::.,::;::.~..r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-413 of the City Code Pertaining to Declaration of Emergencies MEETING DATE: June 5, 2007 . Background: Virginia Code S 44-146.21 (Declaration of Local Emergency) provides that a city's director of emergency management may declare a local emergency with the consent of City Council. City Code S 2-411 provides that the City Manager is the City's director of emergency management. If City Council is unable to convene and provide its consent at the time of the declaration due to the disaster or other exigent circumstances, state law allows City Council to confirm the declaration at its next regularly scheduled meeting or at a special meeting within fourteen days of the declaration, whichever occurs first. City Code S 2-413 (Declaration of Emergencies) currently requires that the special meeting to confirm the declaration be held within five days of the declaration. . Considerations: This amendment will give Council the maximum amount of time permitted by state law to confirm a declaration of a local emergency. Instead of having to confirm the declaration within five days, Council will be required to confirm the declaration at its next regular meeting, or at a special meeting within fourteen days of the declaration, whichever occurs first. . Public Information: This Ordinance will be advertised in the same manner as other agenda items. . Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Fire Department/Emergency Services Office City Manager~ \L I G6~ 1 AN ORDINANCE TO AMEND SECTION 2-413 2 OF THE CITY CODE PERTAINING TO 3 DECLARATION OF EMERGENCIES 4 5 SECTION AMENDED: S 2-413 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-413 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 2-413. Declaration of emergencies. 14 15 A local emergency may be declared by the director of emergency management, 16 with the consent of the council. In the event the council cannot convene due to the 17 disaster, the director or any member of the council, in the absence of the director, may 18 declare the existence of a local disaster subject to confirmation by the council at a 19 speci31 meoting '::ithin five (5) d3Ys of the decl::lr3tion its next reaularlv scheduled 20 meetina or at a special meetinq within fourteen days of the declaration. whichever 21 occurs first. The council, when in its judgment all emergency actions have been taken, 22 shall take appropriate action to end the declared emergency. 23 24 COMMENT 25 26 This amendment will give Council more time, if needed, to confirm the declaration of a local 27 emergency. Currently, Council must confirm the declaration at a special meeting within 5 days of 28 the declaration. This amendment will allow Council to confirm the declaration at its next regular 29 meeting, or at a special meeting within fourteen days of the declaration, whichever occurs first. Adopted by the City Council of the City of Virginia Beach, Virginia, on this - day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~-, CA 10335 R-4 May 23, 2007 "~i;""",, f\:"~1'''' ....;t~ 1'O.f.'~'~'~*:t:-." (~;":"'---; -:'~,'''\~) ~':i~:: - ~~.~ ~~;.:;~:' - _~~~~il ~,7"~,..;;y -..~.... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $596,077 in Additional Community Development Block Grant (CDBG) and HOME Program Income to the Department of Housing and Neighborhood Preservation's FY 2007-08 Operating Budget MEETING DATE: June 5, 2007 . Background: The Department of Housing and Neighborhood Preservation makes loans and grants to low-income homeowners to assist in rehabilitation of housing and to first-time homebuyers to make home buying more affordable. Each year, the department estimates the amount of income to be received from loan payments and payoffs. In the current year, revenue has significantly exceeded the estimate by $479,869 for HOME funds and $116,208 for CDBG funds, for a total of $596,077. . Considerations: This revenue is called "program income" under federal regulation and must be used for a purRose eligible under the program that provided the funds. Revenue exceeding estimates is considered to be one-time funding and should not be utilized for ongoing expenses. Therefore, the department proposes to utilize the revenue for grants to non-profit organizations and to increase funds available for first- time homebuyers and homeowners seeking rehabilitation funding, as detailed in the attached list. . Public Information: Public information will be handled through the normal Council agenda process. . Alternatives: Without action to appropriate the funding, the funds cannot be utilized. Alternative uses of the funds are possible, but the department's proposed use closely aligns with the adopted budget and the department believes it is the most appropriate usage. . Attachments: Ordinance; list of proposed uses for funding. Recommended Action: Approval <( 1 ! j /ywiL- Submitting Department/Agency: HoL$i g ~nd Neighborhood Preservation City Manager: ~~ t~ 1 AN ORDINANCE TO APPROPRIATE $596,077 2 IN ADDITIONAL COMMUNITY DEVELOPMENT 3 BLOCK GRANT (CDBG) AND HOME 4 PROGRAM INCOME TO THE DEPARTMENT 5 OF HOUSING AND NEIGHBORHOOD 6 PRESERVATION'S FY 2007-08 OPERATING 7 BUDGET 8 WHEREAS, more program revenue will be realized in the Department of 9 Housing and Neighborhood Preservation's CDBG and HOME Programs than 10 expected due to higher than estimated repayment of loans because of home re-sales 11 and re-financings. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 (1) That $116,208 from CDBG program income is hereby appropriated to the 17 Department of Housing and Neighborhood Preservation's FY 2007-08 Operating 18 Budget to provide additional grants to homeowners for home rehabilitation for facades 19 and home repair, with estimated revenue from program income increased 20 accordingly. 21 22 (2) That $479,869 from HOME program income is hereby appropriated to the 23 Department of Housing and Neighborhood Preservation's FY 2007-08 Operating 24 Budget to provide additional grants to non-profit organizations, and to increase 25 funding for rental security deposit assistance and to first-time home buyers, with 26 estimated revenue from program income increased accordingly. 27 28 Adopted by the City Council of the City of Virginia Beach, Virginia on this 29 day of June, 2007. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~~ ~ ~r6d~(f7.v J\.\..-"'drJfll ~~-r;,--- Management Services City Attorney's Office 6-- CA 10405 R-2 May 23, 2007 Attachment to Agenda Request to Appropriate Excess CDBG and HOME Program Income Proposed Uses of HOME Funds Purpose/Organization Amount of New HOME Funds Habitat for Humanity/Construction of $150,000 Homes on Zurich Arch Judeo Christian Outreach- New Construction: West $100,000 Lane Multi Family Judeo Christian Outreach- $29,869 Acquisition / Rehab First Time Homebuyer $150,000 Assistance Rental Security Deposit $50,000 Assistance Total New HOME Funds $479,869 to Approvriate Proposed Use ofCDBG Funds Purpose/Organization Amount of New CDBG Funds Homeowner Rehabilitation $58,000 - Fa~ade Program Homeowner Rehabilitation $58,208 - Home Repair Program Total New CDBG Funds $116,208 to Avvrovriate , r~ii~~ ~"'~"1~-t~ ,,'p,{4Ji;:.. ~. .""./d) :ff:':'~:Y- \';> (u...- ,">> ~~~~. :',- ,~~~i} ~4(t~..~ ~~ ~ __';~O~:r "'" ~ ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM ~ An Ordinance Authorizing the Reimbursement of Legal Fees and Expenses Incurred by a Sheriff's Deputy in Defending a Criminal Charge that Resulted From the Performance of His Duties MEETING DATE: June 5, 2007 . Background: A Virginia Beach Sheriff's Deputy was charged with the misdemeanor offense of assault and battery. The charge resulted from the deputy's performance of his duties as a Sheriff's Deputy. The charge against the deputy was subsequently disposed of by a finding of not guilty by the Virginia Beach General District Court. The City Attorney's Office has reviewed the circumstances of the case and determined the fee charged is reasonable. . Considerations: In situations where a law-enforcement officer is investigated, arrested, indicted or prosecuted for an alleged criminal act committed in the discharge of official duties, Section 15.2-1711 of the Code of Virginia authorizes local governing bodies to reimburse the legal fees and expenses incurred by such officer if no charges are brought, the charges are dismissed, or at trial the officer is found not guilty. . Recommendations: Approval of ordinance. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Sheriff's Office City Manager~~ \L-. ~llV"t 1 AN ORDINANCE AUTHORIZING THE 2 REIMBURSEMENT OF LEGAL FEES AND 3 EXPENSES INCURRED BY A SHERIFF'S DEPUTY IN 4 DEFENDING A CRIMINAL CHARGE THAT 5 RESULTED FROM THE PERFORMANCE OF HIS 6 DUTI ES 7 8 WHEREAS, a Virginia Beach sheriff's deputy was charged with assault and battery 9 for actions resulting from the performance of his official duties; 10 11 WHEREAS, at a trial held in the Virginia Beach General District Court, the charge 12 against the officer was disposed of by a finding of not guilty; 13 14 WHEREAS, in the defense of said charge, the officer incurred legal fees and 15 expenses in the amount of $1,500 and has requested the City to reimburse him for such 16 fees and expenses; 17 18 WHEREAS, Section 15.2-1171 of the Code of Virginia provides that "(i)f any law- 19 enforcement officer shall be investigated, arrested or indicted or otherwise prosecuted on 20 any criminal charge arising out of any act committed in the discharge of his official duties, 21 and no charges are brought, the charge is subsequently dismissed or upon trial he is found 22 not guilty, the governing body of the jurisdiction wherein he is appointed may reimburse 23 such officer for reasonable legal fees and expenses incurred by him in defense of such 24 investigation or charge"; 25 26 WHEREAS, the City Attorney's Office has reviewed the circumstances of this case, 27 assessed the itemized bill submitted by the officer's legal counsel, and determined that the 28 legal fees and expenses incurred by the officer are reasonable. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the Sheriff is hereby authorized to expend funds in the amount of $1,500 from 34 the FY 2006-07 Operating Budget of the Sheriff's Office for the purpose of reimbursing a 35 sheriff's deputy for legal fees and expenses incurred by him in his defense of a criminal 36 charge brought against him that resulted from the performance of his official duties. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 39 day of , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: \ ~C' ~ lA-J ~~ City ey s - Ie n - Sheriff's Office CA10374 V:\applications\citylawprod\cycom32\Wpdocs\D018\P001 \00031808. DOC R-1 April 18, 2007 2 ,t"~~~ .{~~~~:J:~, '<?'il'W' ~t=. .... ,'. ~t:) ~~\~' 'jf} ~(:~~~~"~{I 'i:'.';:":,,,""~r ~.......~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving the Application of Edwin B. Lindsley, Jr. for a Vegetation Control Permit to Allow the Removal and Replacement of Certain Vegetation Located on Virginia Beach Boulevard and Imposing Conditions Upon Such Permit MEETING DATE: June 5, 2007 . Background: Virginia Code Section 33.1-371.1 allows the removal or pruning of vegetation in City rights-of-way that obstructs motorists' view of outdoor advertising signs. Pursuant to a delegation of authority from the Commonwealth Transportation Commissioner, the City has the authority to decide such applications in accordance with the applicable statutes and regulations, and subject to appeal to the Commissioner. Edwin B. Lindsley, Jr., by his court-appointed conservator, Kenneth P. Lindsley ("Lindsley"), has submitted an application to remove five (5) Crepe Myrtle trees from the south side of Virginia Beach Boulevard, west of Rosemont Road, that obstruct the view of a billboard owned by Lindsley. In addition, the application seeks the removal of fifty- six (56) Euonymus shrubs at the same location. No other vegetation in the area is sought to be removed. As part of the application, Lindsley has submitted a landscaping plan showing: 1. The Crepe Myrtles would be replaced at any reasonably nearby location selected by the City with 8-10' high Crepe Myrtles, with a 1-year warranty of the trees in the new location; 2. The Euonymus shrubs would be replaced by an equal number of Dwarf Yaupon Holly plants at the same location; and 3. The Dwarf Yaupon Holly plants would be perpetually maintained by Lindsley. . Considerations: Were it not for legislation adopted by the General Assembly in 2006, the trees would not be subject to removal. The legislation does, however, bind the City, and Lindsley's application meets the requirements pertaining to such permits. The first application that was submitted under the new statute had been denied by the City Council in December 2006, but was granted by the Commonwealth Transportation Commissioner, over the City's objection, on appeal. The application, if approved, would contain the conditions set forth in the proposed ordinance. Those conditions include: 1. A limitation on the vegetation to be removed to five (5) Crepe Myrtle trees and fifty-six (56) Euonymus shrubs shown in the application; 2. The incorporation of Lindsley's representations in the application package regarding and replacement of the trees and shrubbery, as well as other related conditions set forth in the proposed ordinance, such as requirements that the relocation and replacement of the trees be done in a timely manner and under the direct supervision of a certified arborist; 3. A requirement for the maintenance of the vegetation by Lindsley, who has posted the required $2,500 surety in cash; and 4. The incorporation of all applicable laws and regulations. . Public Information: This item will be advertised as part of the City Council agenda. . Alternatives: The City Council.has two other alternatives: it may decline to act upon the application or it may deny it. If the City Council declines to act upon the application, it will be deemed by statute to have been approved. If the City Council denies the application, it is likely that the Commonwealth Transportation Commissioner would grant the permit on appeal. In such a case, whether the conditions of the permit, as granted by the Commissioner, would be as comprehensive as those set forth in the proposed ordinance is a matter of speculation. . Attachments: Ordinance and application materials. Recommended Action: Submitting Department/Agency: City Attorney's Offi~C City Manager~ t ,Oclllil'z 1 AN ORDINANCE APPROVING THE APPLICATION OF EDWIN B. 2 LINDSLEY, JR. FOR A VEGETATION CONTROL PERMIT TO 3 ALLOW THE REMOVAL AND REPLACEMENT OF CERTAIN 4 VEGETATION LOCATED ON VIRGINIA BEACH BOULEVARD 5 AND IMPOSING CONDITIONS UPON SUCH PERMIT 6 7 8 WHEREAS, Edwin B. Lindsley, Jr., by Kenneth P. Lindsley ("Lindsley"), his duly 9 appointed conservator, has submitted to the City a vegetation control permit application 10 pursuant to Section 33.1-371.1 of the Virginia Code, which authorizes the removal of 11 vegetation that obstructs motorists' view of signs displayed on outdoor advertising 12 structures located on highways within the Commonwealth of Virginia; and 13 14 WHEREAS, more particularly, such application seeks the removal offive (5) Crepe 15 Myrtle trees from their current location on the south side of Virginia Beach Boulevard, west 16 of Rosemont Road Drive, and the removal of fifty-six (56) existing Euonymus shrubs and 17 their replacement by an equal number of Dwarf Yaupon Holly plants, all as more 18 particularly described in the landscaping plan submitted by Lindsley as a part of the 19 application; and 20 21 WHEREAS, the Commonwealth Transportation Commissioner has delegated to the 22 City the authority to administer, in accordance with the applicable statutes and regulations, 23 the vegetation control program set forth in Virginia Code Section 33.1-371.1, and the City 24 has accepted such delegation of authority; and 25 26 WHEREAS, notwithstanding the opposition of the City and many other persons to 27 certain legislation introduced during the 2006 General Assembly session, such legislation 28 was enacted, thereby rendering all highways within the City subject to the vegetation 29 control permit program; and 30 31 WHEREAS, while it is the sense of the City Council that the aforesaid legislation is 32 inimical to its longstanding and abiding efforts to beautify the roadways within the City of 33 Virginia Beach, the City Council is bound by the provisions of Virginia Code Section 33.1- 34 371.1 and the regulations promulgated thereunder; and 35 36 WHEREAS, Lindsley's application includes representations, among others, that the 37 five (5) Crepe Myrtle trees to be removed will be replaced by an equal number of 8-1 0' high 38 Crepe Myrtle trees at any reasonably nearby site or sites selected by the City and that such 39 trees will be replaced by Lindsley for a period of one (1) year, if necessary, by reason of 40 disease or drought; and 41 42 WHEREAS, Lindsley has submitted to the City cash surety, in the amount required 43 by statute, securing the performance of the conditions of the permit; 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 47 48 That the City of Virginia Beach hereby grants the application of Edwin B. Lindsley, 49 Jr., for a vegetation control permit submitted to the City on April 25, 2007, upon the 50 following conditions: 51 52 1. The vegetation to be removed shall be limited to the five Crepe Myrtle trees 53 and fifty-six Euonymus shrubs designated in the application and supporting materials; 54 55 2. Lindsley shall be bound by all representations made in the aforesaid 56 application and materials submitted in connection with such application, which are hereby 57 incorporated into and made a part of this ordinance, as fully as if set forth herein. Such 58 materials consist of: 59 60 (a) Proposed Landscaping Plan dated March 28, 2007; and 61 62 (b) Untitled sketch (plan view) of billboard and vegetation, Scale 1" = 25' 63 (undated); 64 65 3. All replacement vegetation shall be installed as soon after the removal and 66 relocation of the aforesaid Crepe Myrtle trees and Euonymus shrubs as is consistent with 67 good landscaping practices, and under the direct supervision of a certified arborist; 68 69 4. The replacement Dwarf Yaupon Holly plants shall be maintained in good 70 condition by, and at the expense of, Lindsley in perpetuity, and any diseased, dying or 71 dead vegetation shall be replaced in a timely manner consistent with good landscaping 72 practices; 73 74 5. Lindsley shall replace any of the five (5) replacement Crepe Myrtle trees that 75 require replacement by reason of drought or disease within a period of one (1) year from 76 planting; and 77 2 78 6. Lindsley shall comply with all applicable laws and regulations, including, 79 without limitation, the vegetation control regulations promulgated by the Commonwealth 80 Transportation Commissioner. 81 82 Adopted by the City Council of the City of Virginia Beach, Virginia, on the _ day of 83 , 2007. APPROVED AS TO LEGAL SUFFICIENCY: CA-10386 R-1 May 23,2007 3 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION VEGETATION CONTROL APPLICATION 24 VAC 30-200-10 et seq. f5) m@rnowrn rm WU APR - 3 2007 lW ---' Form ITS (page 1 of 2) Rev. 10115198 HAMPTON ROADS DISTRICT ROADSIDE ~2J , 1$2007 To A~o E,"'f~u"" ,Resident Engineer at Application is hereby made to work on State Highway trees on Route sea in the City/County of Vu=\c.'U1A. r:31!'ACH between AO$El'OO"-1T i:1':>.and 'Jc::rcu..1u:... ~ t3...'\Ib , ~. in accordance with description of work, 3 33.1-371.1 of the Code of Virginia, Vegetation Control Regulations 24 VAC 30-200-10 et seq., and such other rules and regulations of the Commonwealth Transportation Board as may be applicable thereto. All work to be done under the direct supervision of .sIG~'""t:c:1i:- l.A.~1::>sc:..~I..:PE.Sl ,Address 2.32. ~VU.J.E "U~Pl1(.E ~()~Tfol City c.a..a;~E.. 'VA. , Phone No. (1S7) 4iq ..l./-qiDC , Certified Arborist No. 1\1" Ol(p~ . All work shall be completed within days from i,ssuance of this permit. REASON FOR WORK: Improve motorist's view of 8.....1..804.20 So . If outdoor advertising sign - Permit Number Iqq4@."l.&, . Permit Guaranteed perionnance of this work is covered by (a) Certified Check in the amount of $2,500.00 endosed, which may be used in whole or in part to complete the work outlined or it will be returned when the work has been completed in a satisfactory manner; or (b) Bond No. of Company. Check, for the non-refundable application and permit fee, in the amount of $400.00 is enclosed. Applicant ~~~~ ~cI ~ ~~~ :it. Address: gl'l- c.. Ff... + v/...I.IOZJ . ;l;r<l4"'t Signed by: .31.. I. Q Q Title: (!~ Telephone No. (157) 4-2.5- ~~5'+ Federal Tax I. D. No. 2.3'- ILD - (:) 1l.D2.. (For Official Use Only) All trees listed in description of work have been inspected and found to be on State Rights of Way. The undersigned recommend that this permit be issued. An inspector will be assigned to supervise this work at the permittee's expense Yes No. Inspector's Name Resident Engineer Environmental Manager , Date , Date Tree Trimming Permit No. issued at , ,19_ " In so far as the Commonwealth Transportation Board has the right and power to grant same, the above applicant is permitted to perform tree work as outlined. The Commonwealth Transportation Board reserves full municipal control over subject matter of this permit. Trans. Roadside Development Mgr for Dist. Administrator Proposed Landscaping Plan For Edwin B. Lindsley, Jr., Outdoor Sign - Va Beach BlvdlRosement & Bonney Rd. Upon approval by the City of Virginia Beach Landscape Services Department this plan will be implemented. PLAN : (Reference attached sketch) 1. The proposed work, and the replacement plants and materials to be supplied, will be performed by Signature Landscapes. Their address, phone number and their point of contact are as follows: 232 Centerville Turnpike North, Chesapeake, Virginia 23320, Phone (757) 479-4960, Mr. Oscar Richardson. 2. Proposed work: a. Replace approximately fifty-six (56) existing shrubs (each located 3ft on center) with fifty-six (56) DwarfYoupon Holly plants (3 gallon size). Includes bedding compost and hardwood mulch for all plants. Includes 1 year warranty with watering for the warranty period. Includes perpetual maintenance for the plants. b. R.e1ocate five (5) Crepe Myrtle trees to reasonably nearby City property, specific location to be determined by the City of Virginia Beach. _ Includes the compost, the hardwood mulch; and the replacement, with an 8' to 10' Crepe Myrtle (pink) tree, of any of the five trees, during a period of one year, due to disease or drought. c. Work will begin as early as late Fall, pending weather and the recommendation of Signature Landscapes and the City of Virginia Beach Landscape Services Department. Approved by: ~~ .-'" -~ ~ -.. ' .., .... /:~~ 7. '.?-<V{ . I~ ,,} '""?~" .4-7- 171 ~ I. ,~C.e'~'7""~ 'Edwin B. Lindsley, Jr. '" ' ~!o J2 ZK; 200rr Date ~..-:2.~.,J..; .~, ;~.-~~ ~ ;~....~.:,.,i.'.-~Ir ..~~~ ,':",,:."!' > .'.. \ \ \_.;:;.~ \~ \' ~~ \, ~'-,."-'S::' ./ ,..- ",., . ,. , \ ~;~,::.,~~.':h ~ , ' ,\,. ...... \~f/-~~ t \. ' O~ ~~ %'.:. , /^O~-..:: ~ ~..., ) \t--=..i ~ ~j !' .~ '-- f ~ ~ ~ \ "-- ~'- \l.~ :/\ ~~~~.~~ ~..... 1 .--......~~'-4..:2. ,.: \ -::s: ~ ~ ,..; l '~ -- --=-~., ; - L., ""a_ ~;>.:"-~~ \~. ~~~~~ ..,^ ~ 't"'"--. ~~-' I " ~ ""'--"S \ \ \, \ \ \. \ ., \ \, \ \. \ \ \ ,j ,.:..- ,t.' ~_.2,~~-~~;"",::~:;~.;~~~~'i~}~., . ~ : ~. "'''"'="'''"'i!':' ..t, 10 :m......~ ~..3;d1' {;OVJ ;! .,:-'..'.'.'...:. :,::1'~-~~ . ~,... ~ . ~,1!'" - ").. I 'i '';t " \'t . <it ~ :. ,. ;' ~ ,'I, C~,- · "l' ,~:.:~~:~ ' ..Q'..... .' . 1. v ~i~~ &~~~~, [It.~~' .. ~",,'?J., <o€ .... -' ";~ ,l~~ ~'.t.~ ..) '(>; 4"~~- -" i;.; l.'"~~:~~"'M...~":.q ~~fr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the Ten-Year Plan to End Homelessness MEETING DATE: June 5, 2007 . Background: The City coordinates a Continuum of Care process to annually access more than $1 million of HUD funding for homeless programs delivered by non- profits throughout our community. In furtherance of that process, the City assembled a network of non-profits and other interested state and city agencies to form the Virginia Beach Homeless Advocacy and Resources Partnership (UVBHARP"). The VBHARP meets on a regular basis to develop solutions to address homelessness within the City. With input from the community and other stakeholders, VB HARP and the Department of Housing and Neighborhood Preservation (UDHNP") developed a ten-year plan to end homelessness in the City. The plan was developed and will be executed in the context of overall City goals and housing plans, such as DHNP's Consolidated Plan for HUD, the City's Comprehensive Plan, and the goals and priorities in the Homeless Continuum of Care, which define our current system of services for the homeless. . Considerations: The goals of the ten-year plan are: (1) to prevent homelessness whenever and wherever possible; (2) to move people who become homeless into permanent housing as quickly as possible; (3) to expand the supply of decent, safe and affordable housing opportunities so that housing-related causes of homelessness are reduced; and (4) to provide opportunities for housing consistent with the City's housing and neighborhood goals. The plan also encourages the City to work with its neighboring cities to seek regional solutions to prevent anyone city from becoming a magnet or being overly burdened. The attached resolution asks those with an interest in homelessness to work cooperatively with the DNHP and authorizes the City Manger to submit, on behalf of the City, the City of Virginia Beach's Ten-Year Plan to End Homelessness to HUD and the Interagency Council on Homelessness. . Public Information: This plan was the subject of a public comment session at City Council's May 22 meeting. Additional public notice will be provided through the normal agenda process. . Attachments: Resolution and Ten-Year Plan to End Homelessness . Alternatives: Without a City-endorsed ten-year plan, the City may risk reduction or loss of HUD funding through the Continuum of Care. ! ~ 1"\ Recommended Action: Adoption /r----'{\f i ' 17 Submitting Department/Agency: De~J~~fl:lo~NeighbOrhOOd Preservation CityManager:~ 'i )~\I'Mt 1 A RESOLUTION ADOPTING THE TEN-YEAR PLAN TO 2 END HOMELESSNESS 3 4 WHEREAS, the City of Virginia Beach's vision of Community for a Lifetime 5 includes all residents; and 6 7 WHEREAS, addressing the problem of homelessness is a part of achieving that 8 vision; and 9 10 WHEREAS, an organized, planned approach to homelessness over a sustained 11 period of time, that is carried out in partnership with non-profit organizations and all 12 those interested in addressing the problem is required to make progress toward ending 13 homelessness; 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 1 . That the ten-year plan to end homelessness as proposed by the 19 Department of Housing and Neighborhood Preservation and the Virginia Beach 20 Homeless Advocacy and Resources Partnership (VB HARP) is hereby adopted; and 21 22 2. That the City Council asks all those with an interest in ending 23 homelessness to work cooperatively with the City and VBHARP in alignment with this 24 plan; and 25 26 3. That the City Council hereby authorizes and directs the City Manager to 27 submit the plan to the U.S. Department of Housing and Urban Development (HUD) and 28 the Interagency Council on Homelessness on behalf of the City and VBHARP. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2007. day of Approved as to Content: Approved as to Legal Sufficiency: Mal\.~~P~' Department of Housing and Neighborhood Preservation c~:=~~tJ:-- CA10415 May 23, 2007 R-2 The City of Virginia Beach's Ten Year Plan to End Homelessness 2007 - 2017 Developed by The Virginia Beach Department of Housing and Neighborhood Preservation In Partnership With The Virginia Beach Homeless Advocacy and Resource Partnership Final Draft for Public Comment - May 14,2007 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007- Table of Contents 1. Overview Executive Summary Why a Ten Year Plan? The Context of our Plan A Short History of Work to Address Homelessness 2. Understanding Approaches to Homelessness Causes and Solutions National Best Practices 3. Homelessness in Virginia Beach Today Scope of Homelessness The Cost of Homelessness Characteristics of the Homeless in Virginia Beach 4. Virginia Beach's Plan: Strategies, Approaches, Goals and Actions Overall Goals Strategies and Approaches Specific Goals and Actions 5. Implementing the Plan 6. Measuring and Evaluating 7. Schedule of Actions Appendices A. HUD's Definition of Homelessness B. 2007 Continuum of Care 2 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007- 1. OVERVIEW Executive Summary This plan describes a plan to end homelessness in Virginia Beach. It provides the overall strategies for the ten years beginning July 1, 2007, and includes action plans for the City of Virginia Beach and non-profits and regional partners to undertake during the period July 1, 2007 through July 1, 2009. It describes the reasons we have a plan, provides information about homelessness in Virginia Beach, and the current system of programs and services. The plan calls for gradual transition of current services to focus more on three main areas of activity: homeless prevention, creation of affordable housing opportunities, and preservation of existing affordable housing. In addition, it calls for the use of broad partnerships, including continuation of existing regional efforts where appropriate. It calls for focusing city funding on the support of non-Federally eligible, high-value activities; which helps to make Federal funding available for the creation of housing and housing opportunities. And it calls for the use of low-cost policy and program initiatives that do not presume the availability of major new funding sources. The plan lays out specific programs and policy activities for the first two years of the plan, while describing long-term strategies that will be applied to all program and policy choices beyond that period. It calls for a major public involvement effort to be taken in 2007-2008 in order to develop and enhance the plan, as well as additional involvement in future years. The plan is necessary in order to have a widely-supported, effective and appropriate community-wide approach to ending homelessness rather than managing it. National policy guidance and best practices identify significant economic benefits to ending homelessness, especially chronic homelessness, through the utilization of many of the programs and policies described in this plan. Why Do a Ten Year Plan to End Homelessness? The following are reasons for the City of Virginia Beach and its partners to develop and implement a ten-year plan to end homelessness: 1. Federal funding awards that provide as much as a million dollars annually to homeless-serving non-profits will be negatively affected if the city does not have a ten-year plan in place. 2. Weare engaged with our regional neighbors in active regional planning to end homelessness. We need our own long-term plan as a guide to determine how and when we fit into the regional planning efforts. 3 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007- 3. The City has been involved in helping the homeless for 23 years, since 1984 or before. Since 1994 we have been coordinating a community process to produce an annual plan for the use of Federal funds for homelessness. A long term plan that is based on best practices, uses measurement and feedback and is based on and integrated with overall city strategies is much more likely to help us produce positive results and provide value to our taxpayers than continuing without one. In addition, national policy guidance and best practices identify significant economic benefits to ending homelessness, especially chronic homelessness, through the utilization of many of the programs and policies described in this plan 4. According to the 2005 Virginia Beach survey of citizens, only 62% of citizens felt satisfied with the services provided to needy and homeless families. Therefore, there may be citizen support for additional efforts. Therefore, we believe that it is appropriate and necessary to develop and adopt a plan. This plan was developed and is a plan of the City of Virginia Beach and the Virginia Beach Homeless Advocacy and Resource Partnership (VBHARP), the coalition of city agencies and homeless-serving non-profit organizations that together develop our annual plan and deliver services to the community. Over time, we want this plan to be a community plan, adopted in addition by all the community partners who are necessary to implement it. A significant portion of the plan will be the ongoing outreach to and involvement of these stakeholders so that this can occur. The Context of our Plan Our plan was developed and will be executed in the context of our overall city goals and plans, as well as our plans for housing, and the needs of homeless persons and those at risk of becoming homeless in our community. The City plans include City Council Priorities, the Comprehensive Plan, and the City's Strategy. The Comprehensive Plan provides and should continue to provide the land-use context that insures a healthy and growing housing market, which is critical to a growing supply of housing at all price ranges. The housing plans that are part of our context include: The Housing and Neighborhood Plan - Chapter 10 of the Comprehensive Plan. This defines city goals, including the desire for housing options that to serve people at all income levels and all life stages. The HUD Consolidated Plan, which identifies priorities, funding and programs to meet the housing needs of low and moderate income persons The Homeless Continuum of Care, which defines our current system of services for the homeless and provides significant funding for them. 4 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007- The regional "Housing Opportunities for People with AIDS" plan, adopted in order to guide the use of Federal HOPWA funds. The Workforce Housing Program, currently under development for consideration by City Council. Federal housing funding and regulation, which playa key role in defining our plan, what resources are available to implement, and what can be achieved. Our regional context, consisting of the residents, governments and housing and homeless- serving agencies of our neighboring cities in the south Hampton Roads region, is a key factor in how we solve the problem, because we have a regional housing market, we have organizations that work throughout the region; because people seeking housing don't care about city boundaries; and because through regional cooperation we can solve problems by sharing resources and costs and thereby reduce the costs to individual localities. A Short History of Work to Address Homelessness in Virginia Beach The history of funding and programs that serve the homeless, as well as the current system of existing funding, programs and services are also key parts of the context for this plan. The City and homeless-serving agencies have been planning for and delivering services to the homeless since before 1984. Many major planning and implementation efforts have successfully enhanced what existed over 23 years ago to create what we have today. There are multiple major milestones that have been achieved by all involved agencies. The development of this ten year plan is intended to build on and improve what has been created to date. Some of the key dates and milestones include: 1984: First receipt ofESG funding - utilization for Winter Shelter program 1984: Samaritan House Formed 1985: Mother Seton House, now called Seton Youth Shelters, is formed 1985: VBCDC Formed 1986: Fire Escape on 17th & Pacific opens; later becomes Judeo-Christian Outreach 1988: Community Alternatives, a non-profit to serve the housing needs of mentally ill and substance abuse persons, including the homeless, is formed 1987: City donates property to VBCDC for use as transitional housing 1989: Council approves SRO and shelter at Bridge Commerce Center 1994: City coordinates first continuum of Care 1996: Lighthouse Center completed 1999: Regional SRO Task Force starts work/looks for sites 2004: Site for first Project located in Norfolk 2005: Regional Task Force chartered by Southside Mayors and Chairs 5 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2001 2006: Site for Cloverleaf (2nd regional SRO located) 2007: Gosnold Opens; Cloverleaf Land Use approved; Site selection for Portsmouth starts 2007: Ten Year Plan 2. Understanding Approaches to Homelessness National Best Practices The creation of our local plan should rely heavily on what has been learned at the national level and what national guidelines have been developed for ten year plans. A significant effort over the past few years has helped identify and create material that can assist us. The following summarizes national guidance from the United States Interagency Council on Homelessness and the National Alliance to End Homelessness. THE TEN ESSENTIALS What Your Community Needs To Do To End Homelessness The National Alliance to End Homelessness has created the following checklist as a guide to help communities identify the minimum requirements for an effective permanent solution to prevent and end homelessness. The essentials are based on the Alliance's Ten-Year Plan to End Homelessness, which draws from over twenty years of research and experience with communities around the country. No essential is more important than another. All require participation from every sector of the community. PLAN Your community has a set of strategies focused on ending homelessness. A wide range of players (government programs, elected officials, homeless providers, etc.) has made funding and implementation commitments to these strategies. DATA Your community has a homelessness management information system that can be analyzed to assess how long people are homeless, what their needs are, what the causes of homelessness are, how people interact with mainstream systems of care, the effectiveness of interventions, and the number of homeless people. EMERGENCY PREVENTION Your community has in place an emergency homelessness prevention program that includes rent/mortgage/utility assistance, case management, landlord/lender intervention, and other strategies to prevent eviction and homelessness. 6 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007- SYSTEMS PREVENTION 1. Mainstream programs (mental health, substance abuse, TANF, child welfare, etc.) that provide care and services to low-income people consistently assess and respond to their housing needs. II. There is placement in stable housing for all people being released from public institutions. OUTREACH Your community has an outreach and engagement system designed to reduce barriers and encourage homeless people so that they enter appropriate housing (including safe havens) linked with appropriate services. SHORTEN HOMELESSNESS The shelter and transitional housing system in your community is organized to reduce or minimize the length of time people remain homeless, and the number of times they become homeless. Outcome measures will be key to this effort. RAPID RE-HOUSING Your community has skilled housing search and housing placement services available to rapidly re-house all people losing their housing or who are homeless and who want permanent housing. SERVICES When households are re-housed, they have rapid access to funded services, and mainstream programs provide the bulk of these services. PERMANENT HOUSING 1. Your community has a sufficient supply of permanent supportive housing to meet the needs of all chronically homeless people. II. Your community is implementing a plan to fully address the permanent housing needs of extremely low-income people. INCOME When it is necessary in order to obtain housing, your community assists homeless people to secure enough income to afford rent, by rapidly linking them with employment and/or benefits. It also connects them to opportunities for increasing their incomes after housing placement (opportunities provided primarily by mainstream programs). 7 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007- Causes and Solutions The term homelessness obscures more than it illuminates the situation of anyone group of people. There are multiple causes of homelessness, and therefore there are multiple solutions. Families that become homeless due to an economic cause or divorce have significantly different issues and therefore different needs than a single person who is also a substance abuser. The chart and discussion that follows attempts to portray the multiple causes of homelessness as well as some of the solutions. 8 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007- Causes of and Solutions to Homelessness People who have been incarcerated Victims of domestic violence/ family crisis People who expenence an illness or injury Veterans with post traumatic stress disorder Outreach Engagement Assessment Emergency Shelter Transitional Housing Permanent Supportive Housing Permanent Housing 9 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007_ It is important to note that we lack sufficient capacity to meet the current need for Emergency Shelter, Transitional Housing, and Permanent Supportive Housing. Many who lack housing are placed on waiting lists for all of these options. Emerging data from programs throughout the country that have been identified as "best practices" for housing suggest that rapid placement for individuals and families who are homeless into permanent supportive housing is the most promising approach when outcomes measuring long term stability are considered. 3. Homelessness in Virginia Beach Scope of the Problem To effectively address homelessness, solid information regarding the numbers of homeless persons in different situations and the causes of homelessness, is critical. On any given day or night, according to the latest homeless census taken in January 2007, there were 453 people in Virginia Beach who met the HUD definition of homelessness: Even though many individuals and families do not meet the HUD definition, they do experience what many would consider to be homelessness and what in fact requires the same remedy as homelessness. In 2007, there were 340 additional people who were in this situation, as well as 84 more who are inmates incarcerated in the Virginia Beach Correctional Center who identified themselves as not having a permanent address. The total of the three categories equals 877 people. The Cost of Homelessness Homelessness can be very costly to those who are homeless, to our local government and to the overall economy of the city and region. Multiple studies have shown that people who are homeless use services in the public and private sectors in ineffective and expensive ways. The following are some examples of this: . People who were homeless and become housed have fewer visits to the Emergency Room and, when they need to be admitted to a hospital, spend less time there than those who remain homeless. . Seton Youth Shelters spent $1,026,771 in 2007 to house 186 homeless youth providing 4,601 bed days of shelter in our city who have been turned out of their homes or who have run away in addition to their emergency hotline and street outreach programs. . Studies of the cost of homeless estimate that chronically homeless substance abusers use upwards of $30,000 per year in health and public safety services. . In 2006, 116 homeless persons were treated at the Virginia Beach Deter CenteL Their average stay was from 5 to 7 days at a cost of $400.00 per day. This represents a cost of over $278,000 to the city. Research has proven that once housed formerly 10 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007_ homeless persons have fewer visits to detox centers or emergency rooms and spend less time in the hospital for other medical reasons. . People who were homeless and become housed are less likely to be incarcerated for crimes such as trespassing, loitering, etc. The cost for keeping a prisoner at the Virginia Beach Correctional Center (VBCC) is approximately $54 per day. On the day of the 2007 Point in Time Count there were 84 inmates in the VBCC identified as homeless. If this is a representative daily count, it is costing the City of Virginia Beach $4,536 per day to incarcerate persons who were homeless. . People with mental illnesses who were homeless and become housed are more likely to remain stable than those who are homeless. The cost for psychiatric hospitalization is approximately $500 per day. The following charts summarize available information regarding who is homeless in Virginia Beach. 11 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007 Total Persons Meeting the HUD Definition of Homelessness in Virginia Beach, 2003-2007 700 600 500 400 300 200 100 o 2003 2004 2005* 2007 Homeless Persons in Virginia Beach Homeless Census - Point in Time Count Comparisons 2004 - 2007 (with adjustments) Sheltered Unsheltered Totals Year 04 05 06 07 04 05 06 07 .... 04 05 06 07 # of families 75 56 56 62 ; 11 21 21 1 86 77 77 63 w/children ** ** # of persons In 245 181 181 272 32 66 66 4 277 247 24 276 families ** 7 wlchildren ** ... # of individuals 125 154 154 139 61 227 227 38 186 381 38 177 ** 1 ** Totals 370 335 335 411 93 293 293 42 463 628 62 453 ** 8 . ** # in motels 208 416 wi 3ro 76* party asst # surveyed on street 9 1 * *These are the numbers reported to HUD for the 2006 CoC as a decision was made to use 2005 PIT results. 12 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007- Characteristics of homeless individuals in Virginia Beach The following are based on the 2007 homeless Point in Time Count . 14% are veterans . 15% have severe and persistent mental illness . 38% have chronic substance abuse and addiction . 27% are chronically homeless Characteristics of homeless families in Virginia Beach . Individuals in families (including children) make up almost 40% of the homeless population . 22% of all homeless families have a chronic substance abuser as part of the family . 17% of those who are homeless in families are homeless because of domestic violence Characteristics of homelessness (across both populations) in Virginia Beach* . 46% are employed (full and part-time jobs) . 49% have a high school degree or better Many more individuals and families experience episodes of homelessness throughout the year. During the 2005-2006 school year the Virginia Beach Public Schools identified 526 children meeting the criteria for being homeless. During the off-season for tourism, the hotels at the oceanfront offer a temporary, affordable solution for some homeless families and individuals. Once the tourists return, these rooms are no longer available at the rates that enabled people to pay for this transitory housing. Subsequently, these people return to the streets, camp in the woods, double up with others, or sleep in their cars. 4. Virginia Beach's Plan: Strategies, Goals and Actions A. Overall Goals The four overarching goals listed here define the top priorities of our plan. All of our strategies, goals and action steps should contribute to achieving one of these four goals: . To Prevent Homelessness Whenever and Wherever Possible and Appropriate. . To Move People Who Become Homeless into Permanent Housing as Quickly as Possible and Appropriate. 13 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007_ . To Expand the Supply of Decent, Safe and Affordable Housing Opportunities so that the housing-related Causes of Homelessness are reduced. . To provide opportunities for housing consistent with the city housing and neighborhood goals. B. Strategies and Approaches Strategies and approaches define the ways in which we approach achieving the goals of the plan. They help guide our choices between various options, help define our process, and how we address key goals. If used correctly, our choices of action should be able to be defended by reference to these strategies and approaches. Taking a Phased Approach to Planning, Action and Input: We envision multiple steps of community involvement, re-evaluation and revision over the ten-year period of the plan. This document provides overall strategies and goals for the ten years which define how we will approach our goals, and what those goals are. It also provides defined actions for the first two years, and leaves open additional actions for the future. Defining Issues Accurately and Creating Shared Community Goals: We need to change our paradigm from managing homelessness to ending it. We must believe ourselves that it can be reduced or ended, and act with that goal in mind. It is critical to understand that homelessness as a label masks very different sets of problems that, while related, need very different solutions. We must develop clear statements that relate to our local problems and that can be consistently communicated. The understanding and support of community leadership (governmental decision-makers and key business and community leaders) will pave the way for the availability of resources and for a higher likelihood of public support for all aspects of the plan. This requires ongoing consultation, discussion and the development of understanding prior to the proposal of actual projects. In addition, public discussion and educational forums are needed. Using Best Practices and Research Results: This requires learning from the best practices of others around the country, including our regional neighbors; evaluating how those may work in Virginia Beach; and then re- evaluating current programs against those options. 14 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007- Addressing Causes Rather than Catching Problems A significant portion of our current system was correctly created to "catch" and manage homelessness rather than to address the causes. Much of this was an appropriate response to the crisis that still continues. However, studies now show that to solve homelessness, prevention and permanent housing are the key strategies. Using Existing Private Sector Housing as a Key Resource for Permanent Housing Solutions: The great majority of persons with housing needs will fill them by obtaining private sector housing. Helping people overcome barriers to entry; helping people afford private sector housing; and preventing people from losing housing will provide the largest number of housing opportunities for the homeless. Preserving and Rehabilitating Existing Affordable Housing: There are thousands of existing affordable housing opportunities that exist today and must be preserved if progress is to be made. Insuring that cost-effective preservation and rehabilitation is conducted will prevent us from going backward rather than forward. Using Partnerships and Working in the Broadest, Most Effective Context with Every Possible Partner: This means: A. Regional cooperation between area cities and counties. The eXIstmg South Hampton Roads Regional Task Force on Ending Homelessness has demonstrated great success in creating effective programs that cost all localities less or that never would have been possible for one locality to undertake. B. Involvement of the key regional players in planning for and funding activities that support our goal: the Planning Council; United Way of South Hampton Roads; the Virginia Beach Foundation, the Norfolk Foundation, and other agencies and foundations. It is critical to seek alignment of the goals and the use of the funds available to all regional actors to maximize our ability to achieve success. This has already occurred with the regional SRO projects, but can be enhanced. C. Inter-agency cooperation involving Virginia Beach's homeless serving agencies cooperating to enhance service delivery and tap available expertise D. Inter-disciplinary cooperation (between housing, homeless, health, criminal justice and social service agencies) because they all have key roles to play and opportunities to contribute 15 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007- E. Pro-active contact and cooperation with local, regional and national foundations Taking Maximum Advantage of Low-Cost Strategies and Untapped Funding Sources We do not expect to significantly change the financial realities of government in the region, state or nation. Massively expensive proposals are not realistic. However, there are multiple low-cost strategies that will help expand housing opportunities and overcome barriers to both prevent people from becoming homeless and assist them in finding housing. While none of these are "free", they are extremely cost effective and must be part of an overall strategy. In addition, family support programs funded by the Federal government and administered by Social Service agencies maybe able to provide significant housing assistance using Federal funding. This opportunity should be explored as a key part of assisting homeless families. Integrating the Goals of Ending Homelessness with the Allocation and Use of "Mainstream" Federal Housing Resources Annually allocated Federal housing funds constitute a very large resource which can be made more available to create programs and housing opportunities that support the goals of ending homelessness. The Department of Housing already does some of this and plans to do more throughout the plan period. Continuing City funding for DHNP operational costs, non-Federally eligible programs, and major regional projects. The availability of a sufficient amount of Federal funding is made possible in great part by city support for a portion of the operational costs of the department of Housing and Neighborhood Preservation. In addition, city funding for non-Federally eligible but critical homelessness programs, as well as for major regional projects such as Cloverleaf will be critical for continued success. Actively Seeking to Influence Federal and State Policy and Resource Allocation Decisions As noted above in the context section, Federal policies and resource decisions do and will playa key part in our ability to achieve the goals ofthe plan. City efforts, especially if aligned with and part of national efforts through the US Conference of Mayors, the 16 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2001 National League of Cities, and NAHRO, to insure that current resource allocations are maintained or increased could pay high dividends in the future. While there is currently very little housing funding available from the Commonwealth of Virginia for cities or non-profits, there is wide support for efforts to address workforce and affordable housing. To the extent that State policy can be influenced to provide new resources for this effort, this may free-up existing resources and/or increase the overall availability of housing at all income levels. 17 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007. C. Key Goals, Programs and Policies The following tables present more specific goals that are each critical to the achievement of the overall goals ofthis plan. For each goal, proposed actions, the rationale for them, and an approximate schedule for their achievement are provided. The Department of Housing and Neighborhood Preservation has the leadership role in the success of the plan. However, many of the proposed actions will be conducted by others, most notably the Department of Human Services and the member agencies of VBHARP, as well as our regional governmental, non- profit and foundation partners. The development and implementation of specific actions will be done in accordance with the strategy of utilizing the broadest possible stakeholder involvement. Goal A Insure the Preservation and Expansion of Affordable Permanent Housing Resources Proposed Action Rationale Schedule Identify and plan for the preservation of Without preservation of existing Ongoing existing affordable housing. Allocate housing resources, opportunities appropriate funds and identify partners to help for permanent housing will achieve this. decrease. Create new private sector housing opportunities The use of leveraged "risk FY 07-08 through "Master Lease" or "Housing Broker reduction" to help people Programs - these involve developing overcome barriers to permanent agreements with landlords that allow otherwise housing is the most cost effective ineligible households whose main obstacle to way to house people who don't obtaining housing is not financial to obtain need financial assistance housing with certain guarantees from the city or agency. Create new opportunities in the market by Rental security deposit Ongoing annual allocations helping people overcome one-time barriers to requirements often exceed $2,500 and review of program success obtaining housing through financial and present a significant barrier to assistance - such as providing rental security entry. deposits Creating additional Permanent Supportive Permanent supportive housing is a Gosnold in 2007 Housing for Chronically Homeless, Disabled key to ending chronic Cloverleaf in 2009 and Special Needs Populations regionally in homelessness Third regional project in 2011 order to spread the costs. Use Section 8 Housing Vouchers to Support Section 8 vouchers are key to .2008-09: 42 units for Permanent Supportive Housing making supportive housing Cloverleaf Apartments. feasible Use Section 8 Vouchers to Support Dedicating some Section 8 For fiscal year 2007-2008, an Permanent Housing for Previously Homeless resources to homeless families allocation of 40 units to Families and/or the disabled will increase VBCDC has been made opportunities for them. Use HOME funds to support the acquisition of HOME funds can provide 2 years In FY 07-08 DHNP has multi-family housing for the homeless and of rental subsidy for permanent allocated $400,000 for the Tenant Based Rental Assistance housing. acquisition of permanent housing. 18 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2001 Goal B Prevent Homelessness Proposed Action Rationale Schedule Expand Financial Assistance to Prevent Preventing homelessness is the most cost 2007-2008 and Homelessness: Two programs that prevent effective way to address the problem continuing homelessness already exist and are administered by the Department of Human Services: the Regional Homeless Intervention Program, and the City's Homeless Emergency Program (HEP). For 2007- 2008, DHNP has budgeted an additional $50,000 for HEP. Establish an eviction prevention program that can Eviction prevention programs pro- 2008 intervene early and effectively to prevent actively communicate their existence and homelessness. intervene when appropriate to prevent evictions that can be resolved. Improve Discharge Policies to Prevent The Regional Task Force is seeking to 2007-2009 Homelessness: The lack of appropriate resources understand and seek to address them to and/or links between criminal justice and mental reduce this cause of homelessness. health facilities and housing resources contribute to DHNP will actively participate in this homelessness by resulting in the discharge of and work with all stakeholders to try to persons from such facilities without an actual achieve improvements. housing arrangement. While these issues are complex and challenging, 19 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2001 Goal C Expand the Availability of Resources Proposed Action Rationale Schedule Expand Regional Resource Development: Regional funders are highly interested Key effort for Cloverleaf New resources from foundations, from private in regional efforts to end homelessness. apartments in 2007-08 and donors and may be available. A regionally This has been demonstrated by their the Healing Place. coordinated effort to enhance resource support of Gosnold Apartments and the development, based on best practices and cost- Regional Housing database. Expanding effective regional projects, has already been this effort may produce significant demonstrated in the Gosnold apartment project. support. In addition, there is a need for Cloverleaf apartments and the planned Healing non-Federal money for some key place will be additional regional efforts. activities. Expand National Resource Development Both locally for Virginia Beach Ongoing Efforts agencies and on a regional level, the implementation of best practice programs and regional cooperation should allow access to additional funds Maximize HUD funding to Virginia Beach's To better compete under Federal 2007-2010 Continuum of Care. guidelines, the continuum must fund To achieve the maximum funding available, the fewer services and more permanent programs proposed for Virginia Beach must housing. Substituting locally-controlled reduce requested funding for services and Federal funds for certain activities; increase it for permanent housing. This can be transitioning away from services; as done through some program changes, the use of well as transitioning transitional locally controlled funds, and changing the use housing to permanent housing, should of some facilities. all increase funding to Virginia Beach from this source over time Expand interagency cooperation in the use of Expanded cooperation of non-profits, 2007-2008 all available resources to prevent family DHNP programs and DHS programs homelessness. can help reduce homelessness. Maintain active ongoing relationship with VHDA is the key source for financing Ongoing VHDA to insure financing opportunities are affordable housing in the state. High available and utilized optimally quality projects with regional cooperation can obtain very affordable financing Use City funds where available to support Often Federal funds are not sufficient Provided $1.3 million for major regional projects for major projects; projects may not be Cloverleaf in 2007. Future Federally eligible; or local funds may funding decisions should be leverage significant Federal funding. based on city priorities, opportunities/projects, and funding availability Actively Participate in Federal and State Federal policy and budgeting may Ongoing; especially needed Policy-Making and Resource-Allocation change in 2007-2008. The US in calendar year 2007 for the Decisions Conference of Mayors has called for development ofthe new major funding increases in key federal Federal budget. programs. This could dramatically impact our ability to implement this and other plans. 20 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007- Goal D Maintain and Transition the Current Services System and Funding to Align with this Plan and Regional Priorities What is Proposed? Rationale Schedule The current system of homeless serving DHNP and C of C agencies will 2007-20 I 0 agencies and programs must be maintained continue to plan to address this. while new programs are developed and put in place. This will require careful planning and cooperation. Develop regional priorities, convey them to all Implementing regional priorities 2009-20 I 0 involved and implement coordinated aligned with national best practices approaches to achieving them over time will move the entire region over time into a coordinated system that best helps end homelessness Develop and implement outcome-based Transitioning to outcome-based funding requirements to direct funding to the funding will help funders and most effective programs agencies improve and make the case for needed changes. Insure that current facilities that will continue It is critical to the homeless- Ongoing annually. to be needed are well maintained and funded. serving system and to city goals This requires the allocation of locally- that current facilities stay well- controlled funding on an ongoing basis. maintained and capable of achieving their goals 21 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007_ Goal E Connect People to Services and Resources to Help them Succeed Proposed Action Rationale When Provide the best information on regionally Information is a key resource to Beginning in available housing. Expand the regional affordable providers and those who need housing. Summer, 2007 housing database; provide additional housing To enhance the availability of all types counseling; improve communication about existing of information, especially on a housing opportunities to the general public and to centralized, regional basis will help people at risk of becoming homeless. connect people to housing more effectively. This not only helps all people seeking housing to obtain it; but it reduces inquiries to all providers and thereby reduces the total work needed to operate the system. The developing Affordable Housing Database operated by the Planning Council for our region is one part of this effort. Enhance Access to Services and Reduce Total A regional "central intake" system that system demand by creating a City Wide and provides central access to all regional Later a Regional Central Intake System resources through one call would dramatically reduce the total call volume to agencies and the burden on the person seeking housing. However, obstacles to a regional system mean that a citywide system may be a good interim alternative. In addition, assuring that staffers are experts and have relationships with housing providers will expand the chances of obtaining available housing or shelter. Insure that Street Homeless are Connected to Available Services; insure continuation of street outreach programs that engage chronically homeless persons and provide information on new options as thev become available. Connect People to Services Comprehensively: Federal guidelines are steering funding 2007 or 2008 Implementing a regional-based series of activities away from services. However, it is still involving connecting people to services, such as necessary for people to obtain appropriate "Project Homeless Connect" provides a one-stop support services. Large regional events at shop that has demonstrated its value by the which all services are available should attendance of homeless persons. expand access and reduce the time needed to access services. 22 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2007_ Goal F Create and Enhance Community and Leadership Understanding and Support Proposed Action Rationale Schedule Conduct Regular Public Discussions and Input 2008 Sessions in Virginia Beach Regarding this Plan Conduct Bi-Annual Regional Public Forums on Regional task force with assistance from 2008 and bi- Regional Efforts, national best practices and local all stakeholders annually programs Conduct Subject-Focused Regional Forums on Key Regional task force with assistance from 2008 - discharge Issues to Obtain Infonnation and Generate Support all stakeholders planning - i.e. discharge planning. Assist and/or initiate Local, Regional and State Efforts to Promote a Positive Image of Workforce and Affordable Housing. Expand Ongoing communication and infonnation DHNP has allocated a staff position to do efforts about all aspects of affordable housing this starting in 2007-2008 Continue to promote Fair Housing practices in all DHNP and housing industry stakeholders forums and in all aspects of work 5. Implementing and Managing the Plan Actively seeking the implementation of this ambitious plan that involves multiple partnerships, multiple activities and policy and program initiatives will require a significant amount of staff time. DHNP's pending reorganization recognizes this and identifies three new positions to work on this and related housing initiatives. The positions are part of the new Rental Housing Division of DHNP, which includes the Section 8 program, and has the assignment of increasing rental housing opportunities for low and moderate income households in Virginia Beach. It is our plan to utilize these positions, combined with the existing homeless resource coordinator position, to help manage and implement this plan. In addition, the department will initiate a housing policy coordination team, with participation from other city agencies and community agencies, to continuously meet and develop and enhance program and policy initiatives that advance the ten year plan and expand housing opportunities. The combination of assigned staff and a stakeholder policy body of key representatives, plus the ongoing regional homeless task force work, should all result in an energetic and successful achievement of the goals of this plan. 23 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2001 6. Measuring and Evaluating Progress An additional key component of the plan will be obtaining, analyzing and reporting on key statistics regarding progress. These measurements will have to be developed, defined and then collected on a regular basis. This aspect of the plan is critical to conveying its success and allowing for adjustment. The Department of Housing will allocate staff time for this purpose on an ongoing basis. Reports will be developed and distributed to all stakeholders for discussion and analysis. 7. Plan Schedule This plan provides long term strategies and goals for guidance. It includes actions for the first two years. A major initiative to involve the community will be undertaken in 2008. Significant input from the community will be sought and utilized at multiple times beyond then. The schedule will be updated and aligned with city planning and budgeting, as well as regional planning and initiatives Appendices: 1. Continuum of Care 2007: This document is in process and will be appended upon its completion by June 8, 2007 2. HOD Definition of Homelessness Homeless Individual- an individual who lacks a fixed, regular, and adequate nighttime residence; and an individual who has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. The term "homeless" or "homeless individual" does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State law. Chronic Homelessness is long-term or repeated homelessness accompanied by a disability. Many chronically homeless people have a serious mental illness like schizophrenia and/or alcohol or drug addiction. Most chronically homeless individuals have been in treatment programs, sometimes on dozens of occasions. This definition of chronic homelessness includes homeless individuals with a disabling condition (substance use disorder, serious mental illness, developmental disability, or chronic 24 The City of Virginia Beach's Ten Year Plan to End Homelessness Draft for Public Comment - May 14,2001 physical illness or disability) who have been homeless either 1) continuously for one whole year, or 2) four or more times in the past three years. Research reveals that between 10 to 20 percent of homeless single adults are chronically homeless. (Note: a family cannot be defined as chronically homeless, even though they may experience repeated events of being homeless and if they have a disability.) Other programs that address homeless have different definitions for homelessness. For services provided under the McKinney-Vento Homeless Education Act the definition of homeless is much broader and includes persons living in hotels, motels, and campgrounds. It also includes individuals. who are doubled up with relatives or friends, and those awaiting placement in foster- care. To determine homelessness the McKinney Vento programs considers the permanence and adequacy of the living situation, unlike the Continuum of Care programs. Our plan intends to address people without suitable housing conditions or who are at risk of being homeless. Homelessness\consol ten year plan affinal.doc 25 r.'-~'BE~~ .&~Iz~ }~f .. r~~ \\:<-'.. . ~,.. ~~ij i...I~/,.I~ ". . ..... ,~'J ~(:,:,~:/.~~~~::;':J ......................... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Referring to the Planning Commission Amendments to the City Zoning Ordinance Pertaining to Workforce Housing MEETING DATE: June 5, 2007 . Background: On February 27, 2007, the City Council adopted a resolution affirming the desirability of high-quality workforce housing in the City and directing the Staff to develop zoning and other ordinances to achieve that goal. Since then, a Workforce Housing Development Team, consisting of members of the Departments of Housing and Neighborhood Preservation and Planning and the City Attorney's Office, have met several times in order to discuss the provisions of a proposed ordinance to present to the City Council. The proposed zoning ordinance amendments have been prepared and are ready for consideration by the Planning Commission. It is anticipated that programmatic ordinances pertaining to other aspects of the Workforce Housing Program (such as qualifications for buyers and renters, the establishment of an advisory committee, etc.), which do not require consideration by the Planning Commission, will be ready for consideration by the City Council in July. . Considerations: The Resolution refers the proposed City Zoning Ordinance amendments regarding workforce housing to the Planning Commission for its consideration and recommendation. The matter is on the Commission's agenda for June 13. It is anticipated that the proposed amendments would be brought before the City Council in July. . Public Information: No special form of advertisement or public notice is required for the Resolution; the Planning Commission's and City Council's public hearings on any proposed zoning amendments, however, will be advertised in accordance with the statutes governing zoning matters. . Recommendations: Adoption of Resolution. . Attachments: Resolution, proposed zoning amendments. Recommended Action: Adoption of Resolution Submitting Department/Agency: Planning Department CityManager:~~ t. Oe~ 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION AMENDMENTS THE CITY ZONING 3 ORDINANCE, CONSISTING OF AMENDMENTS TO 4 SECTIONS 102 AND 900 AND A NEW ARTICLE 20, 5 ESTABLISHING THE WORKFORCE HOUSING 6 OVERLAY DISTRICT AND SETTING FORTH 7 REQUIREMENTS FOR THE DISTRICT 8 9 WHEREAS, by Resolution dated September 27, 2005, the City Council directed 10 the Planning Commission to study the City's development ordinances and recommend 11 amendments to such ordinances regarding, among other things, increasing the overall 12 supply of workforce and affordable housing by encouraging increased density and 13 mixed-use development in Strategic Growth Areas not within Air Installation Compatible 14 Use Zones (AICUZ); and 15 16 WHEREAS, the Planning Commission created a Workforce Housing Committee 17 comprised of workforce housing advocates, developers, representatives of civic groups, 18 and other citizens to perform such study and to develop potential solutions; and 19 20 WHEREAS, the Workforce Housing Committee presented its report to the 21 Planning Commission on November 13, 2006; and 22 23 WHEREAS, the Planning Commission held a public hearing concerning the 24 Workforce Housing Committee's report on December 13, 2006, at which the comments 25 received by the Commission was overwhelmingly positive; and 26 27 WHEREAS, the City Council held public hearings concerning the Workforce 28 Housing Committee's report on January 23,2007 and February 13, 2007, at which the 29 overall public response was also overwhelmingly positive; and 30 31 WHEREAS, on February 27, 2007, the City Council adopted Resolution No. 32 3239, affirming the desirability of high-quality workforce housing and directing the staff 33 to develop zoning and other ordinances that would as will accomplish that goal; 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 38 That the City Council hereby refers to the Planning Commission, for its 39 consideration and recommendation, the proposed ordinance entitled" An Ordinance to 40 41 42 43 44 45 46 47 48 49 50 51 Amend the City Zoning Ordinance by Amending Section 102, Establishing the Workforce Housing Overlay District; Amending Section 900, Pertaining to the Legislative Intent of the B-4 Mixed Use District, the B-4C Central Business Mixed Use District and the B-4K Historic Kempsville Area Mixed Use District; and by Adding a New Article 20, Consisting of Sections 2000 Through 2006, Pertaining to Definitions, Applicability, Permitted Uses, Density Bonuses, Plan Requirements and Required Features of Development in Workforce Housing Overlay Districts. A true copy of the aforesaid ordinance is hereto attached. Adopted by the Council of the City of Virginia Beach on the ,2007. day of CA-10412 R-1 May 24, 2007 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: w~IIjl((Wj City Attorney's Office 2 1 AN ORDINANCE TO AMEND THE CITY ZONING 2 ORDINANCE BY AMENDING SECTION 102, ESTABLISHING 3 THE WORKFORCE HOUSING OVERLAY DISTRICT; 4 AMENDING SECTION 900, PERTAINING TO THE 5 LEGISLATIVE INTENT OF THE B-4 MIXED USE DISTRICT, 6 THE B-4C CENTRAL BUSINESS MIXED USE DISTRICT AND 7 THE B-4K HISTORIC KEMPSVILLE AREA MIXED USE 8 DISTRICT; AND BY ADDING A NEW ARTICLE 20, 9 CONSISTING OF SECTIONS 2000 THROUGH 2006, 10 PERTAINING TO DEFINITIONS, APPLICABILITY, 11 PERMITTED USES, DENSITY BONUSES, PLAN 12 REQUIREMENTS AND REQUIRED FEATURES OF 13 DEVELOPMENT IN WORKFORCE HOUSING OVERLAY 14 DISTRICTS 15 16 Sections Amended: City Zoning Ordinance Section 102 and 17 900 18 19 Sections Added: City Zoning Ordinance Sections 2000 - 2006 20 21 WHEREAS, the public necessity, convenience, general welfare and good zoning 22 practice so require; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That Section 102 of the City Zoning Ordinance is hereby amended by 28 establishing the Workforce Housing Overlay District, and a new Article 20, consisting of 29 Sections 2000-2006, is hereby added, pertaining to definitions, applicability, permitted 30 uses, density bonuses, plan requirements and required features of development in 31 Workforce Housing Overlay Districts, which shall read as follows: 32 33 Sec. 102. Establishment of districts and official zoning maps. 34 35 36 37 (a4) There is hereby established the Workforce Housina Overlay District. Such 38 district shall be desianated on the official zonina map by the notation "(WF)" followina 39 the desianation of the underlyina zonina district. As an illustration. property in the B-4 40 Mixed Use District and in the Workforce Housina Overlay District shall be desianated on 41 the official zonina map as havina the classification "B-4(WF)." The Workforce Housina 42 Overlay District shall be limited to property located within those areas of the City 43 desianated in Section 2003 of this ordinance that has been rezoned to incorporate the 1 44 Workforce Housinq Overlay District as an overlay to the underlyina zoninq classification 45 of the property. 46 47 48 COMMENT 49 50 The amendment establishes the Workforce Housing Overlay District. The Overlay District 51 is to be created only on a case-by-case basis pursuant to a rezoning adding the Workforce Housing 52 Overlay District designation to the underlying zoning district classification of the subject property. 53 Such rezonings may occur only in areas identified in the Comprehensive Plan as suitable for 54 increased dwelling unit density, including Strategic Growth Areas. 55 56 Sec. 900. Legislative intent [Business Districts]. 57 58 The purpose of the B-1 Neighborhood Business District is to provide areas where 59 a limited range of business establishments can be located near or adjacent to 60 residential development without adversely impacting the adjacent residential area. The 61 purpose of the B-1A Limited Community Business District is to provide areas where 62 limited commercial development can be dispersed to support the needs of nearby 63 residential neighborhoods. The purpose of the B-2 Community Business District is to 64 provide land needed for community-wide business establishments. This district is 65 intended for general application in the city. It is intended that, by the creation of this 66 district, business uses will be geographically concentrated. The purpose of the B-3 67 Central Business District is to set apart that portion of the city which forms the 68 metropolitan center for financial, commercial, professional and cultural activities, 69 including business, professional and cultural development in a manner that 70 complements the B-3A Pembroke Central Business Core District and the policies 71 identified in the City of Virginia Beach Comprehensive Plan. It is intended that any uses 72 likely to create friction with these proposed types of activities will be discouraged. This 73 district is not intended for general application throughout the city. The purpose of the B- 74 3A Pembroke Central Business Core District is to optimize development potential for a 75 mixed-use, pedestrian-oriented, urban activity center with mid- to high-rise structures 76 that contain numerous types of uses, including business, retail, residential, cultural, 77 educational and other public and private uses. The B-3A district is intended to comprise 78 publicly accessible community open space areas, generally reflective of the concepts 79 identified in the city's Comprehensive Plan and the Pembroke Central Business District 80 Master Plan. Requests for rezonings to the B-3A Pembroke Central Business Core 81 District shall be limited within the area bound by Independence Boulevard, Jeanne 82 Street, Constitution Drive and the Norfolk-Southern Railroad right-of-way. As to those 83 buildings and structures rendered nonconforming by a rezoning to B-3A, it is the intent 84 of the City Council to encourage their appropriate expansion or renovation by resolution, 85 as set forth in section 105, in order to effectuate the intent of this section. This district is 86 not intended for general application throughout the city. The purpose of the B-4 Mixed 87 Use District is to provide for retail and commercial service facilities and residential uses.1 88 includinq hiqh-quality workforce housina in appropriate areas within the district, 89 inc\udina Strateaic Growth Areas, in those areas of the city where a mixture of such 2 90 uses is desirable and recommended by the policies of the Comprehensive Plan. The 91 purpose of the B-4C Central Business Mixed Use District is to provide an area that 92 complements the B-3A Pembroke Central Business Core District through quality mixed 93 use development at intensities and patterns that support multiple modes of 94 transportation, higher residential densities, includina hiah-auality workforce housina in 95 appropriate areas within the district. and an integrated mix of residential and non- 96 residential uses within the same building or on the same lot. Requests for rezonings to 97 the B-4C Central Business Mixed Use District shall be limited to the area surrounding 98 the B-3A Pembroke Central Business Core District and generally bounded by Thalia 99 Creek on the east, Interstate 264 on the south, Aragona Boulevard on the west, and 100 Jeanne Street and Broad Street on the north. Development within the B-4C Central 101 Business Mixed Use District should adhere to the Comprehensive Plan's Mixed Use 102 Development Guidelines. The purpose of the B-4K Historic Kempsville Area Mixed Use 103 District is to provide an area that complements the adjoining residential neighborhoods 104 through quality mixed use development at intensities and patterns that support multiple 105 modes of transportation, higher residential densities, includina hiah-auality workforce 106 housina in appropriate areas within the district. includina Strateaic Growth Areas, and 107 an integrated mix of residential and non-residential uses within the same building or on 108 the same lot. Rezonings to the B-4K Historic Kempsville Area Mixed Use District shall 109 be limited to property within the area generally bounded by Kempsville Heights and 110 Kempsville Lake to the north, Cedar Run Canal to the south, Kempsville Gardens and 111 Kempsville Manor to the east, and Eastern Branch of the Elizabeth River to the west. 112 Development within the B-4K Historic Kempsville Area Mixed Use District shall conform 113 to the Comprehensive Plan's Mixed Use Development Guidelines and the Historic 114 Kempsville Area Master Plan or, in the event of a conflict, shall conform to the Historic 115 Kempsville Area Master Plan. 116 117 COMMENT 118 119 The amendments add the provision of high-quality workforce housing in appropriate 120 locations to the legislative intent of the B-4 Mixed Use, B-4C Central Business Mixed Use and B-4K 121 Historic Kempsville Area Mixed Use Districts. 122 123 ARTICLE 20. WORKFORCE HOUSING 124 125 Sec. 2000. Purpose and intent. 126 127 The purpose and intent of this Article is to encouraae the development of hiah- 128 auality housina that is: (1) affordable by households with annual incomes of between 129 80% and 120% of Area Median Income (AMI); or (2), for rental purposes, by households 130 with annual incomes of between 60% and 90% of AMI, adiusted for family size, who live 131 or work in Virainia Beach;. Because such households aenerally, althouah not uniformly, 132 consist of one or two workina members, such housina is termed "workforce housina." In 133 order to accomplish that aoal. this Article establishes incentives for the construction of 134 workforce housina in areas of the City, includina Strateaic Growth Areas. in which the 135 Comprehensive Plan recoanizes increased density to be appropriate. Equally 3 136 importantly. this Article also ensures that workforce housinq will be well-desiqned, of 137 hiqh quality, and well-inteqrated into the overall development of which it is a component. 138 139 COMMENT 140 141 The new section states the purpose and intent of the ordinance, which is to provide 142 incentives for the development, in areas of the City where the Comprehensive Plan recognizes that 143 increased density is appropriate, of high-quality, affordable housing for persons meeting the 144 income guidelines set forth in the section. 145 146 Sec. 2001. FindinQs. 147 148 The City Council hereby finds that: 149 150 (a) Housinq prices have risen much faster than incomes durinq the past few 151 years, thereby eliminatinq, for many people, the option of purchasinq a home, and for 152 others, the option of rentinq without causinq an undue financial burden; 153 154 (b) The most effective approach to preservinq the quality of the City's housinq 155 and neiqhborhoods is to maintain and improve upon their diversity. This diversity 156 includes the type. value and desiqn of housinq and neiqhborhoods. which in turn. helps 157 the City meet its qoals for a quality physical environment. family and youth opportunities 158 and economic vitality. In addition, people from a variety of cultures, backqrounds. aqes, 159 races and capabilities will have oreater opportunities to find and retain safe, decent and 160 affordable housinq; 161 162 (c) The planninq and creation of mixed-income and mixed-use developments 163 will advance the City's ooal of providinq diverse, hioh-quality and affordable housino in 164 desirable neiqhborhoods. Allowinq a qreater mix of incomes within neiqhborhoods 165 increases the affordability of housino and reduces the isolation of income qroups. 166 Further. mixed-use developments are beneficial in the lono run because they broaden 167 housinq opportunities. increase residents' access to nearby employment and provide a 168 better land use arranqement to accommodate alternative, cost-effective transportation 169 svstems. 170 171 (d) Without an adequate supply of workforce housinq, employees of local 172 businesses would be forced to live in places that are distant from the workplace, thereby 173 causinq financial and social stress upon the families of such emplovees. In addition, an 174 inadequate supply of workforce housino would discouraqe prospective businesses from 175 locatinq in Virqinia Beach: and 176 177 (e) Workforce housinq is not housinq of inferior quality or desion, nor will it 178 adversely affect the value of homes in the vicinity. As required by the provisions of this 179 Article, the exterior of workforce housinq units will be essentially indistinquishable from 180 non-workforce housinq units of the same housinq type, and the overall quality of 181 construction of the interior of workforce housinq units will be comparable to that of non- 4 182 workforce housina units. Workforce housina units within mixed-use developments. will 183 be subiect to applicable desian standards set forth in the Comprehensive Plan. In 184 addition. workforce housina units will be intearated into the residential component of a 185 mixed-use development. rather than beina located in discrete areas within that 186 component. 187 188 COMMENT 189 190 The section sets forth findings concerning the need for workforce housing in subsections (a) 191 through (d). Subsection (e) expresses a finding that workforce housing is not substandard or 192 inferior, and explains the basis for that finding, which is reflected in the requirements for 193 workforce housing units set forth in Section 2006. 194 195 Sec. 2002. Definitions. 196 197 As used in this article. the followina terms shall be defined as follows: 198 199 (a) Affordable. Housina is considered affordable by a purchaser if no more 200 than approximatelY 30% of the aross household income of the purchaser is spent on 201 direct housina costs. which include mortaaae principal. interest. taxes and insurance, 202 but not homeowners' association dues, condo fees. utilities or other related housina 203 costs. 204 205 (b) Affordability Level Statement. A statement of the number of workforce 206 housina units that are affordable to aualified buyers at 80%. 90%, 100%. 110% and 207 120% of Area Median Income. respectively or to aualified renters at 60%. 70%, 80% 208 and 90% of Area Median Income. 209 210 (b) Area Median Income (AMI) - The household income that one-half of the 211 household incomes in a specific area are below and one-half are above. References in 212 this Article to Area Median Income shall be to the Area Median Income for the Virainia 213 Beach-Norfolk-Newport News, Virainia Metropolitan Statistical Area (MSA), which is 214 published annually by the U.S. Department of Housina and Urban Development (HUD) 215 and is adiusted for household size. 216 217 (c) Bonus Density- An increase in the maximum allowable dwellina unit 218 density on a property attributable to the provision of workforce housina on that property. 219 220 (d) Qualified Buyer - A person whose Workforce Housinq application has 221 been approved and who meets the home ownership reauirements of the Workforce 222 Housina Proaram. These requirements center on aross annual income, financial 223 assets, and location where one works and lives. To purchase a Workforce Housina 224 Unit. annual aross income must aenerally be between 80% and 120% of Area Median 225 Income. 226 5 227 (e) Qualified Renter - A person whose Workforce Housinq application has 228 been approved and who meets the rental requirements of the Workforce Housinq 229 Proqram. These requirements center on qross annual income. financial assets, and 230 location where one works and lives. To rent a Workforce Housinq Unit. annual qross 231 income must qenerallv be between 60% and 90% of Area Median Income. 232 233 (f) Strateaic Growth Area (SGA) - Areas of the City that are desiqnated in the 234 Comprehensive Plan to absorb most of City's future qrowth. both residential and non- 235 residential. These areas, which are planned for more intensive uses than most other 236 areas of the City, are characterized bv the inteqration. not separation. of diverse but 237 compatible uses includinq. where appropriate. residential uses. 238 239 (a) Workforce HousinG (WFH) - Housinq that is qenerallv affordable to 240 households with workinq members who live or will be livinq in the City of Virqinia Beach. 241 For home ownership. it is housinq that is priced to be affordable to households with 242 annual incomes between 80% and 120% of AMI. For rentals. it is housinq that is priced 243 to be affordable to households with annual incomes between 60% and 80% of AMI 244 245 (h) Workforce HousinG Discount - The difference in sales price between a 246 market rate unit and an equivalent Workforce Housinq Unit. This amount is calculated 247 to be the reduction in sales price necessary to make a Workforce Housinq Unit 248 affordable to a household at a tarqeted income level. 249 250 (0 Workforce HousinG Unit (WFH Unit) - A dwellinq unit that is reserved for 251 sale or rent bv a Qualified Buver or Qualified Renter. as the case may be. at a price 252 incorporatinq the workforce housinq discount. Workforce housinq units are constructed 253 as a result of the bonus density provisions that allow the construction of a qreater 254 number of dwellinq units on a specific parcel of land than is otherwise allowed in 255 exchanqe for the provision of workforce housinq on the parcel. 256 257 COMMENT 258 259 The section contains definitions of various terms used in the ordinance. 260 261 Sec. 2003. Areas of applicabilitv. 262 263 The Workforce Housinq Overlav District shall be limited to property in areas of 264 the City in which increased density of residential development is consistent with the 265 Comprehensive Plan, includinq Strateqic Growth Areas: provided. however, that no 266 property within any Accident Potential Zone or Noise Zone of 65-70 dB DNL or qreater 267 or any property in the R-10 throuqh R-40 Residential Districts shall be included within 268 the District. 269 270 271 272 6 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 COMMENT The section limits areas in which the Workforce Housing Overlay District may be created to those areas in which increased density is consistent with the Comprehensive Plan. Such areas include, but are not limited to, Strategic Growth Areas. The section also prohibits the Overlay in AlCUZ Noise Zones of 65-760 dB DNL or higher and in the R-IO through R-40 Residential Districts. Sec. 2004. Allowed uses. (a) All development within the Workforce Housinq Overlay District. includinq, but not limited to, uses, site layout. buildinq desiqn, open space. parkinq and other improvements shall conform to the land use plan approved by the City Council in accordance with the provisions of this Article. The approved land use plan shall supersede any conflictinq provisions of the underlyinq zoninq district. but shall conform to all requirements of the Subdivision Ordinance except those for which a variance has been qranted. (b) Within the Workforce Housinq Overlay District. uses shall be allowed in accordance with the use requlations of the underlyinq zoninq district provided, however. that where the underlyinq zoninq district is residential. sinqle-family. duplex, semi-detached, attached and multiple-family dwellinqs shall be allowed notwithstandinq any contrary provision of the requlations of the underlyinq zoninq district. COMMENT Subsection (a) provides that development within the Workforce Housing Overlay District must conform to the land use plan approved by the City Council. Land use plans supersede the zoning regulations of the underlying zoning district, thereby allowing for greater flexibility in designing developments containing workforce housing (within the limits of City Council approval). Subsection (b) limits the uses allowed in the Workforce Housing Overlay District to those uses allowed in the underlying zoning district, with the exception that all forms of dwelling units are allowed where the underlying zoning district is residential. Sec. 2005. Applications; Workforce Housing Overlay District land use plan. (a) In addition to any other information qenerally required for rezoninq applications, applications for the Workforce Housinq Overlay District shall contain the followinq information: (1) A survey of existinq site conditions, includinq include trees, contours, floodway. flood frinqe, waters, wetlands and other natural features: (2) A narrative statement of planninq obiectives for the proposed development 7 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 (3) (4) A construction schedule. includinq a schedule of construction of workforce housinq units; A detailed land use plan, which shall. at a minimum, consist of: A. Architectural elevations for proposed structures. includinq buildinq materials and colors; B. A qenerallandscape plan and tree preservation plan; C. A detailed description of the differences in size. interior lavout and construction materials between workforce housinq units and other dwellinq units of the same type; D. An Affordabilitv Level Statement: E. The total area to be included in the Workforce Housinq Overlav District as part of the application; F. The location of residential uses and total number and type of proposed dwellinq units, includinq the location, number and type of workforce housinq units; G. Tvpes of nonresidential uses proposed. if any. includinq the area and qross floor area proposed for such nonresidential development: H. Gross floor area of all structures; L Location of all buildinqs, streets, allevs and pedestrian walkwavs; J. Requlations qoverninq heiqht, setbacks, floor area ratio. lot coveraqe, impervious surface, accessory structures (sheds, swimminq pools, etc,), siqns and fences; K. Number and location of parkinq spaces. indudinq parkinq structures: L. Proposed improvements to adiacent public streets; M. Open space and recreation areas, includinq areas inside buildinqs: 8 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 N. Green development features, such as porous pavinq or pavers, native plant landscapinq, reduced street lenqths, reduced pavement width, bio-retention islands, shared parkinq, veaetated swales in lieu of curb and qutter or other features of development intended to enhance environmental auality. (b) No substantial modifications of the approved land use plan shall be allowed except pursuant to an amendment to such plan approved by the Citv Council in accordance with the procedures set forth in Section 107 of this ordinance. For purposes of this section a "substantial modification" shall include any chanqes to the approved land use plan that. in the iudqment of the Planninq Director. are not clearly in keepina with the intent of the City Council in approvinq the plan. The term shall also include any reduction in the number, location, desiqn or affordability level of workforce housina units. COMMENT Subsection (a) sets forth the application requirements for the Workforce Housing Overlay District. Those requirements include a number of items that are unique to workforce housing applications, including a construction schedule for workforce housing units, architectural elevations, a statement of the number of units at specified levels of affordability, and a description of green development features. Subsection (b) specifies the procedure for modification of an approved land use plan for a Workforce Housing Overlay District. Sec. 2006. Bonus density: workforce housina unit reauirements. (a) The dwellinq unit densitv in the Workforce Housinq Overlay District may be increased. bv a maximum of thirtv (30) per cent over the densitv allowed in the underlyinq zonina district if all of the followina conditions are met: (b) Not less than seventeen per cent (17%) of the total number of dwellina units are workforce housina units. In the event the maximum allowable densitv is not increased bv thirty (30) per cent. the percentaqe of workforce housinq units required shall maintain the same ratio of thirty (30) per cent to seventeen (17) per cent; (c) Workforce housinq units shall be intearated into the development to the same extent as other dwellinq units and shall not be clustered in discrete locations separate from other dwellina units; (d) The construction of workforce housina units shall reasonably coincide with that of other units. 9 410 (e) Workforce housinq shall conform to the Workforce Housinq Desiqn 411 Criteria and any other applicable desiqn standards in the Comprehensive Plan, 412 includinq, but not limited to, the followinq standards: 413 414 (1) The exterior of workforce housinq units shall have the same 415 buildinq materials and finish and be effectively indistinquishable 416 from. non-workforce housinq units of the same housinq type; 417 418 (2) Workforce housing units shall be comparable in bedroom mix. 419 desiqn, and overall quality of construction to the market rate units in 420 the development. except that workforce housinq units shall not be 421 required to exceed three (3) bedrooms per unit; and 422 423 (3) The square footaqe and interior features of workforce housinq units 424 shall not be required to be the same as other dwellinq units in the 425 development units, so lonq as they are reasonably similar in size 426 and quality and are consistent with the current buildinq standards 427 for new housinq in the City of Virqinia Beach. 428 429 COMMENT 430 431 The section sets forth the bonus density provisions and the requirements for a development 432 to qualify for the bonus density. It also sets forth requirements pertaining to the quality and design 433 of workforce housing units and their integration into a development. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of ,2007. CA-10396 CityLaw\00033802.doc R-2 May 24, 2007 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ()J~;J!;JfaJ City Attorney's Office 10 ,.r$~~~ 'f-'~~l'~~~z;;~, (9">-" ',' -"'.~.-.;o, (;:..... ,. ,< or }B; ~. f~~ \~~.:;:~~{!J "V~........ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Referring To The Planning Commission Amendments to the Comprehensive Plan Incorporating Principles Pertaining to Workforce Housing MEETING DATE: June 5, 2007 . Background: On September 27, 2006, the City Council directed the Planning Commission to study and propose amendments to the City's development ordinances that would enhance the provision of workforce housing. After receiving the Planning Commission's recommendations concerning a workforce housing program, the City Council adopted a resolution on February 27, 2007 directing the Staff to bring forward zoning and other ordinances implementing a workforce housing program.. . Considerations: The resolution refers to the Planning Commission, for its consideration and recommendation, proposed amendments to the Comprehensive Plan incorporating principles pertaining to workforce housing. It is anticipated that the Planning Commission will hear the matter in June, along with proposed City Zoning Ordinance amendments, and that the City Council will be in a position to consider both the CZO and Comprehensive Plan amendments in July. . Public Information: No special form of advertisement or public notice is required for the resolution. The Planning Commission's and City Council's public hearings on the Comprehensive Plan amendments themselves, however, will be advertised in accordance with the statutes governing zoning matters. In addition, the issue of workforce housing has been the subject of considerable additional public outreach. . Alternatives: The City Council may, if it desires, not adopt this resolution. Amendment of the Comprehensive Plan, however, is a necessary component of any workforce housing program the City Council may wish to establish. . Recommendations: Adoption of resolution . Attachments: Resolution; proposed amendments to Comprehensive Plan. Recommended Action: Adoption of resolution ~"" \ Submitting Department/Agency: Planning Department )'~ City Manager: Cj)~ \L .00 b'II1 "'- 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION AMENDMENTS TO THE 3 COMPREHENSIVE PLAN BY INCORPORATING 4 PRINCIPLES PERTAINING TO WORKFORCE 5 HOUSING 6 WHEREAS, the public convenience, general welfare and good zoning practice so 7 require; 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 12 That there is hereby referred to the Planning Commission, for its consideration 13 and recommendation, proposed amendments to the Comprehensive Plan incorporating 14 principles relating to the provision of workforce housing. 15 16 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 day of ,2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: w~ !J(j~~' City Attorney's Office CA10418 R-3 May 25,2007 An Amendment to the Comprehensive Plan Pertaining to Workforce Housing June 13, 2007 The following are amendments to the Comprehensive Plan (as adopted by the City Council on December 2, 2003 and as last amended on October 24, 2006) pertaining to the provision of Workforce Housing in the City of Virginia Beach. Text to be added is underlined. Text to be deleted is struck through with a single line across the words. Page 29 (bottom) and Page 30 (top) When this concept is viewed from the vantage point of the theme of generational continuity, it is clear that we must have healthy neighborhoods within each element of the spectrum of housing cost. We must view our housing stock as a continuum along which people may progress according to their means and stage in life. Thus it follows that we must have reasonably-priced housing in the city that young people can purchase as they begin their careers in the Virginia Beach labor market. Such housing must be viewed as providing an opportunity to get started as a homeowner in our city. Affordable housing provides a vital link in the picture of generational continuity. But for those who aspire to move along that continuum, this housing must not only be affordable to buy, but affordable to sell. The reality is that we h3'1e 3n oversupply of such housing in our city. The m3jority of the city's housing code enforcement efforts 3re required to be directed 3t non. owner occupied and lIsually non professionally m3n3ged housing of this type. St3tistics cle3rly sho\\' th3t housing of this type is generally not 3ppreciating 3t 3 rate 3pproaching that of the city's housing stock 3S a whole. The I3w of supply and demand is m3king it difficult for owners of this housing to sell, 3nd this often me3ns that they 3re frustr3ted in their goals of family betterment, or they 3re forced to rent the property. While there is a need for good quality rent31 units in the city, on the whole it is more in keeping v:ith our goals to encourage higher levels of home o'lmership, thus resulting in better property maintenance ('Nhere profession31 property management is not present) and 3 feeling of having a higher st3ke in our city by our residents. Ironically, the best course of 3ction to better the C3use of 3ffordable housing in the city is not to build much more of it, to restore the balance of supply and dem3nd, 3nd to preserve in good shape th3t which '....e h3ve. Page 240-241 Housing Issues Three key housing issues are discussed in this section of the plan. They are workforce 3ffordable housing, senior housing, and housing others with special needs. These elements complement the vision and guiding principles by recognizing that housing needs extend beyond the provision of market-level supply and demand. Certain citizens require and deserve assistance in their efforts to meet fundamental housing needs and it is the intent of this plan to provide goals and policies that help these people obtain safe, decent, and affordable housing. Workforce Affordable Housing The term "workforce housino" denotes affordable housino that is primarily for households with workino members. It is. however, also true that many households consist of retirees or disabled persons who need decent and safe housino but are retired or are unable to work. There are also those who are unemployed and cannot find oood. affordable housino. It is, therefore, appropriate to encompass all of these needs under the umbrella term of "workforce housino." For the purposes of the Comprehensive Plan. workforce housino is defined as that provided at pricino affordable to households in the followino income ranoes: . For homeowners. workforce housino is priced to be affordable to households with annual incomes between 80% and 120% of area median income. adiusted for family size. In 2006, this is equivalent to approximately $48,000 to $72.000 annual income for a family of four. . For renters. workforce housino is priced to be affordable to households with annual incomes between 60% and 90% of area median income. adiusted for family size. In 2006, this is equivalent to approximately $36,000 to $54.000 for a family of four. It must be noted that these income ouidelines are based on current economic conditions, and they will need to be adiusted annually based on the income fioures published by the United States Department of Housino and Urban Development (HUD). Household income. however. does not, by itself, define 'affordability'. Affordability is the relationship between a household's ability to pay and the cost to the household of housino. This definition has no reference to the "true" cost of the unit, nor to any particular unit or type of housino. In addition, affordable housino must be decent, safe, and appropriate to the household's needs. Finally. the unit must be available and sold or rented to a Qualifyino household. Along with housing types, age, ::md '.'alue is the issue of housing 3:f.ford3bility. While the housing value figures cited above indic3te 3 healthy economic environment :md benefit those already housed, it creates significant affordability issues for other citizens. Nearly one- quarter of Virginia Beach residents cannot afford to purchase or rent the average priced housing unit. There is a shortage of housing for individuals and families with special needs such as senior housing and persons with disabilities. Waiting lists exist for all affordable housing units. Although the supply of housing does not meet the demand in every price range, this gap is significantly greater for those in the lower income bracket. Some individuals and families are not properly sheltered at all. A workforce housinq opportunity exists when a household with income within the Qualifyino ranoe pays approximately 30% or less of its income for a decent, safe. and appropriate housino unit. Afford3ble housing is gener311y dofined, as good quality housing th3t costs no more than 30% of a family's income. Families expending more than this percentage are forced to choose among other equally essential goods and services such as food, transportation, utilities and health care. This creates severe family stress and places greater demands on the public and private human services system and public school system. In a very real sense, affordable housing reduces this stress and demand. By addressing issues of economic diversity, family and youth opportunities and quality physical environment, affordable housing does more than provide shelter for those in lower income brackets - it directly and indirectly achieves many of the city's strategic objectives. Notwithstandino other cyclical market forces, the success that has been achieved in creatino a oreat Quality of life in Viroinia Beach has helped to drive the demand for housino in our city to a point that very little land is now available for future development. Likewise, the price of land and development costs have risen to a level that has priced housino out of the ranoe for many buyers and renters. The affordability oap for many in the workforce. such as the first-time home buyer or renter. colleoe oraduate. and new hires. is becomino difficult to bridoe. While the development community desires to meet this need. the cost factors of development have made it very difficult. Often. Viroinia Beach citizens with annual incomes as described above must. due to lack of an adeauate supply of affordably priced housino. seek housino in our sister cities. However, even if affordable housino is located in another city. studies have shown that when the cost of travel is combined with housino cost. the total normally exceeds 30% of the household income. A 2004 report prepared for the City by the Viroinia Tech Center for Housino Research identified oaps of thousands of units in the supplv of housino for first time home buyers and low income renters. The report stated that "first time home buyers were in danoer of beino priced out of the market." If left unaddressed. the availability of new. moderately priced housino will continue to decline and will reduce choices available to moderate income Viroinia Beach households; and reduce the competitiveness of Viroinia Beach housino in comparison with surroundino areas where land prices. althouoh risino. allow the production of lower cost and/or hioher-amenity housino for this income oroup. When discussing the issue of housing affordability, the issue of housing construction quality must be considered as well. Good construction quality must be present in housing in any price range but perhaps is even more critical in housing that is affordable to persons of more modest means. In Virginia Beach, the majority of townhouses were built of materials that are now in need of major repair, which is one factor in their being among the lowest price ranges of housing. This is the type of housing that the lower income families are often forced to look for housing. Townhouses are also the type of housing showing the greatest signs of distress both in terms of assessed value and code violations. Because of the high demand to live in Virginia Beach and corresponding scarcity of housing, households at the higher income levels are willing and able to buy or rent at a lower price than they can afford, thereby eliminating housing affordable to lower income families. In other words, families that already are financially stressed are limited to housing that is older, not appreciating in value, may require costly maintenance, and in turn be difficult or impossible for families to afford. Inattention to housing maintenance needs negatively impacts not only the residents of such housing, but the quality of the surrounding neighborhood. Knowino. therefore, that there is a need to increase the supplv of workforce housino. the City Council. on September 14. 2005. passed a resolution directino the Plannino Commission to study the issue, with a particular focus on the followino: 1. Increasino the overall supply of workforce and affordable housino bv encouraaino increased density and mixed-use development in the Strateoic Growth Areas not affected bv the AICUZ zones; 2. Increasino the production of housino affordable to the workforce as part of new housino development; 3. Helpino to preserve the character and value of neiohborhoods and housino and assist in their preservation and enhancement. In January 2007. after extensive work with City staff, property owners. developers. residential builders, and those with an interest in workforce housino. the Plannino Commission presented its findinos and recommendations to the City Council. As reauested by the 2005 resolution. the Plannino Commission provided recommendations on each of items listed above. In reoards to the Strateoic Growth Areas (SGA's), the Plan nino Commission concurred that the SGA's outside the AICUZ can provide an excellent opportunity for the provision of Workforce Housino (WFH). The SGA's are intended to help meet the challenoe of protectino our residential neiohborhoods and preventino urban sprawl while, at the same time. providino opportunities for continued economic orowth. These orowth areas are desionated to absorb most of the city's future orowth. both residential and non-residential and as such. are planned for more intensive uses and density than most other areas of the city. To achieve this, a common characteristic of the SGA's is the practice of inteoratino. not separatino. a diverse cluster of land uses, resultino in a compact. vet compatible mix of uses. Recommendations to increase density, such as the Comprehensive Plan suooests for the SGA's. is disconcertino for some. There is a documented deoree of fear bv many that increasino density does not solve anvthino, and instead, leads to a host of other urban problems. The Urban Land Institute, the Sierra Club, and the National Multi-Housino Council. however, have published studies that support iust the opposite. These studies point out the myths pertainino to schools, property values, traffic. parkino. environment. Qualitv of construction. and the income of the occupants. The reality is that households today are makino different housino choices than they made in past decades. Hioh density development is a viable housino choice for all income oroups and people in all phases of their lives. Manv households are findino that multifamily housino meets their needs for a variety of reasons. As the costs of transportation continue to increase, the size of households continues to decline, and the availability of unencumbered and inexpensive developable land diminishes, increased residential density may become a necessity. This is not to say. however. that the current preferred housino type is not still sinole-familv home ownership. Sinole-familv home ownership will remain the preference for the foreseeable future. The SGA policv advocated bv this Comprehensive Plan is desioned to provide for the emeroino urban trend of Qualitv hioher density housino while also protectino the city's existino sinole-familv neiohborhoods bv steerino demand for such density away from them (the third area the Plan nino Commission was directed to address in City Council's 2005 resolution). In sum then. the followino represents the ouidance of this Comprehensive Plan for the location of Qualitv and affordable workforce housino: 1. In accordance with the overall desion of the Comprehensive Plan, Workforce Housino that involves increased density will oenerallv not be appropriate in the Primary Residential Areas; 2. The main locations for Workforce Housino will be within the Strateoic Growth Areas of the city that are not impacted by AICUZ requirements. Generally this will mean those SGA's west of Rosemont Road; and 3. Other appropriate locations for Workforce Housino may be existino commercial or multi- family residential sites on maior roadways, where Workforce Housino may be part of a sionificant redevelopment of the site without sionificant detriment to any part of the Primary Residential Area. In reoard to City Council's direction for the Plannino Commission to investioate means of increasino the production of housino affordable to the workforce as part of new housino developments. it must be recoonized that Workforce Housino has certainly been created in Viroinia Beach in the past and will continue be created in the future. It is recoonized that it is possible to develop Workforce Housino when the rioht combination of economic circumstances are alioned and present. Leavino thinas as they are. however. and hopino for oood circumstances is not a strateov. For the foreseeable future, barrino a lono-term depression in property values and construction costs. the assumption is that we will continue to experience risino land values and construction costs. The more upward pressure on housino costs. the more difficult it will become to provide quality Workforce Housina in the city. There is no one tool that can be applied in every circumstance that will result in the creation of a Workforce HousinQ unit. This Plan. however. recommends that the best means to expeditiously provide Workforce Housinq in the near-term is to adopt a proaram that has the followina characteristics: . A process for developinQ Workforce HousinQ that is voluntary and incentive-based; . A voluntary bonus density provision that will be available. within appropriate zoninQ cateQories. permittinQ residential use within the non-AICUZ impacted Strateaic Growth Areas and other appropriate areas. Such bonus density would be tied to the provision of quality and affordable Workforce Housina; and . That it advance a municipal philosophy that seeks to continue to examine how Workforce HousinQ can be voluntarily included as part of a development throuah the use of an expanded municipal "tool box". Page 245 Guiding Principles The essence of the City's Guiding Principles may be summed up in the following statement: Virginia Beach will be a City without blight. All our citizens will have the opportunity to live in vital, safe and attractive neighborhoods that provide a high quality of life and help our citizens achieve their goals. Using this as a foundation, our approach to ensure housing and neighborhood quality must be guided by a set of principles that apply to the work we do. These principles provide a basis for the goals and policies, identified later in this chapter, and ensure consistency with other comprehensive planning policies. These guiding principles are: Quality We believe that quality in design and construction of housing and neighborhoods, at all price ranges, will be the most cost effective approach to achieving our goals over the long term. A lack of initial quality in the name of affordability or any other goal will only end up postponing costs and shifting them to others. Diversity We believe that the best approach to housing and neighborhoods is to maintain and improve upon the diversity in housing and neighborhoods that is already a positive component of our city. This diversity includes the type, value and design of housing and neighborhoods, which, in turn, helps the city meet it goals for quality physical environment, family and youth opportunities and economic vitality. In addition, people from a variety of cultures, backgrounds, ages, races and capabilities will have greater opportunities to find and retain safe, decent and affordable housing. Mixed-income and Mixed-use development The planning and creation of mixed-income and mixed use developments will advance the city's goal of providing diverse, high-quality and affordable housing in desirable neighborhoods and within the Strateqic Growth Areas outside of the AICUZ. Allowing a greater mix of incomes within neighborhoods increases the afford ability of housing and reduces the isolation of income groups. Further, mixed-use developments are beneficial in the long run because they broaden housing opportunities, increase resident's access to nearby jobs and provide a better land use arrangement to accommodate alternative, cost-effective transportation systems. Equal Access to Housing and Neighborhoods We must continue to ensure that artificial barriers to persons who wish to live in our housing and neighborhoods are removed and/or not put in place. Insert after Existing Page D-4: New Page D2-1: Workforce Housino (WFH) Desion Criteria A Workforce Housino Development shall comply with the followino Criteria: 1. The Workforce Housino (WFH) Development shall comply with the Comprehensive Plan and any applicable. Desion Guidelines referenced therein that are applicable thereto. These include but are not limited to the Mixed-Use Development Guidelines. Resort Area Desion Guidelines. Old Beach Desion Guidelines. and Kempsville Plan Desion Guidelines. 2. Affordable WFH units in a WFH Development shall be mixed with the market-rate units and shall not be clustered tooether or seoreoated in any way from the market-rate units. 3. If the WFH Development Plan contains a phasino plan. the phasino plan shall provide for the development of affordable housino units concurrently with the market-rate units. No phasino plan shall provide that the affordable housino units built are the last unites) in a WFH Development. 4. The exterior appearance of the WFH units in a WFH Development shall be similar to the market-rate units by the provision of exterior buildino materials and finishes substantially the same in type and Quality as the market-rate units. The WFH unit exterior shall be substantially indistinouishable from the market-rate units. 5. The WFH units shall be comparable in bedroom mix, desion, and overall Quality of construction to the market rate units in the WFH Development. except that the WFH unit shall not be required to exceed three bedrooms per unit. The square footaoe and interior features of the WFH units shall not be required to be the same as the market-rate units. so lono as they are reasonably similar in size and Quality and are consistent with the current buildino standards for new housino in the Citv of Viroinia Beach. v.2 05122107 X:\Boards\Planning CommissionlAgendaslAgendas_ Current\2007 _ 06\ 13_ WFH-ComPlan_AMENDMENT .doc ~~" ,(~~..~..7~, f'a-~(t,.... t~\~' ~~~; ~" ---.'-", ~7.) <U:::>) \\\~.:,; Ii; l(~+::..o\~~~lo~~./ \.~~~.J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Extend the Term of the Green Ribbon Committee MEETING DATE: June 5, 2007 . Background: City Council established the Green Ribbon Committee in May 2006 to advise Council regarding the improvement of water quality in the City's waterways. The resolution that established the committee provided that the committee's term shall be for one year. On May 15, 2007, the Green Ribbon Committee gave a presentation to City Council in which it shared its findings thus far. The committee advised City Council that it had not yet completed all of its work, but that the members would be willing to continue serving on the committee until its tasks have been completed. The committee proposed drafting recommendations and holding a town meeting on June 19. Staff and citizens would then review the draft recommendations during July and August, and the committee would finalize its recommendations for presentation to City Council by September. . Considerations: At the conclusion of the committee's briefing on May 15, City Council directed staff to prepare a resolution that would extend the term of the committee. The attached resolution extends the committee's term until September 25. . Public Information: Public information will be handled through the normal Council Agenda notification process. . Attachments: Resolution Requested by City Council 1 A RESOLUTION TO EXTEND THE TERM OF THE 2 GREEN RIBBON COMMITTEE 3 4 WHEREAS, the Green Ribbon Committee (the "Committee") was established by 5 resolution on May 9,2006; and 6 7 WHEREAS, the resolution provided that the Committee's term shall end one year 8 from the adoption of the resolution; and 9 10 WHEREAS, the Committee requires additional time to complete its tasks. 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 13 OF VIRGINIA BEACH: 14 15 That the term of the Committee is hereby extended to September 25,2007. 16 17 Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ 18 day of ,2007. APPROVED AS TO LEGAL SUFFICIENCY: ~~ City Attorney's Offiy- CA 10422 R-2 May 30 2007 K. PLANNING 1. Application of KINGS GRANT CITGO, for Modification of Conditions to allow two (2) additional drive-through service bays (approved on April 24, 1989 and deferred indefinitely April 10, 2007) (DISTRICT 5 - L YNNHA VEN) RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, June 5, 2007, at 6:00 p.m. The following application will be heard: DISTRICT 5 - L YNNHAVEN Kings Grant Citgo Application: Modification of Conditions for a Conditional Use Permit. approved by City Council on April 24, 1989, at 428 North Lynnhaven Road I,GPIN 1497063953). All interested citizens are invited to attend. ~ .'" /' ..,/ ..........-,,~.~/ ~ (~_/~~~;"""-..x:A--j ~.-. ~, Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in tile Department of Planning or oniine at http://www.vbl!ov.com/pc 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 May 20 & 27, 2007 17027956 - 20 - Item IV-G.l.d. PUBLIC HEARING PLANNING ITEM # 31117 Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, represented the applicant Upon motion by Councilman Balko, seconded by Councilman Perry, Ci ty Council ADOPTED an Ordinance upon application of RICHARD A. RINER for a Conditional Use Permit: RICHARD A. RINER FOR A CONDITIONAL USE PERMIT FOR A GASOLINE SERVICE STATION R0489l2l3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Richard A. Riner for a Conditional Use Permit for a gasoline service station on the east coast of North Lynnhaven Road, north of the intersec tion wi th Kings Grant Road. Said parcel is located at 428 North Lynnhaven Road and contains 36,721 square feet. Plats with more detailed information are available in the Department of Planning. LYNNIIAVEN BOROUGH. The following conditions are required: 1. The proposed canopy must meet the 35-foot setback requirement. It appears that the canopy, a$ sho\m on the submitted site plan, is slightly short of the requirement. Compliance will be verified during detailed site plan review. 2; The utilization or Best r'lanagcment Practices ror controlling stormwater runoff which are reasonably applicable to the development of the site. 3. In accordance with the current I'Iaster Street and Highway Plan, a right-of-way dedication is required along North Lynnhaven Road to provide for an ultimate four-lane undivided highway. Approximately 3-feet of dedication is required. 4. No overnight outside storage of vehicles will be permitted. 5. Additions to be constructed shall be of a colonial style. 6. The existing sign shall come into conformance wi th the current zoning requirements. 7. Public restrooms shall be provided. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fourth Dav of April, Nineteen Hundred and Eighty-nine. April 24, ]lJR<J - 21 - Item IV-G.l.d. PUBLIC HEARING PLANNING !Tt}! # 31117 (Continued) Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None April 24, 1989 - 36- Item V-K.l PLANNING ITEM # 56300 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITEL Y an Ordinance upon application of KINGS GRANT CITGO for a Modification of Conditions for a Conditional Use Permit (approved by City Council on April 24, 1989) at 428 North Lynnhaven Road to add two (2) drive-through service bays: ORDINANCE UPON APPLICATION OF KINGS GRANT CrrGO FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON APRIL 24,1989. Ordinance upon application of Kings Grant Citgo for a Modification of Conditions for a Conditional Use Permit approved by City Council on April 24, 1989. Property is located at 428 North Lynnhaven Road (GPIN 1497063953). AICUZ is Less than 65 dB Ldn. DISTRICT 5 - LYNNHA VEN Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R "Bill" DeSteph April 10, 2007 r~ /9\~ii.. ~.~.~~ "": ., U., <"5- . . :>1 ~'.1-'- :.) "'4.:-6\-:':"'" J1f.i it "{~~~"-~~ ~.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of Kings Grant Citgo for a Modification of Conditions for a Conditional Use Permit approved by City Council on April 24, 1989. Property is located at 428 North Lynnhaven Road (GPIN 1497063953). AICUZ is Less than 65 dB Ldn. DISTRICT 5 - L YNNHA VEN MEETING DATE: June 5, 2007 . Background: This item was indefinitely deferred by the City Council on April 10. A Conditional Use Permit permitting a service station with fuel pumps was originally approved by the City Council on September 3, 1963, and then modified on April 24, 1989. The 1989 approval was for an additional five (5) service bays, a canopy, and relocation of the fuel pumps in a different layout than the current proposal; however, only the proposed canopy and new fuel pumps were actually constructed. City staff objected to the 1989 proposal, noting that the location of a total of eight (8) service bays was inappropriate, citing the incompatibility of a large auto service facility in a "small scale neighborhood center." The 1989 report stated that the proposed expansion to eight (8) bays was "not in keeping with the surrounding development." A drive-through access in the rear of the building was not considered at that time, and since it is now being proposed, a modification to the 1989 approval is required. Specifically, the applicant's request is to add two (2) drive-through service bays, accessed via a 15-foot wide drive aisle along the western property line in an area that is currently grassed lawn and 500 square feet of storage at the rear of the existing structure. . Considerations: The COmprehensive Plan recognizes this parcel as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both.residential and non-residential, located in and arOl~nd these neighborhoods should serve as a guide when considering future development. The proposed 40-foot by 50-foot wide, two (2)-bay addition to the existing three (3)-bay service station is compatible with the existing structure and surrounding area. The proposed exterior building materials include brick to match the existing structure, dentil molding with white trim, white siding, and a slate roof. Kings Grant Citgo Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on April 24, 1989, shall remain in affect. 2. The addition to the building shall be in substantial conformance with the elevation entitled, "Renovations and Additions to: Citgo - Kings Grant," dated 10/21/06, prepared by ARCHITECTURAL STUDIO, noting that all sides ofthe addition shall be brick with dentil molding to match the existing structure. 3. The layout of the site pertaining to building additions, parking, and landscaping shall be substantially as depicted on the plan entitled, "Citgo- King's Grant Service Bay Addition, Preliminary Plan," dated 12/19/06, prepared by The Spectra Group, Inc. Category VI landscaping (never installed as required by the 1989 Conditional Use Permit) shall be installed along the eastern property line. 4. Prior to the issuance of a building permit for the addition, verification by the Planning Department / Current Planning - Zoning shall be provided indicating that the storage container located on the property has been removed. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No cars shall be parked or stored in the drive aisle at any time. 7. The category VI landscaping depicted on the Plan identified in Condition #3 above shall include an eight (8) foot high, solid, vinyl fence. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DeparbnentlAgency: Planning Department'l/tl; City Manager: \L. . Ce~ Modification of the Conditional Use Permit approved by the City Council on April 24, 1989, for the addition of 2,000 square feet for two (2) drive through service bays and a 500 square foot storage area. KINGS GRANT CITCO Agenda Item 23 March 14, 2007 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: ADDRESS I DESCRIPTION: Property located at 428 North Lynnhaven Road. GPIN: 1497063953 COUNCIL ELECTION DISTRICT: 5-LYNNHAVEN SITE SIZE: 0.0843 acres APPLICATION HISTORY: This application was deferred on February 14, 2007 at the request of the applicant. A color rendering of both the rear and the front of the building have been submitted since the deferral. The Conditional Use Permit permitting service station with fuel pumps was approved by the City Council originally on September 3, 1963 and then modified on April 24, 1989. The Conditional Use Permit has seven (7) conditions: SUMMARY OF REQUEST 1. The proposed canopy must meet the 35 foot setback requirement. It appears that the canopy, as shown on the submitted site plan, is slightly short of the requirement. Compliance will be verified during detailed final site plan review. 2. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 3. In accordance with the current Master Street and Highway Plan, a right-of-way dedication is required along North Lynnhaven Road to provide for an ultimate four lane undivided highway. Approximately 3 feet of dedication is required. 4. No overnight outside storage of vehicles will be permitted. 5. Additions to be constructed shall be of a colonial style. 6. The existing sign shall come into conformance with the current zoning requirements. 7. Public restrooms shall be provided. \>.;,\., KINGS GRANT. CljiGO ~genda It 3 The 1989 approval was for an additional five (5) service bays, a canopy, and relocation of the fuel pumps in a different layout than the current proposal. Only the proposed canopy and new fuel pumps were actually constructed. Staff actually objected to the 1989 proposal, noting that the location of a total of eight (8) service bays was inappropriate, citing the incompatibility of a large auto service facility in a "small scale neighborhood center." The 1989 report stated that the proposed expansion to eight (8) bays was "not in keeping with the surrounding development." A drive-through access in the rear of the.building was not considered at that time, and since it is now being proposed, a modification to the 1989 approval is required. Specifically, the applicant's request is to add two (2) drive-through service bays, accessed via a 15-foot wide drive aisle along the western property line in an area that currently is grassed lawn and 500 square feet of storage at the rear of the existing structure. The proposed elevation and rendering depict an attractive addition to the existing building and attempts to mimic the existing exterior building materials of siding, brick, and a slate roof. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is developed with a motor vehicle service facility with fuel sales. SURROUNDING LAND USE AND ZONING: North: South: East: West: . Assisted living facility / 0-2 Office District . Open space / R-1 0 Residential District . Convenience store / B-2 Community Business District . North Lynnhaven Road . Single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: This site is located within the Chesapeake Bay watershed. There do not appear to be any significant environmental features on the site as it is already developed as a gas and service station. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana, outside the area of concern. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): North Lynnhaven Road is a two (2) lane undivided collector street. There are no plans to improve this portion of the roadway. ~',./"" /':",.." """"'-'.,"" ~,,,,," "' .... ,._--,.... " -,.,....",..,. KINGSGRAI\JT CITGO Agenda It 3 2 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume North Lynnhaven 4,440 AOT 6,200 AOT T (Level of Existing Land Use <!- Road Service "C") - 9,900 AOT 1 1 ,090 AOT (Level of Service "0") Proposed Land Use 3 - 1,145 AOT . Average Dally Tnps 2 as defined by gas station with 3 service bays 3 as defined by gas station with 5 service bays WATER: There is a six (6)-inch and a 20-inch City water main in North Lynnhaven Road. This site has an existing meter that may be used or upgraded. SEWER: There is an eight (B)-inch and a 10-inch City gravity sanitary sewer main in North Lynnhaven Road. This site is already connected to City sanitary sewer. Analysis of Pump Station 244 may be required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends partial approval of this requested modification, as conditioned below. Comprehensive Plan: The Comprehensive Plan recognizes this parcel as being within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. ' Evaluation: The proposed 40-foot by 50-foot wide, two (2)-bay addition to the existing three (3)-bay service station is attractive and blends well with the existing structure and surrounding buildings. The proposed exterior building materials include brick to match the existing structure, dentil molding with white trim, white siding, and a slate roof. As mentioned above, in 19B9, Staff recommended against a proposal for eight (B) service bays on this site, deeming the request as too excessive for a neighborhood commercial "center." That same logic can still be applied to this request for a drive aisle in the rear, perhaps even more so now that an assisted living facility would face the open bays if approved as submitted. This residence has screened porches for occupants to view the outdoors and enjoy the weather. It is not recommend that this serenity, albeit limited due to the existence of the service center and the debris placed in the rear, be disturbed by the addition of a 15-foot wide drive aisle behind the existing service station. Therefore, Staff - KINGS GRANT CITGO Agenda Itein 23 Page 3 recommends approval of the expansion of the service bays, as conditioned below, without drive-through access. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on April 24, 1989, shall remain in affect. 2. The addition to the building shall be in substantial conformance with the elevation entitled, "Renovations and Additions to: Citgo - Kings Grant," dated 10/21/06, prepared by ARCHITECTURAL STUDIO, noting that all sides of the addition shall be brick with dentil molding to match the existing structure. 3. The layout of the site pertaining to building additions, parking, and landscaping shall be substantially as depicted on the plan entitled, "Citgo - King's Grant Service Bay Addition, Preliminary Plan," dated 12/19/06, prepared by The Spectra Group, Inc., with the exception of the following: no drive aisle, parking or impervious surface shall be permitted in the rear of the building between it and the western property line other than the addition to the existing structure; and, Category VI landscaping (never installed as required by the 1989 Conditional Use Permit) shall be installed along the eastern property line. 4. Prior to the issuance of a building permit for the addition, verification by the Planning Department / Current Planning - Zoning shall be provided indicating that the storage container located on the property has been removed. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No cars shall be parked or stored in the drive aisle at any time. 7. The category VI landscaping depicted on the Plan identified in Condition #3 above shall include an eight (8) foot high, solid, vinyl fence. 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. ^":"S'<:-C KINGS GRANT CITGO Agenda Item 23 Pag~ 4 AERIAL OF SITE LOCA7FIQN>\ .. .~N/ /:. ....., " ',/, .. .. .. KINGS GRANT CITGO A~enda Item 23 Page 5 /' ~ > ~. ,/' ,,-l / c:," / / ~,~:::, 9~ -, l l / I ! ",~ ~..,"r ,/ ~'?o,;_,/ p.Y~v' ",' .:~/ /" <:l;; q; ~ ~ " ,r ~ I I I ! PROPOSED SITE PLAN KINGS GRANT CITGO Agenda Item 23 Pag~6 '" g Ue;~ z .~ <-v ~..r...$,{I ~~s ~:iirll~ ..... ..... ....ijI):tt ~~! g..."o; ,.:llf h!': " "1 l "'" ,.. ~,.,~,/ .I! e i ~ ~ o ~ Ii> ~ 8 tf " 'V k ~ - e \0 I c:':I a ~ ~ :,:;.; ~ ~ :>;; ....., .=:: ~ l:I: <::) ~ PROPOSED SITE PLAN [DETAil] ~',",:', ,- , ' KINGS GRANT CITGO Agenda Item 23 Page 7 J- I I ~l D a ..!l ~__r_>_~,= __"la",""""V_ 3rtol _'lIIli "1~ i! ,~ , I StfQU=~LB= i <<Ma~"lIUQI'" It lNVH:J S:JNI>I - O!)1l:) ~ :o~ SNOlllOOY OilY, SNell YAOIl3M 1- 5 ~ 3~ ~ "'-, ... ~i 'Z '" 8: '~ PROPOSEDFRONT_~~ ~t:^ ,~.," BUILDING ELEV AiftON--"/ ".....:; " , ~ ';. ~.""",." -'.,OJ", KINGS GRANT CITGO Agenda Item 23 p PROPOSED BUILDING RENDERING Rear & Front of Builc:t,iI'lQi: '" ""', ,\":':", KINGS GRANT CITGo" Agenda Item.23 " Page 9 ';> 1 2 3 04/24/89 09/25/01 10/23/01 04/13/99 03/25/97 Granted Granted Granted Granted Granted ZONING HISTOR,y> ":""~ " , 'w" . ',-" _,_ . ,"".",__H_ .c....-. :":"_ ::,.-.. 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'5 (5 f1i ~! ::1- ~j 9. uE ,,- _c: C . 0. .1,.,::1 '11; .,'" tJ 11 i j DISCLOSURE STAIEMEN[;'.":, ^)..:" :'" . ,F;'"-.__""'<::;"'::< '.::-."---,.' ::-:.:::;" KINGS GHANT CITGO Agenda It 3 .Pa 11 ," -, Item #23 Kings Grant Citgo Modification of Conditions 428 North Lynnhaven Road District 5 Lynnhaven March 14, 2007 REGULAR Joseph Strange: The next item is item 23. Kings Grant Citgo. An application of Kings Grant Citgo for a Modification of Conditions for a Conditional Use Permit approved by City Council on April 24, 1989. The property is located at 428 North Lynnhaven Road, District 5, Lynnhaven, with five conditions. Barry Knight: Welcome Billy. = Billy Garrington: Thank you Mr. Knight. Ladies and gentlemen of the Planning Commission, for the record, I'm Billy Garrington here on behalf of the applicant Mr. Ron Carlson, Ron Joy Construction Company. We're here to ask for a modification to the conditions that have to do with the Kings Grant Citgo station that were originally granted. I guess there were two Use Permits granted on this piece of property Mr. Chairman. The original Use Permit when the gas station was first built back in 1963 and then back in 1989.' Let me point out that both those Use Permits were before Mr. Carlson, who is the current owner of the property now, was the owner of the property. So, the original gas station was built in 1963. It was actually called Krutzinger Texaco. I can remember it very well because I worked for Mr. Krutzinger back in the early 60s. In those years, as things progress from different types of gas stations and now it is the Kings Grant Citgo station. Any of us who drive automobiles, and I thing almost all of us do, know how hard it is to find a full service gas station anywhere in the City of Virginia Beach nowadays. We always think about pulling up to a gas station now and you pump your own gas. It is a rare occasion when you have a flat tire or a fan belt break or a hose that busts, if you can ever find a full service gas, you will be the happiest person in the world if you can find someone to take care of it for you. The request that you have in front of you today is for a two-bay, actually a four bay addition that will be located on this end of the building here. I've given you copies of the rendering of what the building will look like. There will be a double bay on each side that will be able to accommodate four cars at one time, and staff has looked up the request and recommended it for approval with certain conditions. The one condition that we would ask you to modify, if you would be so willing to do would be where staff has recommended for approval without the drive aisle that we have in the back of the property. I think it was this drive aisle that you see that is shaded in blue here. As I said, these are double bays that you have here so you can conceivably have four cars there at one time being worked on. The problem is that the two cars in the back of the building are the first two that come out of the building, is that you are constantly backing cars up, and pulling cars forward in order to get those cars out of the building. There is a Item #23 Kings Grant Citgo Page 2 retirement home on this parcel of land here that is reasonably close to the back of this gas station, and we fully recognize that. What we have shown you on the site plan is the category VI landscaping that would be installed, and it calls for six foot vinyl fence but we are actually proffering doing an eight foot vinyl fence on that area, again, to make sure that this use does not cause any problem with the retirement home that backs right up to the back of it. Now that landscaping should already be installed. I'm here to tell you that was part of the Use Permit that you got back in 1989, it should have already been installed before now but it was never installed, Again, I point that out because Mr. Carlson wasn't the owner of the property back when the original Use Permit was granted but it does need to be installed, and it should be installed. Do you have any pictures of the back of the building? Carolyn Smith: Yes. = Billy Garrington: Here is the back of the building that you see now. This is the area where the drive aisle would go through and come back out about right where you see this car. All of this storage that you see back here. All of this will go away. The back of the building that looks like that now, will look like what you have here. These two additions across the back of it will be storage additions that will be put on to the back of it that to mimic the exact look of the building itself, so you no longer have any outside storage of any of that material that takes place at all. What Mr. Carlson had also said he would do, and there is a note on the site plan, these doors, if you were to agree with the drive aisle in the back of the building would only be open to allow vehicles to egress the building. They would never be left open during his normal hours of operation. His hours of operation, even though it is not in the report that you see here, he would proffer to you that Monday through Friday that he does not start before 8:00 am and stops at 6:00 pm. On Saturday, it starts at 8:00 am and stops at 1 :00. There is no automobile repair that takes place there on Sundays at all. So that is what he would be willing to proffer to you if you would be so inclined to allow him the Use Permit with the drive aisle on the back of the building. Barry Knight: Ms. Wood? Dorothy Wood: Billy, this is where my children tell me I'm going to live so I'm really interested in this. Can a car go here? Is this enough room for a car to back there? I know you said only when the doors were open right here. Is there enough room? Billy Garrington: There is not enough room. Dorothy Wood: So, there would only be a couple of times a day. Billy Garrington: That is it. Maybe, 25 to 30 trips a day and if they have 25 cars a day, they've probably had a successful day. Dorothy Wood: I think my concern is that if you could go back to the retirement home Item #23 Kings Grant Citgo Page 3 picture, my concern, I think many of the patients perhaps light cases of dementia are sitting on the porch on the second floor. Although, when I first came in today, I was opposed to it because of that but when I look at the back, I've never been to the back of Kings Grant Citgo. I've seen the front many times. Perhaps, it would look better than it does now. Would you be moving the gas? Billy Garrington: All of that goes away. Dorothy Wood: The gas? Billy Garrington: That goes. Dorothy Wood: Okay. Billy 9arrington: What you're not looking at here also that you will be seeing after this is approved is the Category VI landscaping, which is the eight foot high solid vinyl fence and all the mature trees that go along with it that are going to be between the drive aisle and this property over here, again to soften those two uses between the two of them. = Dorothy Wood: What are you going to do with the one existing tree that you have there now, that big tree? Billy Garrington: It probably will have to come down but again, if you see the row of trees that he is putting the back of it. Dorothy Wood: But they will be small? Billy Garrington: Correct. They will be small when they're planted but again, the purpose of them is to grow up and to buffer his use from their use beside it. Dorothy Wood: Thank you. Barry Knight: Mr. Horsley? Donald Horsley: Billy, where would this row of trees be there? I know that you're going to have a row of trees on a row of shrubbery. Billy Garrington: I don't think it is quite that close Mr. Horsley. If you look at this plan here, the edge of the drive aisle here is 15 feet from the property line, and when you get down here it is over 25 feet from the edge of the property line. So, there is ample road in between where that drive aisle is and where the property line is. I think what you don't get a clear picture of there is how close that retirement building is built to their rear property line as opposed to the gas station. Remember, the gas station was built in 1963. It does look like it is pretty close back there but those are the dimensions if you scale off Item #23 Kings Grant Citgo Page 4 the site plan as to the room between the drive aisle and the property line they are going to have to install that row of vegetation. Barry Knight: Mr. Crabtree? Eugene Crabtree: So, actually between the back of the retirement home and the fence that you are going to put in, it is going to be approximately how many feet between the back of the retirement home and the fence? Billy Garrington: I don't know about the retirement home because I can't go on their property but again. Here is the drive aisle right at the closest point. The edge of the drive aisle is 15 feet from the property line but by the time you get down here it is 25 feet. Eugene Crabtree: Yes, from your property line. Billy Garrington: Correct. Eugene Crabtree: Okay. I was wondering how many feet that is from the actual back of that building there? = Billy Garrington: That I don't know because in order to give you that answer, we would have to go on their property to see how close they are built to that back property line. Eugene Crabtree: So, there is no way two cars can come out of the back of your proposed new bays and turn to the right to come around the right side because of the property next door? Billy Garrington: Because of the 7-Eleven next door to it. Correct. Barry Knight: Are there any other questions Mr. Crabtree? Eugene Crabtree: No. Barry Knight: Mr. Henley has a question. Al Henley: Billy? Billy Garrington: Mr. Henley? Al Henley: Let me understand you. You said it was an eight-foot privacy fence? Billy Garrington: We had proffered to do an eight-foot privacy fence, again, to get that extra two feet. Item #23 Kings Grant Citgo Page 5 Al Henley: The plan says six. Billy Garrington: The plan says six feet but we're proffering to you that if you were to be inclined to grant the drive aisle, they would make it an eight foot solid privacy vinyl fence. The extra feet gives you that much more of a buffering for any cars that are coming in and out of the building. Al Henley: Also, what type of trees? What are they Evergreen? Billy Garrington: Well, the City has a Category VI landscaping and I'm not sure what it is but the Category VI landscaping, I think and your staff will correct me if I'm wrong. I think the most aggressive one that they have that provides the best buffering between what is a big business and a residential use beside it. Whatever the Category VI requires is what would be installed out there. . Al Henley: It depends on what the staff feels is appropriate for that location but I would proffer that an evergreen would be planted there versus a tree that in the wintertime. = Billy Garrington: A deciduous tree which in the wintertime has none. If you would want to make that part of the your conditions, if the Board's so inclined, we would agree that all the trees planted in there all would be evergreens and not deciduous. Al Henley: I don't have my magnifying glass with me today. What is the height of the caliber of tree? Carolyn Smith: Category VI is actually a minimum height six-foot solid fence with evergreen shrubs planted outboard of the fence. Category IV is a mix of evergreen trees and shrubs. Al Henley: Thank you. Billy Garrington: We would have no problem with the trees being planted being evergreen trees that stay green year round. Al Henley: But we just held the buffer especially with the solid fence, eight foot. It would help for any kind of noise or anything. Barry Knight: Is there any other questions for Mr. Garrington? Mr. Bernas? Jay Bernas: One of the things, also and I don't mind the drive aisle especially with the screening. I would want to add a condition and it wouldn't be a problem that no cars be allowed to be parked in the drive aisle and that the drive aisle remains clear. Item #23 Kings Grant Citgo Page 6 Billy Garrington: We have no problem with that at all. We could strike it as a fire lane and exit only. We would have no problem with no cars being parked in that drive aisle. We agree with that. Jay Bernas: And maybe no storage allowed since you're going to have that storage building so you will have it all cleaned and make that part of the condition. Billy Garrington: I think that is one of the conditions. Jay Bernas: One of the things that Dot had mentioned that right now, it kind of looks bad. Billy Garrington: It does. There will be no outside storage at all. Jay Bernas: I think that this could possibly be an improvement. Eugene Crabtree: Actually it is. Barry Knight: Are there any other questions? = Billy Garrington: Thank you Mr. Chairman. Barry Knight: Thank you. Mr. Strange? Joseph Strange: One other speaker and speaking in support is Bill Pope, who is the President of the Kings Grant Community League. Barry Knight: Welcome sir. Bill Pope: Good afternoon. I'm Bill Pope. I'm President of the Kings Grant Community League. I had sent a letter earlier saying that we did not oppose the building of the two- bays. At one time, I was pretty much opposed to the drive through doors. It is my understanding that the Kings Grant house property line is probably this side of the shrubs. Billy Garrington: That is correct. Bill Pope: They don't have much property behind their building. It is pretty much built to the edge. The fence, I gather would be and you're talking about a twelve foot wide drive aisle. Billy Garrington: Twelve-foot wide drive aisle. Item #23 Kings Grant Citgo Page 7 Bill Pope: The fence, I gather, would not be up against the shrubs. An eight-foot fence up against the fence makes those people on the bottom level, on the first floor blocked out if the fence goes up close to those shrubs. Do you follow me? Billy Garrington: You'll have the drive aisle and then you will have the fence because the shrubs will be on the backside of the fence. Bill Pope: I understand. What I'm saying, if the fence comes up pretty close to the shrubs, then the people on the bottom porch are going to be pretty much blocked out. Billy Garrington: At the closest point it is going to be 15 feet to his property line. At the furthest point as you get to the south is going to be more than 25 feet. Bill Pope: Okay. 15 feet should give them enough room. The only other problem that I raised, and you can see the cars. How do you use this thing (laser pointer)? Billy Garrington: Just push that button. = Bill Pope: Right through there. Kings Grant Community owns this triangle. Previously, we had a problem because they were parking their cars up on this triangle, and when we had a surveyor come out and put the stakes out there they proceeded to park further into the property. So, we ended up posting "No Trespassing" signs and going to the Third Precinct and enlisting to the Third Precinct. That didn't help too much. So, the toughest police officer went by and says if you're going to park there we're going to tow you. That seemed to take care of the situation. Our problem, and the only problem that I see, is where are they going to park? They have very limited parking there. And, I'm not saying anything to you that I haven't said to the Carlsons. They got some parking here and little bit here. But they are short on parking. As long as they don't encroach on us, we don't have a problem. Barry Knight: Thank you Mr. Pope. Are there any questions? Mr. Henley? Al Henley: Yes sir. It is on that property that is owned by the Kings Grant Civic League, that triangle that you referenced? Do you have posted signs on that? Bill Pope: I just said we do. Al Henley: I'm sorry. I didn't hear you. Bill Pope: We got three posted "No Trespassing" signs that face the service station. They are not real happy about that but that seems to be the only way we could get the point across about not parking there. Item #23 Kings Grant Citgo Page 8 Barry Knight: Ms. Wood? Dorothy Wood: We appreciate you spending your day with us. I hope you enjoyed it? Bill Pope: It has been informative. Dorothy Wood: Do you think it would be better if they just had the shrubs and didn't have the fence for the people on the bottom floor? I'm just throwing that out. Bill Pope: I thought maybe the nursing home would have come here. I don't think I should be fighting their battles. I'm aware of some of their concerns but I'm not licensed to speak. for them. Dorothy Wood: Thank you. Bill Pope: I hate to waffle on that but I really think I'm sort of stepping over the line. Dorothy Wood: I understand. Thank you. Barry Knight: Mr. Redmond has a question. -.. David Redmond: Mr. Pope, when you said they are parking on that triangle of property that you own, who is they? Are those cars that are waiting to be serviced in the bay? Bill Pope: They were customers and cars being serviced by the service station. David Redmond: So, they might be there for 7 or 8 hours. Bill Pope: No. They were there for weeks at a time. David Redmond: Week at a time? Bill Pope: In fact, I initially got our attorney to write them a letter. They had a trailer chained to one of the trees there but once they got our letter they moved it. But no, they were four car lengths in parked on our property. David Redmond: I'm familiar with the property and you use that triangular parcel of property for open space? Bill Pope: It is required to be open space when it was deeded to the community league it was stated that no structure no more than 30 inches high could be built on it. Nothing could be built that would block the commercial structures behind it. In other words, it is supposed to be an open area. Item #23 Kings Grant Citgo Page 9 David Redmond: Okay. Thank you. Barry Knight: Are there any other questions of Mr. Pope? David Redmond: Thanks for staying by the way all day. We appreciate that. Barry Knight: Mr. Crabtree? Eugene Crabtree: I got one and it is something that you don't have to do. Have you thought about planting landscaping and shrubbery across there on that triangle on the side next to it? Bill Pope: I sure did. You ought to see the tree roots. We took a look at it and for about $1,600 we could do it. Eugene Crabtree: You've answered my question. Bill Pope: Yes sir. I've looked at it. We were going to plant hollies across there. Barry Knight: Are there any other questions for Mr. Pope? = Eugene Crabtree: Barberry's do real well. Barry Knight: Thank you sir. Bill Pope: Alright. Barry Knight: Is that all? Bill Pope: You need to get better seats. Barry Knight: Mr. Garrington? Here is a chance to rebut? Billy Garrington: I don't think there is any rebuttal. Ms. Wood if you wanted us to do a smaller fence? Dorothy Wood: No sir. Billy Garrington: We would be glad to meet with and we have tried. I know that Mr. Carlson has made several calls to the Administrator of the home next door. I also have called and left my number with them several times. We have not got a first return call from them. Dorothy Wood: Make sure that your client does not park on Kings Grant property. Item #23 Kings Grant Citgo Page 10 Billy Garrington: He is in the audience and he has heard that loudly. Dorothy Wood: Has it heard it? Billy Garrington: Yes ma'am. Ron Carlson: We're copasetic. Barry Knight: Are there any questions for Mr. Garrington? Donald Horsley: Can you back up to the picture of the one that shows the back of the home? They almost got enough shrubs to cover the view from their porch from the first floor already. It looks to me. Eugene Crabtree: You're right. Donald Horsley: I don't see where putting the fence up? Dorothy Wood: I guess you're right. --.... Donald Horsley: Put a fence up there six foot just to see through traffic would be, looks to me would be fine with the landscaping. Whatever you agree with the home would be fine with me. Barry Knight: Okay. Mr. Crabtree? Eugene Crabtree: I move that we approve the application with the change of conditions as so stipulated. Barry Knight: With adding condition #6, no cars parked in the drive aisle and no outside storage. Okay. There is a motion on the f1oor. Do I have a second? Seconded by Dot Wood. A motion made by Gene Crabtree and seconded by Dot Wood. Is there any discussion? Mr. Bernas? Jay Bernas: To add the eight-foot fence they said they would provide as well. Dorothy Wood: Is that what he put in the motion? Eugene Crabtree: I thought it was already part of the condition. I thought we already said the eight-foot fence would be part of the condition. Barry Knight: I don't know if was added in there or not. We certainly can make it be part of the condition. Item #23 Kings Grant Citgo Page 11 Jay Bernas: I think six foot is Category VI. I think that is what Carolyn said. An eight- foot would be different. Carolyn Smith: It is a minimum of six foot. So, it can be higher. Barry Knight: Okay. Is there any other discussion? I'll call for the question. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON ABSENT BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND AYE STRANGE AYE WOOD AYE = Ed Weeden: By a vote of 9-0, the Board has approved the application of Kings Grant Citgo with the additional condition. Barry Knight: The meeting is adjourned. KINGS GRANT COMMUNITY LEAGUE, P.O. Box 9481 Virginia Beach, VA 23450 Ms. Carolyn Smith Department of Planning 2405 Courthouse Drive Room 115 Virginia Beach, VA 23456 Ref: Kings Grant CITGO Request to add two service bays Dear Ms. Smith: The Kings Grant Community League does not object to Kings Grant CITGO's plan to add two service bays to the existing structure. = We do, however, object to the drive through feature and the addition of a drive aisle to the rear of any of the service bays. We are concerned about the apparent lack of parking spaces since we have had recent problems with the service station parking their vehicles on Kings Grant Community League Property . We do plan to have representation at the February 14, 2007 Planning Meeting. Sincerely, ~6?tP~ Kings Grant Community League RECEIVE,[ 't~.. )1 At. 't..H\T1f}" 'j'i"'f n T"l'fH, TY'T'"?i; J[1H"'fl\. '.~' "\\.!l~!l\lu'" iiH~-'''l~' ~ iHI' \0 A........ ~. l,~"" ~.A.i' .L.i.i,[u\.e....1_lkI.b. L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BA YFRONT ADVISORY COMMITTEE BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BLUE RIBBON TAX, FEE, AND SPENDING TASK FORCE HAMPTON ROADS PLANNING DISTRICT COMMISSION - HRPD OPEN SPACE ADVISORY COMMITTEE SOCIAL SERVICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. City Council Summer Schedule O. ADJOURNMENT City of Virgir1ia Beach VBgov.com RUTH HODGES FRASER, MMC CITY CLERK PHONE (757) 385-4303 - FAX (757) 385-5669 31 May 2007 CITY HALl- BLDG. 1, STE. 281 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456.9005 HONORABLE MAYOR MEMBERS OF CITY COUNCIL In accordance with previous consensus of City Council, the regular sessions of City Council for July 3rll /4/h (~r July IlOliday] and August 1h {"National Night Out"] have been cancelled. Therefore, the following July and August City Council Session schedules will be effective: July 3Td July 1 (l' July 111' Cancelled Briefings, Informal, Formal including, Planning items Briefings, Informal, Formal, including Planning items August 1/' August 14th August 21st August 21l' Cancelled Briefings, Informal, Formal, including Planning items Briefings, Informal, Formal Briefings, Informal, Formal, including Planning items Respectfully yours, ~ Ci(r Manager Ci(r Attorney Departments Ruth Hodges Fraser, MMC City Clerk CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACnONS - V 0 I DATE: May 22, 2007 M B L D C E L E D H C R A W PAGE: I S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D I CITY COUNCIL BRIEFINGS A. VB 2007 FINAL REPORT Mac Rawls, Chairman B. EMPLOYEE BENEFITS REVIEW TASK Robert Schleh, FORCE Chairman Retiree Health Care Recommendations II/II MINUTES APPROVED 9-0 Y Y Y Y Y Y Y A Y Y A II IVI Informal/Formal Sessions May 15,2007 VEl F-I GI H-I PUBLIC HEARING LEASE OF CITY OWNED PROPERTY NO SPEAKERS Rosemont Commerce Center at Sentara Way/Avenue A I-I PUBLIC COMMENT TEN-YEAR PLAN FOR HOMELESSNESS I SPEAKER JI Resolution toAUTHORIZE the issuance of ADOPTED 9-0 Y Y Y Y Y Y Y A Y Y A K-I Public Facility Revenue Bonds not to exceed $100,354,0001 $4,025,000 Taxable Public Facility Bonds re DevelopmentAuthority 2 Ordinance to AUTHORIZE lease ofCity-owned ADOPTED BY 9-0 Y Y Y Y Y Y Y A Y Y A property at Sentara Way/Avenue A with CONSENT ROSE MONT INTERSTATE CENTER, L.L.C., ingress/egress/parking 3 Ordinance to ACCEPT/APPROPRIA TE $530,259 ADOPTED BY 9-0 Y Y Y Y Y Y Y A Y Y A Clerk of Circuit Court's Technology Trust Fund CONSENT LlI MARY K. AGRUSO enlargement of APPROVEDI 9-0 Y Y Y Y Y Y Y A Y Y A nonconforming use at 10lB 57 Y2 Street re CONDITINED, sunroom DISTRICT6 - BEACH BY CONSENT 2 HARRY R. PURKEY, JR., closure of portion of APPROVEDI 9-0 Y Y Y Y Y Y Y A Y Y A alley at 736 Surfside Avenue re property line CONDITINED, extension. DISTRICT 6- BEACH BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACrrONS - V 0 I DATE: May 22, 2007 M B L D C E L E D H C R A W PAGE: 2 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D 3/ Extensions of time reclosure at Jersey APPROVED/90 9-0 Y Y Y Y Y Y Y A Y Y A AvenueNirginia Beach Boulevard refuture DAY development (approved June 21, 2001/June 22, EXTENSION OF 2004/May 23, 2006): DISTRICT 2- TIME FOR KEMPSVILLE COMPLIANCE a LOPEIMERCY PILE TO 8/22/07, BY b CORNELIUS F.!ANTONINA BOYNTON CONSENT 4 Variance to ~5(b) of Site Plan Ord/Floodplain APPROVED/ 9-0 Y Y Y Y Y Y Y A Y Y A Regulations forGLENN H. GETIIER, JR,at CONDIT-IONED, 493 Goodspeed Road re master bedroom BY CONSENT DISTRICT 5 - L YNNHA VEN 5 Variance to ~4,4(d) of Subdivision Ord that all lots DENIED 5-3 N N Y Y A N Y A Y Y A meet CZO for EDWARD A.!KA THLEEN T. B KURPIEL at 2 184 Princess Anne Road re flag lot S DISTRICT 7-PRINCESS ANNE T A I N E D 6/ VALUE PLACE REAL ESTATE SERVICES, MODIFIED/ 8-1 Y Y Y Y Y N Y A Y Y A LLC, at 1357 Diamond Springs Road DISTRICT APPROVED/AS 4 - BA YSIDE PROFFERED, a Modification of Proffers to change use from BY CONSENT office/warehouse to hotel (Conditional 6ange of Zoning approved February 28, 2006) b CUP 121-unit limited service hotel 7 SOUTH INDEPENDENCE ACQUISITION, DEFERRED TO 9-0 Y Y Y Y Y Y Y A Y Y A L.L.C.,COZ from R-5D/R- 10 to Conditional A CITY COUNCIL 361B-4 Mixed Use/Conditional AI2 with PD-H2 SESSION JUNE at South Independence Boulevard/Princess Anne Road/I 632 Salem Road, "Spence 12,2007 Farm,"DISTRICT 1- CENTERVILLB' DISTRICT 7- PRINCESS ANNE 8 CONNIE ONE, L.L.C, re development at APPROVED AS 8-1 Y Y Y Y Y N Y A Y Y A Connie Lane/Connie Way/Baker Road: DISTRICT CONDITIONED, 4 - BA YSIDE and DISTRICT 2- KEMPSVILLE BY CONSENT a closure portion of Connie Lane b COZ from R-7.5/I-1 to Conditional AI2 APPROVED/AS 8-1 Y Y Y Y Y N Y A Y Y A PROFFERED, BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCU AcnONS - V 0 I DATE: May 22, 2007 M B L D C E L E D H C R A W PAGE: 3 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # 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 M APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S OPEN SPACE ADVISORY COMMITTEE N/O CANCELLED CITY COUNCIL SESSION OF ADDED/APPRO. 9-0 Y Y Y Y Y Y Y A Y Y A AUGUST 7,2007 RE NATIONAL NIGHT OUT VED (CRIME PREVENTION EVENT) P ADJOURNMENT: 7:03 P,M CITYWIDE TOWN MEETINGS June 19 Virginia Beach Convention Center-7:1S pm Shaping our Community and Ourselves to Protect our Waterways September 18 Time and Location to be Announced FY 2008-2010 Budget November 20 Green Run Homeowners Association Building-7:1S pm Stormwater Plans and Funding