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Home My WebLink AboutJUNE 24, 2008 AGENDACITY 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. DIEZEL, Kempsville - District 2 ROBERT M DYER„ Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach District 6 RONA. VILLANUEVA, At -Large ROSEMARY WILSON, At -Large .LAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 24 JUNE 2008 I. CITY MANAGER'S BRIEFINGS A. HISTORIC HOUSES PUBLICATION C. Mac Rawls, Chairman — VB2007 -Conference Room - B. 5K FITNESS FACILITY Cindy Curtis, Director —Parks and Recreation II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Vice Mayor Louis R. Jones B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.com 2:00 PM 4:00 PM IIV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf 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 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. LEASES OF CITY PROPERTY a. London Street, Indiana and New York Avenues, Webster Place b. New Bridge Road (rescheduled to July 1, 2008) I. CONSENT AGENDA June 10, 2008 II J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 35-37 re penalty and interest when real estate taxes are not paid on time b. Section 17-5 re concealment or unauthorized removal of books or other Library property c. Section 23-31 re petit larceny d. Section 38-1 re carrying concealed weapons 2. Ordinance/Resolution of the Agricultural Reserve Program (ARP): a. AMEND Section 11 of the Agricultural Lands Preservation (ARP) re required findings for repurchases of development rights b. AUTHORIZE and DIRECT the City Manager to execute an intergovernmental agreement between the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program easements. 3. Ordinances to REPEAL the City Code: a. Section 3-6 of the City Code re operation of Vehicles for Display, Announcements or Advertisements b. Section 23-45.1 re unlawful filming, videotaping or photographing of another 4. Ordinances re GASB45: a. ESTABLISH and PARTICIPATE a Trust for other post -employment Benefits re Virginia Pooled OPEB b. APPROPRIATE $2,000,000 from the Fund Balance of the General Fund and TRANSFER $3,000,000 from dedicated reserve for contingencies to comply with the Retiree health liability 5. Ordinance to AUTHORIZE the City Manager to execute Leases for less than five (5) years with RW White Farm, LLC for thirty-six (36) acres of City -owned land on New Bridge Road. (Defer to July 1, 2008) 6. Ordinance AUTHORIZING the City Manager to execute Leases for five (5) years or less with Virginia Beach Community Development Corporation (VBCDC) for the use of four (4) residential properties. 7. Resolution AUTHORIZING changes to the Health Care coverage available to active and retired employees. 8. Ordinance AUTHORIZING the City Manager to enter into a Lease Agreement for relocation of the Emergency Medical Services (EMS) Administration and TRANSFER $153,310 to the Department of Management Services FY 2008-09 Operating Budget re lease expenses. 9. Ordinance to ACCEPT and APPROPRIATE $821,070 in State revenue and $549,760 in fund balance from the Comprehensive Services Special Revenue Fund to the FY2007-08 Department of Human Services to fully fund mandated foster care services. 10. Ordinance to APPROPRIATE State revenue of $29,525 from designated cost recovery sources and $2,281 gift fund balance to the Fire Department's FY 2007-08 Operating Budget to facilitate designated expenditures of the Fire Department. 11. Ordinance to ACCEPT and APPROPRIATE $8,745 contribution resulting from the first annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception re a donation to three local charitable programs. K. 12. Ordinance to GRANT permits allowing certain Emergency Medical Services (EMS) agencies to operate in the City of Virginia Beach. a. American Lifeline Medical Transport b. Children's Hospital of the King's Daughters Transport c. Life Evac of Virginia Air Medical Transport d. Medical Transport e. Network Medical Systems f. Eastern Shore Ambulance Service g. Nightingale Air Ambulance PLANNING 1. Application of JOHN SARGENT for the Expansion of a Nonconforming Use for expansion and alternations at 203 62nd Street DISTRICT 5 — LYNNHAVEN DEFERRED INDEFINITELY RECOMMENDATION February 12, 2008 APPROVAL 2. Application of GLEN and VERONICA CUNNINGHAM for the closure of an alley to , incorporate this area into their existing single-family residential lot at 621 South Atlantic Avenue. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 3. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO), subdivision for MILDRED FRAZIER and REED GODFREY at 1680 Godfrey Lane to subdivide this large lot into two (2) parcels. DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit re motor vehicle sales and service at 5070 Virginia Beach Boulevard. DISTRICT 4 — BAYSIDE RECOMMENDATION DEFER TO JULY 8, 2008 5. Application of BOBBY ROWE'S DIESEL SERVICE, INC., for a Conditional Use Permit re small engine repair/automobile repair garage at 1333 Harpers Road, Suite 107, Unit D. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 6. Application of ROBYN D. VASILE for a Conditional Use Permit re home occupation (textile art) at 5713 Ranger Street DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 7. Application of MARVIN M. and GAYLE B. ROLLINS at 609 Princess Anne Road: DISTRICT 7 — PRINCESS ANNE a. Change of Zoning District Classification from AG -2 Agricultural District to Conditional B-2 Community Business District re office -warehouses, self -storage units, and a restaurant b. Conditional Use Permit for mini -warehouses RECOMMENDATION APPROVAL 8. Application of HOME ASSOCIATES OF VIRGINIA, INC. for Modification of Proffers (approved by City Council on June 13, 2006 for LBH, L.L.C.). at Princess Anne and Sandbridge Roads to relocate commercial sites and vehicular access. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 9. Application of CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions (approved by City Council on November 10, 1986, at St. Gregory the Great) 5345 Virginia Beach Boulevard, to allow the construction of a prefabricated metal storage building on a slab. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 10. Application of CILOU, L.L.C. for a Modification of Conditions [approved by City Council on May 12, 1992, and October 29, 1996, (M. R. & Mary R. Welch), October 13, 1992 (McKenzie Construction Corp.)], at 588 Central Drive re eliminating all previous conditions and establishing new conditions for the entire site. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 11. Ordinances of the CITY OF VIRGINIA BEACH: a. AMEND Section 212 of the City Zoning Ordinance (CZO), and ADD a new Section 212.2, re motor vehicle signs RECOMMENDATION APPROVAL b. AMEND Appendix D — Stormwater Management Ordinance re variances c. AMEND Appendix F - Chesapeake Bay Preservation Area Ordinance re maintenance agreements for structural best management practices, post development runoff load and impervious cover RECOMMENDATION L. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGTHS COMMISSION LOCAL FINANCE BOARD — GASB 45 OPEN SPACE ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS Schedule City Council Sessions for July and August July 1 Briefing, Informal, Formal, including Planning July 8 Briefing, Informal, Formal, including Planning July 9 — August 4 City Council Vacation August 5 Cancelled — "National Night Out" August 12 Briefing, Informal, Formal, including Planning August 19 City Council Workshop August 26 Briefing, Informal, Formal, including Planning O. ADJOURNMENT CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER APPROVAL If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 6/24/08gw www.vbgov.com I. CITY MANAGER'S BRIEFINGS -Conference Room - 2:00 PM A. HISTORIC HOUSES PUBLICATION C. Mac Rawls, Chairman — VB2007 B. 5K FITNESS FACILITY Cindy Curtis, Director —Parks and Recreation II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER — Vice Mayor Louis R. Jones B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: 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 June 10, 2008 G. AGENDA FOR FORMAL SESSION Itirsalutiott 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 HEARINGS 1. LEASES OF CITY PROPERTY a. London Street, Indiana and New York Avenues, Webster Place b. New Bridge Road (rescheduled to July 1, 2008) PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-0wned property on Tuesday, June 24, 2008 at 6:00 p.m. in the Council Chamber of the City Hall Auilding (Building #1)' at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public'. comment on , the City's proposal to lease the following property: Approximately 1999 Sq. R. of Space located at 2244 London St.; Approximately 1120 Sq. R. of Space located at 1549 Indiana Ave; Approximately 1248 Sq. R. of Space located at 1541 New York Ave.; and Approximately 1053 Sq. Ft. of Space located at 200 Webster Place. 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 TDD 711 (TDD Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228, Building 18, Virginia Beach Municipal Center at (757)385 5659. t Ruth Hodges Fraser, MMC 3 City Clerk Beacon 15, 2008 188781121 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on Tuesday June 24, 2008 at 6:00 P.M. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The' purpose of this hearing will be to obtain public comment on the City's proposal to lease the following parcels: Approximately 17 acres of land located on New Bridge'. Road 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 TDD 71:1 (TDD Telephone Device for the Deaf). Any questions concerning this matter should be directed to, the Department of Management Services - Facilities: Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center. The Facilities Management OfAce, telephone number is (757) 385 8234. Ruth Hodges Fraser, MMC City Clerk Beacon June 15, 2008 18885227 I. CONSENT AGENDA ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 35-37 re penalty and interest when real estate taxes are not paid on time b. Section 17-5 re concealment or unauthorized removal of books or other Library property c. Section 23-31 re petit larceny d. Section 38-1 re carrying concealed weapons 2. Ordinance/Resolution of the Agricultural Reserve Program (ARP): a. AMEND Section 11 of the Agricultural Lands Preservation (ARP) re required findings for repurchases of development rights b. AUTHORIZE and DIRECT the City Manager to execute an intergovernmental agreement between the Virginia Department of Agriculture and Consumer Services re the purchase of Agricultural Reserve Program easements. 3. Ordinances to REPEAL the City Code: a. Section 3-6 of the City Code re operation of Vehicles for Display, Announcements or Advertisements b. Section 23-45.1 re unlawful filming, videotaping or photographing of another 4. Ordinances re GASB45: a. ESTABLISH and PARTICIPATE a Trust for other post -employment Benefits re Virginia Pooled OPEB b. APPROPRIATE $2,000,000 from the Fund Balance of the General Fund and TRANSFER $3,000,000 from dedicated reserve for contingencies to comply with the Retiree health liability 5. Ordinance to AUTHORIZE the City Manager to execute Leases for less than five (5) years with RW White Farm, LLC for thirty-six (36) acres of City -owned land on New Bridge Road. (Defer to July 1, 2008) 6. Ordinance AUTHORIZING the City Manager to execute Leases for five (5) years or less with Virginia Beach Community Development Corporation (VBCDC) for the use of four (4) residential properties. 7. Resolution AUTHORIZING changes to the Health Care coverage available to active and retired employees. 8. Ordinance AUTHORIZING the City Manager to enter into a Lease Agreement for relocation of the Emergency Medical Services (EMS) Administration and TRANSFER $153,310 to the Department of Management Services FY 2008-09 Operating Budget re lease expenses. 9. Ordinance to ACCEPT and APPROPRIATE $821,070 in State revenue and $549,760 in fund balance from the Comprehensive Services Special Revenue Fund to the FY2007-08 Department of Human Services to fully fund mandated foster care services. 10. Ordinance to APPROPRIATE State revenue of $29,525 from designated cost recovery sources and $2,281 gift fund balance to the Fire Department's FY 2007-08 Operating Budget to facilitate designated expenditures of the Fire Department. 11. Ordinance to ACCEPT and APPROPRIATE $8,745 contribution resulting from the first annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception re a donation to three local charitable programs. 12. Ordinance to GRANT permits allowing certain Emergency Medical Services (EMS) agencies to operate in the City of Virginia Beach. a. American Lifeline Medical Transport b. Children's Hospital of the King's Daughters Transport c. Life Evac of Virginia Air Medical Transport d. Medical Transport e. Network Medical Systems f. Eastern Shore Ambulance Service g. Nightingale Air Ambulance i-^- z •, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code § 35-37 Pertaining to Penalty and Interest When Installment Not Paid on Time MEETING DATE: June 24, 2008 ■ Background: On March 25, 2008, City Council adopted a resolution that established a committee to study the penalty for late payment of real estate taxes. The committee consists of Councilmembers Wilson and Wood, City Treasurer John T. Atkinson, Management Services Department Director Catheryn Whitesell, and citizen member Todd R. Solomon. The committee met in May and considered several options to assist taxpayers who were late in paying their real estate taxes because of extraordinary circumstances or reasons beyond their control. ■ Considerations: State law authorizes City Council to adopt an ordinance that grants the City Treasurer authority, for good cause shown, to extend the due date on real estate taxes up to 90 days. The attached ordinance, which contains that authorization, provides that the Treasurer shall keep a written record of any extensions granted. The ordinance also provides that if a taxpayer is granted an extension but fails to pay the taxes within the extended time, then the taxpayer will be assessed the standard 10% penalty for late payment, as well as interest beginning on the day the taxes would have been due absent the extension. ■ Attachments: Ordinance Requested by the Committee Regarding Late Payment of Real Estate Taxes I AN ORDINANCE TO AMEND CITY CODE § 35-37 2 PERTAINING TO PENALTY AND INTEREST WHEN 3 INSTALLMENT NOT PAID ON TIME 4 5 SECTION AMENDED: 35-37 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINA 8 BEACH, VIRGINIA: 9 10 That Section § 35-37 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Sec. 35-37. Penalty -and interest when installment not paid on time. 14 15 (a) In the event any installment of taxes on real estate is not paid on or before 16 the time the same is due and payable as set forth in section 35-36, there shall be added 17 thereto a penalty of ten (10) percent of the amount of such unpaid installment or the 18 sum of ten dollars ($10.00), whichever shall be greater, and such installment and 19 penalty shall bear interest commencing on the first day following the day such taxes 20 were due, at the rate of nine and six -tenths (9.6) percent per annum during the first year 21 such taxes are delinquent, and thereafter at the rate of eight and four -tenths (8.4) 22 percent per annum. Provided however, that the penalty shall in no case exceed the 23 amount of the tax due. 24 25 (b) The assessment of a penalty under this section shall not be deemed a 26 defense to any criminal prosecution for failing to make such return of taxable property 27 as may be required by law. 28 29 (c) No amendment to this section shall reduce the amount of penalty and 30 interest which has been assessed or was assessable on delinquent taxes prior to the 31 date of such amendment. 32 33 (d) Pursuant to section 58.1-3916 of the Code of Virginia, as amended, the 34 city treasurer is hereby authorized, for good cause shown which shall be reflected in a 35 written record, to waive the penalty and interest imposed by this section. 36 37 (e) Pursuant to section 58.1-3916 of the Code of Virginia, the city treasurer is 38 hereby authorized for good cause shown which shall be reflected in a written record, to 39 extend the period of time for a taxpayer to pay real estate taxes, not to exceed ninety 40 (90) days from the due date. If any taxpayer who has been granted an extension of 41 time for filing his return fails to pay the taxes within the extended time, his case shall be 42 treated the same as if no extension had been granted, with the penalty and interest 43 beina assessed on the first day following -the day the taxes would have been due absent 44 the extension. 45 46 COMMENT 47 48 This amendment authorizes the City Treasurer to extend the date on which real estate taxes 49 are due, up to 90 days, when a taxpayer demonstrates good cause for granting such an extension. 50 The City Treasurer would be required to keep a written record of any extensions. If a taxpayer 51 who has been granted an extension fails to pay the taxes within the extended time, the taxpayer will 52 be assessed the standard 10% penalty and interest on the day after the taxes were due absent the 53 extension. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 56 of , 2008. AP*WED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 011 Chi►�i'�'.� � . CA10717 R-1 May 22, 2008 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 17-5 of the City Code Pertaining to Concealment or Unauthorized Removal of Books or Other Library Property MEETING DATE: June 24, 2008 ■ Background: The City Code provision regarding the unauthorized removal of books or other library property is inconsistent with state law. ■ Considerations: Amending City Code § 17-5 will bring the provision into conformance with state law. Because felony charges must be written under state law, this City Code provision applies only to the petit/misdemeanor larceny of items valued at less than $200. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Adopt ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police -5! City Manager � — , 6-6 eft 1 AN ORDINANCE TO AMEND SECTION 17-5 2 OF THE CITY CODE PERTAINING TO 3 CONCEALMENT OR UNAUTHORIZED 4 REMOVAL OF BOOKS OR OTHER LIBRARY 5 PROPERTY 6 7 SECTION AMENDED: § 17-5 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 17-5 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 15 Sec. 17-5. 16 Concealment of book or other property while on premises of library, removal of 17 book or other property from library. 18 19 Any PeFson who, 20 , 21 eF any of its bFanGhes, 22 23 24 Whoever, without authority, with the intention of converting to his own or 25 another's use willfully conceals a book or other property valued at less than two 26 hundred dollars ($200) from any public library or any of its branches, mobile units or 27 collections while still on the premises of such library or facility, or willfully or without 28 authority removes any book or other property valued at less than two hundred dollars 29 ($200) from any of the above libraries facilities or collections, shall be deemed guilty of 30 petit larceny, which is punishable as set forth in City Code section 23-31. Proof of the 31 willful concealment of such book or other library property while still on the premises of 32 such library or facility shall be prima facie evidence of intent to commit larceny. 33 34 COMMENT 35 36 This amendment brings the City Code provision into conformance with Code of Virginia § 37 42.1-73 and applies to the theft of library property valued at less than $200. Larceny of property 38 valued at $200 or more would be a felony, and all felony charges must be written under the state 39 code provision. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2008. APPROVED AS TO CONTENT: o ice Departmen CA10791 R-3 June 13, 2008 APPROVED AS TO LEGAL SUFFICIENCY: City Atto Nce 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 23-31 of the City Code Pertaining to Petit Larceny MEETING DATE: June 24, 2008 ■ Background: The 2008 General Assembly adopted a change to Code of Virginia § 19.2-299.2 that will require a court that has convicted a person of a second offense of petit larceny to order participation in substance abuse screening or the local Alcohol Safety Action Program. The City Code section regarding petit larceny does not yet reflect this change. ■ Considerations: Amending City Code Section 23-31 will incorporate the state code provision requiring the court to refer a person convicted of a second offense of petit larceny to substance abuse screening or the local Alcohol Safety Action Program. The effective date of this ordinance is July 1, 2008—the same date on which the new state law requirement goes into effect. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Adopt ordinance. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Ag: Police&)K- City Manager: <1W11A 7.4N 64 -4L` 1 AN ORDINANCE TO AMEND SECTION 23-31 2 OF THE CITY CODE PERTAINING TO PETIT 3 LARCENY 4 5 SECTION AMENDED: § 23-31 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-31 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 23-31. Petit larceny. 14 15 (a) Any person who: 16 17 (1) Commits larceny from the person of another of money or other thing of 18 value of less than five dollars ($5.00), or 19 20 (2) Commits simple larceny not from the person of another of goods and 21 chattels of the value of less than two hundred dollars ($200.00), shall be deemed 22 guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor. 23 Upon a second conviction of petit larceny, the court shall order participation in a 24 local alcohol safety action program or substance abuse screening in accordance 25 with the provisions of Code of Virginia $ 19.2-299.2. 26 27 (b) Any person convicted of an offense under this section, when it is alleged 28 in the warrant or information on which such person is convicted, and admitted, or found 29 by the jury or judge before whom such person is tried, that such person has been before 30 sentenced in the United States for any offense deemed to be larceny by the law of the 31 sentencing jurisdiction, shall be confined in jail not less than thirty (30) days nor more 32 than twelve (12) months. 33 34 Be it further ordained that the effective date of this ordinance is July 1, 2008. 35 36 COMMENT 37 38 Amending City Code Section 23-31 will incorporate the state code provision requiring the 39 court to refer a person convicted of a second offense of petit larceny to substance abuse screening or 40 the local Alcohol Safety Action Program. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA10789 R-2 June 10, 2008 4ii F� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 38-1 of the City Code Pertaining to Carrying Concealed Weapons MEETING DATE: June 24, 2008 ■ Background: - City Code § 38-1 prohibits the carrying of concealed weapons, unless the person has a concealed weapons permit or meets one of the numerous criteria set forth in state law for persons who are exempt from the permit requirement. As it frequently has done in the past, the General Assembly again this year amended Code of Virginia § 18.2-308.8.7 to provide that certain additional persons may carry a concealed weapon without obtaining a concealed weapons permit. The City Code section pertaining to concealed weapons does not yet reflect this change. ■ Considerations: This amendment will bring the City Code into compliance with changes to state law by referencing the state code section that contains numerous exemptions to the concealed weapon prohibition. Because reference is made to the state law exceptions, there is no need to detail each of those exceptions in the City Code, so those provisions have been deleted. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Adopt ordinance. ■ Attachments: Ordinance Recommended Action: Approval e4 Submitting Department/Agency: Police City Manager. UP''Z 1 AN ORDINANCE TO AMEND SECTION 38-1 2 OF THE CITY CODE PERTAINING TO 3 CARRYING CONCEALED WEAPONS 4 5 SECTION AMENDED: § 38-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 38-1 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 38-1. Carrying concealed weapons. 14 15 (a) If any person carries about his person, hidden from common observation, 16 (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any 17 kind by action of an explosion of any combustible material, (ii) any dirk, bowie knife, 18 switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or 19 blackjack, (iii) any flailing instrument consisting of two (2) or more rigid parts connected 20 in such a manner as to allow them to swing freely, which instrument may also be known 21 as a nunchuck, nunchanka, nunchalcu, shuriken or fighting chain, (iv) any disc, of 22 whatever configuration, having at least two (2) points or pointed blades which is 23 designed to be thrown or propelled and which may be known as a throwing star or 24 oriental dart, or (v) any weapon of like kind as those enumerated in this section, he shall 25 be guilty of a Class 1 misdemeanor, and such weapon shall be forfeited to the city and 26 may be seized by an officer as forfeited, and such as may be needed for police officers 27 and conservators of the peace shall be devoted to that purpose, and the remainder shall 28 be destroyed by the officer having them in charge. For the purposes of this section, a 29 weapon shall be deemed to be hidden from common observation when it is observable 30 but is of such deceptive appearance as to disguise the weapon's true nature. 31 32 (b) This section shall not apply to many person carrying a concealed weapon 33 in accord with permission granted by a circuit court pursuant to section 18.2-308 of the 34 Code of Virginia: or(ii) any person otherwise authorized to carry a concealed weapon 35 pursuant to section 18.2-308 Virginia Code. 36 37 (c) Thus seGWn shall not apply te'-Z 38 39 (1) Any P-er-sen while On has own plaGe of abode OF GUFtilage the 40 41 tFavel in the eemmenwealth; 42 (3) Any Fegularly enrolled member of a taFget sheating eFganizatien he is at, 43 OF gGlRg tG OF fFOFA, an established shooting range, provided that the weapG% 44 91 (e) As used in this section: 92 (1) Spring stick means a spring-loaded metal stick activated by pushing a 93 button which rapidly and forcefully telescopes the weapon several times its 94 original length. 95 (2) Ballistic knife means any knife with a detachable blade that is propelled by 96 a spring -operated mechanism. 97 98 COMMENT 99 100 This amendment will bring the City Code into compliance with changes to state law by 101 referencing the state code section that contains numerous exemptions to the concealed weapon 102 prohibition. Because reference is made to the state law exceptions, there is no need to detail each of 103 those exceptions in the City Code. 104 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: R-3 June 18, 2008 t4 tiy��,fi�. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Repeal Section 3-6 of the City Code pertaining to the Operation of Vehicles for Display or Announcements or Advertisements MEETING DATE: June 24, 2008 ■ Background: Currently, the subject of vehicular advertising is covered in both City Code Section 3-6 and in City Zoning Ordinance §212 (h). While the two provisions are similar, they prescribe different penalties. Violations of Section 3-6 are criminal in nature (Class 3 misdemeanors), while violations of CZO Section 212(h) are punishable by civil penalties and are not criminal in nature. ■ Considerations: On June 10, the City Council will consider an ordinance amending the City Zoning Ordinance provisions to strenghten the City's vehicular sign regulations. If the proposed amendments are adopted, a conflict between those amendments and Section 3-6 would arise, so as to necessiate the repeal of Section 3-6. However, even if City Council does not adopt a new vehicle sign ordinance, Section 3-6 should be repealed to avoid differences in the penalty provisions, a slight variation in the language, and to avoid duplicative ordinances. ■ Public Information: The repeal of this ordinance has been advertised as required. No special advertising is required. ■ Alternatives: As stated above, if the City Council adopts an ordinance amending the City's vehicular sign regulations in the City Zoning Ordinance, Section 3-6 must be repealed. Even if the regulations left unchanged, repeal of Section 3-6 is recommended, as the civil penalty provisions in the CZO are more appropriate and more effective as enforcement tools than the criminal penalties prescribed in Section 3- 6. ■ Recommendations: Adoption of ordinance repealing City Code Section 3-6. ■ Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: Planning City Manager:rk "b6wA 1 AN ORDINANCE TO REPEAL SECTION 3-6 OF 2 THE CITY CODE PERTAINING TO THE 3 OPERATION OF VEHICLES FOR DISPLAY OR 4 ANNOUNCEMENTS OR ADVERTISEMENTS 5 6 Section Repealed: § 3-6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINA 9 BEACH, VIRGINIA: 10 11 That Section 3-6 of the City Zoning Ordinance is hereby repealed and reordained 12 to read as follows: 13 14 Chapter 3. ADVERTISING 15 16 ARTICLE I. IN GENERAL 17 18 .... 19 20 Sec. 3-6. 21 (Reserved) 22 23 , any tFUGk, YaR, wageR 24 25 . 26 27 , 28 vans, 29 30 advertising. 31 32 (G) A violation of this seratien shall GOR6titute a Class 3 misdmeanOF. 33 34 COMMENT 35 36 The amendments repeal this section, as the subject of vehicular signage is more 37 comprehensively addressed in the City Zoning Ordinance. 38 39 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 42 of , 2008. APPROVED AS TO CONTENT CA10710 R-2 May 19, 2008 APPROVED AS TO LEGAL SUFFICIENCY: City A omey's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Repeal Section 23-45.1 of the City Code Pertaining to Unlawful Filming, Videotaping or Photographing of Another MEETING DATE: June 24, 2008 ■ Background: City Code § 23-45.1 prohibits unlawful filming, videotaping or photographing of another person, without consent, when the person is undressed or under other specific circumstances. The City Code provision is based on, and is nearly identical to, current Code of Virginia § 18.2-386.1. Earlier this year, however, the General Assembly approved an amendment to that state code section, which is effective on July 1, 2008. That change provides that certain repeat offenders can be charged with a Class 6 felony. Only violations of state law, and not violations of City ordinances, may be charged as felonies. In order to resolve the pending discrepancy between the revised state law and the City Code section, the City Code section could be amended with a complex reference to the circumstances under which certain repeat violations should instead be written under the state law, or the redundant City Code provision could be completely repealed. ■ Considerations: The City Code section was first enacted by City Council in 1999, and it has been amended twice since then. During the nearly nine years since this City Code section was added, Police records show that not even one charge has been written under the City Code. If the City Code section is repealed, the City's police officers will continue to protect the public against this type of activity by issuing summonses and requesting warrants pursuant to the state code provision. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Adopt ordinance repealing the City Code section. ■ Attachments: Ordinance Recommended Action: Approval / Submitting Department/Agency: Police/`�Kp/ '1 City Manager: !�- 1 AN ORDINANCE TO REPEAL SECTION 23- 2 45.1 OF THE CITY CODE PERTAINING TO 3 UNLAWFUL FILMING, VIDEOTAPING OR 4 PHOTOGRAPHING OF ANOTHER 5 6 SECTION REPEALED: § 23-45.1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 23-45.1 of the Code of the City of Virginia Beach, Virginia, is hereby 12 repealed: 13 14 Ser.. 23-46.1. UR'aM4U' filming, videotaping OF PhGtGgFaPhiR-.' 15 16 17 18 19 20 Rude, Glad iR uRdeFgaFmentr,, 21 22 23 24 25son, iRtimate 26 27 28 29 , 30 expeGtafi ;y- 31 32 (b) This seGtigR shall Rot apply to filmiRg, videetap4;9 9F Ph9teqFaphiRg--GF 33 34 35 36 37 i. 1, 38 GF filMiRg pwsuant to GhapteF 6 (§ 19.2-61 et seq.) - f title 19.2 ef the Code 39 40 41 42 m+sdemeaRGF. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA10790 R-2 June 16, 2008 1 !�w N51 fy14 � J� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Agricultural Reserve Program: (1) Resolution Re: Intergovernmental Agreement (2) Ordinance Amendments MEETING DATE: June 24, 2008 ■ Background: The Virginia Department of Agriculture and Consumer Services (VDACS) has determined that the City Beach is eligible for State funding over the next two years in the maximum cumulative amount of $403,219.75, as reimbursement for certain of the costs incurred by the City in connection with the purchase of farmland preservation easements under the City's Agriculture Reserve Program (ARP). Subject to the approval of the City Council, the City Staff and VDACS have agreed upon the terms of an Intergovernmental Agreement (IA) providing for such funding, Two items concerning this matter are on the City Council agenda. The first is a Resolution authorizing and directing the City Manager to execute the IA on behalf of the City; the other is an ordinance amending Section 11 of the ARP Ordinance that will be necessary if the IA is approved by the City Council. ■ Considerations: Intergovernmental Agreement: The agreement provides that VDACS will reimburse the City for certain of the costs of acquiring ARP easements. Costs eligible for reimbursement include: (1) the costs of U.S. Treasury STRIPS bought by the City to fund the purchase of the easement; (2) the cost of one appraisal; (3) attorney's fees; (4) the costs of one survey; (4) title insurance fees; and (5) public notice costs. The IA also allows the City to be reimbursed for certain other costs that, under current practice, are not incurred by the City in the course of acquiring ARP easements. These include certain debt service on the financed portion of the purchase price of an ARP easement and portions of the purchase price of an ARP easement that the City will prepay. The IA also places a maximum amount on the reimbursement for any single ARP transaction. That amount, however, is unlikely to be exceeded, and it is thus anticipated that the City will be reimbursed in any single transaction for 100% of the costs listed above, up to the maximum cumulative amount of $403,219.75. A Summary of Material Terms is included in the agenda package for this item. ARP Ordinance Amendments: Section 10.1-1702 of the Virginia Code (the Open -Space Land Act) and certain uncodified legislation enacted by the 2000 General Assembly set forth certain findings that must be made by the City Council in order to allow a property owner to repurchase the development rights previously sold to the City under the ARP. One set of required findings must be made in cases in which state or federal funds were used in connection with the purchase of the development rights, and a different set of findings must be made when no such funds were used. The current ARP ordinance sets forth only the findings that are required when no state or federal funds have been used, since no such funds have been available to date for use in acquiring ARP easements. If the City Council approves the Intergovernmental Agreement, thus making state funding available, the ARP Ordinance must be amended so as to set forth the findings that must be made when state or federal funds were used to acquire ARP easements that are the subject of a repurchase petition. Subsection (d) sets forth the required findings that must be made when state or federal funds were used in connection with the original ARP transaction. These are the findings that must be made if a property owner whose development rights were purchased using VDACS funds under the Intergovernmental Agreement seeks to repurchase those development rights in the future. Subsection (c) sets forth the required findings for repurchases where no state or federal funds were used, and technical amendments are made to that subsection. ■ Public Information: No special advertising is required. ■ Recommendations: Adoption of Resolution and Ordinance ■ Attachments: Ordinance, Resolution and Summary of Material Terms Recommended Action: Approval of the Ordinance and Res Submitting Department/Agency: Agriculture Department City Manager: uelL 1 AN ORDINANCE TO AMEND SECTION 11 OF THE 2 AGRICULTURAL LANDS PRESERVATION ORDINANCE, 3 PERTAINING TO REQUIRED FINDINGS FOR 4 REPURCHASES OF DEVELOPMENT RIGHTS 5 6 Sections Amended: Agricultural Lands Preservation 7 Ordinance Section 11 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 11 of the Agricultural Lands Preservation Ordinance (City Code 15 Appendix J) is hereby amended and reordained to read as follows: 16 17 APPENDIX J. AGRICULTURAL RESERVE PROGRAM 18 .... 19 20 Sec. 11. Nature of rights acquired; repurchases; exchanges. 21 22 (a) No interest in land other than a perpetual agricultural land preservation 23 easement shall be acquired by the city pursuant to the provisions of this Ordinance, and 24 no such interest shall be acquired by the exercise of the power of eminent domain. The 25 acquisition of a preservation easement by the city shall not confer upon the public any 26 right of entry or access, or any other rights, express or implied. 27 28 (b) The acquisition of a preservation easement by the city shall extinguish the 29 right of the landowner to develop the property for any use other than: 30 31 (1) An agricultural use, as defined in section 4; and 32 33 (2) Upon proper subdivision of the property, one (1) single-family dwelling on 34 each building site reserved for such purposes in the preservation easement and 35 accessory uses as allowed by Section 401(b) of the City Zoning Ordinance. Lots 36 so subdivided shall, to the extent possible, contain no more than three (3) acres 37 of land encumbered by the preservation easement. 38 39 (c) Upon the expiration of twenty-five (25) years from the date on which a 40 preservation easement is recorded, the landowner or successor in interest to the 41 property which is subject to the easement may petition the city council to repurchase the 42 development rights and extinguish the preservation easement on such property. The 43 city council may, by vote of no less than three-fourths of all of its members, and in 44 accordance with all other procedural requirements then governing the sale of municipal 45 interests in land, authorize the sale of such development rights to the petitioning party at 46 the then -current fair market value of such development rights and upon such terms and 47 conditions as may be fair and reasonable. No such sale shall be authorized, however, 48 unless the city council determines by ordinance that: 49 50 (1) The sale of such development rights is essential to the orderly - 51 development and growth of the city; and 52 53 (2) The preservation easement is no longer needed for open -space purposes 54 and the substitution of other real property is not feasible; 55 56 (2 3) The development of the property for nonagricultural uses would not be in 57 conflict with the Comprehensive Plan then in effect; and 58 59 (4) No state or federal funds were used in connection with the acquisition of 60 the preservation easement that is the subject of the repurchase petition. 61 62 (d) 63 GAy Where state or federal funds were used by the city in connection with the 64 acquisition of the preservation easement that is the subject of the repurchase petition, 65 other preservation easements of (i) at least equal fair market value, (ii) of greater value 66 as permanent open space, and (iii) of as nearly as feasible equivalent usefulness and 67 location for use as permanent open -space land as the property which is the subject of 68 the petition shall be acquired, unless the city council determines by ordinance that: (i) 69 the preservation easement upon the property which is the subject of the petition is no 70 longer needed, (ii) that substitution of other preservation easements is not feasible, and 71 (iii) that no state or federal funds were used in connection with the acquisition of the 72 development rights upon the property which is the subject of the petition. 73 74 (e) Notwithstanding any other provision of this section, at any time after a 75 preservation easement on a parcel has been acquired, the landowner may petition the 76 city council for the extinguishment of such easement in exchange for the conveyance to 77 the city of a preservation easement on a different portion of the landowner's property 78 meeting all of the eligibility criteria set forth in section 7. The city council shall approve 79 such exchange upon a finding that: 80 81 (1) The acquisition of the proposed preservation easement in lieu of the 82 existing easement does not adversely affect the City's interests in accomplishing 83 the purposes of this Ordinance; 84 85 (2) The proposed easement area meets all of the eligibility requirements set 86 forth in section 7 of this Ordinance; and 2 87 88 (3) The exchange complies with the requirements of subsection (d). 89 90 (f) The consideration for any acquisition of a preservation easement pursuant 91 to subsection (e) shall consist solely of the extinguishment of the existing preservation 92 easement. 93 94 COMMENT 95 96 The amendments to Subsections (c) and (d) clarify the findings that the City Council must 97 make in order for a property owner to repurchase the development rights upon the property. 98 Subsection (c) applies in cases in which no state or federal funds were used to purchase the 99 development rights on the subject property, while Subsection (d) otherwise applies. 100 101 102 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 103 APPROVED AS TO CONTENT: CA10786 R-2 June 16, 2008 3 APPROVED AS TO LEGAL SUFFICIENCY: // 1 / - 'a) City Attorney's Office Intergovernmental Agreement between Virginia Department of Agriculture and Consumer Services and The City of Virginia Beach Summary of Material Terms Background: City of Virginia Beach is eligible to receive $403,219.75 in State funds to purchase agricultural preservation easements through the City's Agricultural Reserve Program (ARP) Parties: The City of Virginia Beach and the Virginia Department of Agriculture and Consumer Services (VDACS). VDACS Responsibilities: VDACS will reimburse the City for certain costs of purchasing ARP easements. The maximum amount over the next two years is $403,219.75. Reimbursable costs include: • the purchase price of any Treasury STRIPS acquired to fund the purchase price of the conservation easement; • cost of title insurance; • cost of one appraisal; • one physical survey; • reasonable attorney's fees; • cost of public notices Note: Other costs are reimbursable but are not incurred by the City in the course of ARP transactions as presently structured Maximum reimbursement for a single purchase is equal to 50% of sum of the purchase price of the easement and reimbursable costs, excluding costs of STRIPS. City of Virginia Beach Responsibilities: Utilize state funds to further protect working agricultural lands by purchasing development rights. Cost: Submit a progress report each year that the agreement is effective or a subsequent agreement is in effect to (i) describe any prospective properties and the status of any negotiations, (ii) estimate the timeframes that agreements could possibly be executed, (iii) maintain a public outreach program designed to educate various stakeholders, (iv) develop and maintain a monitoring program, and (v) continually evaluate the effectiveness of the program. • If City sells development rights back to the property owner, City must reimburse VDACS in an amount proportional to VDACS' contribution toward the total reimbursable cost of acquiring the ARP easement. No associated costs are incurred by the City Duration and Termination: Initial term is two years from the date of the agreement or June 24, 2010. City may be recertified as eligible for future funding, but not guaranteed. • The agreement may be terminated if the City fails to perform any of its obligations under the terms of this agreement. • If the City fails to allocate the spending of the funds within the two year time period, monies will then be redistributed to other PDR programs. 2 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE, ON BEHALF OF THE 3 CITY, AN INTERGOVERNMENTAL AGREEMENT 4 BETWEEN THE VIRGINIA DEPARTMENT OF 5 AGRICULTURE AND CONSUMER SERVICES AND THE 6 CITY OF VIRGINIA BEACH REGARDING THE PURCHASE 7 OF AGRICULTURAL RESERVE PROGRAM EASEMENTS 8 9 10 WHEREAS, the City of Virginia Beach adopted the Agricultural Lands 11 Preservation Ordinance in May 1995, thereby establishing a comprehensive program 12 (the "Agricultural Reserve Program") for the preservation of agricultural lands within the 13 City; and 14 15 WHEREAS, since its inception of the Agricultural Reserve Program, 16 approximately 7,347 acres of land have been placed under easements restricting 17 development of the land to agricultural uses; and 18 19 WHEREAS, the General Assembly, by Chapter 847 of the 2007 Acts of 20 Assembly, has appropriated $4.25 million to the Virginia Department of Agriculture and 21 Consumer Services ("VDACS") for the establishment of a state fund to match local 22 governmental purchases of development rights program funds for the preservation of 23 working farms and forest lands; and 24 25 WHEREAS, Section 3.1-18.10 of the Code of Virginia authorizes VDACS' Office 26 of Farmland Preservation to develop methods and sources of revenue for allocating 27 funds to localities to purchase agricultural conservation easements; and 28 29 WHEREAS, VDACS has determined that the City of Virginia Beach is eligible to 30 receive contributions of funds from VDACS in reimbursement for certain costs the City of 31 Virginia Beach incurs in the course of purchasing Agricultural Reserve Program 32 easements; and 33 34 WHEREAS, the City and VDACS desire to enter into an agreement pursuant to 35 which VDACS will reimburse the City for certain costs incurred by the City in the course 36 of purchasing ARP easements, up to a cumulative maximum amount of $403,219.75, 37 for a period of two (2) years from the date of the agreement; and 38 39 WHEREAS, the complete agreement between the City and VDACS is set forth in 40 that certain document entitled "INTERGOVERNMENTAL AGREEMENT Between 41 Virginia Department of Agriculture and Consumer Services and The City of Virginia 42 Beach," dated June 24, 2008, a true copy of which agreement is on file in the City 43 Clerk's Office; and 44 45 WHEREAS, a Summary of Material Terms of the said agreement is appended 46 hereto; and 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 WHEREAS, the City Council finds that the terms of the said agreement are fair and reasonable and would be of significant benefit to the City and its citizens by providing an additional source of funds for the purchase of Agricultural Reserve Program easements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to execute the aforesaid agreement on behalf of the City and to take such measures as are necessary or advisable to implement such agreement according to its terms. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Council hereby expresses its appreciation to the Governor, the General Assembly and the Virginia Department of Agriculture and Consumer Services for their continued commitment to the preservation of agriculture within the Commonwealth and the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2008. Approved as to CA -10785 June 6, 2008 R-1 rtment iii Approved as to Legal Sufficiency: 31yj A / - & � �/' ity Attorney's Office -27 - Item V -J.5. ORDINANCES/RESOLUTIONS ITEM # 57719 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of June 24, 2008: Ordinances re the City's Employment Benefits: a. ESTABLISH a TRUST, pursuant §15.2-1544 of the Virginia State Code re other Post -Employment Benefits and Virginia Pooled OPEB Trust Fund b. AUTHORIZE participation in the Virginia Pooled OPEB Trust Fund c. ESTABLISH and APPOINT a Local Finance Board with terms of two years d APPROPRIATE $2,000,000 from the General Fund Balance e. TRANSFER $3,000,000 from the Dedicated Reserve for Contingencies re GASB 4S Retiree Health Liability compliance. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 10, 2008 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: 1. An Ordinance to Adopt a Trust for Other Post -Employment Benefits 2. An Ordinance to Appropriate $2,000,000 from the Fund Balance of the General Fund and Transfer $3,000,000 from the Dedicated Reserve for Contingencies for GASB45 to comply with the GASB45 Retiree Health Liability MEETING DATE: June 24, 2008 ■ Background: City Council and the School Board have been evaluating retiree health care issues for almost 2 years because of GASB 45 requirements. As a result, Council and the Schools have made many changes to their respective retiree health plans (also known as Other Post -Employment Benefits, or OPEB) that have resulted in a lower Actuarial Accrued Liability (AAL), and a lower Annual Required Contribution (ARC) than was considered a year ago. The accounting liability for the ARC must be shown on the City's and Schools' balance sheets and will reduce the Net Assets of each. The ARC will be discounted at a higher rate if the related funding is placed in an irrevocable trust, which results in a lower ARC; the use of a trust will result in an AAL for the City that is $35.2 million lower, and an ARC that is $2 million lower. (The Schools AAL will be $27.8 million lower, and an ARC that is $1.7 million lower). The 2007 General Assembly authorized local governments to establish trust funds for the purpose of accumulating and investing assets to fund OPEB. ■ Considerations: The City and Schools may each create a separate or joint trust. This would require that investment policies be created, investment managers retained, and monitored. Council requested that the 2008 General Assembly enact legislation that would permit the Virginia Retirement System to manage the investment of local governments' trust funds. That legislation was not enacted. The Virginia Municipal League and the Virginia Association of Counties have formed a pooled trust that offers economies of scale, and local governments may join. At this point, Fairfax, Chesterfield and Henrico have joined the VML/VACo Pooled Trust. The City Attorney has reviewed the necessary documents and has opined that the City may participate in the pooled trust. The Virginia Local Government Finance Corporation, doing business as VML/VACo Finance Program, will provide day-to-day administration, and a Board of Trustees will govern the Pooled Trust Fund. The Pooled Trust Fund will retain the services of an investment manager, as required by law. The firm that has been retained is Evaluation Associates, LLC. Index funds will be used until the Board of Trustees has developed a formal investment policy. The members of the Board of Trustees are voted in based on the proportion of invested assets. If a trust is created, Council would also need to appoint a local finance board or designate the deferred compensation board to serve as the local finance board. The local finance board would execute the Trust Joinder Agreement, would represent the beneficial interest of the City in the Pooled Trust Fund, monitor investment results, exercise voting rights under the Pooled Trust Fund, and make investment elections, if available, from investment alternatives established by the Board of Trustees of the Pooled Trust Fund. State law mandates that the local board include at least three members: the City Treasurer, the Director of Finance, and a citizen member. The attached ordinance provides that Jim Flinchum, a Virginia Beach citizen with expertise in financial matters, will serve as the citizen member for a two-year appointment. On June 17, the School Board approved a resolution whereby they (1) established an OPEB trust, (2) agreed to participate in the VACoNML Pooled Trust Fund, (3) requested to join the City's Local Finance Board, and (4) requested that City Council appoint two additional members, selected by the School Board, to the Local Finance Board. The attached ordinance authorizes the School Board to join the City's Local Finance Board and appoints the two additional board members requested by the School Board: the Chief Financial Officer of Virginia Beach City Public Schools and citizen member Ed Fissinger, who has expertise in financial matters. To comply with the FY 2007-08 ARC for the City, $2 million from the Fund Balance of the General Fund would be appropriated and $3 million from the Dedicated Reserve for Contingencies for GASB45 Retiree Health Liability would be transferred to the Non - Departmental Operating Budget. The total amount of $5 million will be remitted to the VACoNML Pooled Trust Fund by June 30, 2008. ■ Public Information: The public will be informed through the normal agenda process. ■ Recommendations: It is recommended that Council adopt the attached ordinances to authorize participation, establish a local finance board, and direct the local finance board to execute the Trust Joinder Agreement for Other Post -Employment Benefit Plans under the Virginia Pooled Trust Fund. It is also recommended that the Council appropriate $2,000,000 from the Fund Balance of the General Fund and Transfer $3,000,000 from Dedicated Reserve for Contingencies for GASB45 to comply with the GASB45 Health Liability. ■ Attachments: Ordinance to Adopt a Trust for Other Post -Employment Benefits Virginia Pooled Trust Fund Agreement Trust Joinder Agreement for Virginia Pooled OPEB Trust Fund Ordinance to Fund the Trust Adopted School Board Resolution Recommended Action: Approval of Ordinance Submitting Department/Agency: Finance City Manager:4 C 1 AN ORDINANCE TO ADOPT A TRUST FOR 2 OTHER POST -EMPLOYMENT BENEFITS 3 4 WHEREAS, Section 15.2-1500 of the Virginia Code provides, in part, that every 5 locality shall provide for all the governmental functions of the locality, including the 6 employment of the officers and other employees needed to carry out the functions of 7 government; and 8 9 WHEREAS, in connection with the employment of the officers and other 10 employees, the City of Virginia Beach has established certain plans to provide post - 11 employment benefits other than pensions (herein "Other Post -Employment Benefits"), 12 as defined in Section 15.2-1545 of the Virginia Code, to certain retirees and their 13 spouses and eligible dependents; and 14 15 WHEREAS, Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code 16 (§§ 15.2-1544 et seq.) provides that the governing body of a city may establish a trust 17 for the purpose of accumulating and investing assets to fund Other Post -Employment 18 Benefits; and 19 20 WHEREAS, Section 15.2-1300 of the Virginia Code provides that any power, 21 privilege or authority exercised or capable of exercise by any political subdivision of the 22 Commonwealth of Virginia may be exercised and enjoyed jointly with any other political 23 subdivision of the Commonwealth having a similar power, privilege or authority pursuant 24 to agreements with one another for joint action pursuant to the provisions of that 25 section; and 26 27 WHEREAS, any two or more political subdivisions may enter into agreements 28 with one another for joint action pursuant to the provisions of Section 15.2-1300 of the 29 Virginia Code provided that the participating political subdivisions shall approve such 30 agreement before the agreement may enter into force; and 31 32 WHEREAS, the County of Fairfax, Virginia and the County of Henrico, Virginia 33 have determined to jointly establish and participate in the Virginia Pooled OPEB Trust 34 Fund (the "Trust Fund"); and 35 36 WHEREAS, it appearing to the Council of the City of Virginia Beach that it is in 37 the best interests of the City to become a participating employer in the Trust Fund. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA THAT: 41 42 1. That the City does hereby establish a trust pursuant to Section 15.2-1544 43 of the Virginia Code for the purpose of accumulating and investing assets to fund Other 44 Post -Employment Benefits, in the form set forth in the Virginia Pooled OPEB Trust Fund 45 Agreement (the "Agreement"), a copy of which is attached here as Exhibit A. 46 47 2. That the City does hereby agree to become a "Participating Employer' in 48 the "Virginia Pooled OPEB Trust Fund" (hereinafter, the "Trust Fund"), as further 49 defined in the Agreement. 50 51 3. That in accordance with Section 15.2-1547 of the Virginia Code, City 52 Council does hereby appoint the following individuals to the local finance board to serve 53 as the trustee of the City with respect to the Trust Fund, and as the "Local Finance 54 Board" as defined in the Agreement: 55 56 The Director of the Finance Department; 57 The City Treasurer; and 58 Jim Flinchum, a citizen member who is hereby appointed for a term of two years 59 that shall begin upon adoption of this ordinance. 60 61 4. That the City does hereby accept the request of the School Board of the 62 City of Virginia Beach to join the City's Local Finance Board and hereby appoints the 63 following two additional members to the Local Finance Board: 64 65 The Chief Financial Officer of Virginia Beach City Public Schools; and 66 Ed Fissinger, a citizen member who shall represent the Virginia Beach City 67 Public Schools and who is hereby appointed for a term of two years that shall begin 68 upon adoption of this ordinance. 69 70 5. That the City does hereby direct the Local Finance Board to execute and 71 deliver the Trust Joinder Agreement for Participating Employers under Virginia Pooled 72 OPEB Trust Fund ("Trust Joinder Agreement"), a copy of which is attached hereto as 73 Exhibit B. 74 75 6. That the City does hereby designate as "Other Post -Employment Benefits" 76 the health care benefits provided to certain retirees, as designated in separate 77 ordinances or resolutions that have been and will be adopted by City Council, as well as 78 the health care benefits for the spouse and eligible dependents of those retirees, to the 79 extent that such coverage is authorized by separate ordinances or resolutions that have 80 been adopted, or will be adopted, by City Council. 81 82 7. That in accordance with Section 15.2-1544 of the Virginia Code, the extent 83 of Other Post -Employment Benefits offered by the City, as well as eligibility criteria for 84 those benefits, is dependent upon appropriations and is determined as part of the 85 annual budget process, and thus the extent of such benefits, as well as the eligibility 86 criteria for the benefits, are subject to change. 87 88 8. This ordinance shall be in force and effect immediately upon its adoption 89 or passage. 90 91 Adopted by the City Council of the City of Virginia Beach, Virginia on this 92 day of , 2008. APPROVED AS TO CONTENT: CA10728 R-7 June 18, 2008 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi 1 AN ORDINANCE TO APPROPRIATE $2,000,000 2 FROM THE FUND BALANCE OF THE GENERAL 3 FUND AND TRANSFER $3,000,000 FROM 4 DEDICATED RESERVE FOR CONTINGENCIES FOR 5 GASB45 TO COMPLY WITH THE GASB45 RETIREE 6 HEALTH LIABILITY 7 8 WHEREAS, the City of Virginia Beach is required to provide an annual payment 9 under the GASB45 ruling to actuarially fund the long-term health insurance commitment 10 to retirees. This annual amount is actuarially determined at least every two years, but at 11 the City Council's direction will be done every year; and 12 13 WHEREAS, for FY 2007-08, the actuarially required contribution for the City is 14 $5,000,000, and the City is funding this amount by providing $2,000,000 from Fund 15 Balance of the General Fund and $3,000,000 from a Dedicated Reserve for 16 Contingencies for GASB45. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 1. That $2,000,000 from the Fund Balance of the General Fund is hereby 22 appropriated and $3,000,000 from the Dedicated Reserve for Contingencies for 23 GASB45 is hereby transferred to the FY 2007-08 Non -Departmental Operating Budget 24 to fund the annual required contribution for the long-term health insurance commitment 25 to retirees. 26 27 2. That the above $5,000,000 required payment shall be remitted to the 28 VACoNML Pooled Trust Fund by June 30, 2008. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 31 , 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1), QQ (i. &j Management Services CA10711 R-1 May 20, 2008 � Z_= City Attorney's Offi VIRGINIA POOLED OPEB TRUST FUND AGREEMENT THIS AGREEMENT (the "Agreement"), made by and between the Participating Employers and their Local Finance Boards who execute Trust Joinder Agreements to participate in the Virginia Pooled OPEB Trust Fund, and the individuals named as Trustees pursuant to Section 106 hereof and their successors (the "Board of Trustees"). The Participating Employers and their Local Finance Boards hereby establish with the Board of Trustees, and the Board of Trustees hereby accept, under the terms of this Agreement, a trust for the purpose of accumulating and investing assets to fund post -employment benefits other than pensions as provided in Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code (§§ 15.2-1544 et seq.) to be held for the purposes set forth herein. WITNESSETH: WHEREAS, Section 15.2-1500 of the Virginia Code provides, in part, that every locality shall provide for all the governmental functions of the locality, including, without limitation, the organization of all departments, offices, boards, commissions and agencies of government, and the organizational structure thereof, which are necessary and the employment of the officers and other employees needed to carry out the functions of government; and WHEREAS, in connection with the employment of the officers and other employees needed to carry out the functions of government, a locality may establish certain plans to provide post -employment benefits other than pensions (referred to hereinafter as "Other Post - Employment Benefits"), as defined in Section 15.2-1545 of the Virginia Code, to individuals who have terminated their service to the locality and to the dependents of such individuals; and WHEREAS, Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code (§§ 15.2-1544 et seq.) provides that the governing body of a city, county, or town, school district or the governing body of any other political subdivision that is appointed by a city, county, or town, if so authorized, may establish a trust, trusts, or equivalent arrangements for the purpose of accumulating and investing assets to fund Other Post -Employment Benefits; and WHEREAS, Section 15.2-1300 of the Virginia Code provides that any power, privilege or authority exercised or capable of exercise by any political subdivision of the Commonwealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, privilege or authority pursuant to agreements with one another for joint action pursuant to the provisions of that section; and WHEREAS, the County of Fairfax and the County of Henrico have adopted ordinances approving participation in the Virginia Pooled OPEB Trust Fund for each such locality; and WHEREAS, the Participating Employers and their Local Finance Boards and the Board of Trustees of the Virginia Pooled OPEB Trust Fund (herein referred to as the "Trust Fund") hereby establish a trust for the purpose of accumulating and investing assets to fund Other Post - Employment Benefits for Participating Employers; and WHEREAS, the parties intend that the Trust Fund hereby established, when taken together with the plans providing Other Post -Employment Benefits, shall constitute a "voluntary employees' beneficiary association" under Section 501(c)(9) and a tax-exempt governmental trust under Section 115 of the Internal Revenue Code of 1986, as amended; NOW, THEREFORE, the parties hereto mutually agree as follows: PART 1- GENERAL PROVISIONS Section 100. APPLICATION. The provisions of Part 1 are. general administrative provisions applicable to each Part of this Agreement and provisions applicable to the Board of Trustees. Section 101. DEFINITIONS. The following definitions shall apply to this Agreement, unless the context of the term indicates otherwise, and shall govern the interpretation of this Agreement: A. Administrator. The term "Administrator" means the Virginia Local Government Finance Corporation (d/b/a "VML/VACo Finance Program") or any successor designated by the Board of Trustees, with the consent of the Virginia Association of Counties and Virginia Municipal League, to administer the Trust Fund. B. Beneficiary. The term "Beneficiary" means a person designated by an Employee, in accordance with the terms of a Plan, to be entitled to benefits under such Plan, and where the context requires, includes a dependent of the Employee. C. Code. The term "Code" means the Internal Revenue Code of 1986, as amended, and, as relevant in context, the Internal Revenue Code of 1954, as amended. D. Custodian. The term "Custodian" means the banks, mutual funds, insurance companies or other qualified entities selected by the Board of Trustees, under a separate written document with each, to hold the assets of the Trust Fund. E. Effective Date. The term "Effective Date" means the date coinciding with the last to occur of each of the following events: (i) passage of an ordinance by each of the Counties of Fairfax and Henrico approving such Counties as Participating Employers in the Trust Fund; (ii) execution by the Local Finance Boards of the Counties of Fairfax and Henrico of the Trust Joinder Agreement; (iii) execution of this Agreement by all members of the initial Board of Trustees and the Administrator; and (iv) any contribution of cash to the Trust by a Participating Employer. 2 F. Employ. The term "Employee" means the employees and officials, if applicable, of an Employer, and where the context requires, includes former Employees who have terminated service with an Employer. G. Employer. The term "Employer" means (i) the governing body of any county, city, or town within the State, (ii) the governing body of any other political subdivision within the State authorized to establish a trust under Section 15.2-1544 of the Virginia Code by the governing body of any county, city, or town that appointed in whole or in part such governing body, or (iii) any appointed or elected school board within the State. H. Fiscal Year. The first fiscal year of the Trust Fund shall be a short fiscal year beginning on the Effective Date of this Agreement and ending on June 30, 2008. Each subsequent fiscal year of the Trust Fund shall begin on the first day of July and end on the thirtieth day of June. I. Investment Policy. The term "Investment Policy" means the Virginia Pooled OPEB Trust Fund Investment Policy, as established by the Board of Trustees, as amended from time to time. J. Local Finance Board. The term "Local Finance Board" means the finance board, or any retirement board or deferred compensation board appointed by the governing body of a Participating Employer to serve as the trustee of such Participating Employer with respect to the Trust Fund, in accordance with Section 15.2-1547 of the Virginia Code, by execution of the Trust Joinder Agreement. Each Local Finance Board shall be the trustee and representative of its Participating Employer for purposes of this Agreement and shall vote the beneficial interest of such Participating Employer in the Trust Fund, as prescribed in Part 3 of this Agreement. K. Other Post -Em uloyment Benefits. The term "Other Post -Employment Benefits" means any and all post -employment benefits other than pensions, including but not limited to medical, dental, vision, disability and life insurance which may be provided to Employees and Beneficiaries, as may be provided under Plans of Participating Employers. L. Participating Employer. The term "Participating Employer" means an Employer whose governing body has passed an ordinance or resolution to participate in the Trust Fund, and whose Local Finance Board, serving as the trustee of such Employer in accordance with Section 15.2-1547 of the Virginia Code, executes a Trust Joinder Agreement, as provided in Section 301 hereof. M. Plan. The term "Plan" means the plan or plans established to provide Other Post -Employment Benefits, which are maintained by Participating Employers pursuant to any applicable statute, regulation, ordinance, resolution, plan, program, policy, agreement, understanding or other arrangement for the benefit of Employees and their Beneficiaries. N. State. The term "State" means the Commonwealth of Virginia. O. Trust Fund. The term "Trust Fund" means the Virginia Pooled OPEB Trust Fund, comprised of all of the assets set aside hereunder for the purpose of accumulating and investing assets to fund Other Post -Employment Benefits. P. Trust Joinder Agreement. The term "Trust Joinder Agreement" means the agreement, in the form attached hereto as Exhibit A, pursuant to which the Local Finance Board joins in the Trust Fund, as the trustee of such Participating Employer, and agrees to be bound by the terms and conditions of the Virginia Pooled OPEB Trust Fund Agreement, as provided in Section 301 hereof. Q. Trustees. The term "Trustees" means the individuals who serve on the Board of Trustees of the Trust Fund pursuant to Section 106 hereof and their successors. R. Virginia Code. The term "Virginia Code" means the laws embraced in the titles, chapters, articles and sections designated and cited as the "Code of Virginia," under the laws of the State. Section 102. GENERAL DUTIES AND MEETINGS OF THE BOARD OF TRUSTEES. A. General Duties. The Board of Trustees and each Investment Manager appointed pursuant to this Agreement shall discharge their respective duties under this Agreement solely in the interest of Employees and Beneficiaries of the Participating Employers and: (i) except as otherwise provided by any applicable provision of any statute, regulation, ordinance, or resolution, for the exclusive purpose of providing Other Post -Employment Benefits to Employees and Beneficiaries of Participating Employers and defraying the reasonable expenses of administering the Trust Fund; (ii) with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with the same aims; and (iii) by diversifying the investments of the Trust Fund so as to minimize the risk of large losses unless under the circumstances, it is clearly prudent not to do so. However, the duties and obligations of the Board of Trustees and each Investment Manager, respectively, as such, shall be limited to those expressly imposed upon them, respectively, by this Agreement notwithstanding any reference herein to the Plans. The Board of Trustees shall administer the Trust Fund in compliance with Code Section 503(b). 1. Authority of the Trustees. The Trustees shall have the power and authority and shall be charged with the duty of general supervision and operation of the Trust Fund, and shall conduct the business and activities of the Trust Fund in accordance with this Agreement, the Trust Joinder Agreements, bylaws, rules and regulations adopted by the Board of Trustees and applicable law. 2. Trustees' Liabilities. No Trustee shall be liable for any action taken pursuant to this Agreement in good faith or for an omission except bad faith or gross negligence, or for any act of omission or commission by any other Trustee. The Trustees are hereby authorized and empowered to obtain, at the expense of the Trust Fund, liability insurance fully protecting the respective Trustees, the Administrator, and the 4 Trust Fund from any loss or expense incurred, including reasonable attorney's fees, for all acts of the Trustees except bad faith or gross negligence. The Trust Fund shall save, hold harmless and indemnify the Trustees and Administrator from any loss, damage or expense incurred by said persons or entities while acting in their official capacity excepting bad faith or gross negligence. 3. Standard of Review. In evaluating the performance of the Trustees, compliance by the Trustees with this Agreement must be determined in light of the facts and circumstances existing at the time of the Trustees' decision or action and not by hindsight. 4. Limitations on Liabilities. The Trustees' responsibilities and liabilities shall be subject to the following limitations: (a) The Trustees shall have no duties other than those expressly set forth in this Agreement and those imposed on the Trustees by applicable laws. (b) The Trustees shall be responsible only for money actually received by the Trustees, and then to the extent described in this Agreement. The Trustees shall not be under any duty to require payment of any contribution to the Trust Fund or to see that any payment made to them is computed in accordance with the provisions of the Plans. (c) The Trustees shall not be responsible for the correctness of any determination of payments or disbursements from the Trust Fund. (d) The Trustees shall have no liability for the acts or omissions of any predecessor or successor in office. (e) The Trustees shall have no liability for (i) the acts or omissions of any Investment Advisor or Advisors, or Investment Manager or Managers; (ii) the acts or omissions of any insurance company; (iii) the acts or omissions of any mutual fund; or (iv) following directions that are given to the Trustees by the Local Finance Board in accordance with this Agreement. B. Reliance on Counsel. The Board of Trustees may employ, retain or consult with legal counsel, who may be counsel for the Administrator, concerning any questions which may arise with reference to the duties and powers or with reference to any other matter pertaining to this Agreement; and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Trustees in good faith in accordance with the opinion of such counsel, and the Trustees shall not be individually or collectively liable therefor. C. Meetinas. The Board of Trustees shall meet at least quarterly, and more frequently if called, at the principal office of the Trust Fund or at such other location as may be acceptable to a majority of the Trustees. One such quarterly meeting of the Board of Trustees 5 shall be held as soon as practicable after the adjournment of the annual meeting of Local Finance Boards of Participating Employers at such time and place as the Board of Trustees may designate. Other meetings of the Board of Trustees shall be held at places within the Commonwealth of Virginia and at times fixed by resolution of the Board of Trustees, or upon call of the Chairperson of the Board or a majority of the Trustees, on not less than ten (10) days advance notice. Such notice shall be directed to the Trustees by mail to the respective addresses of the Trustees as recorded in the office of the Trust Fund. The notice of any special meetings of the Board of Trustees shall state the purpose of the meeting. A majority of the number of Trustees elected and serving at the time of any meeting shall constitute a quorum for the transaction of business. The act of a majority of Trustees present at a meeting at which a quorum is present shall be the act of the Board of Trustees. Less than a quorum may adjourn any meeting. D. Office of the Trust Fund. The Administrator shall establish, maintain and provide adequate funding for an office for the administration of the Trust Fund. The address of such office is to be made known to the parties interested in or participating in the Trust Fund and to the appropriate governmental agencies. The books and records pertaining to the Trust Fund and its administration shall be kept and maintained at the office of the Trust Fund. E. Execution of Documents. A certificate signed by a person designated by the Board of Trustees to serve as Secretary shall be evidence of the action of the Trustees, and any such certificate or other instrument so signed shall be kept and maintained at the office of the Trust Fund and may be relied upon as an action of the Trustees. F. _Appointment of Administrator. The Virginia Local Government Finance Corporation is hereby designated the Administrator. The Board of Trustees may designate any successor Administrator only with the consent of the boards of the Virginia Association of Counties and the Virginia Municipal League and shall provide compensation for the Administrator to administer the affairs of the Trust Fund. G. Duty to Furnish Information. The Local Finance Boards and the Board of Trustees shall furnish to each other any document, report, return, statement or other information that the other reasonably deems necessary to perform duties imposed under this Agreement or otherwise imposed by law. H. Reliance on Communications. The Board of Trustees may rely upon a certification of a Local Finance Board with respect to any instruction, direction, or approval of its Participating Employer and may continue to rely upon such certification until a subsequent certification is filed with the Trustees. The Trustees shall have no duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as fully authorized by the Local Finance Board and its Participating Employer. 3 Section 103. ADMINISTRATIVE POWERS AND DUTIES. A. Trustees. The Board of Trustees, in addition to all powers and authorities under common law or statutory authority, including Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code (§§ 15.2-1544 et seq.), shall have and in its sole and absolute discretion may exercise from time to time and at any time, either through its own actions, delegation to the Administrator, or through a Custodian selected by the Board of Trustees, the following administrative powers and authority with respect to the Trust Fund: 1. To receive for the purposes hereof all cash contributions paid to them by or at the direction of the Participating Employers or their Local Finance Boards. 2. To hold, invest, reinvest, manage, administer and distribute cash balances as shall be transferred to the Trustees from time to time by the Participating Employers or their Local Finance Boards and the increments, proceeds, earnings and income thereof for the exclusive benefit of Employees and Beneficiaries under the Plans of each Participating Employer. 3. To continue to hold any property of the Trust Fund that becomes otherwise unsuitable for investment for as long as the Board of Trustees in its discretion deem desirable; to reserve from investment and keep unproductive of income, without liability for interest, cash temporarily awaiting investment and such cash as it deems advisable, or as the Administrator from time to time may specify, in order to meet the administrative expenses of the Trust Fund or anticipated distributions therefrom. 4. To hold property of the Trust Fund in the name of the Trust Fund or in the name of a nominee or nominees, without disclosure of the trust, or in bearer form so that it will pass by delivery, but no such holding shall relieve the Board of Trustees of its responsibility for the safe custody and disposition of the Trust Fund in accordance with the provisions of this Agreement; the books and records of the Board of Trustees shall show at all times that such property is part of the Trust Fund and the Board of Trustees shall be absolutely liable for any loss occasioned by the acts of its nominee or nominees with respect to securities registered in the name of the nominee or nominees. 5. To employ in the management of the Trust Fund suitable agents, without liability for any loss occasioned by any such agents, selected with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with the same aims. 6. To make, execute and deliver, as trustee, any deeds, conveyances, leases, mortgages, contracts, waivers or other instruments in writing that it may deem necessary or desirable in the exercise of its powers under this Agreement. 7. To do all other acts that it may deem necessary or proper to carry out any of the powers set forth in this Section 103 or Section 202, to administer or carry out the 7 purposes of the Trust Fund, or as otherwise is in the best interests of the Trust Fund; provided, however, the Board of Trustees need not take any action unless in its opinion there are sufficient Trust Fund assets available for the expense thereof. 8. To adopt bylaws governing the Trustees' operations and procedures. 9. To contract with municipal corporations, political subdivisions and other public entities of State or of local government and private entities for the provision of Trust Fund services and for the use or furnishing of services and facilities necessary, useful, or incident to providing Trust Fund services. 10. To advise the Administrator on the establishment of expectations with regard to the provision of administrative services and the establishment of appropriate fee levels. 11. To establish and charge fees for participation in the Trust Fund and for additional administrative services provided to a Participating Employer in addition to any fees charged by other administrative service providers. 12. To collect and disburse all funds due or payable from the Trust Fund, under the terms of this Agreement. 13. To provide for and promulgate all rules, regulations, and forms deemed necessary or desirable in contracting with Local Finance Boards and their Participating Employers, in fulfilling the Trustees' purposes of providing Other Post -Employment Benefits through the Trust Fund, and in maintaining proper records and accounts. 14. To employ insurance companies, banks, trust companies, investment brokers, investment advisors, or others as agents for the receipt and disbursement of funds held in trust for Participating Employers. 15. To determine, consistent with the applicable law and the procedures under the Trust Fund, all questions of law or fact that may arise as to investments and the rights of any Participating Employer to assets of the Trust Fund. 16. Subject to and consistent with the Code and the Virginia Code, to construe and interpret the Trust Agreement and to correct any defect, supply any omissions, or reconcile any inconsistency in the Agreement. 17. To contract for, purchase or otherwise procure insurance and investment products. B. Administrator. Pursuant to an administrative services agreement between the Board of Trustees and the Administrator, the Administrator shall have the power and authority to implement policy and procedural matters as directed by the Board of Trustees as they relate to 0 the ongoing operation and supervision of the Trust Fund and the provisions of this Agreement and applicable law. Section 104. TAXES EXPENSES AND COMPENSATION OF TRUSTEES. A. Taxes. The Administrator, without direction from the Board of Trustees, shall pay out of the Trust Fund all taxes, if any, imposed or levied with respect to the Trust Fund, or any part thereof, under applicable law, and, in its discretion, may contest the validity or amount of any tax, assessment, claim or demand respecting the Trust Fund or any part thereof. B. Expenses and Compensation. The Board of Trustees is authorized to set aside from Participating Employer contributions received and the investment income earned thereon a reasonable sum for the operating expenses and administrative expenses of the Trust Fund. All remaining funds coming into the Trust shall be set aside, managed and used only for the payment of Other Post -Employment Benefits. By resolution of the Board of Trustees, Trustees may be provided a reasonable per diem fee and/or reimbursement for expenses for attendance at all meetings. Notwithstanding the preceding sentence, any person employed by a public body, including elected officials or appointed members of governing bodies of a county, city or town or other political subdivision, shall not be eligible to receive fees for services as Trustee from the Trust Fund other than reimbursement for reasonable expenses incurred in connection with his or her responsibilities as a Trustee. C. Payment of Expenses. The Board of Trustees may use and apply assets in the Trust Fund to pay or provide for the payment of all reasonable and necessary expenses which may be incurred in connection with the establishment and maintenance of the Trust Fund, including but not limited to, the employment of such administrative, legal, accounting, and other expert and clerical assistance, and the purchase or lease of such materials, supplies and equipment as the Trustees, in its discretion, may deem necessary or appropriate in the performance of its duties, or the duties of the agents or employees of the Trust Fund or the Trustees. Section 105. COMMUNICATIONS. Until notice is given to the contrary, communication to the Trustees or to the Administrator shall be sent to them at the Trust Fund's office in care of the Administrator. The Administrator's address is VML/VACo Finance Program at 1108 E. Main Street, Suite 801, Richmond, VA 23219. Section 106. APPOINTMENT, RESIGNATION OR REMOVAL OF TRUSTEES. A. Trustees. Except as otherwise provided for the initial group of Trustees and in subsections B.2 and E of this section, the Trustees shall be selected from the members of Local Finance Boards. Notwithstanding any other provision of this Agreement, no more than one member of the Local Finance Board of any particular Participating Employer shall be eligible to sit on the Board of Trustees at one time. B. Appointment of Trustees and Length of Appointment. The number of Trustees serving on the Board of Trustees shall be between five (5) and nine (9). The actual number of Trustees may be increased or decreased from time to time within this range by the Board of Trustees by resolution of the Board of Trustees. Only the Local Finance Boards, by vote taken in accordance with Section 307 hereof, may increase or decrease the range in the number of Trustees. No decrease in number shall have the effect of shortening the term of any incumbent Trustee. 1. The initial group of Trustees shall be an interim group of five (5) Trustees to establish the Trust Fund as follows: (a) one (1) individual selected by the Local Finance Board of the County of Fairfax from among its members, (b) one (1) individual selected by the Local Finance Board of the County of Henrico from among its members, and (c) three (3) individuals designated by agreement of the Virginia Association of Counties ("VACo") and the Virginia Municipal League ("VML"). With the first annual meeting of the Local Finance Boards, the Board of Trustees shall be divided into no fewer than two classes, Class A (which includes representatives of the Local Finance Boards of the two founding Participating Employers until the annual meeting of the Local Finance Boards for the Fiscal Year ending June 30, 2015 (the "Fiscal Year 2015 annual meeting")) and Class B (which includes the Trustees selected by VML and VACo until the first annual meeting of Local Finance Boards for the Fiscal Year ending June 30, 2009 (the "Fiscal Year 2009 annual meeting")). An additional Class C with two seats may be created by the Board of Trustees prior to any annual meeting, but only if there are at least seven total Participating Employers. Provided there are at least nine total Participating Employers, the Board of Trustees may create a nine -member Board of Trustees, in which case one additional seat shall be allocated to Class A and one additional seat to Class C. 2. On or after July 1, 2008, the Trustees shall solicit nominations from the Local Finance Boards for open Trusteeships and such nominees shall constitute the candidates for the election of Trustees by vote at the Fiscal Year 2009 annual meeting of the Local Finance Boards as provided in Section 307. hi the event that there are not a sufficient number of eligible nominees, nominations will be provided by the Executive Directors of the Virginia Association of Counties and the Virginia Municipal League from among the members of any Local Finance Board, local government officials or local government employees. The initial group of Trustees described in B.1(a) and (b) above shall be classified as Class A Trustees and shall serve until the Fiscal Year 2012 annual meeting of the Local Finance Boards and for one three-year term thereafter until successor Trustees are elected at the Fiscal Year 2015 annual meeting of the Local Finance Boards, in accordance with Section 106E below, from the pool of nominees selected by all Local Finance Boards. If an additional Class A Trustee seat is created for a non -founding 10 Participating Employer's Local Finance Board before the Fiscal Year 2011 annual meeting, that seat will expire at the Fiscal Year 2012 annual meeting. If such an additional Class A board seat is created subsequent to the Fiscal Year 2011 annual meeting, then it will expire at the annual meeting when the founding Participating Employers' board seats expires beginning at the annual meeting held in Fiscal Year 2015, if appropriate, and every third succeeding year thereafter. The initial group of Trustees described in B.1(c) above shall be classified as Class B Trustees and shall serve until successor Trustees are elected at the Fiscal Year 2009 annual meeting of Local Finance Boards. At the Fiscal Year 2009 annual meeting of Local Finance Boards, Trustees of Class B shall be elected to hold office for a one-year term expiring at the Fiscal Year 2010 annual meeting of Local Finance Boards until successor Trustees are elected at the Fiscal Year 2010 annual meeting of the Local Finance Boards, in accordance with Section 106E below, from the pool of nominees selected by all Local Finance Boards. , Trustees of the third class (Class C), if such a class is created, shall be elected to hold office for a two-year term expiring at the Fiscal Year 2011 annual meeting of Local Finance Boards until successor Trustees are elected at the Fiscal Year 2011 annual meeting of the Local Finance Boards, in accordance with Section 106E below, from the pool of nominees selected by all Local Finance Boards. At each annual meeting of Local Finance Boards after the annual meetings of Local Finance Boards described above, the successors to the class of Trustees whose terms shall then expire shall be identified as being of the same class as the trustees they succeed and elected to hold office for a term expiring at the third succeeding annual meeting of Local Finance Boards. If a Class C is created at a subsequent annual meeting, its seats will expire one year following the year in which the Class B seats expire. Trustees shall hold their offices until the next annual meeting of Local Finance Boards for such Trustee's respective Class and until their successors are elected and qualify. 3. At each annual meeting of the Local Finance Boards, the incumbent Trustees will present all nominations received for each class of Trustees (A, B, or C) for which an election is to be held. If a Local Finance Board does not designate a particular class for its nominee(s), such names will be included on the lists of eligible nominees for each class for which an election is to be held unless the individual named is elected to another seat. 4. No individual Trustee may be elected or continue to serve as a Trustee after becoming an owner, officer or employee of the Administrator, an Investment Advisor, an Investment Manager or a Custodian. Except as otherwise provided in B.2 above, following the first election for Trustees, no Trustee may be elected or continue to serve as a Trustee unless he or she is a member of a Local Finance Board. 11 5. Each Trustee and each successor Trustee shall acknowledge and consent to his or her election as a Trustee by giving written notice of acceptance of such election to the Chairperson of the Trustees. C. Resignation of a Trustee. 1. A Trustee may resign from all duties and responsibilities under this Agreement by giving written notice to the Chairperson of the Trustees. The Chairperson may resign from all duties and responsibilities under this Agreement by giving written notice to all of the other Trustees. Such notice shall state the date such resignation shall take effect and such resignation shall take effect on such date but not later than sixty (60) days after the date such written notice is given. 2. Any Trustee, upon leaving office, shall forthwith turn over and deliver to the Chairperson at the principal office of the Trust Fund any and all records, books, documents or other property in his or her possession or under his or her control which belong to the Trust Fund. The Chairperson, upon leaving office, shall forthwith turn over and deliver to the Administrator at the principal office of the Trust Fund any and all records, books, documents or other property in his or her possession or under his or her control which belong to the Trust Fund. D. Removal of a Trustee. Each Trustee, unless due to the resignation, death, incapacity, removal, or conviction of a felony or any offense for which registration is required as defined in Virginia Code § 9.1-902 and for whom all rights of appeal under Virginia law have expired, shall serve and shall continue to serve as Trustee hereunder, subject to the provisions of this Agreement. A Trustee shall relinquish his or her office or may be removed by a majority vote of the Trustees or ipso facto when the Employer which he represents is no longer a Participating Employer in the Trust Fund. Notice of removal of a Trustee shall be furnished to the other Trustees by the Chairperson of the Trustees and shall set forth the effective date of such removal. Notice of removal of the Chairperson shall be furnished to the other Trustees by the Administrator and shall set forth the effective date of such removal. E. Appointment of a Successor Trustee. Except as otherwise provided in part B.1 of this Section with respect to the initial two terms of Class A Trustees, in the event a Trustee shall die, resign, become incapacitated, be removed from office, or convicted of a felony or any offense for which registration is required as defined in Virginia Code § 9.1-902 and for whom all rights of appeal under Virginia law have expired, a successor Trustee shall be elected forthwith by the affirmative vote of the majority of the remaining Trustees though less than a quorum of the Board of Trustees. The notice of the election of a successor Trustee shall be furnished to the other Trustees by the Chairperson. In case of the removal, death, resignation, etc. of the Chairperson, notice of the election of a successor Trustee, and the new Chairperson, shall be furnished to the other Trustees by the Administrator. Eligible nominees will be provided by the members of the Local Finance Board of the Trustee being replaced; however, no more than one member of such board may serve as Trustee at one time. If such nominees do not receive the 12 affirmative vote of a majority of the remaining Trustees, additional eligible nominees will be provided by the Executive Directors of the Virginia Association of Counties and the Virginia Municipal League from among the members of any Local Finance Board, and, if there are an insufficient number of nominees to fill available positions, local government officials or local government employees. The term of office of any Trustee so elected shall expire at the next Local Finance Board meeting at which Trustees are elected where a successor shall be elected to complete the term for the Class to which such Trustee has been assigned. Any successor Trustee for a Class A Trustee from a founding Participating Employer with respect to the initial two terms shall be appointed by that Trustee's Local Finance Board. F. Trustees' Rights. In case of the death, resignation or removal of any one or more of the Trustees, the remaining Trustees shall have the powers, rights, estates and interests of this Agreement as Trustees and shall be charged with the duties of this Agreement; provided in such cases, no action may be taken unless it is concurred in by a majority of the remaining Trustees. Section 107. Bonding. All Trustees shall immediately make application for a fidelity bond, to any company designated by the Board of Trustees, in such amount as may be specified by the Board of Trustees. Premiums on such bonds shall be paid from the Trust Fund, which bonds shall be continued in force in such amount as the Board of Trustees may from time to time require. If a Trustee's bond is refused, or is ever cancelled, except with the Board of Trustee's approval, such Trustee may be removed from office by majority vote of the Board of Trustees and such Trustee shall be entitled to compensation, if any, to the date of such removal only. A bond for a Trustee is not required under this section if a bond is obtained for such Trustee pursuant to Section 408. PART 2 — PROVISIONS APPLICABLE TO INVESTMENTS Section 200. APPLICATION. The provisions of Part 2 apply to the investments of the Trust Fund. Section 201. ADMINISTRATION OF TRUST. A. General. All such assets shall be held by the Trustees in the Trust Fund. B. Contributions. The Board of Trustees hereby delegates to the Administrator the responsibility for accepting cash contributions to the Trust Fund and the Administrator shall have the responsibility for accepting cash contributions by Participating Employers. Contributions of a Participating Employer to fund Other Post -Employment Benefits are irrevocable. Assets held in the Trust Fund shall be dedicated to providing Other Post -Employment Benefits or to defraying reasonable expenses of the Trust Fund. Neither the Trustees nor the Administrator shall be under any duty to determine whether the amount of any contribution is in accordance with the Participating Employer's Plan or Plans or to collect or enforce payment of any contribution. All contributions by a Participating Employer shall be transferred to the Trust Fund to be held, managed, invested and distributed as part of the Trust Fund by the Trustees in accordance with the provisions of this Agreement and applicable law. 13 C. Applicable Laws and Regulations, The Board of Trustees shall be authorized to take the steps it deems necessary or appropriate to comply with any laws or regulations applicable to the Trust Fund. D. Accumulated Share. No Participating Employer shall have any right, title or interest in or to any specific assets of the Trust Fund, but shall have an undivided beneficial interest in the Trust Fund; however, there shall be a specific accounting of assets allocable to each Participating Employer. Section 202. MANAGEMENT OF INVESTMENTS OF THE TRUST FUND. A. Authority of Trustees. Except as set forth in subsections C, D, E, G or H of this Section, and except as otherwise provided by law, the Board of Trustees shall have exclusive authority and discretion to manage and control the assets of the Trust Fund held by them pursuant to the guidelines established by the Board of Trustees in the Investment Policy. B. Investment Policy. The Board of Trustees, as its primary responsibility under this Agreement, shall develop a written Investment Policy establishing guidelines applicable to the investment of the assets of the Trust Fund, and from time to time shall modify such Investment Policy, in light of the short and long-term financial needs of the Plans. The Investment Policy shall serve as the description of the funding policy and method for the Trust Fund. C. Investment Advisor. The Board of Trustees, from time to time, may direct the Administrator to appoint one (1) or more independent Investment Advisors ("Investment Advisor"), pursuant to a written investment advisory agreement with each, describing the powers and duties of the Investment Advisor with regard to the management of all or any portion of any investment or trading account of the Trust Fund. The Investment Advisor shall review, a minimum of every calendar quarter, the suitability of the Trust Fund's investments, the performance of the Investment Managers and their consistency with the objectives of the Investment Policy with assets in the portion of the Trust Fund for which the Investment Manager has responsibility for management, acquisition or disposition. If the Administrator contracted with a lead Investment Advisor prior to the establishment of this Agreement, the Board of Trustees may ratify such contract. The lead Investment Advisor will serve at the pleasure of the Board of Trustees and will be compensated for its recurring, usual and customary services as part of the fee schedule established with the Administrator. D. Investment Advisor Duties. Subject to the approval of the Board of Trustees, the Investment Advisor shall recommend an asset allocation for the Trust Fund that is consistent with the objectives of the Investment Policy. If the Board of Trustees shall approve a separate Investment Policy with respect to assets in a segregated portion of the Trust Fund, the Investment Advisor shall recommend an asset allocation for such segregated portion of the Trust Fund that is consistent with the objectives of such Investment Policy. At least annually, the Investment Advisor shall review the Investment Policy and asset allocation with the Board of Trustees. The 14 Investment Advisor shall also advise the Board of Trustees with regard to investing in a manner that is consistent with applicable law, and, as advised by the Administrator, the expected distribution requirements of the Plans. E. Investment Managers. The Board of Trustees, from time to time, may appoint one (1) or more independent Investment Managers ("Investment Manager"), pursuant to a written investment management agreement with each, describing the powers and duties of the Investment Manager to invest and manage all or a portion of the Trust Fund. The Investment Manager shall have the power to direct the management, acquisition or disposition of that portion of the Trust Fund for which the Investment Manager is responsible. The Board of Trustees shall be responsible for ascertaining that each Investment Manager, while acting in that capacity, satisfies the following requirements: 1. The Investment Manager is either (i) registered as an investment adviser under the Investment Advisers Act of 1940, as amended; (ii) a bank as defined in that Act; or (iii) an insurance company qualified to perform the services described herein under the laws of more than one state; and 2. The Investment Manager has acknowledged in writing to the Board of Trustees that it is a fiduciary with respect to the assets in the portion of the Trust Fund for which the Investment Manager has responsibility for management, acquisition or disposition. F. Custodians. The Custodian(s) shall no less frequently than annually or at the request of the Board of Trustees certify the value of any property of the Trust Fund managed by the Investment Manager(s). The Trustees shall be entitled to rely conclusively upon such valuation for all purposes under the Trust Fund. G. Investment in Insurance Contracts. The Trustees may offer one (1) or more investment options pursuant to one (1) or more agreements with insurance companies qualified to do business in the Commonwealth of Virginia. Any asset invested pursuant to such an agreement shall be held by the insurance company. Each insurance company so selected shall certify the value of the Trust Fund's interest in the property held by it at least annually. The Trustees shall be entitled to rely conclusively on such valuation for all purposes under this Agreement. H. Investment in Mutual Funds. The Trustees may offer one (1) or more investment options pursuant to one (1) or more agreements with companies offering mutual fund products. Any asset invested pursuant to such an agreement shall be held by the Trustees. Each mutual fund so selected shall certify the value of the Trust Fund's interest in that fund at least annually. The Trustees shall be entitled to rely conclusively on such valuation for all purposes under the Trust Fund. I. Absence of Trustees' Responsibility for Investment Advisor and Manager. Except to the extent provided in paragraph A of Section 102 above, the Board of Trustees, 15 collectively and individually, shall not be liable for any act or omission of any Investment Manager and shall not be under any obligation to invest or otherwise manage the assets of the Trust Fund that are subject to the management of any Investment Manager. Without limiting the generality of the foregoing, the Board of Trustees shall be under no duty at any time to make any recommendation with respect to disposing of or continuing to retain any such asset. Furthermore, the Board of Trustees, collectively and individually, shall not be liable by reason of its taking or refraining from taking the advice of the Investment Advisor any action pursuant to this Section, nor shall the Board of Trustees be liable by reason of its refraining from taking any action to remove or replace any Investment Manager on advice of the Investment Advisor; and the Trustees shall be under no duty to make any review of an asset acquired at the direction or order of an Investment Manager. J. Reporting. The Board of Trustees shall be responsible for and shall cause to be filed periodic audits, valuations, reports and disclosures of the Trust Fund as are required by law or agreements. Notwithstanding anything herein to the contrary, the Board of Trustees shall cause the Trust Fund to be audited by a certified public accounting firm retained for this purpose at least once each year. The Board of Trustees may employ professional advisors to prepare such audits, valuations, reports and disclosures and the cost of such professional advisors shall be borne by the Trust Fund. K. Commingling Assets. Except to the extent prohibited by applicable law, the Board of Trustees may commingle the assets of all Participating Employers held by the Board of Trustees under this Agreement for investment purposes in the Trust Fund and shall hold the Trust Fund in trust and manage and administer the same in accordance with the terms and provisions of this Agreement. However, the assets of each Participating Employer shall be accounted for separately. The Board of Trustees and the Administrator shall be under no duty to determine whether the amount of any contribution is in accordance with the Plans, or to collect or enforce payment of any contribution, or distribution to Plan participants. Section 203. ACCOUNTS. The Trustees shall keep or cause to be kept at the expense of the Trust Fund accurate and detailed accounts of all its receipts, investments and disbursements under this Agreement, with the Trustees accounting separately for each Investment Manager's portion of the Trust Fund. Section 204. DISBURSEMENTS FROM THE TRUST. A. Trust Payments. The Board of Trustees hereby delegates to the Administrator the responsibility for making payments from the Trust Fund. In accordance with rules and regulations established by the Board of Trustees, the Administrator shall make payments from the Trust Fund for Other Post -Employment Benefits, as directed by the Local Finance Board of each Participating Employer. Such rules and regulations shall include procedures for certification by the Local Finance Board that payments from the Trust Fund are for the purpose of. (i) paying Other Post -Employment Benefits to or on behalf of Employees or Beneficiaries, 16 (ii) paying premiums to an insurer for Other Post-Employment Benefits, (iii) an irrevocable transfer of assets to a trust, or equivalent arrangement, for providing Other Post-Employment Benefits to Employees and Beneficiaries, which trust assets are legally protected from creditors of the Participating Employer, or (iv) for any purpose permitted under Governmental Accounting Standards Board (GASB) Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions or applicable Virginia law. Payments shall be made in such manner, in such amounts and for such purposes, including the payment of Other Post-Employment Benefits under participating Plans, as may be directed by the Local Finance Board. Payments from the Trust Fund shall be made by electronic transfer or check (or the check of an agent) for deposit to the order of the payee. Payments or other distributions hereunder may be mailed to the payee at the address last furnished to the Administrator. The Trustees shall not incur any liability on account of any payment or other distribution made by the Trust Fund in accordance with this Section. Such payment shall be in full satisfaction of claims hereunder against the Trustee, Administrator or Participating Employer. B. Allocation of Expenses. The Trustees shall pay all expenses of the Trust Fund from the assets in the Trust Fund. All expenses of the Trust Fund, which are allocable to a particular investment option or account, may be allocated and charged to such investment option or account as determined by the Trustees. All expenses of the Trust Fund which are not allocable to a particular investment option or account shall be charged to each such investment option or account in the manner established by the Trustees. Section 205. -INVESTMENT OPTIONS. The Trustees shall initially establish one (1) investment option within the Trust Fund pursuant to the Investment Policy, for communication to, and acceptance by, Local Finance Boards. Following development of the initial "investment option" pursuant to the Investment Policy, the Board of Trustees may develop up to two (2) additional investment options, reflecting different risk/return objectives and corresponding asset mixes, for selection by Local Finance Boards, as alternatives to the initial investment option. The determination to add alternative investment options to the Investment Policy, and the development of each such investment option, are within the sole and absolute discretion of the Board of Trustees. The Trustees shall transfer to any deemed investment option developed hereunder such portion of the assets of the Trust Fund as appropriate. The Trustees shall manage, acquire or dispose of the assets in an investment option in accordance with the directions given by each Local Finance Board. All income received with respect to, and all proceeds received from, the disposition of property held in an investment option shall be credited to, and reinvested in, such investment option. If multiple investment options are developed, the Board of Trustees shall establish one (1) default investment option in the absence of valid Local Finance Board investment direction. If multiple investment options are developed, from time to time, the Board of Trustees may eliminate an investment option, and the proceeds thereof shall be reinvested in the default investment option unless another investment option is selected in accordance with directions given by the Local Finance Board. 17 Notwithstanding anything hereinabove to the contrary, the Board of Trustees, in its sole discretion, may establish a separate, short-term investment option or fund, to facilitate contributions, disbursements or other short-term liquidity needs of the Trust or of particular Participating Employers. Separate investment funds within the Trust Fund and varying percentages of investment in any such separate investment fund by the Participating Employers, to the extent so determined by the Board of Trustees, are expressly permitted. PART 3 — PROVISIONS APPLICABLE TO PARTICIPATING EMPLOYERS Section 300. APPLICATION. The provisions of Part 3 set forth the rights of Participating Employers. Section 301. PARTICIPATING EMPLOYERS. A. Approval. The Board of Trustees or its designee shall receive applications from Employers for membership in the Trust Fund and shall approve or disapprove such applications for membership in accordance with the terms of this Agreement, the Trust Joinder Agreement, bylaws and the rules and regulations established by the Board of Trustees for admission of new Participating Employers. Before approving the participation of any Employer that has established a Plan, the Board of Trustees or its designee shall determine and affirm that such Employer is permitted to establish a trust pursuant to Article 8, Chapter 15, Subtitle H of Title 15.2 of the Virginia Code (§§ 15.2-1544 et seq.). The Board of Trustees shall have total discretion in determining whether to accept a new member. The Board of Trustees may delegate the authority for membership approval to the Administrator. B. Execution of Trust Joinder Agreement by Local Finance Board. Each Employer will make its election to become a Participating Employer by directing its Local Finance Board to execute a Trust Joinder Agreement in such form and content as prescribed by the Board of Trustees. By the Local Finance Board's execution of the Trust Joinder Agreement, the Participating Employer agrees to be bound by all the terms and provisions of this Agreement, the Trust Joinder Agreement, the bylaws and any other rules and regulations adopted by the Trustees under this Agreement. The Local Finance Board of each Participating Employer, serving as such Employer's Trustee, in accordance with Virginia Code § 15.2-1547, shall represent such Participating Employer's interest in all meetings, votes, and any other actions to be taken by a Participating Employer hereunder. A Local Finance Board may designate one or more, but less than all, of its members to serve as the authorized representative of such Local Finance Board for purposes of this Agreement. C. Continuing as a Participating Employer. Application for participation in this Agreement, when approved in writing by the Board of Trustees or its designee, shall constitute a continuing contract for each succeeding fiscal year unless terminated by the Trustees or unless the Participating Employer resigns or withdraws from this Agreement by written notice of its Local Finance Board. The Board of Trustees may terminate a Participating Employer's participation in this Agreement for any reason by vote of three-fourths (3/) of the Board of Trustees. If the participation of a Participating Employer is terminated, the Board of Trustees 18 and the Administrator shall effect the withdrawal of such Participating Employer's beneficial interest in the Trust within one hundred eighty (180) days, by transfer of such assets to a trust, trusts or equivalent arrangement for the purpose of accumulating and investing assets to fund Other Post -Employment Benefits, established for this purpose by such Participating Employer. If withdrawal is not completed within this time period, the Board of Trustees, in its discretion, may make reasonable alternative arrangements for the distribution of the Participating Employer's beneficial interest. Section 302. Places of Meetings. All meetings of the Local Finance Boards shall be held at such place, within the Commonwealth of Virginia, as from time to time may be fixed by the Trustees. Section 303. Annual Meetings. The annual meeting of the Local Finance Boards, for the election of Trustees and for the transaction of such other business as may come before the annual meeting, shall be held at such time on such business day between September 1St and October 31St as shall be designated by resolution of the Board of Trustees. Section 304. Special Meetings. Special meetings of the Local Finance Boards for any purpose or purposes may be called at any time by the Chairperson of the Board of Trustees, by the Board of Trustees, or if Local Finance Boards together holding at least twenty percent (20%) of all votes entitled to be cast on any issue proposed to be considered at the special meeting sign, date and deliver to the Trust Fund's Secretary one or more written demands for the meeting describing the purpose or purposes for which it is to be held. At a special meeting no business shall be transacted and no action shall be taken other than that stated in the notice of the meeting. Section 305. Notice of Meetings. Written notice stating the place, day and hour of every meeting of the Local Finance Boards and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be given not less than ten (10) nor more than sixty (60) days before the date of the meeting to each Participating Employer's Local Finance Board of record entitled to vote at such meeting, at the address which appears on the books of the Trust Fund. Section 306. Quorum. Any number of Local Finance Boards together holding at least a majority of the outstanding beneficial interests entitled to vote with respect to the business to be transacted, who shall be physically present in person at any meeting duly called, shall constitute a quorum of such group for the transaction of business. If less than a quorum shall be in attendance at the time for which a meeting shall have been called, the meeting may be adjourned from time to time by a majority of the Local Finance Boards present. Once a beneficial interest is represented for any purpose at a meeting of Local Finance Boards, it shall be deemed present for quorum purposes for the remainder of the meeting and for any adjournment of that meeting unless a new record date is, or shall be, set for that adjourned meeting. Section 307. Voting. At any meeting of the Local Finance Boards, each Local Finance Board entitled to vote on any matter coming before the meeting shall, as to such matter, have one vote, in person, for each whole dollar invested in the Trust Fund standing in its name on the books of the Trust Fund on the date, not more than seventy (70) days prior to such meeting, fixed by the Board of Trustees, for the purpose of determining Local Finance Boards entitled to vote, as the 19 date on which the books of the Trust Fund are to be closed or as the record date. Notwithstanding the preceding sentence, at any meeting held after the date the fifth (5`h) Participating Employer joins the Trust, no one Local Finance Board may vote more than forty- five percent (45%) of the total votes cast. In the event that more than one member of a Local Finance Board attends a meeting, the Local Finance Board will designate one member authorized to cast its votes. If a quorum is present at a meeting of the Local Finance Boards, action on a matter other than election of Trustees shall be approved if the votes cast favoring the action exceed the votes cast opposing the action, unless a vote of a greater number is required by this Agreement. If a quorum is present at a meeting of the Local Finance Boards, Trustees for all open seats for each class of Trustees on the Board of Trustees shall be elected by a plurality of the votes cast by the beneficial interests entitled to vote in such election. Local Finance Boards at the annual meeting will vote at one time to fill all open positions within a single class of Trustees. Elections will be held by class, in the order of the length of the terms to be filled, beginning with the longest term. The designated representative of each Local Finance Board will cast up to the full number of its votes for each open position within a class of Trustees, but it may not cast votes for more than the number of open positions in such class. Those nominees receiving the largest plurality of votes, up to the number of positions to be filled, will be declared elected. Subsequent votes may be held to break any ties, if necessary, in order to elect the correct number of Trustees. PART 4 — PROVISIONS APPLICABLE TO OFFICERS Section 401. Election of Officers; Terms. The Board of Trustees shall appoint the officers of the Trust Fund. The officers of the Trust Fund shall consist of a Chairperson of the Board, a Vice -Chairperson, and a Secretary. The Secretary need not be a member of the Board of Trustees and may be the Administrator. Other officers, including assistant and subordinate officers, may from time to time be elected by the Board of Trustees, and they shall hold office for such terms as the Board of Trustees may prescribe. All officers shall hold office until the next annual meeting of the Board of Trustees and until their successors are elected. Section 402. Removal of Officers; Vacancies. Any officer of the Trust Fund may be removed summarily with or without cause, at any time, on a three-fourths (%) vote of the Board of Trustees. Vacancies may be filled by the Board of Trustees. Section 403. Duties. The officers of the Trust Fund shall have such duties as generally pertain to their offices, respectively, as well as such powers and duties as are prescribed by law or are hereinafter provided or as from time to time shall be conferred by the Board of Trustees. The Board of Trustees may require any officer to give such bond for the faithful performance of such officer's duties as the Board of Trustees may see fit. Section 404. Duties of the Chairperson. The Chairperson shall be selected from among the Trustees. Except as otherwise provided in this Agreement or in the resolutions establishing such committees, the Chairperson shall be ex officio a member of all Committees of the Board of 20 Trustees. The Chairperson shall preside at all Board meetings. The Chairperson may sign and execute in the name of the Trust Fund stock certificates, deeds, mortgages, bonds, contracts or other instruments except in cases where the signing and the execution thereof shall be expressly delegated by the Board of Trustees or by this Agreement to some other officer or agent of the Trust Fund or as otherwise required by law. In addition, he shall perform all duties incident to the office of the Chairperson and such other duties as from time to time may be assigned to the Chairperson by the Board of Trustees. In the event of any vacancy in the office of the Chairperson, the Vice-Chairperson shall serve as Chairperson on an interim basis until such vacancy is filled by subsequent action of the Board of Trustees. Section 405. Duties of the Vice-Chairperson. The Vice-Chairperson, if any, shall be selected from among the Trustees and shall have such powers and duties as may from time to time be assigned to the Vice-Chairperson. Section 406. Duties of the Secretary. The Secretary shall act as secretary of all meetings of the Board of Trustees and the Local Finance Boards in the Trust Fund. When requested, the Secretary shall also act as secretary of the meetings of the Committees of the Board of Trustees. The Secretary shall keep and preserve the minutes of all such meetings in permanent books. The Secretary shall see that all notices required to be given by the Trust Fund are duly given and served. The Secretary may sign and execute in the name of the Trust Fund stock certificates, deeds, mortgages, bonds, contracts or other instruments, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Trustees or by this Agreement. The Secretary shall have custody of all deeds, leases, contracts and other important Trust Fund documents; shall have charge of the books, records and papers of the Trust Fund relating to its organization and management as a trust; and shall see that all reports, statements and other documents required by law (except tax returns) are properly filed. Section 407. Compensation. The Board of Trustees shall have authority to fix the compensation, if any, of all officers of the Trust Fund. Notwithstanding the preceding sentence, any person employed by a public body, including elected officials or appointed members of governing bodies, shall not be eligible to receive compensation for services as an officer of the Trust Fund other than reimbursement for reasonable expenses. Section 408. Bonding. All officers shall immediately make application for a fidelity bond, to any company designated by the Board of Trustees, in such amount as may be specified by the Board of Trustees. Premiums on such bonds shall be paid from the Trust Fund, which bonds shall be continued in force in such amount as the Board of Trustees may from time to time require. If an officer's bond is refused, or is ever cancelled, except with the Board of Trustees' approval, such officer may be removed from office as provided in Section 402 and such officer shall be entitled to compensation, if any, to the date of such removal only. PART 5 — VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION PROVISIONS Section 501. Compliance with Code Section 501(c)(9). At all times, the Trust shall be administered in accordance with and construed to be consistent with Section 501(c)(9) of the Code and the regulations thereunder. 21 Section 502. Inurement. No part of the net earnings of the Trust Fund may inure to the benefit of any Participating Employer or individual other than through the payment of Other Post - Employment Benefits, except that the Trustees may pay all reasonable expenses for administration of the Trust Fund, Trustees fees and expenses, and other expenses provided for in this Agreement. PART 6 — MISCELLANEOUS PROVISIONS Section 601. Titles. The titles to Parts and Sections of this Agreement are placed herein for convenience of reference only, and the Agreement is not to be construed by reference thereto. Section 602. Successors. This Agreement shall bind and inure to the benefit of the successors and assigns of the Trustees, the Local Finance Boards, and the Participating Employers. Section 603. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute but one instrument, which may be sufficiently evidenced by any counterpart. Any Participating Employer that formally applies for participation in this Agreement by its Local Finance Board's execution of a Trust Joinder Agreement which is accepted by the Trustees shall thereupon become a party, to this Agreement and be bound by all of the terms and conditions thereof, and said Trust Joinder Agreement shall constitute a counterpart of this Agreement. Section 604. Amendment or Termination of this Agreement; Termination of Plans. A. Amendment. This Agreement may be amended in writing at any time by the vote of a majority of the Trustees. Notwithstanding the preceding sentence, this Agreement may not be amended so as to change its purpose as set forth herein or to permit the diversion or application of any funds of the Trust Fund for any purpose other than those specified herein. The Board of Trustees, upon adoption of an amendment to this Agreement, shall provide notice by sending a copy of any such amendment to each Local Finance Board within 15 days of adoption of such amendment. If a Local Finance Board objects to such amendment, the Local Finance Board must provide written notice of its objection and intent to terminate its participation in the Trust Fund by registered mail delivered to the Administrator within ninety (90) days of such notice, and if such notice is given, the amendments shall not apply to such Participating Employer for a period of 180 days from the date of adoption of such amendments. The Participating Employer's interest shall be terminated in accordance with the provisions of paragraph B of this section. It is the intent of the Trustees that the Trust shall be and remain a tax-exempt voluntary employees beneficiary association under Section 501(c)(9) of the Code. The Trustees shall promptly submit the Agreement to the Internal Revenue Service for approval under the Code and all expenses incident thereto shall be borne by the Trust Fund. The Trustees may make any modifications, alterations, or amendments to the Agreement necessary to obtain and retain approval of the Secretary of the Treasury as may be necessary to establish and maintain the 22 status of the Trust Fund as tax-exempt under the provisions of the Code or other federal legislation, as now in effect or hereafter enacted, and the regulations thereunder. Any modification, alteration, or amendment to this Agreement, made in accordance with this Section, may be made retroactively, if necessary or appropriate. The Trustees, Local Finance Boards and all Participating Employers shall be bound thereby. B. Termination. This Agreement and any trust created hereby may be terminated at any time by the Trustees with respect to a Participating Employer when the Participating Employer's participation interest in the Trust Fund is terminated or when a Trust Joinder Agreement has been terminated. The Trust Fund may be terminated in its entirety when all participation interests of all Participating Employers have been terminated in their entirety. This Agreement and the Trust Fund may be terminated in their entirety pursuant to Virginia law. In case of a termination of this Agreement, either in whole or in part, the Trustees shall hold, apply, transfer or distribute the affected assets of the Trust Fund in accordance with the applicable provisions of this Agreement and the direction of the Local Finance Board of each Participating Employer. Upon any termination, in whole or in part, of this Agreement, the Trustees shall have a right to have their respective accounts settled as provided in this Section 604. In the case of the complete or partial termination of this Agreement as to one or more Participating Employers, the affected assets of the Trust Fund shall continue to be held pursuant to the direction of the Trustees, for the benefit of the Employees and Beneficiaries of such Participating Employer, until the Trustees, upon recommendation of the Administrator, distribute such assets to a trust, trusts or equivalent arrangement established by such Participating Employer for the purpose of funding Other Post -Employment Benefits, or other suitable arrangements for the transfer of such assets have been made. This Agreement shall remain in full effect with respect to each Participating Employer that does not terminate its participation in the Trust Fund on behalf of its Employees and Beneficiaries, or whose participation is not terminated by the Trustees. However, if distributions must be made, the Local Finance Board of each Participating Employer shall be responsible for directing the Administrator on how to distribute the beneficial interest of such Participating Employer. In the absence of such direction, the Administrator may take such steps as it determines are reasonable to distribute such Participating Employer's interest. A Participating Employer must provide written notice of its intent to terminate its participation in the Trust Fund by registered mail signed by its Local Finance Board and delivered to the Administrator at least ninety (90) days in advance. Notwithstanding the preceding sentence, during its first year of participation, a Participating Employer must provide notice of its intent to terminate no less than one hundred eighty (180) days in advance. Notwithstanding the foregoing, the Trustees shall not be required to pay out any assets of the Trust Fund to Participating Employers upon termination of this Agreement or the Trust Fund, in whole or in part, until the Trustees have received written certification from the Administrator that all provisions of law with respect to such termination have been complied 23 with. The Trustees shall rely conclusively on such written certification and shall be under no obligation to investigate or otherwise determine its propriety. When the assets of the Trust Fund affected by a termination have been applied, transferred or distributed and the accounts of the Trustees have been settled, then the Trustees and Administrator shall be released and discharged from all further accountability or liability respecting the Trust Fund, or portions thereof, affected by the termination and shall not be responsible in any way for the further disposition of the assets of the Trust Fund, or portions thereof, affected by the termination or any part thereof so applied, transferred or distributed; provided, however, that the Trustees shall provide full and complete accounting for all assets up through the date of final disposition of all assets held in the Trust. Section 605. Spendthrift Provision; Prohibition of Assignment of Interest. The Trust Fund shall be exempt from taxation and execution, attachment, garnishment, or any other process to the extent provided under Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code (§§ 15.2-1544 et seq.). No Participating Employer or other person with a beneficial interest in any part of the Trust Fund may commute, anticipate, encumber, alienate or assign the beneficial interests or any interest of a Participating Employer in the Trust Fund, and no payments of interest or principal shall be in any way subject to any person's debts, contracts or engagements, nor to any judicial process to levy upon or attach the interest or principal for payment of those debts, contracts, or engagements. Section 606. Meetings; Virginia Freedom of Information Act. The Administrator shall give the public notice of the date, time, and location of any meeting of the Board of Trustees' or of the Local Finance Boards in the manner and as necessary to comply with the Virginia Freedom of Information Act (Va. Code §§ 2.2-3700 et seq.). The Secretary or its designee shall keep all minutes of all meetings, proceedings and acts of the Trustees and Local Finance Boards, but such minutes need not be verbatim. Copies of all minutes of the Trustees and Local Finance Boards shall be sent by the Secretary or its designee to the Trustees. All meetings of the Board of Trustees and Local Finance Boards shall be open to the public, except as provided in § 2.2-3711 of the Virginia Code. No meeting shall be conducted through telephonic, video, electronic or other communication means where the members are not physically assembled to discuss or transact public business, except as provided in §§ 2.2-3708 or 2.2-3708.1 of the Virginia Code. Section 607. Jurisdiction. This Agreement shall be interpreted, construed and enforced, and the trust or trusts created hereby shall be administered, in accordance with the laws of the United States and of the Commonwealth of Virginia. Section 608. Situs of the Trust. The situs of the trust or trusts created hereby is the Commonwealth of Virginia. All questions pertaining to its validity, construction, and 24 administration shall be determined in accordance with the laws of the Commonwealth of Virginia. Venue for any action regarding this Agreement is the City of Richmond, Virginia. Section 609. Construction. Whenever any words are used in this Agreement in the masculine gender, they shall be construed as though they were also used in the feminine or neuter gender in all situations where they would so apply and whenever any words are used in this Agreement in the singular form, they shall be construed as though they were also used in the plural form in all situations where they would so apply, and whenever any words are used in this Agreement in the plural form, they shall be construed as though they were also in the singular form in all situations where they would so apply. Section 610. Conflict. In resolving any conflict among provisions of this Agreement and in resolving any other uncertainty as to the meaning or intention of any provision of the Agreement, the interpretation that (i) causes the Trust Fund to be exempt from tax under Code Sections 115 and 501(a), and (ii) causes the participating Plan and the Trust Fund to comply with all applicable requirements of law shall prevail over any different interpretation. Section 611. No Guarantees. Neither the Administrator nor the Trustees guarantee the Trust Fund from loss or depreciation or for the payment of any amount which may become due to any person under any participating Plan or this Agreement. Section 612. Parties Bound; No Third PartRights. This Agreement and the Trust Joinder Agreements, when properly executed and accepted as provided hereunder, shall be binding only upon the parties hereto, i.e., the Board of Trustees, the Administrator and the Participating Employers and their Local Finance Boards. Neither the establishment of the Trust nor any modification thereof, nor the creation of any fund or account, the payment of any Other Post - Employment Benefits, shall be construed as giving to any person covered under any Plan of a Participating Employer or any other person any legal or equitable right against the Trustees, or any officer or employee thereof, except as may otherwise be provided in this Agreement. Under no circumstances shall the term of employment of any Employee be modified or in any way affected by this Agreement. Section 613. Necessary Parties to Disputes. Necessary parties to any accounting, litigation or other proceedings relating to this Agreement shall include only the Trustees and the Administrator. The settlement or judgment in any such case in which the Trustees are duly served or cited shall be binding upon all Participating Employers and their Local Finance Boards and upon all persons claiming by, through or under them. Section 614. Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Agreement shall continue to be fully effective. If any provision of the Agreement is held to violate the Code or to be illegal or invalid for any other reason, that provision shall be deemed to be null and void, but the invalidation of that provision shall not otherwise affect the trust created by this Agreement. [SIGNATURE PAGE FOLLOWS] 25 IN WITNESS WHEREOF, each of the members of the initial Board of Trustees has executed this Trust Agreement. Date: /! County of Fairfax Date: ou ty of Henrico Date: j o o DesignW of VAC3NML Date: Designee of VACo/VItEL Date: q— I t' Z) ' Designee of VACo,,/V 4L Accepted by the Administrator VIRGINIA LOCAL GOVERNMENT FINAN ORPORATION BY: Presid n Qj 0pMA\PCD0CS\DC C3N'F K + 1244190n 18 26 City of Richmond Commonwealth sof Virginia The forgoing instrument was acknowledged before me this 11th day of April 2008 by: Jesse Hall, Leon T. Johnson, Victoria Lucente, Deidra M. McLaughlin, Robert L. Mears, and Robert W. auterberg. ; - 6) - J, W James D. Campbell Notary Public #22055 M commission expires October 31, 2009. TRUST JOINDER AGREEMENT FOR PARTICIPATING EMPLOYERS UNDER VIRGINIA POOLED OPEB TRUST FUND THIS TRUST JOINDER AGREEMENT is made by and between the Local Finance Board of ,Virginia (herein referred to as the "Local Finance Board") of 'Virginia (herein referred to as the "Participating Employer"), and the Board of Trustees (herein collectively referred to as the "Trustees") of the Virginia Pooled OPEB Trust Fund (herein referred to as the "Trust Fund"). WITNESSETH: WHEREAS, the Participating Employer provides post -employment benefits other than pensions (herein referred to as "Other Post -Employment Benefits"), as defined in section 15.2- 1545 of the Virginia Code, for Employees and Beneficiaries; and WHEREAS, the governing body of the Participating Employer desires to establish a trust for the purpose of accumulating and investing assets to fund Other Post -Employment Benefits as it may appropriate; and WHEREAS, the governing body of the Participating Employer has adopted an ordinance and/or resolution (a certified copy of which is attached hereto as Exhibit A) to authorize participation in the Virginia Pooled OPEB Trust Fund and establish a Local Finance Board, and, pursuant to Virginia Code § 15.2-1547, has directed the Local Finance Board to enter into this Trust Joinder Agreement; and WHEREAS, the Trust Fund, in accordance with the terms of the Virginia Pooled OPEB Trust Fund Agreement (the "Agreement"), provides administrative, custodial and investment services to the Participating Employers in the Trust Fund; and WHEREAS, the Local Finance Board, upon the direction of the governing body of , Virginia, desires to submit this Trust Joinder Agreement to the Trustees to enable , Virginia, to become a Participating Employer in the Trust Fund and a party to the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements flowing to each of the parties hereto, it is agreed as follows: 1. Pursuant to the Board of Trustees' acceptance of this Trust Joinder Agreement, the , Virginia, is a Participating Employer in the Trust Fund, as provided in the Agreement, and the Local Finance Board is authorized to enter into this Trust Joinder Agreement, and to represent and vote the beneficial interest of , Virginia, in the Trust Fund in accordance with the Agreement. 2. Capitalized terms not otherwise defined in this Trust Joinder Agreement have the meaning given to them under the Agreement. 3. The Local Finance Board shall cause appropriations designated by the Participating Employer for deposit in the Trust Fund to be deposited into a depository designated by the Trustees. 4. The Local Finance Board shall timely remit, or timely approve the remittance of, administrative fees. as may be due and payable by the Participating Employer under the Agreement into a depository designated by the Trustees. 5. The Participating Employer shall have no right, title or interest in or to any specific assets of the Trust Fund, but shall have an undivided beneficial interest in the Trust Fund; however, there shall be a specific accounting of assets allocable to the Participating Employer. 6. The Local Finance Board shall provide to the Administrator designated by the Trustees all relevant information reasonably requested by the Administrator for the administration of the Participating Employer's investment, and shall promptly update all such information. The Local Finance Board shall certify said information to be correct to the best of its knowledge, and the Trustees and the Administrator shall have the right to rely on the accuracy of said information in performing their contractual responsibilities. 7. The Trust Fund provides administrative, custodial and investment services to the Participating Employer in accordance with the Agreement. 8. The Trustees and the Administrator, in accordance with the Agreement and the policies and procedures established by the Trustees, shall periodically report Trust activities to the Participating Employer on a timely basis. 9. The Local Finance Board and the Participating Employer agree to abide by and be bound by the terms, duties, rights and obligations as set forth in the Agreement, as may be amended by the Trustees, which is attached hereto and is made a part of this Trust Joinder Agreement. 10. The Local Finance Board, in fulfillment of its duties as the trustee of the Participating Employer, retains the services of the Investment Manager or Managers selected by the Trustees pursuant to the Agreement. 11. The term of this Trust Joinder Agreement shall be indefinite; however, the Participating Employer may not terminate this Trust Joinder Agreement until 180 days after its initial investment. Thereafter, the Local Finance Board may terminate this Trust Joinder Agreement on behalf of the Participating Employer by giving at least 90 days prior notice in writing to the Trustees. Termination shall be governed by the provisions of the Agreement. IN WITNESS WHEREOF, the Local Finance Board has caused this Trust Joinder Agreement to be executed this day of , 20 NA ATTEST: #::ODMA\PCDOCS\DOCSNFK\1259891\7 LOCAL FINANCE BOARD OF . VIRGINIA ACCEPTANCE: VIRGINIA POOLED OPEB TRUST FUND Virginia Local Government Finance Corporation 3 Administrator �RGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E A RESOLUTION TO ADOPT A TRUST FOR OTHER POST -EMPLOYMENT BENEFITS SCHOOL BOARD I WHEREAS, Article VIII, Section 7 of the Constitution of Virginia and Section 22.1-28 et seq. of the Da let D. Edwards Virginia Code provide, in part, that the supervision of the schools in each school division will be Chairman District 1 vested in the school board and the school board shall provide for the educational services for the - Centerville 1513 Beachview Drive school division, including the employment of the officers and other employees needed to carry out VA Beach, VA 23464 495-3551 (h) - 717-0259 (c) the functions of the school division; and Rita Sweet Bellitto Vice Chairman WHEREAS, in connection with the employment of the officers and other employees, the School At -Large Board has established certain plans to provide post -employment benefits other than pensions (herein P.O. Beach, VA 23456 "Other Post -Employment Benefits"), as defined in Section 15.2-1545 of the Virginia Code, to certain 416.0960(°) retirees and their spouses and eligible dependents; and William J. "Bill" Brunke, IV District 7 -Princess Anne 4099 Foxwood WHEREAS, Article 8, Chapter 15, Subtitle II of Title 15.2 of the Virginia Code 15.2-1544 et se P 9 (§§ q ) Dr., Suite 201 Virginia Beach, VA 23462 provides that the governing body of a city or a school board may establish a trust for the purpose of 222 -0134(w) -266-2772(c) accumulating and investing assets to fund Other Post -Employment Benefits; and Todd C. Davidson Al -Large 2424 Savannah Trail WHEREAS, Section 15,2-1300 of the Virginia Code provides that an ower, privilege or authodt 9 P Y P P 9 Y VA Beach, VA 23456 exercised or capable of exercise by any political subdivision of the Commonwealth of Virginia may be 427 -3330(w) -285-9409(x) "Em" exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a Emma L. Davis Districts-Lynnhaven similar power, privilege or authority pursuant to agreements with one another for joint action pursuant hvoodDrive 1125 ch,V VA Beach, VA 23452 to the provisions of that section; and 340-8911. 340-8911 (h) WHEREAS, any two or more political subdivisions may enter into agreements with one another for Edmonson PatriciaDistrict 6 -Beach joint action pursuant to the provisions of Section 15.2-1300 of the Virginia Code provided that the 401.205 Harbour Point VA Beach, VA 23451 participating political subdivisions shall approve such agreement before the agreement may enter 675-0137 (h) into force; and Edward F. Fissinger, Sr. At -Large WHEREAS, the County of Fairfax, Virginia and the County of Henrico, Virginia have determined to 412 Becton Place VA Beach, VA 23452 jointly establish and participate in the Virginia Pooled OPEB Trust Fund (the "Trust Fund"); and 486-4567(h) Dan R. Lowe WHEREAS, it appears to the School Board that it is in the best interests of the School Board to District 4 -Bayside become a participating employer in the Trust Fund. 4617 Red Coat Road VA 23455 490-3681-3681 (h)) r NOW THEREFORE, BE IT RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA SandraSmlth-Jones BEACH, VIRGINIA THAT: District 2 - Kempsville 705 Rock Creek Court Al.That the School Board does hereby establish a trust pursuant to Section 15.2-1544 VA e 67 VA 23462 of the Virginia Code for the purpose of accumulating and investing assets to fund Michael W. Stewart Other Post -Employment Benefits, in the form set forth in the Virginia Pooled OPEB o5`B t 3 ;wood Coo1rt Trust Fund Agreement (the "Agreement"), a copy of which is attached here as VA Beach, VA 23452 Exhibit A. 498-4303 (h) - 445-4637 (w) Carolyn D. Weems B1. That the School Board does hereby agree to become a "Participating Employe(" in At-Lage 1420 1420 ClaudiaDrive the "Virginia Pooled OPEB Trust Fund" (hereinafter, the "Trust Fund"), as further VA Beach, VA 23455 defined in the Agreement. 464-6674 (h) WHEREAS, the City of Virginia Beach is considering joining the Virginia Pooled OPEB Trust Fund SUPERINTENDENT and establishing a Local Finance Board to manage the City's interests in such Trust Fund; and Merrill , Ed,D. Jam2512 George 2512 George Mason Drive WHEREAS, the School Board has discussed with the City the merits of pooling the City's and the VA 23456 263-1007 School School Board's OPEB trust interests and the School Board is agreeable to jointly establishing a Local Finance Board if certain conditions are met. IRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E A RESOLUTION TO ADOPT A TRUST FOR OTHER POST -EMPLOYMENT BENEFITS (continued) NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. That the School Board agrees to join the Local Finance Board established by the City if the City establishes such Local Finance Board prior to June 30, 2008 and if the City agrees to appoint to such Local Finance Board the two voting members recommended by the School Board; and 2. That, if the City does not meet the conditions set forth in paragraph 1, then the School Board will establish its own trust fund as set forth below: A. That the School Board does hereby establish a trust pursuant to Section 15.2-1544 of the Virginia Code for the purpose of accumulating and investing assets to fund Other Post -Employment Benefits, in the form set forth in the Virginia Pooled OPEB Trust Fund Agreement (the "Agreement"), a copy of which is attached here as Exhibit A B. That the School Board does hereby agree to become a "Participating Employer" in the "Virginia Pooled OPEB Trust Fund" (hereinafter, the "Trust Fund"), as further defined in the Agreement C. That in accordance with Section 15.2-1547 of the Virginia Code, the School Board does hereby create a local finance board and appoint the following individuals to the local finance board pursuant to serve as the trustee of the Schools with respect to the Trust Fund, and as the "Local Finance Board" as defined in the Agreement: the Superintendent, the Chief Financial Officer, and Mr. Edward F. Fissinger, a citizen member, who is hereby appointed for a term of two years that shall begin upon adoption of this Resolution. D. That the School Board does hereby direct the Local Finance Board to execute and deliver the Trust Joinder Agreement for Participating Employers under Virginia Pooled OPEB Trust Fund ("Trust Joinder Agreement"), a copy of which is attached hereto as Exhibit B E. That the School Board does hereby designate as "Other Post -Employment Benefits" the health care benefits provided to certain retirees, as designated in separate ordinances or resolutions that have been and will be adopted by the School Board and City Council, as well as the health care benefits for the spouse and eligible dependents of those retirees, to the extent that such coverage is authorized by separate resolutions that have been adopted, or will be adopted, by the School Board. F. That in accordance with Section 15.2-1544 of the Virginia Code, the extent of Other Post -Employment Benefits offered by the School Board, as well as eligibility criteria for those benefits, is dependent upon appropriations and is determined as part of the annual budget process, and thus the extent of such benefits, as well as the eligibility criteria for the benefits, are subject to change. 3. That the Superintendent, Chairman, and the Chief Financial Officer are authorized to take all actions necessary to meet the terms of Al, B1 and paragraph 1 and paragraph 2. Such authority includes the authority to remit the annual required contribution for the other post employment benefits to the VACoNML Pooled Trust Fund. 4. This Resolution shall be in force and effect immediately upon its adoption or passage. Adopted by the School Board of the City of Virginia Beach, Virginia this 17th day of June 2008. SEAL % ,,_,,"' Daniel D. Edwards, Chairman Attest: Dianne P. Alexander, Clerk of the Board L� 7a s� kw CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing Changes to the Health Care Coverage Available to Active and Retired Employees MEETING DATE: June 24, 2008 ■ Background:- During discussions on the FY08-09 budget, Councilmembers DeSteph and Diezel agreed to develop a resolution regarding health care coverage for active and retired employees. ■ Considerations: The attached resolution provides City Council's specific direction regarding health care coverage for active and retired employees. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Resolution Requested by Councilmembers DeSteph and Diezel REQUESTED BY COUNCILMEMBERS DESTEPH and DIEZEL 1 A RESOLUTION AUTHORIZING CHANGES TO THE 2 HEALTH CARE COVERAGE AVAILABLE TO ACTIVE 3 AND RETIRED EMPLOYEES 4 5 WHEREAS, under current policy, the City provides access to health insurance 6 coverage to its employees and retirees who retire under the Virginia Retirement System 7 (VRS). 8 9 WHEREAS, the City's contribution amount is subject to annual appropriations, 10 in conjunction with the Operating Budget, and for FY09, the budgeted contribution is set 11 at $5,400 per member. 12 13 WHEREAS, after careful review by staff and the City Council of the value of 14 retaining the self-insured health care plan versus moving to a fully insured health care 15 plan, the City Council supports remaining self-insured, given its current savings, but City 16 Council directs staff to monitor this savings in conjunction with future reauthorizations of 17 the health insurance contract and to notify City Council if the status changes. 18 19 WHEREAS, it is the desire of City Council that all current employees shall 20 contribute to the cost of providing health care coverage. 21 22 WHEREAS, it is the desire of City Council that no future tier or plan shall be 23 provided free of charge to current employees or future retirees. 24 25 WHEREAS, it is the desire of City Council that the premium charged for single 26 subscriber HMO coverage for City retirees who retire with at least 25 years of service 27 with the City or combined years of service with the City, Public Schools, and/or a state 28 agency whose employees are covered by the City's healthcare plan, as well as those 29 who retire on a work-related disability compensable under the Workers Compensation 30 Act before age 65 with at least 5 years of service with any combination of the above - 31 listed employers, shall be the same premium for single subscriber HMO coverage that 32 was in effect on the date that the employee retired, and those retirees may also take 33 advantage of spousal and/or eligible dependent coverage, provided that the retitee pays 34 the full actual cost of such coverage. 35 36 WHEREAS, it is the desire of City Council, as recommended by both the City 37 and School employee taskforces that provided input regarding the health insurance 38 plan, that for the 2009 plan year, single subscribers in the HMO plan shall contribute to 39 the cost of their healthcare coverage. 40 41 WHEREAS, Council also desires that a deductible on all plans be 42 established in order to assist in controlling long term costs by engaging employees in 43 long term consumer based decisions, and for the 2009 plan year, staff recommends a 44 deductible of $100 per individual and $200 per family within the HMO plan, subject to 45 the maximum out-of-pocket expense for an individual of $1,500 and of $3,000 for a 46 family. 47 48 WHEREAS, City Council supports the consolidated health insurance plan with 49 City and School employees and retirees. 50 51 WHEREAS, the City Council supports the creation of a high deductible health 52 care plan with a health saving account and would like to begin offering such a plan to 53 employees beginning with plan year 2010. 54 55 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 56 VIRGINIA BEACH, VIRGINIA: 57 58 1. That City employees who retire (or have retired) before age 65 with at 59 least 25 years of service with the City or combined years of service with the City, 60 Virginia Beach City Public Schools, and/or a state agency whose employees are 61 covered by the City's healthcare plan, as well as those who retire on a work-related 62 disability compensable under the Workers Compensation Act before age 65 with at 63 least 5 years of service with any combination of the above -listed employers, shall 64 receive the same coverage that is provided to City employees, until they reach age 65. 65 66 2. That all eligible retirees may take advantage of the spousal and/or eligible 67 dependent coverage, provided that the retiree pays the full actual cost of such 68 coverage. 69 70 3. That the premium charged for single subscriber HMO coverage for 71 retirees who retire from the City with at least 25 combined years of service with the City, 72 Virginia Beach Public Schools, and/or a state agency whose employees are covered by 73 the City's healthcare plan, as well as those who retire on a work-related disability 74 compensable under the Workers Compensation Act before age 65 with at least 5 years 75 of service with any combination of the above -listed employers, shall be the same 76 premium for single subscriber HMO coverage that was in effect on the date that the 77 employee retired. The premium for a public safety line -of -duty disability retirement will 78 be in accordance with the provisions of the Virginia Line of Duty Act, Virginia Code §§ 79 9.1-400 to -402. 80 81 4. That City employees who retire before age 65 with less than 25 years of 82 service and who do not retire on a work-related disability as defined in item 1 above 83 shall not be allowed to participate in the City health care plan. However, those retirees 84 who are currently receiving City health care coverage who otherwise would not be 85 qualified because of this time requirement shall be grandfathered and may continue in 86 the plan until age 65. 87 88 5. That City Council currently supports retaining the self-insured health care 89 plan. In 2010, the City Manager shall solicit proposals for fully insured health care 90 plans. 91 92 6. That it shall be the policy of the City Council that all current employees 93 and future retirees shall contribute to the cost of their health care coverage. The 94 employee and retiree contribution shall be set by the City Council with a 95 recommendation from the City Manager based on the experience of the plan, the health 96 care fund balance, the City's annual contribution amount, and the remaining premium 97 cost. The City shall continue to use a blended rate for HMO single subscriber coverage 98 for employees and retirees, and the City Manager shall make a recommendation to City 99 Council as to whether to use a blended rate for all other types of coverage offered under 100 the City's health care plan. For the 2009 plan year, current employees, and employees 101 who retire during calendar year 2009, shall pay a premium of $25 per month for single 102 subscriber coverage in the HMO plan. 103 104 7. That City Council will establish a deductible for all health care plans in 105 order to assist in controlling long term costs. This is an effort to create overall plan 106 savings and to avoid cost shifting by engaging employees in consumer based decisions. 107 The City Manager shall implement an educational program to explain this to the 108 employees by open enrollment for the 2009 plan year. For the 2009 plan year, Council 109 hereby establishes a deductible of $100 per individual and $200 per family within the 110 HMO plan, subject to the maximum out-of-pocket expense for an individual of $1,500 111 and of $3,000 for a family. 112 113 8. That beginning in plan year 2010, the City shall offer to its employees a 114 high deductible health plan with a health savings account as an additional option while 115 maintaining the traditional HMO and PPO plans. 116 117 9. That City Council supports the current consolidated health insurance plan 118 with City and School employees and retirees and directs the City Manager to work with 119 the Superintendent of Schools, the Consolidated Benefits Executive Committee, and the 120 Employee Health Care Committee. 121 122 10. That the City Auditor is directed to provide for an actuarial evaluation of 123 retiree health care costs annually. 124 125 11. That the City Auditor is directed to conduct an audit of health care claims 126 by an independent outside firm. 127 128 12. That this resolution shall supersede the health care resolution adopted by 129 the City Council on December 15, 1992. 130 131 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 132 June, 2008. APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Offic CA10701 R-14 June 18, 2008 �N�'�A�21L7 S�r 2y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for less than five years with RW White Farm, LLC for 17 acres of City - owned land located on New Bridge Road MEETING DATE: June 24, 2008 ■ Background: The City of Virginia Beach owns an undeveloped parcel of land consisting of 36 acres (the "Property") located on New Bridge Road in the southern section of the City. A Public Hearing was advertised for June 24, 2008 to consider the lease of 17 acres of the Property to RW White Farm, LLC (the "Tenant") for farming and agricultural purposes. The Tenant has now requested to lease the entire 36 acres of the Property. ■ Considerations: A new Public Hearing will be advertised for July 1, 2008 to consider the lease of 36 acres, and a new Agenda Item will be submitted for July 1, 2008. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda Submitting Department/Agency: Management Services / Facilities Management Office City Manager: F> Zl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute leases for five years or less with Virginia Beach Community Development Corporation for the use of four (4) residential properties (GPINS: 2407-02- 2510; 2407-94-8728; 2407-94-8554; and 2417-15-3174). MEETING DATE: June 24, 2008 ■ Background: Virginia Beach Community Development Corporation ("VBCDC") would like to lease four (4) residential properties (the "Properties") from the City of Virginia Beach (the "City"). The Properties are located at: • 2244 London Street (GPIN 2407-02-2510); • 1549 Indiana Avenue (GPIN 2407-94-8728); • 1541 New York Avenue (GPIN 2407-94-8554); and • 200 Webster Place (GPIN 2417-15-3174). The Properties were acquired by the City through the APZ-1 Acquisition Program and are all improved with residential structures in good condition. These dwellings will be used for affordable rental housing for Virginia Beach residents. ■ Considerations: Each lease would be for a term of one (1) year, with four one- year renewals. Other terms are set forth in the attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve terms of the proposed leases as presented, alter terms of the proposed leases, or decline to lease the Properties. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location maps Photos Recommended Action: Approval Submitting Department/Agency: Managen*ttervices / Facilities Management Office City Manag : � �y z I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE LEASES FOR FIVE YEARS OR LESS WITH VIRGINIA 3 BEACH COMMUNITITY DEVELOPMENT CORPORATION FOR 4 THE USE OF FOUR (4) RESIDENTIAL PROPERTIES (GPINS: 5 2407-02-2510; 2407-94-8728; 2407-94-8554; AND 2417-15-3174). 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of 8 those certain parcels of land and the residences thereon located at 2244 London 9 Street (GPIN 2407-02-2510); 1549 Indiana Avenue (GPIN 2407-94-8728; 1541 10 New York Avenue (GPIN 2407-94-8554); and 200 Webster Place (GPIN 2417- 11 15-3174) and shown on Exhibit "A" attached hereto (the "Properties"); 12 13 WHEREAS, the Virginia Beach Community Development Corporation 14 ("VBCDC") has requested to lease the Properties for $1.00 per year each, and 15 will perform all required maintenance; 16 17 WHEREAS, VBCDC would like to enter into formal leases with the City for 18 the Properties pursuant to the Summary of Terms attached hereto as Exhibit "B"; 19 20 WHEREAS, the Properties will be utilized for affordable housing for 21 Virginia Beach residents and for no other purpose; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute four (4) leases, 27 each for a term of less than five years, between VBCDC and the City, for the 28 Properties in accordance with the Summary of Terms attached hereto and such 29 other terms and conditions deemed necessary and sufficient by the City Manager 30 and in a form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 33 day of , 2008. CA10735 6/10/2008 R-1 V:\applications\citylawprod\cycom32\Wpdocs\DO06\P003\00059149.DOC APPROVED AS TO LEGAL SUFFICIENCY AND FORM City A o ey APPROVED AS TO CONTENT 4 C/6 I � X, I Facilitie anagem nt EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach ("City") LESSEE: Virginia Beach Community Development Corporation ("VBCDC") PREMISES: Four residential properties: • 2244 London Street (GPIN 2407-02-2510); • 1549 Indiana Avenue (GPIN 2407-94-8728); • 1541 New York Avenue (GPIN 2407-94-8554); and • 200 Webster Place (GPIN 2417-15-3174). TERM: July 1, 2008, through June 30, 2009, with 4 one-year renewal options RENT: $1.00 per year for each property RIGHTS AND RESPONSIBILITIES OF VBCDC (as to each lease): • Will use the Premises for affordable rental housing for Virginia Beach residents and for no other purpose. • At no time shall more than one single-family reside in the dwelling unit. • Will sound -attenuate the Premises at its expense. • Will make repairs needed to bring property up to code compliance, but shall not otherwise modify the Premises without prior approval from City. • Will keep, repair, and maintain the Premises at its expense. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. VBCDC shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the lease. TERMINATION: The City may terminate each lease at any time without cause upon thirty (30) days' written notice. EXHIBIT "A" GPIN: 2407-02-2510 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 42 on that certain plat entitled "Revised Plat of Gatewood Park", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25 at page 87. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Margaret B. Mallison dated February 15, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080314000288110. GPIN: 2407-94-8728 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia being known, numbered and designated as Lot 9 and the eastern 10 feet of Lot 8 in Block 6 as shown on that certain plat entitled, "Survey of Block number (6) six of Oceana Gardens, for Princess Anne Homes, Inc.", made by W.B. Gallop, County Surveyor, March 20, 1947 which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 21, at page 3. IT BEING the same property conveyed to the City of Virginia Beach by deed from Nikolas Levinsky and Terri Michael Levinsky, dated April 22, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080423000468690. GPIN: 2407-94-8554 ALL THAT certain lot, piece, or parcel of land, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known and designated as the Northern one-half of Lot 8, Block 5, Oceana Gardens, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 3, at page 51. IT BEING the same property conveyed to the City of Virginia Beach by deed from Karen B. McGuire, dated November 29, 2007, and recorded in the aforesaid Clerk's Office as Instrument Number 20071217001659630. GPIN: 2417-15-3174 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach (formerly Princess Anne County), Virginia and being known, numbered and designated as Lot Ten (10), as shown on that certain plat entitled, "Bartow Heights," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County), Virginia in Map Book 54, at page 45.. IT BEING the same property conveyed to the City of Virginia Beach from Roland S. Bell and Chris T. Bell by deed dated March 19, 2008 and recorded in the aforesaid Clerk's Office as Instrument Number 20080409000407640. �a\ ,\N1A f`O 9E !� Sy •� �YFi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing Changes to the Health Care Coverage Available to Active and Retired Employees MEETING DATE: June 24, 2008 ■ Background: During discussions on the FY08-09 budget, Councilmembers DeSteph and Diezel agreed to develop a resolution regarding health care coverage for active and retired employees. ■ Considerations: The attached resolution provides City Council's specific direction regarding health care coverage for active and retired employees. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Resolution Requested by Councilmembers DeSteph and Diezel REQUESTED BY COUNCILMEMBERS DESTEPH and DIEZEL 1 A RESOLUTION AUTHORIZING CHANGES TO THE 2 HEALTH CARE COVERAGE AVAILABLE TO ACTIVE 3 AND RETIRED EMPLOYEES 4 5 WHEREAS, under current policy, the City provides access to health insurance 6 coverage to its employees and retirees who retire under the Virginia Retirement System 7 (VRS). 8 9 WHEREAS, the City's contribution amount is subject to annual appropriations, 10 in conjunction with the Operating Budget, and for FY09, the budgeted contribution is set 11 at $5,400 per member. 12 13 WHEREAS, after careful review by staff and the City Council of the value of 14 retaining the self-insured health care plan versus moving to a fully insured health care 15 plan, the City Council supports remaining self-insured, given its current savings, but City 16 Council directs staff to monitor this savings in conjunction with future reauthorizations of 17 the health insurance contract and to notify City Council if the status changes. 18 19 WHEREAS, it is the desire of City Council that all current employees shall 20 contribute to the cost of providing health care coverage. 21 22 WHEREAS, it is the desire of City Council that no future tier or plan shall be 23 provided free of charge to current employees or future retirees. 24 25 WHEREAS, it is the desire of City Council that the premium charged for single 26 subscriber HMO coverage for City retirees who retire with at least 25 years of service 27 with the City or combined years of service with the City, Public Schools, and/or a state 28 agency whose employees are covered by the City's healthcare plan, as well as those 29 who retire on a work-related disability compensable under the Workers Compensation 30 Act before age 65 with at least 5 years of service with any combination of the above - 31 listed employers, shall be the same premium for single subscriber HMO coverage that 32 was in effect on the date that the employee retired, and those retirees may also take 33 advantage of spousal and/or eligible dependent coverage, provided that the retiree pays 34 the full actual cost of such coverage. 35 36 WHEREAS, it is the desire of City Council, as recommended by both the City 37 and School employee taskforces that provided input regarding the health insurance 38 plan, that for the 2009 plan year, single subscribers in the HMO plan shall contribute to 39 the cost of their healthcare coverage. 40 41 WHEREAS, Council also desires that a deductible on all plans be 42 established in order to assist in controlling long term costs by engaging employees in 43 long term consumer based decisions, and for the 2009 plan year, staff recommends a 44 deductible of $100 per individual and $200 per family within the HMO plan, subject to 45 the maximum out-of-pocket expense for an individual of $1,500 and of $3,000 for a 46 family. 47 48 WHEREAS, City Council supports the consolidated health insurance plan with 49 City and School employees and retirees. 50 51 WHEREAS, the City Council supports the creation of a high deductible health 52 care plan with a health saving account and would like to begin offering such a plan to 53 employees beginning with plan year 2010. 54 55 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 56 VIRGINIA BEACH, VIRGINIA: 57 58 1. That City employees who retire (or have retired) before age 65 with at 59 least 25 years of service with the City or combined years of service with the City, 60 Virginia Beach City Public Schools, and/or a state agency whose employees are 61 covered by the City's healthcare plan, as well as those who retire on a work-related 62 disability compensable under the Workers Compensation Act before age 65 with at 63 least 5 years of service with any combination of the above -listed employers, shall 64 receive the same coverage that is provided to City employees, until they reach age 65. 65 66 2. That all eligible retirees may take advantage of the spousal and/or eligible 67 dependent coverage, provided that the retiree pays the full actual cost of such 68 coverage. 69 70 3. That the premium charged for single subscriber HMO coverage for 71 retirees who retire from the City with at least 25 combined years of service with the City, 72 Virginia Beach Public Schools, and/or a state agency whose employees are covered by 73 the City's healthcare plan, as well as those who retire on a work-related disability 74 compensable under the Workers Compensation Act before age 65 with at least 5 years 75 of service with any combination of the above -listed employers, shall be the same 76 premium for single subscriber HMO coverage that was in effect on the date that the 77 employee retired. The premium for a public safety line -of -duty disability retirement will 78 be in accordance with the provisions of the Virginia Line of Duty Act, Virginia Code §§ 79 9.1-400 to -402. 80 81 4. That City employees who retire before age 65 with less than 25 years of 82 service and who do not retire on a work-related disability as defined in item 1 above 83 shall not be allowed to participate in the City health care plan. However, those retirees 84 who are currently receiving City health care coverage who otherwise would not be 85 qualified because of this time requirement shall be grandfathered and may continue in 86 the plan until age 65. 87 88 5. That City Council currently supports retaining the self-insured health care 89 plan. In 2010, the City Manager shall solicit proposals for fully insured health care 90 plans. 91 92 6. That it shall be the policy of the City Council that all current employees 93 and future retirees shall contribute to the cost of their health care coverage. The 94 employee and retiree contribution shall be set by the City Council with a 95 recommendation from the City Manager based on the experience of the plan, the health 96 care fund balance, the City's annual contribution amount, and the remaining premium 97 cost. The City shall continue to use a blended rate for HMO single subscriber coverage 98 for employees and retirees, and the City Manager shall make a recommendation to City 99 Council as to whether to use a blended rate for all other types of coverage offered under 100 the City's health care plan. For the 2009 plan year, current employees, and employees 101 who retire during calendar year 2009, shall pay a premium of $25 per month for single 102 subscriber coverage in the HMO plan. 103 104 7. That City Council will establish a deductible for all health care plans in 105 order to assist in controlling long term costs. This is an effort to create overall plan 106 savings and to avoid cost shifting by engaging employees in consumer based decisions. 107 The City Manager shall implement an educational program to explain this to the 108 employees by open enrollment for the 2009 plan year. For the 2009 plan year, Council 109 hereby establishes a deductible of $100 per individual and $200 per family within the 110 HMO plan, subject to the maximum out-of-pocket expense for an individual of $1,500 111 and of $3,000 for a family. 112 113 8. That beginning in plan year 2010, the City shall offer to its employees a 114 high deductible health plan with a health savings account as an additional option while 115 maintaining the traditional HMO and PPO plans. 116 117 9. That City Council supports the current consolidated health insurance plan 118 with City and School employees and retirees and directs the City Manager to work with 119 the Superintendent of Schools, the Consolidated Benefits Executive Committee, and the 120 Employee Health Care Committee. 121 122 10. That the City Auditor is directed to provide for an actuarial evaluation of 123 retiree health care costs annually. 124 125 11. That the City Auditor is directed to conduct an audit of health care claims 126 by an independent outside firm. 127 128 12. That this resolution shall supersede the health care resolution adopted by 129 the City Council on December 15, 1992. 130 131 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 132 June, 2008. APPROVED AS TO LEGAL SUFFICIENCY ;i�Fewww �� City Attorney's Offic CAI 0701 R-14 June 18, 2008 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Enter into a Lease Agreement for Relocation of the Emergency Medical Services Administration, and to Transfer Funds to the Department of Management Services FY 2008-09 Operating Budget for Lease Expenses MEETING DATE: June 24, 2008 ■ Background: In 1983, the Department of Emergency Medical Services (EMS) moved into the former Virginia Beach Town Hall Building on Arctic Avenue. At that time EMS had 6 full-time employees and 340 volunteers. Over the ensuing years, the size and duties of the department have grown exponentially. EMS now supports 25 training and administration staff (both full-time and contractual), 36 career field providers and over 700 rescue squad volunteers. The EMS headquarters facility is 66 years old. Formal reviews indicate that the existing office space is inadequate to meet the EMS needs and the building is in poor condition. Additionally, the facility does not meet current standards for ADA accessibility or safety/fire protection. A suitable rental site has been identified on Viking Drive near Lynnhaven Mall. This was selected from a competitive RFP process. The site offers the required square footage in near move -in ready condition. It offers a central location with easy access to the interstate. This facility is available and will require City Council to authorize the City staff to enter into a lease agreement. This amount would be transferred from the Reserve for Contingencies. The full year cost for FY 2008-09 is estimated at $153,310. This lease has a 2.5% annual escalation plus pass-through of taxes and insurance. ■ Considerations: Current estimates to address immediate maintenance issues are in excess of $150,000. Additionally, the facility does not meet current standards for ADA accessibility or safety/fire protection. EMS requires additional office, meeting, classroom and storage space to effectively support services for its members and volunteers. Though this proposed site is further from the current location, a more centralized office location has been officially requested by the members of the volunteer rescue squads. The balance of the Reserve for Contingencies as of June 10, 2008 (before this transfer) is $1,254,426. ■ Public Information: Advertisement of City Council discussion will be handled via the normal City Council Agenda postings in the City's website and the Beacon. EMS members will be notified via email and newsletter. ■ Alternatives: The EMS staff could remain in their current location though this option incurs costs to maintain the current site. The City could consider building a new office space for EMS staff though this option could take longer and require more funding in the short term. ■ Recommendations: Authorize the City Manager to enter into a lease agreement to relocate the EMS headquarters to rental property and transfer $153,310 from the Reserve for Contingencies. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency- City Manage . �/ ,� 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER 2 TO ENTER INTO A LEASE AGREEMENT FOR 3 RELOCATION OF THE EMERGENCY MEDICAL 4 SERVICES ADMINISTRATION, AND TO TRANSFER 5 FUNDS TO THE DEPARTMENT OF MANAGEMENT 6 SERVICES FY 2008-09 OPERATING BUDGET FOR 7 LEASE EXPENSES 8 9 WHEREAS, the Virginia Beach Emergency Medical Services personnel are in a 10 facility that requires significant maintenance; and 11 12 WHEREAS, there is a suitable facility available for offices on Viking Drive, and 13 lease costs are paid from the City's Management Services Department Budget. 14 15 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 (1) That the City Manager is hereby authorized to enter into a lease agreement 19 with Ranco Road Associates, L.C. for the purposes of relocating the Virginia Beach 20 Emergency Medical Services Administration. 21 22 (2) That $153,310 is hereby transferred from the General Fund Reserve for 23 Contingencies to the FY 2008-09 Operating Budget of the Department of Management 24 Services. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia on the day 27 of , 2008. 28 29 Adoption requires an affirmative vote by a majority of all members of the City 30 Council. Approved as to Content: Approved as to Legal Sufficiency: Y"`-- Manageo6ent Services CA10794 R-2 June 17, 2008 WA EW-47,AM0000" _�i` • _ ` GNU BEj� ��N M�J Vji CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Fully Fund Mandated Services by Appropriation and Transfer of Funds to the Human Services FY 2007-08 Operating Budget MEETING DATE: June 24, 2008 ■ Background: The Comprehensive Services Act (CSA) provides services to emotionally troubled youth. These services are classified as: Foster Care (Social Services); Education; Mental Health; and Court Services. Currently, these services are mandated by federal and state law and are affected by many issues and influences that make it difficult to predict usage that, in turn, can result in fiscal deficits. For FY 2007-08, the following influences contributed to a deficit: 1. In March of 2007, Medicaid changed its interpretation of case management services for therapeutic foster care that could be reimbursed by Medicaid. Reimbursement went from an average of $1,200 per month to $326.50 per month, with localities funding the difference through CSA. 2. In December of 2007, the State Department of Social Services issued revised guidelines for the use of Foster Care Prevention Funds based on an opinion issued by the Attorney General. The new guidelines mandated the use of CSA funds to a significantly enlarged population of children with mental health needs, with localities required to fund a local match. ■ Considerations: The CSA Special Revenue Fund has sufficient fund balance to accommodate this appropriation, and some additional state revenues are available. Although usage is unpredictable, the FY 2008-09 budget funding level includes monies to address the aforementioned issues. Further, as a cost -control measure, an additional position is included in the FY 2008-09 budget to assist staff in accurately assessing the psychological and treatment needs of these youth and in assessing the ongoing progress of significantly impaired youth. This individual will also assist in overall policy analysis and implementation. ■ Public Information: The use of funds was endorsed by the Community Policy and Management Team at the March 24, 2008 meeting, and public information will be coordinated through the traditional Council agenda process. ■ Recommendations: Accept and appropriate $821,070 in State revenue, and appropriate $549,760 in Fund Balance from the Comprehensive Services Special Revenue Fund to the FY 2007-08 Department of Human Services Operating Budget to fully fund mandated services. ■ Attachments: Ordinance Recommended Action: Approve Ordinance Submitting Department/Age cy: Human Services City Manag : 1 AN ORDINANCE TO FULLY FUND MANDATED SERVICES 2 BY APPROPRIATION AND TRANSFER OF FUNDS TO THE 3 HUMAN SERVICES FY 2007-08 OPERATING BUDGET 4 5 WHEREAS, uncontrollable trends have created a deficit in the Comprehensive 6 Services Act ("CSA") fund, which provides services for emotionally troubled youth; and 7 8 WHEREAS, additional state funding and fund balance of the CSA Special Revenue 9 Fund are available to remedy this deficit. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 Estimated revenues from the Commonwealth of Virginia for foster care expenses 15 are hereby increased by $821,070; 16 17 Appropriations to the FY 2007-08 Operating Budget of the Department of Human 18 Services are increased by $821,070; 19 20 Appropriate $549,760 in fund balance from the Comprehensive Services Act 21 Special Revenue Fund to the FY 2007-08 Operating Budget of the Department of Human 22 Services. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 25 , 2008. 26 Requires an affirmative vote by a majority of all the members of City Council. Approved As to Content: Manag&-ebt Services CA10792 R-3 June 18, 2008 Approved As To Legal Sufficiency: City Attorney's Offi U B�� »..�4 (s� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Additional Funds to the Fire Department's FY 2007- 08 Operating Budget MEETING DATE: June 24, 2008 ■ Background: The Virginia Beach Fire Department receives various revenue throughout the year to pay for administrative and equipment costs. This revenue is received when the Fire Department opens the City's training facilities to the State for regional trainings. In addition, the Fire Department receives monetary gift donations throughout the year. These gifts are collected and spent from the Department's operating budget and then appropriated at the end of the fiscal year. Each of these specific types of unanticipated revenues are placed in itemized revenue accounts to facilitate correct appropriation back into operating budgets. ■ Considerations: The cost recovery funds ($29,525) will be apportioned back into the Fire Department's Operating budgets for payroll, equipment/supplies and apparatus maintenance/fuel based on the average distribution of. expenses for all affected events and incidents during the fiscal year. The gift fund balance of $2,281 will be used to purchase items for specific fire stations, Operation Smoke Detector, and special projects of the Life Safety Education program. ■ Public Information: Public Information will be handled through the normal Council agenda process. ■ Alternatives: Without appropriating the cost recovery funding, the Fire Department cannot support these partnerships. The cost recovery is not a steady revenue stream and does not lend itself to incorporation into the budget. Appropriation of donated funds in this manner maintains accountability as well as improves assurance the funds are used in a timely and appropriate manner. ■ Recommendations: Appropriate $29,525 from the designated cost recovery sources into the Fire Department operating budgets. Appropriate $2,281 to the Fire Department gift fund to facilitate designated expenditures. ■ Attachments: Ordinance Recommended Action: Approve Submitting DepartmentlAge cy: Fire Department City Manage 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS TO THE FIRE DEPARTMENT'S FY 2007-08 OPERATING BUDGET WHEREAS, the Virginia Beach Fire Department receives cost reimbursement revenues from the Commonwealth of Virginia. WHEREAS, the Virginia Beach Fire Department receives donations from the local community to support several fire prevention and education programs. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Revenues from the Commonwealth of Virginia from Cost Recovery are hereby increased by $29,525. Appropriations to the Fire Department's Operating Budget FY 2007-08 are increased $29,525. Revenues from various community donations to the Fire Department Gift Fund are hereby increased by $2,281. Appropriations to the Fire Department's Gift Fund FY 2007-08 are increased $2,281. Adopted by the Council of the City of Virginia Beach, Virginia on the day of _, 2008. Requires an affirmative vote by the majority of all the members of City Council. Approved as to Content: /k.,9 6 7 Managey6eni Services CA10793 R-4 June 17, 2008 Approved as to Legal Sufficiency: P V10 0 . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate an $8,745 Contribution Resulting from the First Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception, which the City will Donate to Three Local Charitable Programs MEETING DATE: June 24, 2008 ■ Background: Friday, May 2, 2008, the Virginia Beach Development Authority (VBDA), the Virginia Beach Minority Business Council (MBC) and the Department of Economic Development (DED) hosted the first annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at Virginia Beach National Golf Club. The Golf and Reception were scheduled to coincide with the Commonwealth of Virginia's Business Appreciation Month, which is celebrated annually during May to recognize the invaluable contributions that Virginia Beach businesses make to support our excellent economy and high quality of life. Over 100 Virginia Beach business and industry executives, real estate agents, developers, brokers, architects, engineers, consultants (joined by members of the VBDA, MBC and DED) were invited to participate in this first ever charitable fund-raising event wherein a portion of the private sector proceeds generated from Golf Classic Sponsorships were to be donated to three local charities encompassing education, health and welfare, and human services programs (which were selected jointly by the DED, VBDA and MBC) — the Virginia Beach City Public Schools Education Foundation Teacher Grant Program, the Virginia Beach Health Department Healthy Families Program, and the Virginia Beach Human Services Department College Foster Child Care Program. This exciting and new event generated $8,745 in monies for the benefit of the above referenced three programs. ■ Considerations: Approval will allow the City to accept a check from the VBDA and then donate the funding received to the above charities for use within the City of Virginia Beach. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Alternatives: A committee could be formed in order to identify other charities for consideration to share in the funding that was raised. ■ Recommendations: Approval of $8,745 of funding to be donated to the three local charitable programs: $2,915 to Virginia Beach City Public Schools Education Foundation Teacher Grant Program; $2,915 to Virginia Beach Health Department Healthy Families Program; and $2,915 to Virginia Beach Human Services Department College Foster Child Care Program. ■ Attachments: Recommended Action: Approval Submitting Department/Agency: Ecoonyo�mic Development City Manager I AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 RESULTING FROM THE FIRST ANNUAL VIRGINIA BEACH 3 BUSINESS APPRECIATION CHARITY GOLF CLASSIC AND 4 NETWORKING RECEPTION, WHICH THE CITY WILL 5 DONATE TO THREE LOCAL CHARITABLE PROGRAMS 7 WHEREAS, on May 2, 2008 the Virginia Beach Development Authority, the 8 Virginia Beach Minority Business Council, and the Department of Economic 9 Development hosted the first annual Virginia Beach Business Appreciation Charity Golf 10 Classic and Networking Reception at the Virginia Beach National Golf Club, which 11 generated $8,745 that can be donated to local charitable programs. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 A contribution of $8,745 is accepted and appropriated to the General Fund from 17 the first annual Virginia Beach Business Appreciation Charity Golf Classic and 18 Networking Reception. 19 20 Estimated Revenue is increased accordingly. 21 22 The contributed funds will be donated in the following manner: 23 24 (1) $2,915 to Virginia Beach City Public Schools Education Foundation 25 Teacher Grant Program; 26 27 (2) $2,915 to the Virginia Health Department Healthy Families Program; 28 and 29 30 (3) $2,915 to the Virginia Beach Human Services Department College 31 Foster Child Care Program. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the day 34 of , 2008. 35 36 Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: S (Man-ageffienf Services CA10788 R-2 June 18, 2008 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 1A 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 24, 2008 ■ Background: State law and City Code Section 10.5-2 require any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. Such permits must be renewed by City Council annually. ■ Considerations: The permits previously granted by City Council to the following entities will expire on June 30, 2008: American Lifeline Medical Transport, Children's Hospital of the King's Daughters Transport, Life Evac of Virginia Air Medical Transport, Medical Transport, Network Medical Systems, Eastern Shore Ambulance Service, and Nightingale Air Ambulance. These agencies perform services not provided by the City's volunteer rescue squads, such as non- emergency inter -facility transports. The Department of Emergency Medical Services has reviewed the renewal applications of each entity and recommends that Council adopt the attached ordinance, which will renew the permits for another year. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Services City Manager. 1� 1 AN ORDINANCE TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES 3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA 4 BEACH 5 6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 7 an emergency medical services agency or any emergency medical services vehicle within 8 the City must first obtain a permit from City Council, and such permits must be renewed on 9 an annual basis; and 10 11 WHEREAS, applications for permit renewals have been received by the following 12 agencies: American Lifeline Medical Transport, Children's Hospital of the King's Daughters 13 Transport, Life Evac of Virginia Air Medical Transport, Medical Transport, Network Medical 14 Systems, Eastern Shore Ambulance Service, and Nightingale Air Ambulance; and 15 16 WHEREAS, the above -listed private ambulance agencies perform services not 17 provided by the City's volunteer rescue squads, such as non -emergency inter -facility 18 transports, which include both basic and advance life support calls. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 21 VIRGINIA BEACH; 22 23 1. That the City Council hereby grants Emergency Medical Services permits to the 24 following agencies: 25 26 American Lifeline Medical Transport, Children's Hospital of the King's Daughters 27 Transport, Life Evac of Virginia Air Medical Transport, Medical Transport, Network 28 Medical Systems, Eastern Shore Ambulance Service, and Nightingale Air 29 Ambulance. 30 31 2. That these permits shall be effective from July 1, 2008 until June 30, 2009. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of _, 2008. APPROVED AS TO CONTENT: Emergency Medical Services CA10714 R-2 June 9, 2008 APPROVED• LEGAL SUFFICIENCY: •r K. PLANNING 1. Application of JOHN SARGENT for the Expansion of a Nonconforming Use for expansion and alternations at 203 62"d Street DISTRICT 5 — LYNNHAVEN DEFERRED INDEFINITELY RECOMMENDATION February 12, 2008 APPROVAL 2. Application of GLEN and VERONICA CUNNINGHAM for the closure of an alley to incorporate this area into their existing single-family residential lot at 621 South Atlantic Avenue. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 3. Variance to §4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO), subdivision for MILDRED FRAZIER and REED GODFREY at 1680 Godfrey Lane to subdivide this large lot into two (2) parcels. DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 4. Application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit re motor vehicle sales and service at 5070 Virginia Beach Boulevard. DISTRICT 4 — BAYSIDE RECOMMENDATION DEFER TO JULY 8, 2008 5. Application of BOBBY ROWE'S DIESEL SERVICE, INC., for a Conditional Use Permit re small engine repair/automobile repair garage at 1333 Harpers Road, Suite 107, Unit D. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 6. Application of ROBYN D. VASILE for a Conditional Use Permit re home occupation (textile art) at 5713 Ranger Street DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 7. Application of MARVIN M. and GAYLE B. ROLLINS at 609 Princess Anne Road: DISTRICT 7 — PRINCESS ANNE a. Change of Zoning District Classification from AG -2 Agricultural District to Conditional B-2 Community Business District re office -warehouses, self -storage units, and a restaurant b. Conditional Use Permit for mini -warehouses RECOMMENDATION APPROVAL 8. Application of HOME ASSOCIATES OF VIRGINIA, INC (approved by City Council on June 13, 2006 for LBH, L.L.C.) Roads to relocate commercial sites and vehicular access. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION for Modification of Proffers at Princess Anne and Sandbridge APPROVAL 9. Application of CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions (approved by City Council on November 10, 1986, at St. Gregory the Great) 5345 Virginia Beach Boulevard, to allow the construction of a prefabricated metal storage building on a slab. DISTRICT 2 — KEMPSVILLE RECOMMENDATION 10. Application of CILOU, L.L.C. for a Modification of Conditions [approved by City Council on May 12, 1.992, and October 29, 1996, (M. R. & Mary R. Welch), October 13, 1992 (McKenzie Construction Corp.)], at 588 Central Drive re eliminating all previous conditions and establishing new conditions for the entire site. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 11. Ordinances of the CITY OF VIRGINIA BEACH: a. AMEND Section 212 of the City Zoning Ordinance (CZO), and ADD a new Section 212.2, re motor vehicle signs RECOMMENDATION APPROVAL b. AMEND Appendix D — Stormwater Management Ordinance re variances c. AMEND Appendix F - Chesapeake Bay Preservation Area Ordinance re maintenance agreements for structural best management practices, post development runoff load and impervious cover RECOMMENDATION APPROVAL iH NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City: Hall, Municipal Center, 2401 Courthouse Drive, Tuesday,' June 24, 200B, at 6:00 P.M. The following applications will be heard: DISTRICT 6 - BEACH GLEN CUNNINGHAM & VERONICA CUNNINGHAM Application: Discontinuance, closure and abandonment of a portion of an unimproved, unnamed alley adjacent to Lot 19, Block 22, Croaten Beach, 621 South Atlantic Avenue. CILOU, L.L.C. Application: Modification of Conditions for requests approved by City Council on May 12, 1992 (M. R. & Mary R. Welch), October 13, 1992 (McKenzie Construction Corp.), and October 29, 1996 (M. R. Welch at 588 Central Drive (GPINs 1496767822; -4804). BOBBY ROWE'S DIESEL SERVICE, INC. Application: Cond'Rion@ Use Pernit for small engine repair/automobile repair garage at 1333 Harpers Road, Suite 107, Unit D (GPIN 24163031410107). DISTRICT 5 - LYNNHAVEN MILDRED FRAZIER & REED GODFREY for an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance at 1680 Godfrey Lane (GPIN 2409230703). JOHN SARGENT Application: Expansion of a Nonconforming Use at 203 62nd Street (GPIN 24197233980203). DISTRICT 7 - PRINCESS ANNE HOME ASSOCIATE$ OF VIRGINIA, INC. Application:I Modification of Conditions for a request approved by City i Council on June 13, 2006 (LBH, L.L.C.) at Princess Anne and Sandbridge Roads (GPINs 2414014092; 2404809627; 2403698016: 2403890019; -890088; -798068; -3035). MARVIN M. ROLLINS AND GAYLE B. ROLLINS Application: Change of Zoning District Classification from AG -2 Agricultural to Conditional B-2 Community Business and Conditional Use Perm' for mini -warehouses. The Comprehensive Plan designates this area as a village node within the Rural Area. The purpose of the rezoning is to develop office -warehouses, self -storage units, and a restaurant at 609 Princess Anne Road (GPIN 2308895225). DISTRICT 2 - KEMPSVILLE ROBYN D. VASILE Application: Conditional Use Permit for a home occupation (art) at 5713 Ranger Street (GPIN 1456848979). CATHOLIC DIOCESE OF RICHMOND Application: Modification of Conditions for a request approved by City Council on November 10, 1986 (St. Gregory the Great, Catholic Diocese of Richmond) at 5345 Virginia Beach Boulevard (GPIN 1467567211). DISTRICT 4 - BAYSIDE CHECKERED FLAG MOTOR CAR CO., INC. Application: Conditional Use Permit for motor vehicle sales and service at 5070 Virginia Beach Boulevard (GPIN 1467960131). CITY OF VIRGINIA BEACH Ordinance to amend Appendix F • Chesapeake Bay Preservation Area Ordinance pertaining to maintenance agreements for structural best management practices, post development runoff load and impervious cover. Ordinance to amend Section 212 of the City Zoning Ordinance and add a new Section 212.2, pertaining to Motor Vehicle Signs. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at If you are physically disabled or visually Impelled and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303. Beacon June 8 & 15, 2008 18821398 Item L.4. PLANNING Voting: 10-0 (By Consent) Council Members Voting Aye: -46 - ITEM # 57329 (Continued) Harry E. Diezel, William R. "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Nene Council Members Absent: Ron A. Villanueva February 12, 2008 -45 - Item L.4. ITEM # 57329 PLANNING Attorney John Richardson, represented the applicant, Dr. John Sargent, who does not reside in Virginia Beach. He spends most of his time in South Africa, an absentee landlord, but he relies upon the contractor to obtain the necessary permits and approvals to do this work. The contractor was to convert a portion of the glassed -in wall on the rear of Unit 203 to a living area, to rehabilitate and expand the utility room, and to add a new set of exterior stairs on the northern section of the structure. Even though three (3) dwellings exist on the site, the total lot coverage and floor area for all three (3) strutures does not exceed that permitted in the R -5R Resort Residential District. The contractor appears to have done nothing in accordance with City statutes. There is no record of any application to City Council to make improvements to this nonconforming use. Dr. Sargent intends to frle a complaint with the State Board for Contractors. The following spoke in OPPOSITION: Dave Jester, President — North Virginia Beach Civic League, 200 63'd Street, Phone: 431-1677. Mr. Jester is also a member of the Civic League's Review Committee, a licensed contractor for twenty-five (25) years and an adjacent property owner. Normally, an applicant would appear before the Review Committee prior to commencing work. Upon motion by Councilman Wood, seconded by Councilman Diezel, City Council DEFERRED for a MAXIMUM OF 60 DAYS, Resolution upon application of JOHN SARGENT for Expansion of a Nonconforming Use re the conversion of a glassed -in porch, expansion of a utility room and add a new set of exterior stairs at 203 62"d Street: The applicant shall meet with the North Beach Civic League and their Design Review Committee A Design Professional (architect or engineer) shall be engaged to review what has been done, evaluate and meet with the City's Inspection Staff. APPLICANT TO WORK WITH CITY STAFF FOR COMPL]ANCE: RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE FOR JOHN SARGENT Resolution authorizing the Enlargement of a Nonconforming Use on property located at 203 62"d Street (GPIN 24197233980203) for John Sargent February 12, 2008 JOHN SARGENT Non -Conforming Use Relevant Information: • Lynnhaven District • The applicant requests approval of alterations and enlargement of a nonconforming use. The site is nonconforming because three (3) dwellings currently exist on the site. • The applicant hired a contractor to convert a portion of the glassed - in porch on the rear of Unit 203 to living area, to rehabilitate and expand the utility room, and to add a new set of exterior stairs on the northern section of the structure. • City Council deferred the application, directing the applicant to (1) meet with the North End Civic League and (2) hire a design/construction professional to review, in conjunction with City staff, the work that has been done for compliance with the appropriate Codes. Evaluation and Recommendation: 0 Planning Staff recommends approval CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution authorizing the Expansion of a Nonconforming Use on property located at 203 62nd Street (GPIN 24197233980203) for John Sargent. DISTRICT 5 — LYNNH"EN. MEETING DATE: June 24, 2008 ■ Background: On February 12, 2008, the City Council. indefinitely deferred this application, with the proviso that the application be returned to the City Council within 60 days. On May 6, 2008, the application was deferred for an additional month. The City Council directed the applicant to (1) meet with the North End Civic League to have that group review the proposal, and (2) have a qualified design professional assess the work done to the structure and, in consultation with the City Building Official, determine the necessary actions to ensure the work complies with the Building Code. The applicant hired a qualified design professional to evaluate the work that has been done, and the professional's report is attached. The applicant requests approval of and expansion to a nonconforming use. The site is nonconforming because three (3) dwellings currently exist on the site. Based on the size of the lot, the R -5R Resort Residential district allows one (1) single-family dwelling or one (1) duplex dwelling. The subject dwelling and the detached garage with workshop are original dwellings built in 1944 on 62nd Street. At some point in the past, the detached garage with workshop was converted to a garage apartment with workshop. In January 1989, previous owners obtained a building permit to add another dwelling unit, 205 62nd Street, to the site. In June 1989, the previous owners created a condominium on the site with each dwelling unit being a separate condominium. Unit 203-A consists of the garage apartment located at the rear of the lot. Unit 203, the subject unit, consists of the dwelling located at the middle of the lot. Unit 205 consists of the dwelling located at the front of the lot. Unit 203 and Unit 205 are physically connected and are, therefore, considered a duplex. After converting the lot to condominium, the dwellings were then sold to different people. Considerations: The applicant hired a contractor to convert a portion of the glassed -in porch on the rear of Unit 203 to living area, to rehabilitate and expand the utility room, and to add a new set of exterior stairs on the northern section of the structure. The conversion of the glassed -in porch and the expansion of the utility room occurred John Sargent / Nonconforming Use Application Page 2of2 under existing roofs and did not expand the footprint of the structure. The only external expansion of the structure occurred with the addition of the new stairs. The addition of the stairs does not encroach any further into the side yard setback than the existing structure and does not encroach into the rear yard setback. Even though three (3) dwellings exist on the site, the total lot coverage and floor area for all three (3) structures does not exceed that permitted in the R - 5R Resort Residential District. There was little if any change to the exterior of the structure than what existed prior to the conversion, expansion, and addition of the stairs. ■ Recommendations: The expansion and alterations are reasonable, have a minimal impact, and are as appropriate to the district as the existing non -conforming use. The following condition of approval is recommended: The applicant shall obtain all the necessary permits from the Permits and Inspections Division of the Planning Department, and a Certificate of Occupancy from the Building Official. ■ Attachments: Staff Review Disclosure Statement Location Map Resolution Recommended Action: Approval as conditioned. Submitting Department/Agency: Planning Department City Manager. k ,�'6v t, 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 203 62nd STREET, LYNNHAVEN DISTRICT 4 WHEREAS, John Sargent (hereinafter the "Applicant"), has made application to 5 the City Council for authorization to enlarge a nonconforming use with additions to a 6 duplex structure on a certain lot or parcel of land having the address of 203 62nd Street, 7 in the R -5R Zoning District; and 8 9 WHEREAS, the said use is nonconforming, as the parcel contains both a single - 10 family dwelling (garage apartment) and a duplex, which is not presently allowed in the 11 R -5R Zoning District but was constructed prior to the adoption of the Zoning Ordinance; 12 and 13 14 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 15 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 16 City Council authorizing such action upon a finding that the proposed use, as enlarged, 17 will be equally appropriate or more appropriate to the zoning district than is the existing 18 use; 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the City Council hereby finds that the proposed use, as enlarged, will be 24 equally appropriate to the district as is the existing use. 25 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 29 That the enlargement of the duplex dwelling is hereby authorized, upon the 30 following condition: 31 32 The applicant shall obtain all necessary permits from the Permits and Inspections 33 Division of the Planning Department and a Certificate of Occupancy from the Building 34 Official. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 37 June, 2008. APPROVED AS TO CONTENT: CA10615/R-Wanuary 29, 2008 APPROVED AS TO LEGAL SUFFICIENCY: 1 A// City ttorney's Office W K W W Z SPCO STRUCTURAU S May 27, 2008 Department of Permits and Inspections City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Re: 203 62nd Street To Whom It May Concern: I have reviewed the conversion and addition at the referenced location. There are several areas of concern. The first area is the additional foundations and girders added to the structure. I have reviewed the areas after some corrections were made and the foundation, girder, floor framing system is now capable of supporting the design loads. There was also a LVL beam placed to support part of the addition. The LVL was properly sized to support the design live and dead loads. The stairs were no correctly sized for riser height and width. I have reviewed the installation of the new stairs and the stairs are properly sized and the posts properly installed into the ground. The stairs will support the required design live and dead loads. One addition question was one of fire separation requirements. The rear unit used to be two units and is now combined into one unit. There were no modifications of the wall between the front and rear units, therefore the fire separation question is not applicable in this situation. Therefore the addition will support all required designed live and dead loads. I did not review the wiring or plumbing in the unit, which was reviewed by Mike Bertolino. ,A Sinclair Pratt Cameron, P.C. 1630 Donna Drive, Suite 103, Virginia Beach, VA 23451 757.417.0565 p 757.417.0568 f service(dspc-eng.com www.spc-eng.com KAUFMAN & CANOLES I A Professional Corporation I Attorneys and Counselors at Law June 11, 2008 William Almond WPL, Inc. 242 Mustang Trail, Suite 8 Virginia Beach, VA 23452 Re: JOHN L. SARGENT 203 62"d Street, Virginia Beach, VA Our File No. 0130483 Dear Billy: John W. Richardson 757 / 491-4004 jwrichardson@kaufcan.com 757 / 491-4000 f—: 757 / 491-4020 Mailing Addrrss. PO. Box 626 Virginia Beach, VA 23451 2I01 Parks Avenue Suite 700 Virginia Beach, VA 23451 You will find enclosed herewith a letter from Mike Bertolino describing the work performed and including a copy of the bills that Dr. Sargent has incurred in bringing the work to Code. Please advise if you require anything further in this regard fo4A,q,Civic League. Many thanks. JWR/ttd Enclosures cc: Dr. John L. Sargent .son Disclosure Required by Internal Revenue Service Circular 230: This communication is not a tax opinion. To the extent it contains tax advice, it is not intended or written by the practitioner to be used, and it cannot be used by the taxpayer, for the purpose of avoiding tax penalties that may be imposed on the taxpayer by the Internal Revenue Service. Chesapeake Hampton Newport News Norfolk www.kaufmanandcanoles.com Richmond Williamsburg BEF?TOLINO BROS., INC., Ila MIKE BERTOLINO & CO. PLUAMING - ELECTRICAL - REMODELING / 2224 W GREAT NECK RD, SUITE D„ VIRGINIA BEACH, VA 23451 / OFC 757-481-0900 /FAX 757-496-6063 June S, 2008 Re: 203 62"d Street, Virginia Beach, VA. To Whom It May Concern: Please be advised that we have checked the plumbing and electrical systems (all that are visible) and have done some minor repairs to bring said systems up to code. We have also done some structural repairs as per instructions of the engineer. I have enclosed the invoices pertaining to the repairs for your review. If you have any questions, please call my office Thank you. Yours truly, 41�1-- Michael T. Bertolino Encls. CLASS A CONTRACTOR LICENSE NO. 2705-103072-A MIKE BER TOLINO & CO. Plumbing - Electrical - Remodeling 2224 W Great Neck Road, Ste D Virginia Beach, rxrginia 23451 Ofc (757) 481-0900/Fax(7S7) 496-6063 BILL TO Mr. Sargent — -- -- - --- - -- - JOB LOCATION 203 62nd Street Virginia Beach, VA Invoice DATE INVOICE # 3/27/2008 36252 P.O. NO. TERMS DATE COMPLETED Due on receipt 317/2008 DESCRIPTION of WORK PLUMBING SERVICE: 1. Plumbing upstairs - installed quick vent under vanity for vent and re piped to fit drain sinks. 2. Kitchen sink - re piped drain under kitchen sink with quick vent and installed new trap to fit fixture. MATERIAL (see attached) LABOR TRIP CHARGE NOTE: Checked all vtsable plumbing installation - OK. Thank you for your business. Total WORK DONE BY Mike AMOUNT 248.55 600.00 25.00 r $873.55 MIKE BER TOLINO & CO. Plumbing - Electrical - Remodeling 2224 W Great Neck Road, Ste D Virginia Beach, Virginia 23451 Dfe (757) 481-0900 / Fax(757) 496-6063 BILL TO Mr. Sargent JOB LOCATION 203 62nd Street Virginia Beach, VA Invoice DATE INVOICE # 412312008 36456 P.O. NO. TERMS DATE COMPLETED WORK DONE BY Due on receipt 31712008 Bill DESCRIPTION of WORK AMOUNT CARPENTRY WORK: Remove existing deck stairs and haul away. Supply materials and rebuild stairs and hand rails to code as required. AS PER ESTIMATE 2,500.00 Thank you for your business. Total $2,500.00 MIKE BER TOLINO & CO. Plumbing - Electrical - Remodeling 2224 W Great Neck Road, Ste D Virginia Beach, Virginia 23451 Ofc (757) 481-0900/Fax(757) 496-6063 BILL TO Sargent JOB LOCATION 203 62nd Street Virginia Beach, VA Invoice DATE INVOICE # 61512008 36597 P.O. NO. TERMS DATE COMPLETED WORK DONE BY Due on receipt 512112008 Bill DESCRIPTION of WORK AMOUNT CARPENTRY WORK: 1.. Supplied and installed jack under sill plate to support area as required. 2. Installed 2x8 pressure treated floor joist and attached to existing as required. MATERIAL & LABOR 575.00 Thank you for your business. Total $575.00 MIKE BERTOLINO & CO. Plumbing - Electrical - Remodeling 2224 W Great Neck Road, Ste D Virginia Beach, Virginia 23451 Ofc (75 7) 481-0900 / Fax(757) 496-6063 BILL TO Sargent JOB LOCATION 203 62nd Street Virginia Beach, VA Anvoke DATE INVOICE # 615/2008 36503 P.O. NO. TERMS DATE COMPLETED WORK DONE BY Due on receipt 5/2112008 Bill DESCRIPTION of WORK AMOUNT CARPENTRY WORK: L. Supplied and installed jack under sill plate to support area as required. 2. Installed 2x8 pressure treated floor joist and attached to existing as required. MATERIAL & LABOR 575.00 Thank you for your business. Tota] $575.00 MIKE BERTOLINO & CO. Plumbing - Electrical - Remodeling 2224 W Great Neck Road, Ste D Virginia Beach, Virginia 23451 Ofc (757) 481-0900/Fax(757) 496-6063 BILL TO Mr. Sargent JOB LOCATION 203 62nd Street Virginia Beach, VA Invor."ce DATE INVOICE # _ 615/2008 36597 JOHN SARGENT June 24, 2008 City Council Meeting Staff Planner: Faith Christie REQUEST: Alterations and Enlargement to a Nonconforminq Use for enclosure of a glassed in porch, expansion of a utility room, and addition of new stairs. Use ADDRESS / DESCRIPTION: Property located at 203 62nd Street GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24197233980203 5 - LYNNHAVEN 12,375 square feet SUMMARY OF REQUEST The applicant requests approval of alterations and enlargement to a nonconforming use. The site is nonconforming because three (3) dwellings currently exist on the site. Based on the size of the lot, the R -5R Resort Residential district allows one (1) single- family dwelling or one (1) duplex dwelling. The subject dwelling and the detached garage with workshop are original dwellings built in 1944 on 62nd Street. At some point in the past, the detached garage with workshop was converted to a garage apartment with workshop. In January 1989, previous owners obtained a building permit to add another dwelling unit, 205 62nd Street, to the site. In June 1989, the previous owners created a condominium on the site with each dwelling unit being a separate condominium. Unit 203-A consists of the garage apartment located at the rear of the lot. Unit 203, the subject unit, consists of the dwelling located at the middle of the lot. Unit 205 consists of the dwelling located at the front of the lot. Unit 203 and Unit 205 are physically connected and are, therefore, considered a duplex. After converting the lot to condominium, the dwellings were then sold to different people. The applicant hired a contractor to convert a portion of the glassed -in porch on the rear of Unit 203 to living area, to rehabilitate and expand the utility room, and to add a new set of exterior stairs on the northern section of the structure. The conversion of the glassed -in porch and the expansion of the utility room occurred under existing roofs and did not expand the footprint of the structure. The only external expansion of the structure occurred with the addition of the new stairs. The addition of the stairs does not JOHN SARGENT June 24, 2008 City Council Meeting Page 1 encroach any further into the side yard setback than the existing structure and does not encroach into the rear yard setback. Even though three (3) dwellings exist on the site, the total lot coverage and floor area for all three (3) structures does not exceed that permitted in the R -5R Resort Residential District. There was little if any change to the exterior of the structure than what existed prior to the conversion, expansion, and addition of the stairs. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Three (3) dwellings (a duplex and a garage apartment), associated parking, and landscaping exist on the site. The site is zoned R -5R Resort Residential. SURROUNDING LAND North: . Vacant lot USE AND ZONING: South: 0 62nd Street East: . Single-family dwelling / R -5R Resort Residential West: . Semi-detached dwellings / R -5R Resort Residential NATURAL RESOURCE AND CULTURAL FEATURES: The site is heavily landscaped with native vegetation. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES There is no impact to City Services. Staff recommends approval of this EVALUATION AND RECOMMENDATION request. The proposed alterations and enlargement are reasonable, have minimal impact, and are as appropriate to the district as the existing non -conforming use. The main external expansion of the structure occurred with the addition of the new stairs. The addition of the stairs does not encroach any further into the side yard setback than the existing structure and does not encroach into the rear yard setback. The request, therefore, is acceptable. JOHN SARGENT June 24, 2008 City Council Meeting Page 2 CONDITIONS 1. The applicant shall obtain all the necessary permits from the Permits and Inspections Division of the Planning Department, and a Certificate of Occupancy from the Building Official. 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. JOHN SARGENT June 24, 2008 City Council Meeting Page 3 r� EXHIBIT C o •1 , o 1, Tr[ M\frfN\t1 LRr\ f\\T\r\f- rt\i\r ILtr N f+arrart R\\ tORlrttf/ s/r- Eters"/f -n-Nto) M l f\[ pr1 OI \Marl. R\r ALL Nrrf ff\I6 71 \ rtrtM wTt alto iMtlffTNLlr frn►lrrea ibak rs w: i [1f N0 WA COtlMrtrM rrrt YINer rrU rr/r[\ commw AWA PPR 17T tat f//rtr vaomw tri+ prr R+r 904 IrrriiP CP/IYf AAAA FOR Or No Pigs t A41T-li':'1'1i'03�3 all Nf!+//7!!!laPCPa t\I-sa'af-Y _igoP -• ab m fTj,R Am ir . - •. `w, `: NYCVI[Rvf:-KA11T)T/ ' 1YtYJ!'0 904000,MW PLAT or ND 8THEET (so' R/wi 205 frNa 1TREET t LrrFNerr ♦m-M.Ar! f 9yrf01WM I in,er LOT ! ftoa I ddCTIOM a 460.[\\tri♦aRPRr J•�W' Wr M[RRIY/I AgACW Nf ALd---&AiA, "To tR' ,wyd rf.ffdrr�,l / V LrAVSRRir ftfe•I\r W&OW&N frrtr, wi- ^ • AW \tl .I!� ♦ � �tff�llr Roar !! " W how PROPOSED SITS. PL ►N - JOHN SARGNT June 24, 2008 City bbuncit Me4ing q k, R#je .. A Armr: In MIN Mf � "+A. w 15 �u� All .. y �' 1. 1/28/92 Alteration to a Nonconforming Use Withdrawn 2. 12/12/07 Subdivision Variance A roved ZONING HISTORY JOHN SARGENT June 24, 2008 City Council Meeting Page 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) /V %- )91 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: '1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) List all -businesses that have a parent -subsidiary' or Offi relationship with the applicant: (Attach list if necessary) business entity, Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. T 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Non -Conforming Use Application Page 8 o19 Revised 7/3/07 JOHN SARGENT June 24, 2008 City Council Meeting Page 7 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) I Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z "Affiliated business entity relationship" means 'a relationship. other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities', there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code § 22-3101 CERTIFICATION: I certify that the information contained herein Is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing. 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. I Applicant's Sig6aturi Property wner' Ig atu if different than applicant) Non -Conforming Use Application Page 9 of 9 Revised 7,3107 Print Name T l^.n ), .)c Print Name JOHN SARGENT June 24, 2008 City Council Meeting Page 8 DISCLOSURE STATEMENT -11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) n . . n ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. nt's S" atur� , Print Name y. 1" i r ,'/�; Pr Own' re (i iffere tha applicant) Print Name O O V 0 NorrConbrmirq Use Application Page 9 of 9 Revised 7/3107 JOHN SARGENT June 24, 2008 City Council Meeting Page 9 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ,o —1 . 0 , I1 ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 7 Applicant's Signature Print Namey " Property Owner's r ignature f different than applicant) Pnnt Name Non -Conforming Use Appkabw Page 9 of 9 Revised 7/3107 JOHN SARGENT June 24, 2008 City Council Meeting Page 10 CUNNINGHAM SvNr t C oAire Relevant Information: Beach District Applicants request closure of half of the unimproved alley behind their property in Croatan so they may incorporate the area into their lot. Viewers met and determined that the proposed closure will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (9-0) • No opposition (Consent Agenda). u s� r�4 y Y � u � S s _ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: In the matter of closing, vacating and discontinuing a portion of that certain unimproved alley known as "7.5'X 50' PORTION OF ALLEY TO BE CLOSED (375 S.F./0.009 AC.)" as shown on that certain plat entitled: "PLAT SHOWING PORTION OF 15' ALLEY ADJACENT TO LOT 19, BLOCK 22 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED VIRGINIA BEACH, VIRGINIA" DISTRICT 6 — BEACH. MEETING DATE: June 24, 2008 ■ Background: Glen Cunningham and Veronica Cunningham (the Applicants) request that the City Council close the eastern 7.5 feet of a 15 -foot wide unimproved alley adjacent to their property at 621 S. Atlantic Avenue for the purpose of incorporating this area into their existing single-family residential lot. ■ Considerations: The City Council has a policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public accesses to the beach in the Croatan area. The Viewers have determined closure and abandonment of a portion of the unimproved alley will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. The Planning Commission placed this item on the consent agenda because the closure will not result in public inconvenience, the request is consistent with the City Council's policy to dispose of undeveloped alleys in the Croatan community, and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Glen Cunningham & Veronica Cunningham Page 2of2 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Pla ning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. i GLEN CUNNINGHAM & VERONICA CUNNINGHAM Agenda Item 18 May 14, 2008 Public Hearing Staff Planner: Faith Christie REQUEST: Discontinuance, closure and abandonment of a portion of an unimproved alley adjacent to Lot 19, Block 22, Croatan Beach ADDRESS / DESCRIPTION: Property located at 621 South Atlantic Avenue COUNCIL ELECTION DISTRICT: 6 -BEACH SITE SIZE: 375 square feet SUMMARY OF REQUEST The applicant requests the discontinuance, closure and abandonment of a portion of an unimproved alley adjacent to their lot. It is the intent of the applicant to incorporate the closed portion of the alley into the applicant's lot. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped 15 -foot alley SURROUNDING LAND North: . Single-family dwelling / R-10 Residential USE AND ZONING: South: . Single-family dwelling / R-10 Residential East: . South Atlantic Avenue West: . 15 -foot unimproved alley • Single-family dwelling / R-10 Residential GLEN CUNNINGHAM & VERONICA CUNNINGHAM AGENDA ITEM 18 Page 1 NATURAL RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL FEATURES: site. AICUZ: The site is in an AICUZ of 65-70 dB Ldn, Sub -Area II surrounding NAS Oceana. IMPACT ON CITY SERVICES PUBLIC WORKS: There are no Public Works structures within the subject right-of-way. WATER AND SEWER: There are no water and sewer facilities within the subject right-of-way. PUBLIC SAFETY: Police: No issues Fire and Rescue: No issues PRIVATE UTILITIES: Preliminary comments from the private utility companies indicate there are no private utilities within the subject right-of-way. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan recognizes this area 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 request is in keeping with the Plan recommendations for the area. Evaluation: The City Council adopted a policy aimed at disposing of undeveloped right-of-ways to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public access to the beach in the Croatan area. The Viewers have determined closure and abandonment of a portion of the alley will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. The proposed street closure is recommended for approval with the conditions below. GLEN CUNNINGHAM & VERONICA CUNNINGHAM AGENDA ITEM 18 Page 2 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The applicant shall include an easement for current and future stormwater conveyance as determined by the City of Virginia Beach Public Works / Operations Management Division during plat review. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 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. GLEN CUNNINGHAM & VERONICA CUNNINGHAM AGENDA ITEM 18 Page 3 -� A To BE CLOSED SURVEY of ORE CUNN►NGHAM 4j4 HAM & VEP'C AG04[ ►TEM 1 4 GLEN CUN Page 4 1. 7/11/00 Street Closure Approved 2. 3/24/04 Street Closure Approved ZONING HISTORY GLEN CUNNINGHAM & VERONICA CUNNINGHAM AGENDA ITEM 18 Page 5 v.) O a V DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 19"Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. (List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Street Closure Appticetion Page 10 of 11 Revised 7/3107 GLEN CUNNINGHAM & VERONICA CUNNINGHAM AGENDA ITEM 18 Page 6 11 DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES [ervices: l known contractors or businesses that have or will provide services with respect requested property use, including but not limited to the providers of architectural es, real estate services, financial services, accounting services, and legal (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of PI in44alphot3gr�d view the site for purposes of processing and evakkating this application. J 1. c+c rid C, o', 1 J Applicant's Signature Print Name operty Owner's Signatu (if different than applicant) Print Name Street Closure Application Page 11 of 11 Revised 7=7 zsi CA.) O a V GLEN CUNNINGHAM & VERONICA CUNNINGHAM AGENDA ITEM 18 Page 7 Item #18 Glen Cunningham & Veronica Cunningham Discontinuance, closure and abandonment of a portion of An unimproved, unnamed alley adjacent to Lot 19, Block 22, Croatan Beach 621 South Atlantic Street District 6 Beach May 14, 2008 CONSENT Joseph Strange: The next matter is item 18, Glen Cunningham and Veronica Cunningham for the discontinuance, closure and abandonment of a portion of an unimproved, unnamed alley adjacent to Lot 19, Block 22, Croatan Beach, 621 South Atlantic Avenue, District 6, Beach, with four conditions. Eddie Bourdon: Thank you. For the record, I'm Eddie Bourdon, a Virginia Beach attorney representing the Cunninghams. All the conditions are acceptable and we appreciate being on the consent agenda. Joseph Strange: 'Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Jay Bernas to review this item. Jay Bernas: Thank you. The applicant wishes to close the unimproved alley adjacent to their lot. The intent of" the applicant is to incorporate the closed portion of the alley into their lot. This is similar to other street closures that we've had in the Croatan Beach neighborhood, and we had no objections from the neighbors, so therefore, the Commission placed this on the consent agenda for approval. Joseph Strange: Thank you Jay. Chairman, I have a motion to approve agenda item 18. Janice Anderson: Thank you. I have a motion by Joe Strange and a second by Barry Knight. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE ABSENT HENLEY AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE Item #18 Glen Cunningham & Veronica Cunningham Page 2 STRANGE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 18 for consent. 1 IN THE MATTER OF CLOSING, VACATING AND 2 DISCONTINUING A PORTION OF THAT CERTAIN 3 UNIMPROVED ALLEY KNOWN AS "7.5' X 50' 4 PORTION OF ALLEY TO BE CLOSED (375 5 S.F./0.009 AC.)" AS SHOWN ON THAT CERTAIN 6 PLAT ENTITLED: "PLAT SHOWING PORTION OF 7 15' ALLEY ADJACENT TO LOT 19, BLOCK 22 8 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 9 VIRGINIA BEACH, VIRGINIA" 10 11 12 WHEREAS, Glen Cunningham and Veronica Cunningham, (the 13 "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the 14 hereinafter described alley discontinued, closed, and vacated; and 15 16 WHEREAS, it is the judgment of the Council that said alley be 17 discontinued, closed, and vacated, subject to certain conditions having been met on or 18 before one (1) year from City Council's adoption of this Ordinance; 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 21 Virginia Beach, Virginia: 22 23 SECTION 1 24 25 That the hereinafter described alley be discontinued, closed and vacated, 26 subject to certain conditions being met on or before one (1) year from City Council's 27 adoption of this ordinance: 28 29 All that certain piece or parcel of land situate, lying and being 30 in the City of Virginia Beach, Virginia, designated and 31 described as 7.5' X 50' PORTION OF ALLEY TO BE 32 CLOSED (375 S.F./0.009 AC.)" shown as the cross-hatched 33 area on that certain plat entitled: "PLAT SHOWING 34 PORTION OF 15' ALLEY ADJACENT TO LOT 19, BLOCK 35 22 CROATAN BEACH M.B. 24 P. 37 TO BE CLOSED 36 VIRGINIA BEACH, VIRGINIA" Scale: 1"=20', dated March 37 27, 2008, prepared by Gallup Surveyors & Engineers, LTD., 38 a copy of which is attached hereto as Exhibit A. 39 40 41 42 43 44 GPIN:2426-39-5552-0000 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate -the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right -of - 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before June 23, 2009, 79 this Ordinance will be deemed null and void without further action by the City Council. 80 81 2. If all conditions are met on or before June 23, 2009, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the 85 underlying fee, the City Manager or his designee is authorized to execute whatever 86 documents, if any, that may be requested to convey such interest, provided said 87 documents are approved by the City Attorney's Office. 88 E 89 90 91 92 93 94 95 96 97 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and GLEN CUNNINGHAM and VERONICA CUNNINGHAM, as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this day of _ , 2008. CA10573 V:\applications\citylawprod\cycom32\Wpdocs\D009\P004\00059307. DOC R-1 June 9, 2008 3 TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 116f-,�11 City Attorne EXHIBIT & o+ � t§ 9 \% q - § ` $ \ * M W - (% §$k{E !-m-o \ i§�)22442 §, \[�02M\ mk* e a > % § w D § f 2 Q § / , } � § §V 0 03 ~ - 7§m §m ._-/�.�o_ o} DO' ;; 22 31: z ® � k§ � � k ( - m �� za y � < ] � CA-- t� �®Q {}\ /§f (iVId-3AY arK)dv3) 0 0H N 1 080 � FRAZIER AND GODFREY Mildred Frazier and Subdiviwn Variance Relevant Information: • Lynnhaven District • The applicant requests a Subdivision Variance, which will result in the division of an existing parcel into two (2) lots. • A subdivision variance is necessary because the lots have no frontage on a public right-of-way. Access is via a private street known as "Godfrey Lane." This private street is approximately 1,200 feet long before it transitions to a public right-of-way of the same name. • The construction of the homes has been reviewed and approved by the Chesapeake Bay Board. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (9-0) • There was opposition CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MILDRED FRAZIER & REED GODFREY for an Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance. Property is located at 1680 Godfrey Lane (GPIN 2409230703). DISTRICT 5 — LYNNHAVEN. MEETING DATE: June 24, 2008 ■ Background: The existing lot is 4.52 acres and is zoned R-30 Residential District. It is the intent of the applicant to subdivide this large lot into two (2) parcels, neither of which will have the required lot width of 125 feet. The lot was recorded on February 13, 1959. The existing home on the property is slated for demolition. This site, along with 13 other lots, are provided ingress and egress to a public right-of-way via a private road known as "Godfrey Lane." This private street is approximately 1,200 feet long before it transitions to a public right-of-way of the same name to the south. ■ Considerations: Lot A (as shown on the plat on page 6 of the attached staff report) is proposed as 49,944 square feet and Lot B is proposed as 147,376 square feet, although not all of this area is located on high land. The City's Zoning Ordinance requires that lots within the R-30 district have at least 24,000 square feet of land above water, marsh and wetlands. Both lots exceed this requirement, as Lot A is proposed as 43,593 square feet of upland and Lot B is proposed as106,773 square feet of upland. The City's Chesapeake Bay Preservation Area Board reviewed and approved a request for encroachment into the RPA on February 22, 2008. As reported to the Chesapeake Bay Preservation Area Board, Staff is recommending a condition that both lots be served by public sewer located in the public right-of-way located approximately 1,200 feet to the south. The Department of Public Utilities has indicated that this is indeed possible. There is an existing gravel driveway that serves Parcel 1 to the east of the subject site. As a means of decreasing encroachments into the Resource Protection Area, this driveway will be relocated into an ingress/egress and utility easement that will serve both Parcel 1 and Lot B. A 20 foot wide ingress/egress and utility easement are also proposed for Parcel 2 to the west. It does not Mildred Frazier & Reed Godfrey Page 2of2 appear that either Parcel 1 or Parcel 2 currently have a legal ingress/egress from Godfrey Lane. Should this variance be approved, the plat that will be recorded will grant those parcels legal access. This site, at 4.52 acres, is much larger in size as compared to surrounding properties, which in itself is a hardship demonstrating the need for a Subdivision Variance. The majority of the sites located on the private drive of Godfrey Lane are in the two -acre range, with the largest being over five (five) acres with a relatively new home on it. Staff has reviewed the zoning history for the area, which does show several similar Subdivision Variances granted over the last decade for lots in the Great Neck area that are similar to the subject site in their unusual size and configuration, and that have access via private roads. The Planning Commission placed this item on the consent agenda because the proposal would be developed in manner that would blend with the surrounding neighborhood, the lot's large size at the end of a private right-of-way create a hardship demonstrating the need for a variance, and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-2 to approve this request with the following conditions: 1. The parcels shall be subdivided and recorded as depicted on the plan entitled "Preliminary Subdivision of Property of Allie O. Godfrey Property' prepared by the Gallup Surveyors & Engineers, dated July 25, 2007. This exhibit is on file with the Planning Department. 2. As reported to the Chesapeake Bay Preservation Area Board, both lots shall connect to City sewer, located in the public right-of-way in Godfrey Lane or as otherwise deemed acceptable to the Department of Public Utilities. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: vL 7-�8 &-.-t MILDRED FRAZIER & REED GODFREY Agenda Item 7 May 14, 2008 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Mildred Frazier and i' wa 1• o t � X 11-;x`► .f�1�� 1 L + , Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance. Specifically, the request is for a two (2) lot subdivision: Lot A is proposed with 49,944 (1.15 acres) square feet and Lot B is proposed with 147,376 square feet (3.29 acres). ADDRESS / DESCRIPTION: Property located at 1680 Godfrey Lane GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24092307030000 5 — LYNNHAVEN 4.52 acres Existing Lot: The existing lot is 4.52 acres and is zoned R-30 SUMMARY OF REQUEST Residential District. The lot was recorded on February 13, 1959. The existing home on the property is slated for demolition. This site, along with 13 other lots, are provided ingress and egress to a public right-of-way via a private road known as "Godfrey Lane." This private street is approximately 1,200 feet long before it transitions to a public right-of-way of the same name. With the development of the adjacent subdivision to the south (The Reserve), a portion of this private street was improved and dedicated to the City. Proposed Lots: It is the intent of the applicant to subdivide this large lot into two (2) parcels, neither of which will have the required lot width of 125 feet. Item Requor L.ot A Lat B Lot Width in feet 125 0* 0* Lot Area insquare feet 30,000 49,944 147,376 "Variance required FRAZIER AND GODFREY Agenda Item 7 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Tributary of the Lynnhaven River USE AND ZONING: South: . Single-family dwelling / R-30 Residential District East: . Single-family dwelling / R-30 Residential District West: . Single-family dwelling / R-30 Residential District NATURAL RESOURCE AND The property is located within the Chesapeake Bay watershed, specifically CULTURAL FEATURES: within the Resource Protection Area (RPA), the more stringently regulated portion of the Chesapeake Bay Preservation Area. The subject lot is wooded with mature trees. The shoreline has not been hardened and the northern portion of proposed Lot B exhibits moderate erosion. The City's Chesapeake Bay Preservation Area Board reviewed and approved a request for encroachment into the RPA on February 22, 2008. The conditions of that approval are listed below: 1. A pre -construction meeting shall be convened with Civil Inspections prior to any land disturbance, inclusive of demolition. 2. Wire reinforced 36" erosion and sedimentation control measures (silt fences) shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. 3. A heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction. 4. Permanent and / or temporary soil stabilization as determined by staff shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. 5. Construction limits shall lie within the limits of proposed building envelopes and ingress egress easements. When the driveway is re -located for existing Parcel No. 1, construction limits shall lie a maximum of 5' outboard of that demolished and re -constructed. 6. The construction access way shall be noted on the site plan, as well as the stockpile staging area. No staging or stockpile area shall lie outboard of proposed building envelopes. 7. Stormwate:r from proposed impervious cover shall be conveyed to stormwater management facilities. 8. If and when the shoreline is hardened, a rip -rap revetment shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said revetment shall lie at or landward of mean high water or tidal vegetated wetlands unless the Wetlands Board determines that site specific conditions warrant a more seaward alignment. Said condition shall be so noted on the site plan. FRAZIER AND GODFREY Agenda Item 7 Page 2 9. Each lot will be permitted one 4' wide organic base pedestrian access way to the water. Note on the site plan. 10. As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $2,822.00 for proposed Lot A and $2,885.00 for proposed Lot B. Said payment is based on 25% of the proposed impervious cover and shall provide for the equivalent of an approximate 6,225 square foot, 12 -inch deep oyster shell plant within the Lynnhaven River Basin. 11. All areas outside limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact inclusive of the three trophic vegetation layers and there shall be no clearing other than for site line vistas and water access paths. Said condition shall be so noted on the site plan. 12. A separate buffer restoration plan shall be submitted for proposed Lots A and B. Said plan shall address 3:1 tree compensation. The required restoration shall be in all areas outboard of building envelopes / ingress -egress easements and shall retain the existing forest floor. Said restoration areas shall be maintained as such and not removed or allowed to revert to turf in the future. Required trees shall be comprised of 50% deciduous and 50% evergreen species and shall be evenly distributed throughout the lot to the greatest extent practicable. Said restoration shall be installed prior to the issuance of the certificate of occupancy. Said condition shall be so noted on the site plan. 13. The proposed gravel driveway shall be constructed of #57 washed aggregate at a minimum depth of 6 inches. 14. Remove the metal shed on proposed Lot A. 15. Those tree limbs currently shading the intertidal zone shall be removed thereby permitting sunlight to penetrate said area. Said activity shall be coordinated with Civil Inspections and be completed prior to issuance of a certificate of occupancy. 16. The conditions and approval associated with this variance are based on the site plan sealed January 17, 2008, prepared by Gallup. 17. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. 18. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. 19. Lot A shall have a maximum impervious cover of 10,000 sq. ft. located within depicted land disturbance envelope. Lot B shall have a maximum impervious cover of 10,600 sq. ft. within depicted envelope. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. FRAZIER AND GODFREY Agenda Item 7 Page 3 IMPACT ON CITY SERVICES WATER & SEWER: There is no City water or sanitary sewer service available within the private portion of Godfrey Lane. Health Department approval will be required for private wells. Private grinder pumps and force main may bean option for sanitary sewer. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request. Evaluation: The subject 4.52 acre lot, zoned R-30, was recorded February 13, 1959, and has, for many years, been provided access via a private drive, Godfrey Lane. The existing home on the property is slated for demolition, and the applicant is requesting to create a two (2) lot subdivision: Lot A is proposed with 49,944 square feet and Lot B is proposed with 147,376 square feet, although not all of this area is located on high land. The City's Zoning Ordinance requires that lots within the R-30 district have at least 24,000 square feet of land above water, marsh and wetlands. Both lots exceed this requirement, as Lot A is proposed with 43,593 square feet of upland and Lot B is proposed with 106,773 square feet of upland. The City's Chesapeake Bay Preservation Area Board reviewed and approved a request for encroachment into the RPA on February 22, 2008. As reported to the Chesapeake Bay Preservation Area Board, Staff is recommending a condition that both lots be served by public sewer located in the public right-of-way FRAZIER AND GODFREY Agenda Item 7 Page 4 located approximately 1,200 feet to the south. The Department of Public Utilities has indicated that this is indeed possible. There is an existing gravel driveway that serves Parcel 1 to the east of the subject site. As a means of decreasing encroachments into the Resource Protection Area, this driveway will be relocated into an ingress/egress and utility easement that will serve both Parcel 1 and Lot B. A 20 foot wide ingress/egress and utility easement are also proposed for Parcel 2 to the west. It does not appear that either Parcel 1 or Parcel 2 currently have a legal ingress/egress from Godfrey Lane. Should this variance be approved, the plat that will be recorded will grant those parcels legal access. Staff's conclusion is that the current proposal meets the intent of the Comprehensive Plan as it was been developed in a manner to best blend with the surrounding neighborhood in terms of layout, lot size and impervious cover. The Plan calls for development to preserve and protect the overall character, economic value, and aesthetic quality of the surrounding stable neighborhoods. This site, at 4.52 acres, is much larger in size as compared to surrounding properties, which in itself is a hardship demonstrating the need for a Subdivision Variance. The majority of the sites located on the private drive of Godfrey Lane are in the two -acre range, with the largest being over five (five) acres with a relatively new home on it. Staff has reviewed the zoning history for the area, which does show several similar Subdivision Variances granted over the last decade for lots in the Great Neck area that are similar to the subject site in their unusual size and configuration, and that have access via private roads. Staff, therefore, recommends approval of this request. CONDITIONS 1. The parcels shall be subdivided and recorded as depicted on the plan entitled "Preliminary Subdivision of Property of Allie O. Godfrey Property" prepared by the Gallup Surveyors & Engineers, dated July 25, 2007. This exhibit is on file with the Planning Department. 2. As reported to the Chesapeake Bay Preservation Area Board, both lots shall connect to City sewer, located in the public right-of-way in Godfrey Lane or as otherwise deemed acceptable to the Department of Public Utilities. 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. FRAZIER AND GODFREY Agenda Item 7 Page 5 AERIAL OF SITE LOCATION FRAZIER AND GODFREY Agenda Item 7 Page 6 ll,�SrRECT ,,, Eli= CLOSE UP OF PROPOSED SUBDIVISION FRAZIER AND GODFREY Agenda Item 7 Page 6 PROPOSED SUBDIVISION FRAZIER AND GODFREY Agenda Item 7 Page 7 1 01/09/84 CUP (open spacepromotion) Granted 2 01/09/84 SUBDIVISION VARIANCE Granted 3 01/09/84 SUBDIVISION VARIANCE Granted 4 01/09/84 CUP open space promotion) Granted ZONING HISTORY FRAZIER AND GODFREY Agenda Item 7 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) N/A 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) CO Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) N/A 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) M Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Subdivision Variance Application Page io of 11 Revised: 7111/08 FRAZIER AND GODFREY Agenda Item 7 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, PC Gallup Surveyors & Engineers, Ltd. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograo and view the site for purposes of processing and evaluating this application. Property Owner's Signature (if different than applicant) Subdivision Variance Application Page 11 of 11 Revised 7111106 Print Name Print Name y FRAZIER AND GODFREY Agenda Item 7 Page 10 Item #7 Mildred Frazier ,& Reed Godfrey Subdivision Ordinance 1680 Godfrey Lane District 5 Lynnhaven May 14, 2008 CONSENT Joseph Strange: The next matter is agenda item 7. The application of Mildred Frazier and Reed Godfrey, an appeal to Decision of Administrative Officers in regard to certain elements of the Subdivision Ordinance, subdivision of Mildred Frazier and Reed Godfrey. The property is located at 1680 Godfrey Lane, District 5, Lynnhaven, with two conditions. Eddie Bourdon: Again, thank you. Madame Chair, for the record, I'm Eddie Bourdon, a Virginia Beach attorney representing these applicants. I just want to let you know that the applicants the homes on both sides, here and here (pointing to Powerpoint). The conversation this morning all of the things that you were talking about will be cleaned up and they are here this afternoon. We appreciate being on the consent agenda. All the conditions are acceptable and Ms. Anderson, a few more "zeros" need to be added to your offer. Thank you all. Joseph Strange: is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Phil Russo to review this item. Philip Russo: This property is located at 1680 Godfrey Lane, which is in the Lynnhaven District of the City. This is a request for a variance to allow for a two lot subdivision. One lot would be 1.15 acres, 49,944 square feet, and the second 3.29 acres at 147,377 square feet. The existing home on the property is slated for demolition and it is the intent of the applicant to subdivide the parcel into two parcels, neither of which would have the required width of 100 feet. The staff's conclusion is that the proposal meets the intent of the Comprehensive Plan, and that it is being developed in a manner that would best blend with the surrounding neighborhood, in terms of layout, lot size and impervious cover. The staff recommends approval. Joseph Strange: Okay. Thank you Phil. Chairman, I have a motion to approve agenda item 7. Janice Anderson: Thank you. I have a motion by Joe Strange and a second by Barry Knight. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE ABSENT Item #7 Mildred Frazier & Reed Godfrey Page 2 HENLEY AYE HORSLEY AYE KATSIAS KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 7 for consent. �I _-1 ��: WO 1 _ All �...• �:_,.�. Vii- �� --- .� 'AMM mill ......� �: �I - Ji�t;�r ■I -710111111��A f •�� L�1� 4 m"m _. � ✓�1_I =.I ��rA!L-_J�I�\�mirlitwillt�Tlir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use Permit for motor vehicle sales and service on property located at 5070 Virginia Beach Boulevard (GPIN 1467960131). DISTRICT 4 — BAYSIDE. MEETING DATE: June 24, 2008 ■ Background: The applicant requests a Conditional Use Permit to allow use of the site for motor vehicle sales and service. The site was originally developed as a more intense retail use, a sporting goods store. The site was most recently occupied by a furniture store. An automotive repair business exists to the north of the site, and a motor vehicle sales business is located to the east. ■ Considerations: The applicant requests a deferral of this application to the July 8 City Council meeting, as there is an outstanding issue to resolve. ■ Recommendations: Deferral to the July 8 City Council meeting. ■ Attachments: Location Map Recommended Action: Deferral to July 8. Submitting DepartmentlAgency: Planning Department City Manager! k or -4-I. BOBBY ROWE'S DIESEL SERVICE Bobby T. Rowe Scale :,,, 1� % 17/1 lur tit CUP - Automobile Repair Garage & Small Engine Repair Relevant Information: • Beach District • The applicant requests a Conditional Use Permit to allow the use of a warehouse unit on the site for small engine repair. • The applicant's business is a mobile marine repair business designed to service boat fleets, yachts, tour vessels, tugboats, and pilot boats moored at marinas. Small engine components are brought to the subject site for repair. • No work is performed outside of the building. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (9-0) • There was no opposition. r z � J psi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BOBBY ROWE'S DIESEL SERVICE, INC. for a Conditional Use Permit for small engine repair/automobile repair garage on property located at 1333 Harpers Road, Suite 107, Unit D (GPIN 24163031410107). DISTRICT 6 — BEACH. MEETING DATE: June 24, 2008 ■ Background: The applicant requests a Conditional Use Permit to allow the use of a warehouse unit on the site for small engine repair. The Comprehensive Plan designates this area as a Primary Residential Area. Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities. ■ Considerations: The applicant's business is a mobile marine repair business designed to service boat fleets, yachts, tour vessels, tugboats, and pilot boats moored at marinas. Additionally, the applicant performs marine surveys for the resale of vessels or for insurance purposes for the replacement of engines. The building is used for parts and tool storage, and component cleaning and repair. No work is performed outside of the building, and there is no repair of automobiles or trucks in conjunction with the business. Operating hours are 8:00 a.m. to 5:00 p.m. The applicant employs eight employees for the business. The request for a conditional use permit for small engine repair is acceptable and compatible with surrounding uses. The site is zoned B-2 Community Business District and is located within an AICUZ of Greater than 75dB Ldn surrounding NAS Oceana. Very little repair work is performed on the site, as the business specializes in repair of marine uses at marinas. Staff recommends approval of the request subject to the conditions listed below. The Planning Commission placed this item on the consent agenda because the marine repair work conducted on the site is minor in nature and is located within the building, and there was no opposition to the request. Bobby Rowe's Diesel Service, Inc. Page 2of2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. Them shall be no outside repair of small engines and boats on the site. 2. There shall be no outside storage of equipment, engines, tools, fuel, or boats on the site. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage,r k- . wk BOBBY ROWE'S DIESEL SERVICE, INC. Agenda Item 8 May 14, 2008 Public Hearing Staff Planner: Faith Christie REQUEST: Conditional Use Permit for small engine repair Bobby T. Raine ADDRESS / DESCRIPTION: 1333 Harpers Road, Suite 107 GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 24163031410107 6 - BEACH 3.98 acres (site) 2,400 square feet (unit) The applicant requests a Conditional Use Permit to allow the SUMMARY OF REQUEST use of a warehouse unit on the site for small engine repair. The applicant's business is a mobile marine repair business designed to service boat fleets, yachts, tour vessels, tugboats, and pilot boats moored at marinas. Additionally, the applicant performs marine surveys for the resale of vessels or for insurance purposes for the replacement of engines. The building is used for parts and tool storage, and component cleaning and repair. No work is performed outside of the building, and there is no repair of automobiles or trucks in conjunction with the business. Operating hours are 8:00 a.m. to 5:00 p.m. The applicant employs eight employees for the business. LAND USE AND ZONING INFORMATION EXISTING LAND USE: The site is occupied by three office -warehouse buildings totaling 45,440 square feet. One -hundred two (102) parking spaces, landscaping, and a stormwater management facility also exist on the site. Various small service uses occupying the site include billiards supply, paintball supply, screenprinter, custom carpentry, and a flooring company. SURROUNDING LAND North: . Harpers Road USE AND ZONING: South: . Derby Run Mobile Home Park/ A-12 Apartment East: . Seven -Eleven store and carwash / B-2 Business West: . Vacant / B-2 Business BOBBY ROWE'S DIESEL SERVICE, INC. AGENDA ITEM 8 Page 1 NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the site. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn surrounding NAS Oceana. The use is compatible with airfield operations. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Harpers Road in front of the site is a two-lane collector with a variable width right-of-way. The Master Transportation Plan (MTP) depicts an undivided roadway with a bikeway and an ultimate right-of-way of 100 -feet. There are no plans in the Capital Improvement Program to upgrade the roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Harpers Road 6,560 ADT 9,900 ADT T Existing Land Use — (422 Peak Hour) 2,189 ADT Proposed Land Use 3- 225 ADT (17 Peak Hour MVeraye vary 1 "pa 2 as defined by 3.98 acres of B-2 zoned property 3 as defined by 45,600 square feet of office -warehouse WATER and SEWER: This site is connected to City water and sewer. SCHOOLS: 'School populations are not affected by the request. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan designates this area as a Primary Presidential Area. Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. Evaluation: The request for a conditional use permit for small engine repair is acceptable and compatible with surrounding uses. The site is zoned B-2 Community Business District and is located within an AICUZ of Greater than 75dB Ldn surrounding NAS Oceana. Very little repair work is performed on the site, as the business specializes in repair of marine uses at marinas. Staff recommends approval of the request subject to the conditions listed below. BOBBY ROWE'S DIESEL SERVICE, INC. AGENDA ITEM 8 Page 2 CONDITIONS 1. There shall be no outside repair of small engines and boats on the site. 2. There shall be no outside storage of equipment, engines, tools, fuel, or boats on the site. 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. BOBBY ROWE'S DIESEL SERVICE, INC. AGENDA ITEM 8 Page 3 _� #f f�� q | $ § ■/-|3 |] |2 �LJ N � !_. � § ■/-|3 |] |2 �LJ � z SITE PLAN SHOWING UNIT LOCATION BOBBY ROWES DIESEL SERVICE, |NC. AGENDA ITEM Page 4 PHOTOGWVA Ur sep T' � WE'S Dies E AGEN gOggY RO Pa9 I n Map Not to Scale Bc > 75 B Ldn I-2 Bobby T. Rowe Rowe's Diesel Service, Inc. J �� ..��,,.,�.� - --�- �� .t�� rte• j 015 C.UF' - Autornobde Kepair Garage & Small Engine Repair >75 A OF, R -5o I 1. 2/13/96 Conditional Use Permit Automotive Repair Establishment Approved 2. 2/27/89 Conditional Use Permit Mini -warehouses Approved ZONING HISTORY BOBBY ROWE'S DIESEL SERVICE, INC. AGENDA ITEM 8 Page 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business or other unincoroorated organization. complete the foilowrng 1. List the applicant name followed by the names of all officers. members. trustees partners etc. below: (Attach list if necessary) r 2 List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant: (Attach list if necessary) Il Check here 1 the applicant is NOT a corporation, partnership firm, business. or other unincorporated organization.. PROPERTY OWNER DISCLOSURE Compiete this section only if propetfy owner is different from applicant. If the property owner is a carporation. partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers members trustees partners, etc. below: (Attach list if necessary) 2 List all businesses that have a parent -subsidiary' or affiliated business entit!,•' relationship with the applicant: (Attach k I if necessary) ❑ Check here if the property owner is NOT a corporation. partnership, firm, business. or other unincorporated organization. Se: next page fo-`-3©`.notes Does a- offciai or employee of the City of Virginia Beach have an interest in the subiect and? Yes No >( If yes what is the name of the official or employee and the nature of their interest? BOBBY ROWE'S DIESEL SERVICE, INC. AGENDA ITEM 8 Page 7 V a w DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services wth respect to the requested property use, including but not limited to the providers of architectural services. real estate services, financial services. accounting services. and legal services. (Attach list if necessary) Parent -subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting pov.er of another corporation." See State and Local Government Conflict of Interests Act. Va. Code S 2.2-3101. "Affiliated business entity relationship' means -a relationship, other than parent - subsidiary relationship. that exists when (i) one business entity has a controlling ownership intere-St in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity or (iii! there is shared management or-ontrol between the business entities. f=actors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the, same person own or manage the two entities, there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act Va. Code 2 2 3101 C1_RTIFICATiON: I certify trat the informatics^ contained here,n �s trie and accurate. ( understand that. uperi receipt of notification (postcard; that the appl tabor. has been schedLied fo- pubic nearig ' ars.. responsible for obtanng and post ng the requ ed sign on the subject prcperty at east a daps pr.c to t^e scheduled public hearing accord,ng tc tote ,structlons ;n Eris package The .inders,gned aisc consents to entry upon the subject property by ernDicyees of `'rte Deparimert of Pianring to phatcg,aph and view the site for purposes of prccess ng incl` evaluating this appl;cation :f Applicant s Sig 3: dffe R*Ent Flame Property fawner s Signature nit' different than appiir anU Z'ayo, rit 13 BOBBY ROWE'S DIESEL SERVICE, INC. AGENDA ITEM 8 Page 8 Item #8 Bobby Rowe's Diesel Service, Inc. Conditional Use Pen -nit 1333 Harpers Road, Suite 107, Unit D District 6 Beach May 14, 2008 CONSENT Joseph Strange: The next matter is agenda item 8. It is an application of Bobby Rowe's Diesel Service, Inc. for a Conditional Use Permit for small engine repair, automobile garage on property 1333 Harpers Road, Suite 107, Unit D, District 6, Beach with two conditions. Bobby Rowe: I'm Bobby Rowe, the primary owner of the Bobby Rowe's Diesel Service. I`ve read the conditions and I accept them. Joseph Strange: Okay. Thanks. Is there any opposition to this matter being placed on the consent agenda? The Chair has Jay Bernas to review this item. Jay Bernas: Thank you. The applicant's business is mobile marine repair. And as such, most of his business is at marinas. Basically, inside the building it is used for parts and tool storage and component cleaning and repair. No work is performed outside the building and there will be no storage of boats outside the building. Therefore, the Commission felt that this should be placed on the consent agenda for approval. Joseph Strange: Okay. Thank you Jay. Chairman, I have a motion to approve agenda item 8. Janice Anderson: Thank you. I have a motion by Joe Strange and a second by Barry Knight. Ed Weeden: By a vote of 9-0, the Board has approved item 8 for consent. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE ABSENT HENLEY AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 8 for consent. ROBYN D. VASILE CUP - Home Occupation Relevant Information: • Kempsville District • The applicant requests a Use Permit for a home occupation. • The applicant is a textile artist and desires, on occasion and by appointment only, to meet with future clients at her home. • There is a 400 square foot (20 feet by 16 feet) detached shed located in the rear yard that the applicant will use to store her materials and produce her art. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (9-0) • No opposition (Consent Agenda). CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBYN D. VASILE for a Conditional Use Permit for a home occupation (art) on property located at 5713 Ranger Street (GPIN 1456848979). DISTRICT 2 — KEMPSVILLE. MEETING DATE: June 24, 2008 ■ Background: The applicant requests a Conditional Use Permit for a home occupation. The applicant is a textile artist, and desires, on occasion and by appointment only, to meet with clients at her home. There is a 400 square foot (20 feet by 16 feet) detached shed located in the rear yard that the applicant will use to store her materials and produce her art. Section 111 of the City's Zoning Ordinance defines "home occupation" as the conduct of a business in a residential dwelling unit where all of the following characteristics are present: (a) The use of the dwelling unit for the business is clearly incidental and subordinate to its use for residential purposes by its occupants. (b) There is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for an identification sign regulated by this ordinance. (c) The home occupation is conducted on the premises which is the bona fide residence of the principal practitioner, and no more than one (1) person other than a member of the immediate family occupying such dwelling unit is employed in the business. (d) There are no sales to the general public of products or merchandise from the home. (e) The use does not qualify as an accessory use as defined by this ordinance and will have no impact on the surrounding neighborhood. ■ Considerations: It is not anticipated that the home occupation on this site will adversely impact any surrounding properties. The proposed use is consistent with the criteria outlined in the definition of "home occupation," as well as the standards listed in Section 234 of the City Zoning Ordinance for a Home Occupation Use Permit (provided on page 2 of the attached staff report). Home occupations, such as this request, can be appropriate conditional uses within residential areas provided the requirements of Section 234 are followed. Robyn D. Vasile Page 2 of 2 The minimal activity expected by the applicant is not likely to adversely impact the surrounding properties in any way. From the exterior of the house, business activity associated with the proposed home occupation will be virtually undetectable. There will be no employees other than the applicant, very few customers -coming to the house, and no deliveries associated with the business. The Planning Commission placed this item on the consent agenda because the applicant's activity will not impact the surrounding neighborhood, the proposal meets the standards for a home occupation provided in Section 234, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. In accordance with Section 234 of the City's Zoning Ordinance, not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in conjunction with the home occupation. 2. No permanent signs advertising the business shall be permitted, other than one as specifically permitted under Section 234 of the City's Zoning Ordinance, on the premises or installed on the lot or buildings on the lot at any time. 3. Sales to the general public of product or merchandise shall not be permitted on the property. 4. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . , ROBYN D. VASILE Agenda Item 9 May 14, 2008 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Conditional Use Permit for home occupation ADDRESS / DESCRIPTION: Property located at 5713 Ranger Street. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14568489790000 2 - KEMPSVILLE 22,025 square feet The applicant requests a Conditional Use Permit for a home SUMMARY OF REQUEST occupation. The applicant is a textile artist and desires, on occasion and by appointment only, to meet with future clients at her home. There is a 400 square foot (20 feet by 16 feet) detached shed located in the rear yard that the applicant will use to store her materials and produce her art. Section 111 of the City's Zoning Ordinance defines "home occupation" as the conduct of a business in a residential dwelling unit where all of the following characteristics are present: (a) The use of the dwelling unit for the business is clearly incidental and subordinate to its use for residential purposes by its occupants. (b) There is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for an identification sign regulated by this ordinance. (c) The home occupation is conducted on the premises which is the bona fide residence of the principal practitioner, and no more than one (1) person other than a member of the immediate family occupying such dwelling unit is employed in the business. (d) There are no sales to the general public of products or merchandise from the home. (e) The use does not qualify as an accessory use as defined by this ordinance and will have no impact on the surrounding neighborhood. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling ROBYN D. VASILE Agenda Item 9 Page 1 SURROUNDING LAND North: . Ranger Street USE AND ZONING: • Single-family homes / R-10 Residential District South: . Single-family homes / R-10 Residential District East: . Single-family homes / R-10 Residential District West: . Single-family homes / R-10 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There does not CULTURAL FEATURES: appear to be any significant environmental or cultural features on the site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES TRAFFIC: The proposed use is not anticipated to generate traffic beyond that of a typical residential use. WATER $ SEWER: This site is already connected to City water and sewer. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: It is not anticipated that the home occupation on this site will adversely impact any surrounding properties. The proposed use is consistent with the criteria outlined in the definition of "home occupation." Additionally, Section 234 of the City Zoning Ordinance specifies the following standards for Home Occupation Use Permit: (a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however, this limitation shall not have application to family day-care homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. (c) No identification sign shall be permitted. However, as an exception, the city council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one (1) sign, non -illuminated, not to exceed one (1) square foot in area, mounted flat againsi the wall of the residence. ROBYN D. VASILE Agenda Item 9 Page 2 (d) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. Home occupations, such as this request, can be appropriate conditional uses within residential areas provided the above requirements are followed. The minimal activity expected by the applicant is not likely to adversely impact the surrounding properties in any way. From the exterior of the house, business activity associated with the proposed home occupation will be virtually undetectable. There will be no employees other than the applicant, very few customers coming to the house, and no deliveries associated with the business. Thus, Staff recommends approval. CONDITIONS 1. In accordance with Section 234 of the City's Zoning Ordinance, not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in conjunction with the home occupation. 2. No permanent signs advertising the business shall be permitted, other than one as specifically permitted under Section 234 of the City's Zoning Ordinance, on the premises or installed on the lot or buildings on the lot at any time. 3. Sales to the general public of product or merchandise shall not be permitted on the property. 4. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 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. ROBYN D. VASILE Agenda Item 9 Page 3 I OF Iw AKE 4 S 00 Lu 14 h PART OF 13 Lu N eR MARK Port rut • 0 w MICHAEL HOWARD FT NH D P.1T0 1.2' 1 2 A 4113, MAX P.1 f' 3 CPN- 14SF«-Nal 200 LL V t1.1!' aulACE a0= 2.1 _ S R 0 1_ ?y N aa: 2.0' W w mV w Z O m 11.6 11.r b u.e' F=- t.8' 12 111 w=w; ' 20y. F� Q g. L 7.75'if Z W HOUSE > W W !RICK ! FRAME R 0 5713 .' 0. a' �oON t.5 N = wit z =00 O oU4'c7a L D_ = ,. y; z N PIN (F) •' PIN (F) 0 CL? S 71.05.00' E 110.00 Q L Q m I N AVE. RANGER STREET it AVA0,00'LLON >::)Wo liInww 50. ►=1nwa W. to 0 U 6 U PHYSICAL SURVEY OF io !' -a it LOT 13A, RESUBDIVISION PIAT OF LOT 12 AND N i� 0 = THE WESTERN 90' OF LOT 13, SUBDMSION OF "-7 CQ w ~ TRACT No. 2 & SOUTH PORTION -TRACT No. 3 ��o AVALON TERRACE NOTE: THIS PROPERTY APPEARS TO FALL IN VIRGINIA BEACH, VIRGINIA u a 2w P 74 FLOOD ZONE X AS SHOWN ON THE ft" NATIONAL FLOOD INSURANCE PROGRAM MAP ALAN VASILE & GLADYS VASILE FOR TME CITY OF VIRGINIA BEACH COMMUWTY 140.515531-0004 E DATED 12t5ft DATE: MARCH 12.1007 DENMAJ. GERwtTZ,P.C. BASO• ELEVATION SCALE: 1";,3% v V °00w"Rw°"°vE, OWM I1t DIG HRM" LOWEST FLOOR ELEVATION F.B.: 479 CAD TECH'. U.P. vNVUAQACH 7xu K11MOM1>rE1MIBC011 7574WI I FAX 7SIJPE+M SITE SURVEY SHOWING LOCATION OF ACCESSORY STRUCTURE ROBYN D. VASILE Agenda Item 9 Page 4 1 10/08/02 Modification of Conditions Granted 07/13/65 Conditional Use Permit church Granted 2 02/12/02 Modification of Conditions Granted 10/10/00 Street Closure Granted ZONING HISTORY ROBYN D. VASILE Agenda Item 9 Page 5 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following.- 1. ollowing:1. List the applicant name followed by the names of all officers.. members, trustees, partners, etc. below: (Attach list if necessary) `�h e � I1,,�-� L.-�1 c✓t 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY QWNER DISCLOSURE Comple thin section only if property owner is different from applicant. If the pr erty owner is a corporation, artnership, firm, business, or other unincorp ated organization, complet the following: 1. List th roperty owner name foll ed by the names of all officers, members, trustees, partners, etc. below: ( tach list if necessary) 2. List all busineses that have a parent -subsidiary' or affiliated business entity2 relationship with he applicant: (Attach list if necessary) ❑ Checyhere if the property ow i NOT a corporation, partnership, firm, businrss, or other unincorporated organization. See n1xt page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 'K__ No I If yes, what is the name of the official or employee and the nature of their interest? '1 ARS . Q.r �r o�JQ,ryt� conditional Use Permit Application Page 9 of 10 Revised 71Y2007 ROBYN D. VASILE Agenda Item 9 Page 6 :Z;0 v IF- DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) %1/C-)-) e ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consenti to entry upon the subject property by employees of the Department of Plann' o photograph and view the site for purposes of processing and evaluating this application. Applicant's ign ture Print Nam Property Owner's Signature (if different than applicant) Print Name conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 ROBYN D. VASILE Agenda Item 9 Page 7 Item #9 Robyn D. Vasile Conditional Use Permit 5713 Ranger Street District 2 Kempsville May 14, 2008 CONSENT Joseph Strange: The next matter is item 9. The application of Robyn V. Vasile for a Conditional Use Permit for a home occupation on property located at 5713 Ranger Street, District 2, Kempsville, with four conditions. Robyn D. Vasile: I see the sign that says relax. I'm not relaxed. I agree with the conditions. Janice Anderson: Your name please? Robyn D. Vasile. I figured you probably want to see what you're agreeing to? These are pictures made with lint from people's household dryers. Do you want to pass them around? Joseph Strange: Is there opposition to his matter being placed on the consent agenda? The Chairman has asked Henry Livas to review this item. Henry Livas: The applicant requests a Conditional Use Permit for a home occupation. The applicant is a textile artist, as you can see from examples here, and desires on occasion and by appointments only, to meet with future clients at her house. She meets the house occupation requirements of Section 111 of the City Zoning Ordinance. She also meets the Section 234 City Zoning Ordinance for requirements for a home occupation use permit. Business identification signs are generally not permitted however, since the sign will not be detrimental to the surrounding neighbors, so we recommend that a single one square foot non -illuminated sign be allowed. There will be no employees other than the applicant. There will be very few customers coming to the house, and no deliveries associated with the business, therefore, we recommend that the requested Conditional Use Permit be approved. Joseph Strange: Thank you Henry. Janice Anderson: 'Thank you for bringing those samples in. We appreciate it. We were asking earlier about it. Thank you very much. Joseph Strange: Chairman, I have a motion to approve agenda item 9. Janice Anderson: `Thank you. I have a motion by Joe Strange and a second by Barry Knight. Item #9 Robyn D. Vasile Page 2 AYE 9 ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KATSIAS KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE NAY 0 ABS 0 ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 9 for consent. ROLLINS a,r_._ v ori Ma Sale Not to o S-- Marvin M. Rollins & Gavle B. Rollins AG -1 AG -2 AG -1 AG -2 P 'ARPARP R F' ARP ARP ARP ARP O� Q R P A.RP ARP ARP ARP F' ARP ARP ARP AR A ARF ARAARP ARPAR p AG - o ARP ARP ARF' ARP ARP ARP AR OQ ARP ARF ARF' ARF ARP ARP AR o ARP ARP ARPARPARP ARP A G -t O F'ARPARPARP ARP A ARP A P ARP A ° ARP ARP ARF' ARPAR 8- a ARPARPARJ'ARPARPARPA ARP ARF' ARF' RP ARP ARP o ARPARARPARP ARPARP'AR PARPARP RP AR 'A PARPARP rj RP ARP"ARP ARP ARP Z% ARP A RF' ARP ARP ARP O °y ARP ARF ARP ARP ARP (*L V' FK _ ARP ARF ARP ARP ARP ARF j�?I�f4�jRPARPARP PARPARFARP ARP ARP A _ SJAft ,_, fl P.ARP ARF ARP ARP ARP CUP Mini Warehouse Conditional Zoning Change: from AG -2 to Cond. 8-2 Relevant Information: • Princess Anne District • The applicant proposes to rezone the site, zoned AG -2 Agricultural, to Conditional B-2 Business District for the purpose of developing a commercial complex in Creeds. The proposed uses for this property include a restaurant, a structure containing three office -warehouse units, and a self -storage facility. • The self -storage facility will consist of metal roof and walls of half - metal siding and half -brick along the rear and side. • The proposed restaurant will be a one-story building with a wrap- around covered porch along two sides. The restaurant will be sided in a vinyl simulated -shake with a metal roof similar to the roofs on the other buildings. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (9-0) • No opposition (Consent Agenda). CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARVIN M. ROLLINS AND GAYLE B. ROLLINS for a Change of Zoning District Classification from AG -2 Agricultural District to Conditional B-2 Community Business District and Conditional Use Permit for mini -warehouses. Property is located at 609 Princess Anne Road (GPIN 2308895225). DISTRICT 7 — PRINCESS ANNE. MEETING DATE: June 24, 2008 ■ Background: The applicant proposes to rezone the site, zoned AG -2 Agricultural, to Conditional B-2 Business District for the purpose of developing a commercial complex in Creeds. The proposed uses for this property include a restaurant, a structure containing three office -warehouse units, and a self -storage facility. The pre-engineered metal self -storage facility would be similar in design to the self -storage facility on the adjacent property to the south, with metal roof and walls of half -metal siding and half -brick along the rear and side. The office -warehouse will utilize the same pre-engineered system with metal siding and roof. The roof will extend over the front, creating a covered porch supported by columns. The proposed restaurant will be a one-story building with a wrap-around covered porch along two sides. The restaurant will be sided in a vinyl simulated -shake with a metal roof similar to the roofs on the other buildings. The Comprehensive Plan designates this site as part of the "Rural Area". The Comprehensive Plan identifies this area as agricultural and rural, with uses related to farming, forestry, rural residential, and other rurally compatible uses. Commercial development in the Rural Area should consist of locally oriented retail, service, and community uses scaled to be compatible with the character of the rural landscape. As stated in the Comprehensive Plan, Chapter 6, "Commercial retail development should be located in existing defined rural commercial centers, such as Creeds and Blackwater, for supporting the rural community in lieu of strip shopping center development." The Plan describes these commercial centers, or villages, as "small concentrations of houses next to a few shops serving in a limited way the commercial needs of a rather large geographic area." The subject area is an example of one of these villages. Marvin M. Rollins & Gayle B. Rollins Page 2 of 4 ■ Considerations: Due to past development, as well as the location of a Fire Department station in the Creeds village, and the historic status of Creeds as a rural commercial center, the village has become the primary commercial node in the Rural Area. The question, therefore, that must be confronted by the applicant's proposal is how much commercial activity is sufficient for this village? Further, to maintain the rural character of the village, what should be the geographic extent of such development? The first question is partially addressed by the Comprehensive Plan, which notes that rural communities are by nature less reliant on commercial uses. The Plan explains that 'rural character' translates into a more independent way of life. Thus, since the rural way of life is 'more independent,' Staff concludes that to a large degree, the type and quantity of commercial development should be guided by 'the market'— by those who live and work in the Rural Area. The second question can be addressed through an examination of the historic pattern of development in the village, as evidenced by the configuration and size of the parcels and the type of uses. The historic core of Creeds is defined by the intersection of the two roadways: Princess Anne Road and Morris Neck Road. Around that intersection, both commercial and residential uses developed; however, the residential that has developed over time is situated on parcels of land smaller than the parcels located outside the core. With the construction of a new City Fire Station, the development of the Oakum Creek Estates residential subdivision, and the applicant's previous development on the southern side of Oakum Creek, a southern 'edge' to the Creeds village was established. The applicant's current proposal moves the village's northern 'edge' past Oakum Creek, which has served as the edge until now. If the applicant's proposal is approved and constructed, good land use planning begs the question of where commercial development in Creeds should be halted in order to retain the rural character. Staff, again examining the land use pattern, concluded that commercial development should not be allowed any further than the applicant's site. North of the applicant's site are several large -lot rural residential parcels, and beyond that is a parcel in Agricultural Reserve Program (ARP). The residential parcels to the north of the subject site are an excellent transition from the rural village character of Creeds to the rural agricultural character of the ARP parcel. Staff, therefore, worked with the applicant (1) to enhance the architectural design and exterior materials of the buildings to ensure the buildings were compatible to those in the area while being of a high level of quality, and (2) to arrange the buildings, landscaping, and parking such that the critical natural resources on the site were protected and the role of this site as the northern edge of the commercial core was emphasized. Reinforcing the role of the site as the northern Marvin M. Rollins & Gayle B. Rollins Page 3 of 4 edge is a row of existing and proposed Leyland cypress trees along the north side of the site. One issue that staff could not, unfortunately, successfully resolve was a means of integrating into the project the existing house on the site, which is architecturally significant due to its dwelling type. The applicant has provided a letter from an architect certifying that due to extensive termite damage, it would be extremely difficult and cost prohibitive to renovate the structure to current Building Code requirements. Thus, staff strongly encourages the applicant to provide an opportunity to document this resource with interior photos and records. The Planning Commission placed the items on the consent agenda because the applicant has worked with the staff to create a project that is consistent in design and use with this rural commercial core, the use is consistent with the provisions of the Comprehensive Plan, and there was no opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve the requests as proffered and with the following conditions: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN CREEDS VILLAGE CENTER" dated October 5, 2007, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. A landscaping plan shall be submitted for review and approval by City staff. The plan shall include a mixture of indigenous evergreen and deciduous trees and shrubs. There shall be no clearing in the 50 foot buffer adjacent to Oakum Creek. The landscape plan shall also include a preservation plan for the mature pecan tree fronting on Princess Anne Road. Street landscaping shall be installed along the length of right-of-way as indicated in City of Virginia Beach Landscape Guide. 3. Fencing for the site shall be similar to the adjacent mini -warehouse storage facility. 4. All storage of materials and equipment shall be within the buildings. 5. A photometric plan shall be submitted for review and approval by city staff. Where lighting fixtures are installed along streets, in parking areas or on the building for illumination purposes, all fixtures shall be of an appropriate height and design, and angled appropriately as to prevent any direct reflection toward adjacent uses and city streets. Lighting shall be directed and deflected down at the ground, and not out horizontally or up in the air. Marvin M. Rollins & Gayle B. Rollins Page 4 of 4 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Depiartment/Agency: Planning ��. City Manager: MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 May 14, 2008 Public Hearing Staff Planner: Karen Prochilo REQUESTS: CUP Mln!Wx houx CmdililmV Zoning(koge Iron A(:1 to Coad. R! 14) Change of Zoning District Classification from AG -2 Agricultural District to Conditional B-2 Community Business District. 15) Conditional Use Permit for mini -warehouse facility. ADDRESS / DESCRIPTION: Property located at 609 Princess Anne Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 23088952250000 7 — PRINCESS ANNE 2.783 acres SUMMARY OF REQUEST The applicant proposes to rezone the site, zoned AG -2 Agricultural, to Conditional B-2 Business District for the purpose of developing a commercial complex in Creeds. The proposed uses for this property include a restaurant, a structure containing three office - warehouse units, and a self -storage facility. The pre-engineered metal self -storage facility would be similar in design to the self -storage facility on the adjacent property to the south, with metal roof and walls of half -metal siding and half -brick along the rear and side. The office -warehouse will utilize the same pre-engineered system with metal siding and roof. The roof will extend over the front, creating a covered porch supported by columns. The proposed restaurant will be a one-story building with a wrap-around covered porch along two sides. The restaurant will be sided in a vinyl simulated -shake with a metal roof similar to the roofs on the other buildings. MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 1 .r i REQUESTS: CUP Mln!Wx houx CmdililmV Zoning(koge Iron A(:1 to Coad. R! 14) Change of Zoning District Classification from AG -2 Agricultural District to Conditional B-2 Community Business District. 15) Conditional Use Permit for mini -warehouse facility. ADDRESS / DESCRIPTION: Property located at 609 Princess Anne Road. GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 23088952250000 7 — PRINCESS ANNE 2.783 acres SUMMARY OF REQUEST The applicant proposes to rezone the site, zoned AG -2 Agricultural, to Conditional B-2 Business District for the purpose of developing a commercial complex in Creeds. The proposed uses for this property include a restaurant, a structure containing three office - warehouse units, and a self -storage facility. The pre-engineered metal self -storage facility would be similar in design to the self -storage facility on the adjacent property to the south, with metal roof and walls of half -metal siding and half -brick along the rear and side. The office -warehouse will utilize the same pre-engineered system with metal siding and roof. The roof will extend over the front, creating a covered porch supported by columns. The proposed restaurant will be a one-story building with a wrap-around covered porch along two sides. The restaurant will be sided in a vinyl simulated -shake with a metal roof similar to the roofs on the other buildings. MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Rural single-family dwelling and associated structures. SURROUNDING LAND North: . Princess Anne Road USE AND ZONING: . Hardware store with a Use Permit for a bulk storage facility / B- 2 Community Business District • Rural residential dwellings / AG -2 Agricultural District. South: . Oakum Creek borders this property to the south • Adjacent to the creek is Oakum Creek Estates, a rural residential neighborhood / AG -1 and AG -2 Agricultural District. East: . Oakum Creek borders this property to the east • Adjacent to the creek is a gas station, convenience store, car wash and mini -warehouse facility / B-2 Community Business District West: . Rural residential dwelling / AG -2 Agricultural District NATURAL RESOURCE AND The site contains a house that was noted in the 1993 Survey of the City CULTURAL FEATURES: of Virginia Beach Phase // as having significance. The survey estimated that the construction date of the home is sometime in the late -1880s, and the survey states that the home has a vernacular architectural style that provides an example of the front gable, side passage architecture, which can be found on farms in Virginia Beach. This site is within the area encumbered by the Southern Watersheds Management Ordinance. The applicant will need to work with staff regarding the required 50 -foot buffer adjacent to Oakum Creek. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is a two-lane rural highway in the vicinity of this site. Princess Anne Road has an approximate right-of-way width of 63 feet, and the Master Transportation Plan shows a highway with a bikeway and an ultimate right-of-way width of 90 feet. There are currently no Capital Improvement Program projects scheduled for this segment of Princess Anne Road. MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 3,509 ADT 12,000 ADT : 790 Peak Existing Land Use — Road Hour (Level of Service "D") 28 ADT; 3 hour peak - Capacity entering 18,600 ADT' : 1230 Peak Proposed Land Use 3— Hour (Level of Service "E") 431 ADT; 22 peak hour entering 'Average Daily Trips s as defined by 2.783 acres zoned AG -2 Sas defined by 3,000 SF restaurant, 5,200 SF warehouse w/ 1,000 SF office and 5,200 SF self storage A dedication of 27 feet, such that the ultimate right-of-way of 90 feet for Princess Anne Road is achieved, in accordance with the Master Transportation Plan, will be required. WATER and SEWER: This site is served by well and septic systems. Health Department approval is required for use of well and septic system with the proposed uses (see Environmental Health section below). STORM WATER MANGEMENT: Property is very low. Stormwater Management Facility must not be located in the 100 -year floodplain. ENVIRONMENTAL HEALTH: Approval for onsite drinking water supplies and onsite sewage disposal will be required. As a part of the approval of the restaurant, a review and approval of the restaurant plans will be required from the Food Division of our department. A permit to operate the food establishment, in addition to the permits for drinking water and wastewater disposal, are required. The water supply serving the restaurant may fall under the Virginia Department of Waterworks Regulations. The Virginia Department of Health, Office of Drinking Water, in Norfolk, would be the reviewing agency. No application has been received and/or approval granted by the Department of Health for this proposal. The applicant should direct inquiries to Pam Warner, Environmental Health Supervisor, at (757) 518-2646. FIRE: Under Uniform Statewide Fire Prevention Code: Section 508.1 Required water supply, an approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, building or portions of buildings are hereafter constructed or moved into within the jurisdiction. The water supply shall consist of reservoirs, pressure tanks elevated tanks, water mains or other approved fixed systems capable of providing the required fire flow to a fire hydrant system. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers, provided below, and with the conditions below. MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 3 Comprehensive Plan: The Comprehensive Plan designates this site as part of the "Rural Area". The Comprehensive Plan identifies this area as agricultural and rural, with uses related to farming, forestry, rural residential, and other rurally compatible uses. "From providing a legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low, and maintaining the rural community, the vision for our rural landscape is important." Future development within the Rural Area must adhere to the Comprehensive Plan's adopted rural planning principles and economic strategies to ensure the area retains its character and vitality. In particular, commercial development in the Rural Area should consist of locally oriented retail, service, and community uses scaled to be compatible with the character of the rural landscape. As stated in the Comprehensive Plan, Chapter 6, "Commercial retail development should be located in existing defined rural commercial centers, such as Creeds and Blackwater, for supporting the rural community in lieu of strip shopping center development." The Plan describes these commercial centers, or villages, as "small concentrations of houses next to a few shops serving in a limited way the commercial needs of a rather large geographic area." The subject area is an example of one of these villages. The design of new commercial development is a key component to minimizing impacts to or loss of rural character. Such development should recognize the scenic contribution that the rural commercial and service nodes can offer, and design with this in mind. Proposed development within this area should serve to minimize impacts to the natural environment and should be designed in a rural architectural style, compatible with surrounding development. To this end, the Comprehensive Plan provides Rural Development Guidelines. A component of these Development Guidelines is a section for "non-residential (commercial) rural development," which is intended to assist in designing such development. The utilization of these guidelines insures a quality rural commercial proposal: ■ Protect rural character and existing scenic views. ■ The identity of Virginia Beach's rural community should take its cue from its rural heritage. The areas known as Creeds and Blackwater have some buildings that encourage a type of design reminiscent to the area. ■ Franchise retail, office parks or shopping centers are not encouraged. ■ Development in rural commercial centers can include locally oriented retail, service and community uses scaled to be compatible with the character of the rural landscape. ■ Recognize the scenic contribution that the rural non-residential nodes can offer and design with this in mind. Look at your surrounding area; if the existing buildings are white clapboard sided structures with tin roofs and porches, using this theme and incorporating materials similar to the clapboard siding and metal roof would assist in defining the place. Note that the buildings located at these defined non-residential nodes are brought closer to the road. Parking is minimal. ■ Commercial retail development should be located in existing defined rural commercial centers for supporting the local rural community in lieu of strip shopping center development. Evaluation: As noted above, the Comprehensive Plan stresses that commercial development in the Rural Area should be located within the historic village nodes, such as Creeds, Blackwater, and Pungo, and such MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 4 development during the past two decades in the Rural Area has indeed been concentrated in the cores of Creeds and Pungo. Interestingly, the two largest developments primarily consisted of self -storage units and office -warehouse units, and both developments have been successful in attracting and retaining tenants. Thus, there must be a demand for such units in the Rural Area. Due to this past development, as well as the location of a Fire Department station in the village, and the historic status of Creeds as a rural commercial center, the village has become the primary commercial village in the Rural Area. The question, therefore, that must be confronted by the applicant's proposal is how much commercial activity is sufficient for this village? Further, to maintain the rural character of the village, what should be the geographic extent of such development? The first question is partially addressed by the Comprehensive Plan, which notes that rural communities are by nature less reliant on commercial uses. The Plan explains that 'rural character' translates into a more independent way of life. Thus, since the rural way of life is 'more independent,' Staff concludes that to a large degree, the type and quantity of commercial development should be guided by'the market'— by those who live and work in the Rural Area. The second question can be addressed through an examination of the historic pattern of development in the village, as evidenced by the configuration and size of the parcels and the type of uses. The historic core of Creeds is defined by the intersection of the two roadways: Princess Anne Road and Morris Neck Road. Around that intersection, both commercial and residential uses developed; however, the residential that has developed over time is situated on parcels of land smaller than the parcels located outside the core. With the construction of a new City Fire Station, the development of the Oakum Creek Estates residential subdivision, and the applicant's previous development on the southern side of Oakum Creek, a southern 'edge' to the Creeds village was established. The applicant's current proposal moves the village's northern 'edge' past Oakum Creek, which has served as the edge until now. If the applicant's proposal is approved and constructed, good land use planning begs the question of where commercial development in Creeds should be halted in order to retain the rural character. Staff, again examining the land use pattern, concluded that commercial development should not be allowed any further than the applicant's site. North of the applicant's site are several large -lot rural residential parcels, and beyond that is a parcel in Agricultural Reserve Program (ARP). The residential parcels to the north of the subject site are an excellent transition from the rural village character of Creeds to the rural agricultural character of the ARP parcel. Staff, therefore, worked with the applicant (1) to enhance the architectural design and exterior materials of the buildings to ensure the buildings were compatible to those in the area while being of a high level of quality, and (2) to arrange the buildings, landscaping, and parking such that the critical natural resources on the site were protected and the role of this site as the northern edge of the commercial core was emphasized. Reinforcing the role of the site as the northern edge is a row of existing and proposed Leyland cypress trees along the north side of the site. One issue that staff could not, unfortunately, successfully resolve was a means of integrating into the project the existing house on the site, which is architecturally significant due to its dwelling type. The applicant has provided a letter from an architect certifying that due to extensive termite damage, it would be extremely difficult and cost prohibitive to renovate the structure to current Building Code requirements. Thus, staff strongly encourages the applicant to provide an opportunity to document this resource with interior photos and documentations. MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 5 Staff, therefore, concludes that the proposed rezoning is appropriate and recommends approval of the application as proffered and conditioned. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN CREEDS VILLAGE CENTER" dated October 5, 2007, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: When the Property is developed, the buildings designated "Proposed Restaurant" and Proposed Self Storage" depicted on the Site Plan will have the architectural design and will utilize building materials substantially as depicted on the photographic exhibits entitled "CREEDS VILLAGE" dated January 7, 2008, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Picture Renderings"). PROFFER 3: When the Property is developed, the buildings designated "Proposed Office / Warehouse" depicted on the Site Plan will have the architectural design, including eight foot (8') deep porch feature and will utilize building materials substantially as depicted on the photographic exhibit entitled "OFFICE WAREHOUSE at CREEDS VILLAGE" dated January 7, 2008, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Office/Warehouse Renderings"). PROFFER 4: When the Property is developed, the color of the exterior siding of the buildings designated "Proposed Office /Warehouse" and "Proposed Self Storage" on the Site Plan shall be "Ash Grey" as depicted on the palette of "COMMERCIAL INDUSTRIAL COLORS" provided by Heritage building Systems, with the color of the roll up doors on the Office/Warehouse building to match. The color of the exterior siding of the building designated "Proposed Restaurant " on the Site Plan shall be "Natural Clay" as depicted on the palette of colors for "Northwoods Siding" provided by CertainTeed. The raised seam metal roofs on each of the buildings depicted on the Site Plan shall be "Rustic Red" in color, as depicted on the palette of "COMMRECIAL INDUSCTIRAL COLORS" PROVIDED BY Heritage Building Systems. The color palette as referenced herein have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Color Palettes"). PROFFER 5;; There will be no building mounted signs on the exterior of the building designated "Proposed Office / MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 6 Warehouse" PROFFER 6: The only freestanding sign shall be an externally illuminated monument style sign no greater than eight feet in height in the area designated on the Site Plan. PROFFER 7: All outdoor lighting shall be shielded, deflected, shaded, and focused to direct light down onto the premises and away from adjoining property. PROFFER 8: When the Property is developed, only the following uses will be permitted: a. Eating and drinking establishments without drive-through windows; b. Business studios, offices and clinic; c. Retail establishments; d. Repair and sales for radio and television and other household appliances and small business machines and: e. Mini -warehouses. PROFFER 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and ensure that it will be compatible with the surrounding uses. The City Attorney's Office has reviewed the proffer agreement dated January 7, 2008, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN CREEDS VILLAGE CENTER" dated October 5, 2007, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. A landscaping plan shall be submitted for review and approval by City staff. The plan shall include a mixture of indigenous evergreen and deciduous trees and shrubs. There shall be no clearing in the 50 foot buffer adjacent to Oakum Creek. The landscape plan shall also include a preservation plan for the mature pecan tree fronting on Princess Anne Road. Street landscaping shall be installed along the length of right-of-way as indicated in City of Virginia Beach Landscape Guide. 3. Fencing for the site shall be similar to the adjacent mini -warehouse storage facility. 4. All storage of materials and equipment shall be within the buildings. MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 7 5. A photometric plan shall be submitted for review and approval by city staff. Where lighting fixtures are installed along streets, in parking areas or on the building for illumination purposes, all fixtures shall be of an appropriate height and design, and angled appropriately as to prevent any direct reflection toward adjacent uses and city streets. Lighting shall be directed and deflected down at the ground, and not out horizontally or up in the air. 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 i°or crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 8 MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 0 PROPOSED RESTAURANT BUILDING STYLE MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 10 Proposed style only of office warehouse minus the small windows (does not reflect color of building). Proposed style of office/warehouse overhead door and office entrance (does not reflect color or overall design). PROPOSED OFFICE / WAREHOUSE MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 11 Proposed :self storage facility and fencing to be similar in style to existing self storage facility depicted above (color of proposal is not reflected in this photo). PROPOSED SELF STORAGE MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 12 Oscar E. Northen, Jr., AWE President RECEIVE. APR Z 4 2008 WING DE''AME1 April 23, 2008 ROLLINS CONSTRUCTION CO. 1521 Mill Landing Road Virginia Beach, VA 23457 RE: Inspection of abandon building in the Creeds section of Va. Bch. Marvin, As per your request I made a visual inspection of the building in question on Tuesday April 22, '08. The investigation centered on evaluating the structural integrity of the building as it exist today. There appears to be extensive termite damage to the building extending into, what can only be assumed as major portions of the supports for the walls and floors. Considering the over-all condition of the existing building, it is my professional opinion that it would not be feasible to try to renovate this existing building and bring it into compliance with the city's codes and regulations. I do not think it would be cost affective to do so! I trust this will be of help to you. Should you need more, just call. Sincerely, Oscar Northen BUILDING INTEGRITY LETTER MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 13 1 12/20/05 Conditional Rezoning from Ag -2 to B-2 Granted 2 12/10/02 Conditional Rezoning from B-2 to B-2, Modification of Conditions (fuel sales & carwash) & Conditional Use Permit (self storage facilit 11/13/01 Rezoning from AG -2 to B-2 & Conditional Use Permit fuel expansion & carwash 12/07/99 Conditional Use Permit(gasoline sales lD7/11/79 Rezoning from AG -1 to B-2 Granted 3 06/26/01 Conditional Use Permit recreational use Conditional Use Permit (single family dwellings) Granted 4 03/14/00 Subdivision Variance Approved 5 '10/27/92 Conditional Use Permit church Denied ZONING HISTORY MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 8c 15 Page 14 DISCLOSURE STATEMENT APPLICANT DISCLOSURE ForgTna nt is a corporation, partnership, firm, business, or other unincorporated complete the following: pplicant name followed by the names of all officers, members, trustees, etc. below: (Attach list if necessary) Marvin M. Rollins & Gayle B. Rollins, husband and wife 2. List all businesses that have a parent -subsidiary' or affiliated business entily2 relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list H necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes CondtwaRezonffV Apphcabw Pace 11 of 12 MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 & 15 Page 15 z 0 Canso") a� c� z 0 Nw 4Yr O F=� Z O U DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Gallup Surveyors & Engineers, Ltd. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code & 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. y%%l il`.„, Marvin M. Rollins App"nts/Property Owner's Signature Print Name Gayle B. Rollins Appl' P rty Owner's Signature Print Name Appkaton Page 12 of 12 MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 $t 15 Page 16 aw DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Marvin M. Rollins 8� Gayle B. Rollins, husband and wife 2. List all businesses that have a parent -subsidiary' or affiliated business en tity2 relationship with the applicant: (Attach list if necessary) X Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entw relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 2See next page for footnotes Conddional Use Permit Application Paqe 9 of 10 MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 8 15 Pagq' 17 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Gallup Surveyors & Engineers, Ltd. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (i7 a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the some person own or manage the two entities; there are common or commingled funds or assets; the business entices shave the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities! See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. Marvin M. Rollins Ap0mnt's/PmWty Owner's Signature Print Name AQI4 LQ 0 0 4 Gayle B. Rollins Applica party Owner'sMgnature Print Name CWdbWW We Pem*AWksOM Pear, 10 Of io DISCLOSURE STATEMENT MARVIN M. ROLLINS & GAYLE B. ROLLINS Agenda Items 14 $i 15 Pag4i 18 Item #14 & 15 Marvin M. Rollins and Gayle B. Rollins Change of Zoning District Classification Conditional Use Permit 609 Princess Anne Road District 7 Princess Anne May 14, 2008 CONSENT Joseph Strange: The next matter is agenda item 14 & 15. This is the applications of Marvin M. Rollins and Gayle B. Rollins for a Change of Zoning District Classification from AG -2 to Conditional B-2 Community Business District. The property is located at 609 Princess Anne Road. An application of Marvin M. Rollins and Gayle B. Rollins for a Conditional Use Permit for mini -warehouses on property located 609 Princess Anne Road, District 7, Princess Anne, with nine proffers and five conditions. Eddie Bourdon: Thank you. Mr. Strange, Madame Chair, again for the record, I'm Eddie Bourdon, a Virginia Beach attorney representing Mr. & Mrs. Rollins. We appreciate being on the consent agenda. We appreciate the kind words that Ms. Prochilo expressed this morning, and the revised Condition dealing with the Pecan tree, which we are intending to preserve, and the street front landscaping which is required in the ordinance is all acceptable. I did just want to point out one thing. This property across the street on the north side of Princess Anne Road, up until the early 90s operated for about four decades as a gas station and general store in the Village of Creeds. So, there was reference in there to this being the northern encroachment or whatever. The point is that this was a store and a gas station for I think about four decades. We really do appreciate being on the consent agenda. Thank you. Joseph Strange: Okay. Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Al Henley to review this item. Al Henley: Thank you. Once again, the property is located at 609 Princess Anne Road. The applicant proposes to rezone the site zoned AG -2 Agriculture to Conditional B-2 Business District for the purpose of developing a commercial complex in the Village of Creeds. The proposed use for this property includes a restaurant, a structure containing three office warehouse units, and a self -storage facility. The pre -engineering metal self -storage facility will be similar in design to the self -storage facility on the adjacent property immediately to the south with a metal roof and walls of half metal sidings, half brick along the rear and the side. The office warehouse will utilize the same pre-engineered system with a metal siding and roof. The roof will be extended over the front creating a covered porch to support the columns. The proposed restaurant will be a one-story building with a wrap around covered porch along two sides. The restaurant will be sided with a vinyl simulated shake and a metal roof similar to the other adjoining buildings. The applicant has worked quite well with staff, and he will be maintaining a 50 foot buffer adjacent to Oakum Creek. The staff recommends approval of this application, and of course the request of the simulated proffers provided and Item #14 & 15 Marvin M. Rollins and Gayle B. Rollins Page 2 with the conditions as stated within, therefore, the Planning Commission has placed this item on the consent agenda. With this, I would like to make one other comment on this. This comment is directed to the Department of Public Works Stormwater Management. The local people are well aware and also is City staff that there is a body of water called Oakum Creek. This Oakum Creek runs northward, and drains a lot of farmland immediately to the north, which is probably, I guess, it would drain approximately 150 to 200 acres. They have suffered quite a brit of drainage problems in the past. Public Works did come out and clean this upper north reach drainage system out. And it does drain quite a bit this rural area. Once it crosses Princess Anne Road it opens up to a larger body of water which is known by Oakum Creek that runs directly out to the North Landing River. This creek is down stream, which is beginning at Princess Anne Road and continues westward to the river. It is clogged and has been pretty well stopped up for a number of decades. My comment to Public Works Stormwater Management is to have your civil engineer investigate this thoroughly to determine if it would be adequate or proper to clean the debris out. There is quite a bit of debris. Some years past when the Village of Creeds was opened, there was boat traffic in this creek. Boat traffic; is completed impassible now because of down trees and other clogged vegetated growth that has taken place. So, if Public Works Stormwater Management can investigate that, to see if some of our rain tax money can go and serve this area would be greatly appreciated. Thank you. Joseph Strange: Thank you. Chairman, I have a motion to approve agenda items 14 and 15. Janice Anderson: Thank you. I have a motion by Joe Strange and a second by Barry Knight. Ed Weeden: By a vote of 9-0, the Board has approved items 14 and 15 for consent. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE ABSENT HENLEY AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 9-0, the Board has approved items 14 and 15 for consent. "'ao Scale Ma Not to Marvin M. Rollins & Gayle B. AC -I IJ AG -2 AG -2 P ARP ARP. . RB PARPARPARPARP do Q m RP P ARP ARP ARP ARP P ARP ARP ARP AR 'A ARP ARAGFQARP ARP AR to 4 ARPARPARPARPARPARPAP, n AR'P ARP ARP ARF' ARP.ARP AR U ARPA.RPARPARPARPARPA G -t RP ARP ARP ARP ARP A ABPA �PARPA 'ARPARPARPARPAR ARP ARP ARJ' ARP ARP ARP A ARP ARP ARF RP ARP ARP ARPAP,� ARPARP ' ARP AR AR P ARP ARP �RP AR A PARPA.RP Z% RP ARP"ARP ARPARP JA.RP ARP ARP ARP ARP f ARP ARP ARP ARP ARP ARF ARP ARP ARP ARP jkC.4RPARP.ARP /;ARPARP ARPRPARPARPA { o ARPARPARPA.RP B; AG -I I JP Mini Warehouse Conditional Zoning Change: (rorn AG -2 lo Coad. 6-2 In Reply Refer To Our File No. DF -7031 TO: Leslie L. Lilley FROM: B. Kay WilsorOw CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 13, 2008 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Marvin M. Rollins and Gayle B. Rollins The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 24, 2008. 1 have reviewed the subject proffer agreement, dated January 7, 2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure cc: Kathleen Hassen MARVIN M. ROLLINS and GAYLE B. ROLLINS, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 7th day of January, 20o8, by and between MARVIN M. ROLLINS and GAYLE B. ROLLINS, husband and wife, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of a certain parcel of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.783 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the "Property"; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG -2 Agricultural District to Conditional B-2 Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a PREPARED BY: reasonable relation to the rezoning and the need for which is generated by the rezoning. SYKES. BOURDON, AHERId &LEVY. P.C. GPIN: 23o8-89-5225 1 PREPARED BY. SYKES. $OURDON. AHM & LEVY. P.C. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid prouo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: i,. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN CREEDS VILLAGE CENTER", dated October 5, 2007, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2.. When the Property is developed, the buildings designated "Proposed Restaurant" and "Proposed Self Storage" depicted on the Site Plan will have the architectural design and will utilize building materials substantially as depicted on the photographic exhibit designated "CREEDS VILLAGE", dated January 7, 20o8, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Picture Renderings"). 3. When the Property is developed, the building designated "Proposed Office/Warehouse" depicted on the Site Plan will have the architectural design, including an eight foot (8') deep porch feature and will utilize building materials substantially as depicted on the photographic exhibit designated "OFFICE WAREHOUSE at CREEDS VILLAGE:" dated January 7, 2008, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Office/Warehouse Rendering"). 4. When the Property is developed, the color of the exterior siding of the buildings designated "Proposed Office/Warehouse" and "Proposed Self Storage" on the Site Plan shall be "Ash Grey" as depicted on the palette of "COMMERCIAL INDUSTRIAL COLORS" provided by Heritage Building Systems, with the color of the roll up doors on the Office/Warehouse Building to match. The color of the exterior siding of the building Pa designated "Proposed Restaurant" on the Site Plan shall be "Natural Clay" as depicted on the palette of colors for "Northwoods Siding" provided by Certainteed. The raised seem metal roofs on each of the buildings depicted on the Site Plan shall be Rustic Red in color, as depicted on the palette of "COMMERCIAL INDUSTRIAL COLORS" provided by Heritage Building Systems. The color palettes as referenced herein have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Color Palettes"). 5. There will be no building mounted signs on the exterior of the building designated "Proposed Office/Warehouse". 6. The only freestanding sign shall be an externally illuminated monument style sign no greater than eight feet (8') in height in the area designated on the Site Plan. 7. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 8. When the Property is developed, only the following uses will be permitted: a. Eating and drinking establishments without drive-through windows; b. Business studios, offices and clinics; C. Retail establishments; d. Repair and sales for radio and television and other household appliances and small business machines; and e. Mini -warehouses. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a PREPARED BY: subsequent amendment to the Zoning Ordinance even if the subsequent amendment is SYKES. BOURDON, part of a comprehensive implementation of a new or substantially revised Zoning AI[ERN &LEVY. P.C. Ordinance until specifically repealed. The conditions, however, may be repealed, 3 PREPARED BY. SYKES. $OURDON. ARERN & LEVY. P.C. amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, 'Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (:2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (�j) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (z[) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. a] WITNESS the following signatures and seals: Grantors: MCLTXW yN, LLL (SEAL) Marvin M. Rollins c (SEAL) Ga . Rollins STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me thisCIA ,- day of January, 2oo8, by Marvin M. Rollins and Gayle B. Rollins, husband and wife, Grantors. Notary Pub c My Commission Expires: 91?2k Notary Registration No.: n ?n 3 / ! / 7 5 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as Parcel C, containing 2.783 acres, as shown on that certain plat entitled, "Subdivision of Property of Marvin C. Etheridge, et ux, D.B. 713, pg- 440, 37, M.B. 69, Pg. 35, Pungo Borough, Virginia Beach, Virginia", dated April, 1988, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2814, at Page 1510. GPIN: 23o8-89-5225 Conditionalltezone/Rollins/CreedsVillageCenter/Proffer PREPARED BY: SYKES, BOURDON, AHERN & LEVY. P.C. 0 -43 - Item V.K.4. PLANNING ITEM # 55328 (Continued) Voting: 8-3 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M. Dyer, Meyera E. Oberndorf and Reba S. McClanan Council Members Absent: ,None June 13, 2006 -42 - Item [ :K.4. PLANNING ITEM # 55328 (Continued) Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of LBH, LLCfor a Conditional Change of Zoning: APPLICATION OF LBH, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -1 AND AG -2 TO CONDITIONAL R-10 WITH A PD -H2 PLANNED UNIT DEVELOPMENT DISTRICT OVERLAY AND B -IA LIMITED BUSINESS DISTRICT ZO6061258 BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of LBH, LLC for a Change of Zoning District Classification from AG -1 and AG -2 Agricultural District to Conditional R-10 Residential with a PD -H2 Planned Unit Development District Overlay and B -JA Limited Business District on property located on the west side of Princess Anne Road, approximately 1,950 feet southwest of Sandbridge Road (GPI7Vs 2404809627; 2403698016; 2403886753; 2403890088; 2403798068; 2403793035; 2414014092). The Comprehensive Plan designates this site as part of the Princess Anne Transition Area, suitable for residential uses developed in accordance with the Comprehensive Plan policies for this area. The purpose of this rezoning is to develop a residential neighborhood of mixed unit types and a restaurant. DISTRICT 7 — PRINCESS ANNE The following condition shall be required: 1. Agreements encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made apart of the record This Ordinance shall be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June Two Thousand Six. June 13, 2006 HOME ASSOCIATES Relevant Information: • Princess Anne District The applicant requests a rezoning and modification of the proffers approved by City Council on June 13, 2006. The modifications pertain to the retail and restaurant sites only and consist of the following: • Change the location of the northernmost B -1A Business zoned property to the southern side of the main entrance roadway. • Rezone the current B -1A zoned area located in front of the restaurant site and within the buffer area adjacent to Princess Anne Road to P-1 Preservation; and • Relocate the vehicular access to the limited retail and restaurant sites so it runs from the main entrance road to the development. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (9-0) • No opposition. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOME ASSOCIATES OF VIRGINIA, INC. for a Modification of Conditions for a request approved by City Council on June 13, 2006 (LBH, L.L.C.). Property is located on the west side of Princess Anne Road, approximately 1950 feet south of Sandbridge Road (GPINs 2414014092; 2404809627; 2403698016; 2403890019; - 890088; -798068; -3035). DISTRICT 7 — PRINCESS ANNE. MEETING DATE: June 24, 2008 ■ Background: The Conditional Rezoning from AG -1 and AG -2 Agricultural District to R -5S Residential Single Family District (PD -1-12 Overlay), R-7.5 Residential District (PD -H2 Overlay), A-12 Apartment District (PD -H2 Overlay), and B -1A Business District was approved by the City Council on June 13, 2006. This Conditional Rezoning was approved with three separate proffer agreements; one for the residential development, one for the retail, and one for the restaurant. The 2006 proposal had the retail parcel in the northeast corner of the development adjacent to a dedicated City park and fronting Princess Anne Road. In working with City staff, a consensus was reached that by relocating this retail site to a location in front of the southern lake, a curb cut on Princess Anne Road could be eliminated and a larger park site and open space buffer could be dedicated to the City. The applicant, therefore, proposes this rezoning, which will relocate the commercial sites (retail and restaurant) such that each will front on Princess Anne Road but will have vehicular access from the main entrance road to the development rather than on Princess Anne Road. This will allow the entire buffer area adjacent to Princess Anne to be dedicated to the City without the need for an easement for trails and landscaping on the B -1A parcels. ■ Considerations: The applicant requests the following: 1. Change the location of the northernmost B -1A Business zoned property to the southern side of the main entrance roadway. This will entail rezoning that 13- 1 A zoned area to P-1 Preservation and rezoning the current P-1 zoned area on the southern side of the main entrance to B -1A Business; Home Associates of Virginia, Inc. Page 2of2 2. Rezone the current B -1A zoned area located in front of the restaurant site and within the buffer area adjacent to Princess Anne Road to P-1 Preservation; and 3. Relocate the vehicular access to the limited retail and restaurant sites so it runs from the main entrance road to the development. No other changes to the substance of any proffers are requested. The proposed rezoning, resulting in a revised layout for the retail and restaurant parcels associated with this development, is consistent with the Comprehensive Plan's recommendations for this area and compatible with the proposed residential neighborhood. The proposed design for the retail building remains unchanged from the original submittal and is appropriate in regard to residential building scale. Additional landscaping maintains a quality image and compatibility with the surrounding neighborhood and buffers the parking area from the residential homes across Princess Anne Road. The Planning Commission placed this item on the consent agenda because they concluded that the proposed reconfiguration is an improvement of the original plan, there are no other modifications being made to the plan, and there was no opposition to the proposal. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 1 .-9-� `L,,'6-6w."L HOME ASSOCIATES OF VIRGINIA INC. Agenda Item 5 May 14, 2008 Public Hearing Staff Planner: Karen Prochilo REQUEST: Modification of Proffers from the Conditional Change of Zoning from AG -1 & AG -2 to Conditional R -5S (PD -1-12), R7.5 (PD -1-12), A-12 (PD -H2), and B -1A granted by the City Council on June 13, 2006. Kok NO / �►��/ ADDRESS / DESCRIPTION: Property located on the west side of Princess Anne Road approximately 1,950 feet southwest of Sandbridge Road. GPIN: 24140140920000 24048096270000 24136980160000 24038900190000 24038900880000 24037980680000 24037930350000 COUNCIL ELECTION DISTRICT 7 — PRINCESS ANNE SITE SIZE: Land Area: 116.4 acres (111.54 acres residential) ( 5.10 acres non-residential) Water Area: 122.46 acres Total Area: 239.10 acres The Conditional Rezoning from AGA & AG -2 Agricultural SUMMARY OF REQUEST District to R -5S Residential Single Family District (PD -H2 Overlay), R-7.5 Residential District (PD -H2 Overlay), A-12 Apartment District (PD -H2 Overlay), and B -1A Business District was approved by the City Council on June 13, 2006. This Conditional Rezoning was approved with three separate proffer agreements; one for the residential development, one for the retail, and one for the restaurant. The 2006 proposal had the retail parcel in the northeast corner of the development adjacent to a dedicated City park and fronting Princess Anne Road. In working with City staff, a consensus was reached that by relocating this retail site to a location in front of the southern lake, a curb cut on Princess Anne Road could be eliminated and a larger park site and open space buffer could be dedicated to the City. HOME ASSOCIATES OF VIRGINIA INC. Agenda Item 5 Page 1 The proposed modifications will relocate the commercial sites (retail and restaurant) such that each will front on Princess Anne Road but will have vehicular access from the main entrance road to the development rather than on Princess Anne Road. This will allow the entire buffer area adjacent to Princess Anne to be dedicated to the City without the need for an easement for trails and landscaping on the B -1A parcels. The applicant, therefore, requests the following: 1. Change the location of the northernmost B -1A Business zoned property to the southern side of the main entrance roadway. This will entail rezoning that B -1A zoned area to P-1 Preservation and rezoning the current P-1 zoned area on the southern side of the main entrance to B-1 A Business; 2. Rezone the current B -1A zoned area located in front of the restaurant site and within the buffer area adjacent to Princess Anne Road to P-1 Preservation; and 3. Relocate the vehicular access to the limited retail and restaurant sites so it runs from the main entrance road to the development. No other changes to the substance of any proffers are requested. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Currently, a large portion of this property is under construction for residential development. SURROUNDING LAND North: . Single-family dwelling and open space (Three Oaks USE AND ZOIVING: Subdivision) / AG -1 Agricultural District and R-20 Residential District South: . Undeveloped agricultural land and borrow pit / AG -1 and AG -2 Agricultural District East: . Across Princess Anne Road, cultivated fields and large -lot single-family dwellings (one ARP property) / AGA and AG -2 Agricultural District West: . Across Seaboard Road, cultivated fields and large -lot single- family dwellings / AGA and AG -2 Agricultural District NATURAL RESOURCE AND This site is currently under construction for residential development. CULTURAL FEATURES: There are mature trees bordering Seaboard Road, which will remain as part of the proffered plan. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES HOME ASSOCIATES OF VIRGINIA INC. Agenda Item 5 Page 2 MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in the vicinity of this application is currently a two—lane undivided roadway that serves as a minor suburban arterial roadway. Princess Anne Road is shown on the Master Transportation Plan as a future undivided 100 -foot wide right-of-way a bikeway. The relocation of the retail access from Princess Anne Road to Machipungo Drive (main entrance roadway) is the preferred option. WATER & SEWER: Comments from the 2006 proposal remain in affect. Additional comments may be provided during site plan review for the retail and restaurant uses. FIRE: No additional comments beyond the 2006 proposal. Additional comments, however,* may be provided during site plan review for the retail and restaurant uses. PARKS & RECREATION: A field change to the approved construction plans will be needed for the re- alignment of the shared -use pathway in the dedicated buffer area parallel to Princess Anne Road in the northeast corner of the subject site. The park dedication will be addressed during subdivision plat review. SCHOOLS: The modification requested to this Conditional Rezoning does not affect any schools. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the submitted proffers. The proffers are provided below. Comprehensive Plan: The Comprehensive Plan designates this site to be within the Transition Area, a well-planned, low density, fiscally sound, and desirable destination for people to live, work, and play. The Comprehensive Plan characterizes commercial development in this area as being a function of the land, site location, and the type of surrounding residential development. The Comprehensive Plan specifies that "retail service uses that adjoin areas planned for residential use should provide effective screening and locate loading docks and trash areas in a manner that significantly minimizes related noise and odor. Screening may include fences, walls, berms, hedgerows, and massing of plant material." Installing plant material instead of man-made screening may be most ideal in connecting with the adjacent pedestrian traffic associated with the lakes and neighborhood. Evaluation: The applicant proposes a change in the location of the approved retail parcel to a site at the front of the residential development, adjacent to the main entrance roadway, and a clarification to the size of the other commercially zoned parcel, proposed for a restaurant. The Transition Area chapter of the Comprehensive Plan specifies that if the development's design does not allow for pedestrian circulation, then the commercial use should be located within easy walking distance to the residential development. The applicant's proposal to relocate the approved retail away HOME ASSOCIATES OF VIRGINIA INC. Agenda Item 5 Page 3 from the City open space at the northern end of the development to the more practical location, adjacent to the entrance road of the residential development is consistent with this recommendation of the Comprehensive Plan. This type of road access for commercial uses is encouraged in the Policy Document, which notes that "access should be coordinated with, or provided from, the secondary street system or by cross -parcel access ways whenever possible." This modification to the placement of the approved commercial use better meets the pedestrian and vehicular needs of the neighborhood and surrounding area. The proposed revised plan is in conformance with the Comprehensive Plan's recommendations for this area and compatible with the proposed residential neighborhood. The proposed design for the retail building remains unchanged and is appropriate in regard to residential building scale. Additional landscaping maintains a quality image and compatibility with the surrounding neighborhood and buffers the parking from the residential homes across Princess Anne Road. Staff recommends approval of this request with the proffers submitted below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in ar attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1;; When Parcel NR is developed, it shall be developed substantially as shown on the exhibit entitled "Conceptual Site Layout Plan of Sherwood Lakes Princess Anne Road /Seaboard Road Virginia Beach, Virginia" dated 02/28/08, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). PROFFER 2; When Parcel NR is developed, the exterior of the building shall have the architectural features and colors substantially as depicted on the exhibit entitled "RETAIL BUILDING WITH 10' WRAP AROUND PORCH" prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). PROFFER 3: The only uses which shall be permitted on Parcel NR shall be: a) Retail Establishments; b) Specialty Shops; c) Personal Service Establishments to include Spas; d) Art Galleries; e) Florist, gift shops, stationary stores. PROFFER 4: On Parcel NR all outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away form adjoining property. HOME ASSOCIATES OF VIRGINIA INC. Agenda Item 5 Page 4 PROFFER 5: When Parcel FY is developed, it shall be developed substantially as shown on the Site Plan. PROFFER 6: When Parcel FY is developed, the exterior of the building shall have "low country" rurally compatible architectural features, high quality building materials and earth -tone colors. Detailed building elevations and materials board shall be submitted to the Planning Department for review and approval prior to the review of any site plan foe Parcel FY. PROFFER 7: The only use which shall be permitted on Parcel FY shall be eating and drinking establishments without drive-thru windows. PROFFER 8: On Parcel FY all outdoor lighting shall be shielded, deflected shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 9: When Parcel NR and Parcel FY are developed, the open space areas , zoned PDH -2, adjacent to the entrance drive aisles shall be bermed and landscaped substantially as depicted and designated on the "LANDSCAPE DETAIL ENTRANCES TO COMMUNITY RETAIL AND RESTAURNAT AT SHERWOOD LAKES Princess Anne Rd. / Seaboard Rd. Virginia Beach, VA", dated 02/28/08, prepared by MSA,P.C., which has been exhibited to the Virginia Beach City council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Detail"). PROFFER 10: The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2006 Restaurant Site Proffers and the 2006 Retail Site Proffers. PROFFER 11: The zoning district classification for Parcel FX and Parcel RX is hereby changed from B -1A to P-1. PROFFER 12: The zoning district classification for Parcel P is hereby changed from PDH -2 to P-1. PROFFER 13: Those Proffered Covenants, Restrictions and Conditions contained in the 2006 Residential Proffers applicable to the remaining portions of the Property zoned PDH -2, with an underlying R-10 Residential District as set forth in those certain Proffered Covenants, Restrictions and Conditions recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #20060621000928840 remain in full force and effect. PROFFER 14: Further conditions may be required by the Grantee during detailed Site Plan and /or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. HOME ASSOCIATES OF VIRGINIA INC. Agenda Item 5 Page 5 The City Attorney's Office has reviewed the proffer agreement dated February 28, 2008, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. HOME ASSOCIATES OF VIRGINIA INC. Agenda Item 5 Page 6 EX�ST�Nc' s 11 0 CHANGE PROPOSED ZONING ASSOCIATES 0 �R)iIRGINIA IRGINIAl C. HOME ;,Agenda 1 5 poseo PROI e%j.AVkGe ESO 40 ,6 ),SsoclSSOGI Agenda .f a I u Ir 0 IL 0 z 0 4 IL a Ir RENDERING OF PROPOSED RETAIL BUILDING.' HOME ASSOCIATES OR)MGINlk C. > Agenda 1 5 P= 1 1 06/13/06 Conditional Rezoning AG -1 /AG -2 to R-10 with a PDH -2 Overlay & B -1A Granted 2 09/27/05 Conditional Use Permit for Borrow Pit Granted 3 02/24/04 Conditional Rezoning AG -1 /AG -2 to PDH -2 Street Closure Subdivision variance Granted 4 04/23/02 Conditional Use Permit for Borrow Pit Reconsideration Denied 5 04/27/99 Conditional Use Permit for Fraternal Organization Granted 6 03/25/97 Conditional Use Permit church Granted 7 10/26/93 Conditional Use Permit for Open sace Promotion Granted 8 10/23/90 Conditional Use Permit for Borrow Pit Expansion Granted 9 04/20/81 Conditional Use Permit for Borrow Pit Granted 10 12/17/79 Conditional Use Permit for Borrow Pit Granted ZONING HISTORY HOME ASSOCIATES OF VIRGINIA INC. Agenda Item 5 Page 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Home Associates of Virginia, Inc.: James M. Arnhold, Chairman; Robert L. Prodan, II, President; Brenda Caruana, Vice President/Secretary 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 9/1/2004 HOME ASSOCIATES OF VIRGINIA INC. Agenda Item 5 Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) R. Edward Bourdon, Jr., Esquire MSA, P.C. BB&T Land Planning Solutions ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing accordin to the instructions in this package. Ho a Asso i s of Virginia, Inc. By: James M. Arnhold, Chairman Applicant's ature Print Name Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 9/112004 DISCLOSURE STATEMENT HOME ASSOCIATES OF VIRGINIA INC. Agenda Item 5 Page 13 Item #5 Home Associates of Virginia, Inc. Modification of Conditions West side of Princess Anne Road District 7 Princess Anne May 14, 2008 CONSENT Joseph Strange: The next matter is agenda item 5. The application of Home Associates of Virginia, Inc., an application of Modification of Conditions for a request approved by City Council on June 13, 2006. The property is located on the west side of Princess Anne Road approximately 1950 feet south of Sandbridge Road, District 7, Princess Anne. Eddie Bourdon: Thank you Mr. Strange. Madame Chair, for the record, I'm Eddie Bourdon, a Virginia Beach attorney representing the applicant. I want to let you know that Jim Arnhold, the principal is here this afternoon. We appreciate all of the hard work Karen Prochilo has put in on this, along with the rest of the staff for that matter, and we appreciate being on the consent agenda. Thank you. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Barry Knight to review this item. Barry Knight: This is a proposal that came forward to us in 2006, and it had a retail parcel on the northeast corner of the development adjacent to a dedicated City park, and it was fronting on Princess Anne Road. In working with City staff, the consensus was reached that by relocating this retail to a location in front of the southern lake, the curb cut on Princess Anne Road could be eliminated, and a larger park site and open space buffer could be dedicated to the City. And they moved the entrance a little further south. They've done a little berm and little landscaping in front of some of the neighbor's houses. I know that some of the neighbors had questioned exactly what was going on. The developer and his representative met with the neighbors. They are now satisfied. No one is objecting to it. We think it is probably a better plan than the original plan, so we slated it for the consent agenda. Joseph Strange: Thank you Barry. Chairman, I have a motion to approve agenda item 5. Janice Anderson: Thank you. I have a motion by Joe Strange and a second by Barry Knight. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE ABSENT HENLEY AYE HORSLEY AYE Item #5 Home Associates of Virginia, Inc. Page 2 KATSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 5 for consent. In Reply Refer To Our File No. DF -7061 TO: Leslie L. Lilley FROM: B. Kay Wilso Vi CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: June 13, 2008 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Home Associates of Virginia, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on June 24, 2008. 1 have reviewed the subject proffer agreement, dated February 28, 2008 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/bm Enclosure cc: Kathleen Hassen PREPARED BY. SYKES, BOURDON, AHERN & LEVY. P.C. FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of February, 2008, by and between HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 243.827 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a modification to three (3) conditional amendments to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify conditions to the three (3) Zoning Classifications of the Property; and GPIN: 2414-01-4092 2404-80-9627 (Part of) 2403-69-8016 2403-88-6753 2403-89-0088 2403-79-8068 2403-79-3035 Prepared By: R Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 PREPARED BY: SYKES, BOURDON. AHERN & LEVY. P.C. WHEREAS, the Grantor has requested the Grantee to permit this modification of the following three (3) previously Proffered Covenants, Restrictions and Conditions: (a) The Proffer Agreement dated July 31, 2005 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument #20060621000928840 (hereinafter "2oo6 Residential Proffers"); (b) The Proffer Agreement dated November 17, 2005 recorded in the afore referenced Clerk's Office as Instrument #20060621000928870 (hereinafter "2oo6 Restaurant Site Proffers"); and, (c) The Proffer Agreement dated November 17, 2005 recorded in the afore referenced Clerk's Office as Instrument #20060621000928860 (hereinafter "2oo6 Retail Site Proffers"), to reflect amended and relocated zoning district boundaries to the land use plans on the Property; and WHEREAS, the Grantor has requested that that portion of the Property containing approxirnately 39,196 square feet as described in Exhibit "B" as Parcel FX be rezoned from Conditional B -1A Commercial District to P-1 Preservation District and that portion of the Property described in Exhibit "B" as Parcel FY, containing approximately 2.850 acres, be rezoned from Conditional PDH -2 and Conditional B -1A to Conditional B -1A; and WHEREAS, the Grantor has requested the Grantee to rezone that parcel described in Exhibit "B" as Parcel RX containing approximately 1.328 acres, and Parcel P containing 4.837 acres, from Conditional B -1A Commercial District and Conditional PDH -2 to P-1 Preservation District; and WHEREAS, the Grantor has requested the Grantee to rezone that parcel described in Exhibit "B" as Parcel NR containing 2.305 acres from Conditional PDH -2 to Conditional B -1A; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the 2 Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When Parcel NR is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Site Layout Plan of Sherwood Lakes Princess Anne Road/Seaboard Road Virginia Beach, Virginia", dated 02/28/o8, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). 2. When Parcel NR is developed, the exterior of the building shall have the architectural features and colors substantially as depicted on the exhibit entitled, "RETAIL BUILDING WITH lo' WRAP AROUND PORCH", prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). 3. The only uses which shall be permitted on Parcel NR shall be: (a) Retail Establishments; (b) Specialty Shops; (c) Personal Service Establishments to include Spas; (d) Art Galleries; (e) Florist, gift shops, stationary stores. PREPARED BY: SYKES. BOURDON. 4• On Parcel NR all outdoor lighting shall shielded, deflected, shaded and AHERN & LEVY. P.C. focused to direct light down onto the premises and away from adjoining property. 3 PREPARED BY: SUES, $OURDON. ARERN & LEVY. P.C. 5. When Parcel FY is developed, it shall be developed substantially as shown on the Site Plan. 6. When Parcel FY is developed, the exterior of the building shall have "low country", rurally compatible architectural features, high quality building materials and earth -tone colors. Detailed building elevations and a materials board shall be submitted to the Planning Department for review and approval prior to the review of any site plan for Parcel F i . 7. The only use which shall be permitted on Parcel FY shall be eating and drinking establishments without drive-thru windows. 8, On Parcel FY all outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 9. When Parcel NR and Parcel FY are developed, the open space areas, zoned PDH -2, adjacent to the entrance drive aisles shall be bermed and landscaped substantially as depicted and designated on the "LANDSCAPE DETAIL ENTRANCES TO COMMUNITY RETAIL AND RESTAURANT AT SHERWOOD LAKES Princess Anne Rd./Seaboard Rd. Virginia Beach, VA", dated 02/28/o8, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Detail"). 10. The Covenants, Restrictions and Conditions set forth herein replace and supersede the 20o6 Restaurant Site Proffers and the 2oo6 Retail Site Proffers. 11. The zoning district classification for Parcel FX and Parcel RX is hereby changed from B -1A to P-1. to P-1. The zoning district classification for Parcel P is hereby changed from PDH -2 13,. Those Proffered Covenants, Restrictions and Conditions contained in the 2oo6 Residential Proffers applicable to the remaining portions of the Property zoned PDH -2, with an underlying R-10 Residential District as set forth in those certain Proffered Covenants, Restrictions and Conditions recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #2006062100092884o remain in full force and effect. 14. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 4 PREPARED BY: SYKES, BOURDON. AHIRN & LEVY. P.C. All references hereinabove to the B -1A, P-1 and PDH -2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 5 (;;) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (e[) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY. SYKES. ROURDON. AHERN & LEVY. P.C. C1 PREPARED BY: SYKES. BOURDON, A14LRN & IM P.C. WITNESS the following signature and seal: Grantor: Home Associates of Virginia, Inc., a Virginia corporation By: (SEAL) James . old, nhairman STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 29th day of February 2oo8, by James M. Arnhold, Chairman of Home Associates of Virginia, Inc., a Virginia corporation, Grantor. -1 " / - , " d-'11' ->, /' /! ��, " " Notary Public My Commission Expires: August 31, 2010 1�A R�y Notary Registration No.: 192628 + 7 PREPARED BY: SYKES, $OURDON. AHERN & LEVY. P.C. EXHIBIT "A" LEGAL DESCRIPTIONS PARCEL ONE: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being shown and designated as PARCEL "A" 1,481,19i:.00 Sq. Ft. or 34.00 AC., on that certain plat entitled "SUBDIVISION OF PROPERTY OWNED BY DAVID B. HILL, JR. (D.B. 2522, PF. 1294) Princess Anne Borough, Virginia Beach, Virginia", dated December 18, 199o, prepared by Miller - Stephenson & Associates, P.C., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 212, at Page 5. GPIN: 2414-01-4092 PARCEL TWO: ALL THAT certain tract or parcel of land, with the improvements thereon and all sand, minerals, mining rights, licenses, permits, and all other appurtenances thereunto belonging, situate, lying and being in Princess Anne Borough, Virginia Beach, Virginia, known, numbered and designated as "A — 102.96 Ac." as shown on the plat entitled "Survey of Property of Evelyn L. McKnight and Land Farm Co., Inc., Map Book 102, Page 23 (erroneously referred to as Map Book 91 at Page 52 in prior deed), Princess Anne Borough;, Virginia Beach, Virginia", made by W.B. Gallup, Surveyors, dated April 21, 1969, revised November 23, 1973, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia simultaneously with a Deed dated February 22, 1974 from Evelyn L. McKnight and William R. McKnight to Capricorn Associates, which Deed is recorded in Deed Book 1403, at Page 687, in the Clerk's office, said parcel being of the dimensions as shown on said plat tow which reference is hereby made for a more particular description of said property. Less and Except that ten (1o) foot strip which was conveyed to the City of Virginia Beach for road widening as recorded in the aforesaid Clerk's Office in Deed Book 2028, at Page 723• GPIN: 2ZE04-8o-9627 (Part of) PARCEL THREE: ALL THAT CERTAIN parcel of land, situated on the east side of Seaboard Road, Princess Anne Borough, City of Virginia Beach, Virginia, being designated as PARCEL C, as shown on that certain plat entitled "Plat of Property of Lee Edward Johnson Estate, Princess Anne Borough, Virginia Beach, Virginia", made by Harold R. Warren, Jr., Certified Land Surveyor, Virginia Beach, Virginia, dated April 15, 1968, recorded in the Clerk's Office of PREPARED BY: SYKES, POURDON. AHERN & LEVY. P.C. the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 78, at Page 49, reference to which plat is hereby made for a more particular description of said property. GPIN: 2403-69-8o16 PARCEL FOUR: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, containing 43.77o acres shown and designated as "PARCEL `B-1"', on that certain plat entitled "SUBDIVISION OF PROPERTY PARCEL B SURVEY OF PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC. (M.B. 102, P. 23)", made by Gallup Surveyors & Engineers, Ltd., dated 2, September 1988, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2816, at Page 1072. GPIN NO: 2403-88-6753 PARCEL FIVE: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, containing 7.162 acres shown and designated as "PARCEL `B-4"', on that certain plat entitled "SUBDIVISION OF PROPERTY PARCEL B-1 AND THE REMAINS OF PARCEL B PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC. (D.B. 2816, P. 1072 Plat)", made by Gallup Surveyors & Engineers, Ltd., dated August 25, 1998, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 272, at Pages 95-96• GPIN: 2403-89-oo88 PARCEL SIX: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, containing 5.219 acres shown and designated as "PARCEL `B-5"', on that certain plat entitled "SUBDIVISION OF PROPERTY PARCEL B-1 AND THE REMAINS OF PARCEL B PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC. (D.B. 2816, P. 1072 Plat)", made by Gallup Surveyors & Engineers, Ltd., dated August 25, 1998, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 272, at Pages 95-96. GPIN: 2403-79-8068 PARCEL SEVEN: ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia, containing 46.625 acres shown and designated as "REMAINS OF PARCEL B — `NOT A BUILDING SITE"' on that certain plat entitled "RESUBDIVISION OF PROPERTY 9 PARCELS B-2, B-3 AND THE REMAINS OF PARCEL B PROPERTY OF E.L. McKNIGHT & LAND FARM CO., INC.", made by Gallup Surveyors & Engineers, Ltd., dated June 10, 1999, Which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 278, at Pages 15-17. GPIN: 2403-79-3035 PREPARED BY: SYKES, BOURDON. AHERN & LEVY. P.C. 10 PREPARED BY: SYK£S. BOURDON. AR£RN & LEVY, P.C. EXHIBIT "B" ZONING PARCEL DESCRIPTIONS PARCEL `FX' B -1A TO P-1 Commencing at a point along the western right-of-way line of Princess Anne Road, a variable width right-of-way, said point being 1973.88' from Sandbridge Road; thence along Princess Anne Road S 32014'45" W a distance of 1,526.80' to a monument; thence S 36007'05" W a distance of 154.61' to the point of beginning; thence S 28°26'05" W a distance of 261.31' to a point; thence departing Princess Anne Road, N 61°33'55" W a distance of 150.00' to a point; thence N 28°26'05" E a distance of 261.31' to a point; thence S 61033'55" E a distance of 150.00' to the point of beginning. Said property contains 39,196 square feet or o.90 acres. PARCEL `RX' B -1A TO P-1 Beginning at a point along the western right-of-way line of Princess Anne Road, a variable width right-of-way, said point being 1973.88' from Sandbridge Road; thence along Princess Anne Road S 32014'45" W a distance of 385.67' to a point; thence departing Princess Anne Road N 57026'32" W a distance of 150.00' to a point; thence N 32°31'47" E a distance of 385.68'; thence S 57°2625" E a distance of 150.00' to the point of beginning. Said property contains 57,851 square feet or 1.328 acres. PARCEL "P" (PARK SITE) PDH -2 AND B -1A TO P-1 COMMENCING AT A POINT ALONG THE WESTERN LINE OF PRINCESS ANNE ROAD, A VARIABLE WIDTH RIGHT -OF WAY, SAID POINT BEING 1973.88 FEET FROM SANDBRIDGE ROAD; THENCE DEPARTING PRINCESS ANNE ROAD NORTH 570 26' 23" WEST, A DISTANCE OF 150.0o FEET TO THE POINT OF BEGINNING; THENCE SOUTH 320 14' 45" WEST, A DISTANCE OF 238.69 FEET TO A POINT; THENCE NORTH 57° 26' 23" WEST, A DISTANCE OF 761.55 FEET TO A POINT; THENCE NORTH 130 03'23" WEST, A DISTANCE OF 341.26 FEET TO AN IRON PIN FOUND; THENCE SOUTH 570 26' 23" EAST, A DISTANCE OF 1,004.14 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 210,721 SQUARE FEET OR 4.837 ACRES. PARCEL "FY" (MODIFIED RESTAURANT PARCEL) COMMENCING AT A POINT ALONG THE WESTERN LINE OF PRINCESS ANNE ROAD, A VARIABLE WIDTH RIGHT-OF-WAY, SAID POINT BEING 1973.88 FEET FROM SANDBRIDGE ROAD; THENCE CONTINUING ALONG PRINCESS ANNE ROAD SOUTH 320 14' 45" WEST, A DISTANCE OF 1,526.8o FEET TO A CONCRETE MONUMENT; THENCE SOUTH 36° 07' 05" WEST, A DISTANCE OF 138.42 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 360 07' 05" WEST, A DISTANCE OF 11 PREPARED BY. SYKES, BOURDON. AHERN & LEVY. P.C. 16.19 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 280 26' 05" WEST, A DISTANCE OF 88.96 FEET TO A POINT; THENCE DEPARTING PRINCESS ANNE ROAD NORTH 610 33'55" WEST, A DISTANCE OF 150.00 FEET TO A POINT; THENCE SOUTH 280 26' 05" WEST, A DISTANCE OF 294.00 FEET TO A POINT; THENCE NORTH 610 33'55" WEST, A DISTANCE OF 117.Oo FEET TO A POINT; THENCE NORTH 280 26'05" EAST, A DISTANCE OF 83.00 FEET TO A POINT; THENCE NORTH 610 33' 55" WEST, A DISTANCE OF 138.00 FEET TO A POINT; THENCE NORTH 16o 33' 55" WEST, A. DISTANCE OF 1o6.07 FEET TO A POINT; THENCE NORTH 280 26'05" EAST, A DISTANCE OF 166.00 FEET TO A POINT; THENCE NORTH 730 26' 05" EAST, A DISTANCE OF 1o6.07 FEET TO A POINT THENCE SOUTH 610 33' 55" EAST, A DISTANCE OF 407.16 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 124,133 SQUARE FEET OR 2.85o ACRES. PARCEL "NR" (NEW LIMITED RETAIL PARCEL) COMMENCING AT A POINT ALONG THE WESTERN LINE OF PRINCESS ANNE ROAD, A VARIABLE WIDTH RIGHT -OF WAY, SAID POINT BEING 5,647.49 FEET FROM SANDBRIDGE ROAD; THENCE ALONG SAID RIGHT-OF-WAY NORTH 280 26' 05" EAST, A DISTANCE OF 231.89 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING PRINCESS ANNE ROAD NORTH 610 32' 54" WEST, A DISTANCE OF 252.82 FEET TO A POINT; THENCE NORTH 280 26'05" EAST, A DISTANCE OF 833.38 FEET TO A POINT; THENCE SOUTH 610 33'55" EAST, A DISTANCE OF 102.46 FEET TO A POINT; THENCE SOUTH 280 26'05" WEST, A DISTANCE OF 733.34 FEET TO A POINT; THENCE SOUTH 610 35'28" EAST, A DISTANCE OF 150.00 FEET TO A POINT; THENCE, SOUTH 280 26'05" WEST, A DISTANCE OF 1oo.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 100,386 SQUARE FEET OR 2.305 ACRES. ModificationofProffers/HomeAssociatesofVirginia/SherwoodLakes/Proffer 12 - 1sa - STATEMENT OF CONSENT APPLICANT: Church of St. Gregory the Great, Catholic Diocese of Richmond APPLICATION: Conditional Use Permit DESCRIPTION: Church Addition CITY COUNCIL SESSION: November 10, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Clymer), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. A 10 -foot reservation of right-of-way is required along the frontage of Virginia Beach Boulevard. By: �.7y, L• cL// Gwner/Attorney,/Age%t Date: /!/(0 le(' - 18 - Item II-F.1.b. PUBLIC HEARING PLANNING BY CONSENT ITEM # 26334 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of CHURCH OF ST. GREGORY THE GREAT, Catholic Diocese of Richmond for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHURCH OF ST. GREGORY THE GREAT, CATHOLIC DIOCESE OF RICHMOND, FOR A CONDITIONAL USE PERMIT FOR A CHURCH R01186987 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Church of St. Greogry the Great, Catholic Diocese of Richmond, for a Conditional Use Permit for a church addition on property located 200 feet south of Virginia Beach Boulevard, 290 feet more or less west of Clearfield Avenue. Said parcel is located at 5345 Virginia Beach Boulevard and contains 14.62 acres. plats with more detailed information are available in the Department of Plannning. BAYSIDE BORUGH. The following condition shall be required: 1. A 10 -foot reservation of right-of-way is required along the frontage of Virginia Beach Boulevard. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of November, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Coucil Members Voting Nay: None Council Members Absent: None November 109 1986 CATHOLIC DIOCESE Modification of Conditions Relevant Information: • Kempsville District • The applicant requests a Modification of an existing Use Permit for a church to allow the construction of a storage shed on the site. • The storage shed was not show on the original Use Permit; thus, this modification is required. • 30' x 60' (1,800 square feet) prefabricated metal storage building on a slab. The exterior of the metal storage facility will consist of simulated rust red brick panels to mimic the color and materials of the surrounding structures. • The applicant will install, at minimum, a three-foot wide foundation landscape area on the east, west, and south sides of the proposed storage building. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (9-0) • No opposition (Consent Agenda). F� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CATHOLIC DIOCESE OF RICHMOND for a Modification of Conditions for a request approved by City Council on November 10, 1986 (St. Gregory the Great, Catholic Diocese of Richmond). Property is located at 5345 Virginia Beach Boulevard (GPIN 1467567211). DISTRICT 2 — KEMPSVILLE. MEETING DATE: June 24, 2008 ■ Background: The applicant desires to modify the current Use Permit for the church to allow the construction of a 30'x 60' (1,800 square foot) prefabricated metal storage building on a slab. Miscellaneous equipment, such as chairs, tables, coolers, and material from a yearly carnival, will be stored within this facility. ■ Considerations: The submitted site plan shows the storage shed located within the rear parking lot of the church, just east of the existing meeting hall. The applicant has agreed to install, at minimum, a three-foot wide foundation landscape area on the east, west, and south sides of the proposed storage building. This foundation landscape area will consist of at least one (1) shrub per four (4) linear feet of building foundation length. No flammable or hazardous material shall be stored in the storage building. The exterior of the metal storage facility shall consist of simulated rust red brick panels to mimic the color and materials of the surrounding structures. The use of similar building materials and colors to match the existing buildings on the site, as well as the size and placement of the proposed storage structure ensure compatibility of the storage building with surrounding structures and uses. Additionally, foundation landscaping will soften the appearance of the proposed structure from the adjacent parcel to the south. The Planning Commission placed this item on the consent agenda because the applicant has ensured compatibility with surrounding structures through the use of similar building materials and colors, the location of the structure is well - integrated into the other buildings on the site, and there was no opposition to the proposal. Catholic Diocese of Richmond 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. The storage facility shall be located on the site in substantial accordance with the submitted marked -up "Topographic Survey of a Portion of Parcel A-1" prepared by the Spectra Group, Inc. and dated 05/18/07. A copy of this plan has been exhibited to the City Council and is on file in the Planning Department. 2. The ,storage facility shall mimic the exterior building materials, with respect to color and material, of the existing church, and shall be substantially in conformance with the submitted elevations. A copy of the submitted elevations has been exhibited to the City Council and is on file in the Planning Department. 3. A minimum three-foot wide foundation landscape area shall be provided on the east, west, and south sides of the storage facility. 4. One (1) shrub per four (4) linear feet of building length must be provided within the foundation landscape area. All foundation landscape area shrubs shall have a minimum height of 18 inches at time of planting. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage • 8�'L CATHOLIC DIOCESE OF RICHMOND Agenda Item 17 May 14, 2008 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Modification of the Conditional Use Permit Modification of Conditions approved by City Council on September 24, 1996 (The Church of Saint Gregory the Great) for a church expansion. ADDRESS / DESCRIPTION: 5345 Virginia Beach Boulevard GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 1467567211 2 - KEMPSVILLE 13.5 acres APPLICATION HISTORY: The request was deferred at the April 9, 2008 Planning Commission meeting based on the applicant's request. A Conditional Use Permit allowing a church expansion was SUMMARY OF REQUEST approved by the City Council on September 24, 1996, with no conditions. The applicant desires to modify the Use Permit to allow the construction of a 30' x 60' (1,800 square feet) prefabricated metal storage building on a slab. Miscellaneous equipment, such as chairs, tables, coolers, and material from a yearly carnival, will be stored within this facility. No flammable or hazardous material shall be stored in the storage building. The exterior of the metal storage facility shall consist of simulated rust red brick panels to mimic the color and materials of the surrounding structures. The storage shed is located within the rear parking lot of the church, just east of the existing meeting hall. The applicant has agreed to install, at minimum, a three-foot wide foundation landscape area on the east, west, and south sides of the proposed storage building. This foundation landscape area will consist of at least one (1) shrub per four (4) linear feet of building foundation length. CATHOLIC DIOCESE OF RICHMOND Agenda Item 17 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Church and school facility SURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: . Retail establishments / B-2 Community Business District South: . Marian Manor Retirement Community / 0-2 Office District • Office and Industrial uses / 1-1 Light Industrial District East: . Clearfield Avenue • Automotive sales and repair / B-2 Community Business District • Single-family home / R-7.5 Residential District West: . Single-family homes / R-7.5 Residential District • Retail establishment / B-2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. AICUZ: The site is in an AICUZ of Less than 65 d6 Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in front of this application is considered an eight -lane divided major urban arterial. The Virginia Department of Transportation (VDOT) has a project in the vicinity of this development. The 1-264 Witchduck Road project is for the construction of collector -distributor roads from westbound 1-64 to eastbound 1.264 and roadway improvement at Newtown Road and Witchduck Road interchanges. As part of the Witchduck Road interchange improvement, a flyover is proposed over 1-264 from Greenwich Road to Cleveland Street. At this point, the flyover does not appear to affect this application; however, the alignment has not been finalized. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 43,292 ADT 56,240 ADT No Changes Expected Average Daily Trips WATER: This site currently connects to City water. The existing 2 -inch water meter (City ID #95038863) and the fire meter (City ID #95035736) may be used or upgraded to accommodate the proposed development. There is a 20 -inch City water main on Virginia Beach Boulevard. There is an existing 16 -inch City water main CATHOLIC DIOCESE OF RICHMOND Agenda Item 17 Page 2 on Virginia Beach Boulevard. There is an existing 8 -inch water main on Clearfield Avenue. There is an existing 30 -inch raw water line crossing through the southwestern portion of the property. SEWER: This site currently connects to City sanitary sewer. Analysis of Pump Station #356 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an existing10-inch City gravity sanitary sewer main on Virginia Beach Boulevard. There is an existing 16 -inch City force main on Virginia Beach Boulevard. There is a 10 -inch City gravity sanitary sewer main on Clearfield Avenue. There is an existing 8 -inch City force main on Clearfield Avenue. There is an existing 8 -inch City gravity sanitary sewer main crossing through the southern portion of the property within a 20 -inch public utility easement. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this requested modification, as conditioned below. Comprehensive Plan: The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non- residential, in and around these neighborhoods should serve as a guide when considering future development. The Comprehensive Plan land use policies are supportive of development proposals that fulfill a legitimate public need for compatible neighborhood support uses and activities. This ancillary storage use to accommodate the storage needs of the existing church and church -school facilities does not depart from the development quality already established on this site. Evaluation: The use of similar building materials and colors to match the existing buildings on the site, the size and placement of the proposed storage structure, and the careful design consideration to maintain the existing character and quality at this site ensure compatibility with surrounding structures and consistency with the Comprehensive Plan policies adopted for this area. Foundation landscaping will soften the appearance of the proposed structure from the adjacent parcel to the south. Thus, approval of the request is recommended with the conditions below. CONDITIONS 1. The storage facility shall be located on the site in substantial accordance with the submitted marked - up "Topographic Survey of a Portion of Parcel A-1" prepared by the Spectra Group, Inc. and dated 05/18/07. A copy of this plan has been exhibited to the City Council and is on file in the Planning Department. CATHOLIC DIOCESE OF RICHMOND Agenda Item 17 Page 3 2. The storage facility shall mimic the exterior building materials, with respect to color and material, of the existing church, and shall be substantially in conformance with the submitted elevations. A copy of the submitted elevations has been exhibited to the City Council and is on file in the Planning Department. 3. A minimum three-foot wide foundation landscape area shall be provided on the east, west, and south sides of the storage facility. 4. One (1) shrub per four (4) linear feet of building length must be provided within the foundation landscape area. All foundation landscape area shrubs shall have a minimum height of 18 inches at time of planting. 5. The applicant shall obtain all necessary permits and inspections from the Department of Planning, Permits and Inspections Division. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department fir crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CATHOLIC DIOCESE OF RICHMOND Agenda Item 17 Page 4 PROPOSED SITE,FJ,�r4M. v\SIA-13 CATHOLIC DIOCESE Qf'RICHM"> ND Benda It .. 1-7 y i; R � �- - r ark+ ��; r � � P4 F `�f 6t 5I w uF Ir— "e _� '�. '',:�t_i�_. f_ew �,fir.:>rll�irrwrrrz��x—>• � :• _ .� �- � _ Ja61161•y:311:1111aI]Ik [r1:3CIU hire ZONING HISTORY CATHOLIC DIOCESE OF RICHMOND Agenda Item 17 Page 7 Ma M"pts ale Catholic Diocese of Richmond 0 g 8'Z • O o ft.?s e ,o 0 h a. 0-2 k - 0 d Modification of Conditions # Date Description Action 1 9-24-96 Conditional Use Permit (church expansion) Granted 3-14-95 Conditional Use Permit (church expansion) Granted 2-22-94 Conditional Use Permit (church addition) Granted 8-11-92 Conditional Use Permit (church expansion) Granted 5-14-91 Conditional Use Permit (church expansion) Granted 11-10-86 Conditional Use Permit (church addition) Granted 10-20-86 Conditional Use Permit church addition Granted 2 3-9-04 Conditional Use Permit (automobile sales) Granted 3 2-24-98 Conditional Use Permit (automobile rental) Granted 5-28-91 Conditional Use Permit automobile sales) Granted 4 10-29-02 Conditional Use Permit school Granted 5 5-28-02 Conditional Use Permit (automobile rental) Granted 10-10-00 Conditional Use Permit automobile sales Granted 6 5-23-88 Conditional Use Permit automobile sales and repair) Granted 7 6-9-98 Conditional Use Permit communications tower Granted 8 5-25-93 Conditional Use Permit (parking & storage) Granted 12-6-94 Conditional Use Permit (automobile sales, rental, and repair) Granted 9 10-13-92 Conditional Use Permit automobile sales) Granted 10 2-27-01 Zoning Change A-12 to Conditional B-2 Granted 11 12-6-94 Zoning Change R-7.5 to Conditional B-2 Granted 12 2-22-94 Conditional Use Permit (home for thea ed expansion) Granted 13 8-12-03 Conditional Use Permit private school addition Granted 14 12-3-02 Conditional Use Permit (church) Granted ZONING HISTORY CATHOLIC DIOCESE OF RICHMOND Agenda Item 17 Page 7 17— DISCLOSURE STATEMENT ~♦ cJV:)� O wO V O O w A O APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List ye names of all o cers, m trustees, Hers, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 19 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No -K__ If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 10 of 11 Revised 7/3107 DISCLOSURE STATEMENT CATHOLIC DIOCESE OF RICHMOND Agenda Item 17 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. J f I l 0 '_— �cv9,� �'�� i IAA /a A. /cf/ L CrL 4,'.Z Appli 's Signature U U IPrint Name Property Owner's Signature (if different than applicant) Modifiealion of Conditions Appicabon Page 11 of 11 Revised M12007 Print Name DISCLOSURE STATEMENT CATHOLIC DIOCESE OF RICHMOND -Agenda Item 17 Page 9 Item #17 Catholic Diocese of Richmond Modification of Conditions 5345 Virginia Beach Boulevard District 2 Kempsville May 14, 2008 CONSENT Joseph Strange: The next matter is item 17. An application of the Catholic Diocese of Richmond for a Modification of Conditions for a request approved by City Council on September 24, 1996. The property is located at 5345 Virginia Beach Boulevard, District 2, Kempsville, with four conditions. William Burr: My name is William Burr. I'm the Facility Manger at St. Gregory the Great. I'm representing the Pastor. We've reviewed and agree to all of the conditions. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Henry Livas to review this item. Henry Livas: The Conditional Use Permit allowing a church expansion was approved by the City Council on September 24, 1996. The applicant desires to modify the Use Permit to allow the construction of a 30' x 60' pre -fabricated metal storage building on a slab. No flammable hazardous material shall be stored in the storage building. The use of similar building materials and colors to match the existing buildings on the site, the size and placement of the proposed storage structure and careful design considerations to maintain the existing character and quality at this site ensure compatibility with the surrounding structures. Therefore, we recommend approval of this request to modify the 1996 Use Permit. Joseph Strange: Thank you Henry. Chairman, I have a motion to approve agenda item 18. Janice Anderson: 'Thank you. I have a motion by Joe Strange and a second by Barry Knight. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE ABSENT HENLEY AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND AYE Item # 17 Catholic Diocese of Richmond Page 2 RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 9-0, the Board has approved item 18 for consent. - 50 - Item III-K.l.e. PUBLIC HEARING ITEM N 35611 PLANNING BY CONSENT Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of M. R. d MARY R. WELCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF M. R. 8 MARY R. WELCH FOR A CONDITIONAL USE PERMIT FOR A CONTRACTOR'S STORAGE YARD R05921426 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of M. R. d Mary R. Welch for a conditional use permit for a contractor's equipment storage yard on certain property located on the north side of Industry Lane, 270 feet east of Central Drive. Said parcel contains 1.8 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Category VI screening shall be provided along the entire perimeter of the site. 2. Stormwater management facilities must be provided to control runoff in accordance with the provisions of the Stormwater Management Ordinance. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective In accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of May, Nineteen Hundred and Ninety -Two. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. May 12, 1992 STATEMENT OF CONSENT APPLICANT: M. R. and MARY R. WELCH APPLICATION: Conditional Use Permit - Industry Lane/Central Drive (Princess Anne Borough) DESCRIPTION: Contractor's equipment storage yard CITY COUNCIL SESSION: May 12, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY TkE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: I. Category Vi screening shall be provided along the entire perimeter of the site. 2. Stornwater management facilities must be provided to control runoff in accordance with the provisions of the Stormwater Management Ordinance. Owner ey: YLk A 4-A Attorney Agent Date: -29— PUBLIC HEARING ITEM # 36133 PLANNING BY CONSENT Upon motion by Nce Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED an Ordinance upon application of McAENZIE CONSTRUCTION CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF McKENZIE CONSTRUCTION CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE R01092179 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of McKenzie Construction Corp., for a Conditional Use Permit for an automotive repair garage on the north side of Industry Lane, east of Central Drive. Said parcel is located on Lot 41, London Bridge Industrial Park II, and contains 1.82 acres. LYNNHAVEN BOROUGH. The following condition shall be required: 1. If the subject site does not incorporate with the adjoining parcel to the west, Category VI Landscaping will be required along the western property line. 2. If the subject site is not utilized as a contractor's storage yard, the applicant may request a variance to the Category VI landscaping requirement. 3. Rormwater management facilities must be provided to control runoff in accordance with the provisions for the Stormwater Management Ordinance. Such facilities were not shown on the submitted site plan and stormwater management must be addressed at detailed site plan review. 4. No outside repairs or outside storage of new or used automotive parts will be allowed S. Only those inoperative vehicles awaiting parts may be stored on the subject site. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth Qf October, Nineteen Hundred and Ninety—Aw October 13, 1992 -30 - PUBLIC HEARING ITEM # 36133 (Continued) PLANNING BY CONSENT Voting: 11-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr; Council Members Voting Nay: None October 13, 1992 STATEMENT OF CONSENT APPLICANT: MCKENZIE CONSTRUCTION CORP. APPLICATION: Conditional Use Permit - Industry Lane/Central Drive London Bridge Industrial Park (Lynnhaven Borough) DESCRIPTION: Automobile repair garage CITY COUNCIL SESSION: October 13, 1992 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BYTHEVIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. It the subject site does not incorporate with the adjoining parcel to the West, Category VI landscaping will be required along the Western property line. 2. If the subject site is not utilized as a contractor's storage yard, the applicant may request a variance to the Category VI landscaping requirement. 3. Stonnwater management facilities must be provided to control runoff In accordance with the provisions of the Stormwater Management Ordinance. Such facilities were not shown on the submitted site plan and stormwater management must be addressed at detailed site plan review. 4. No outside repairs or outside storage of new or used automotive parts will be allowed. 5. Only those inoperative vehicles awaiting parts may be stored on the subject site. Owner 00 By: Attorney/Agent �9 Date: -45 - Item V-M.S. PUBLIC REARING ITEM # 41384 PLANNING Billy Garrington, 471 Southside Road, Phone: 428-4245, represented the applicant Upon notion by Council Lady McClanan, seconded by Councilman Branch City Council ADOPTED the Ordinance upon application of M. R. WELCH for a Conditional Qse Permit: ORDINANCE UPON APPLICATION OF M. R WELCH FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE AND BULK STORAGE YARD R010962072 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGMU BEACH, VIRGINIA Ordinaaee upon application of M. R Welch for a Conditional Use Permit for an automobik repair garage and bulk storage yard at the northeast corner ,*Central Drive and Industry Lane. Said parcel is located at 588 Central Drive and contains 2.38 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. 7lhe bulk storage yard and auto repair garage shall be enclosed by the minimum of a six-foot (6) fence and Category VI landscaping as required by the City Zoning Ordinance - Category V7 landscaping is not required around the office portion of the existing building. A variance to this landscape buffer may be requested before the Board of Zoning Appeals where the site abuts a similar use. 2. All outside lighting shall be directed onto the site. 3. All repair work must be performed within the budding. 4. Automotive parts and inoperable vehicks shall not be stored outride the structure. 5. Should an additional sign be erected, it shall be a smal4 moiurment-style sign with landscaping in compliance with the Ci()+ sign ordinance. 71nis Ordinance shall be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the Council e f the City of Virginia Beach, Virginia, on the 7lveo-ninth Qf October. Nineteen Hundred and Nmc*-Sin; October 29, 1996 -46 - Ram V -M.3. PUBLIC HEARING ITEM 1141384 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A Bantu, Linwood O. Branch, Ql, William W. Harrison, Jr., Harold Heisehober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera R Oberndorf, Nancy K Parker, Vice Mayor Wiliam D. Sessoms, Jr. and Lorisa M. Rrayhorn Council Members Voting Nay: None Council Members Absent: Norse October 29, 1996 CI Lou, LLC Map 1-4 Ma Nal to Scale Ulm, y. �// j � r _ •f 00 l t'1 .1 t Modification of Conditions Relevant Ilnformation: • Beach District • The applicant requests a Conditional Use Permit to allow use of the site for motor vehicle repair and bulk storage. • The applicant desires temporary holding of up to 50 damaged vehicles within parking spaces located within the storage yard. Vehicles are stored while the vehicles are undergoing damage evaluation and insurance processing for local insurance companies. • The applicant will pave, curb, and gutter the automotive repair area and !install a six-foot solid fence with Category VI landscaping around the perimeter of the bulk storage yard and automotive repair garage. Evaluation and Recommendation: • Planning Staff recommended approval • Planning Commission recommends approval (9-0) • There was no opposition. 5�ut * si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CILOU, L.L.C. for a Modification of Conditions for requests approved by City Council on May 12, 1992 (M. R. & Mary R. Welch), October 13, 1992 (McKenzie Construction Corp.), and October 29, 1996 (M. R. Welch). Property is located at 588 Central Drive (GPINs 1496767822; -4804). DISTRICT 6 — BEACH. MEETING DATE: June 24, 2008 ■ Background: There are three Conditional Use Permits currently governing this site: 1. A Conditional Use Permit to allow a contractor's storage yard on the easternmost parcel (GPIN: 1496-76-7822-0000) was approved May 12, 1992 with two conditions. 2. A Conditional Use Permit to allow an automotive repair garage on the same parcel (GPIN: 1496-76-7822-0000) was approved October 13, 1992, with the understanding that the existing two conditions attached to the Use Permit for the contractor's storage yard and the five new conditions regulating the automotive repair garage would govern the site. The contractor's storage yard and automotive repair garage occupy the same parcel. 3. The westernmost parcel (GPIN: 1496-76-4804-0000) has a separate Conditional Use Permit allowing a bulk storage yard and an automotive repair garage, approved by City Council on October 29, 1996. Condition 4 of the 1996 Conditional Use Permit does not allow automotive parts and inoperable vehicles to be stored outside of the structure on the site. Condition 5 of the 1992 automotive repair garage Conditional Use Permit allows only those inoperative vehicles awaiting parts to be stored on the subject site. The applicant is requesting removal of Condition 4 of the 1996 Conditional Use Permit and Condition 5 of the 1992 automotive repair garage Use Permit. The applicant desires temporary holding of up to 50 damaged vehicles within parking spaces located within the storage yard. No one vehicle will be stored for more than 30 days. This use would help serve customers that need a temporary location to hold vehicles while the vehicles are undergoing damage evaluation and insurance processing for local insurance companies. Cilou, L.L.C. Page 2 of 4 ■ Considerations: In an effort to reduce confusion regarding conditions governing this site, staff recommends that all previous conditions be eliminated and a set of new conditions that govern the entire site be established. The modified Conditional Use Permit will include a bulk storage yard and automotive repair garage. These new conditions will be based on previously approved conditions for this site with the exce11ption of allowing storage of damage vehicles within the storage yards on both sites and the addition of extra screening buffering the modified use. The applicant has agreed to install six (6) inches of aggregate within the bulk storage yard to help filter stormwater runoff prior to entering retention ponds. The perimeter of the bulk storage yard will be delineated with curb stops, landscape timbers, or similar device to help contain the six (6) inches of aggregate on-site. The applicant will pave, curb, and gutter the automotive repair area and install a six-foot solid fence with Category VI landscaping around the perimeter of the bulk storage yard and automotive repair garage. All curb -cuts accessing the site shall be paved to minimize dirt and gravel from leaving the site into the public right-of-way. This site is totally surrounded by industrial uses and has been used for a bulk storage yard for over ten (10) years. The site is also located within a greater than 75dB Ldn noise zone and an Accident Potential Zone 2 which limits uses on this site. The request to temporarily store inoperable vehicles on-site represents a slight modification to the existing use of the site. This modified use is in conformance with the Comprehensive Plan and is compatible with the adjacent industrial area and Air Installation Compatible Use Zone (AICUZ) regulations. The addition of a 6 -foot solid wood fence enclosing the bulk storage yard, as well as the submittal of a landscape plan, will ensure the property is sufficiently screened. Ensuring that at least 6 -inches of aggregate is on-site will help filter stormwater runoff. As such, staff recommends approval with the conditions listed below. The Planning Commission placed this item on the consent agenda because this request will combine previously approved use permits and clarify conditions for the site, the proposal will result in significant improvements to the site, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-2 to approve this request with the following conditions: 1. All conditions attached to the Conditional Use Permit granted by the City Council on May 12, 1992; October 13,1992; and October 29, 1996 shall be deleted and replaced with the following: Cilou, L.L.C. Page 3of4 a. The site shall be paved and striped in substantial conformance with the submitted marked -up "Physical survey of Lot 24, London Bridge Industrial Park II, Phase One and Lot 41, London Bridge Industrial Park II Phase Two for Ocean Properties, LLC." prepared by John E. Sirine and Associates, LTD., and dated September 19, 2007. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. b. Stormwater management facilities must be provided to control runoff in accordance with the provisions of the Stormwater Management Ordinance. c. No outside storage or repairs of new or used automotive parts will be allowed. d. All repair work must be performed within the building. e. No more than 50 inoperative vehicles awaiting parts or undergoing damage evaluation for insurance processing may be stored on the subject site at any given time. No inoperative vehicle may be stored on-site for more than 30 days. f. The bulk storage yard and auto repair garage shall be enclosed by a minimum of a six-foot solid wood fence and Category VI landscaping. Category VI landscaping is not required around the office portion of the existing buildings. g. The bulk storage yard may consist of at least six -inches of aggregate and shall be delineated with base -boards, curb stops, or some other City -approved material to contain the aggregate on-site during the first five (5) years after the date of the City Council approval of this 2008 Conditional Use Permit application. The entire site must be paved, curbed, and guttered in accordance to City code after the first five (5) years after the date of City Council approval of this 2008 Conditional Use Permit application. h. All curb -cuts accessing the site shall be paved. i. The automotive repair garage parking area shall be paved, curbed, and guttered. j. The applicant shall submit a photometric lighting plan during detailed site plan review. All outside lighting shall be directed onto the site. k. Should any additional sign be erected, it shall be a small, monument - style sign with landscaping in compliance with the provisions of the Cilou, L.L.C. Page 4of4 City Zoning Ordinance pertaining to signs. I. A landscape plan shall be submitted to the Department of Planning / Development Services Center in accordance with Section 5A of the Site Plan Ordinance and the landscape provisions listed above. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location IVlap Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager C S �— CILOU, LLC Agenda Item 20 May 14, 2008 Public Hearing Staff Planner: Leslie Bonilla REQUEST: Conditional Use Permit for a bulk storage yard and automotive repair garage. ADDRESS / DESCRIPTION: 588 Central Drive i�inn 1 Modification of Conditions GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: 14967678220000; and 6 — BEACH 3.6 acres 14967648040000 APPLICATION HISTORY: The request was deferred at the March 12, 2008 Planning Commission meeting to allow the applicant additional time to work with staff to modify submitted plans. The applicant has modified his original plan to include the following: • The bulk storage yard shall consist of, at minimum, six (6) inches of aggregate. • The perimeter of the bulk storage yard shall be delineated with base -board barriers or other City -approved material to contain the six (6) inches of aggregate on-site. • All curb -cuts accessing the site shall be paved. • The applicant will pave, curb, and gutter the automotive repair area. • The applicant has agreed to install a six-foot solid fence with Category VI landscaping around the perimeter of the bulk storage yard and automotive repair garage. • Staff has eliminated the requirement to consolidate the lots into one (1) lot. There are three Conditional Use Permits currently governing SUMMARY OF REQUEST the sites. 1. A Conditional Use Permit to allow a contractor's storage yard on the easternmost parcel (GPIN: 1496-76-7822-0000) was approved May 12, 1992 with two conditions. CILOU, LLC Agenda Item 20 Page 1 2. A Conditional Use Permit to allow an automotive repair garage on the same parcel (GPIN: 1496- 76-7822-0000) was approved October 13, 1992, with the understanding that the existing two conditions attached to the Use Permit for the contractor's storage yard and the five new conditions regulating the automotive repair garage would govern the site. The contractor's storage yard and automotive repair garage occupy the same parcel. 3. The westernmost parcel (GPIN: 1496-76-4804-0000) has a separate Conditional Use Permit allowing a bulk storage yard and an automotive repair garage, approved by City Council on October 29, 1996. Condition 4 of the 1996 Conditional Use Permit does not allow automotive parts and inoperable vehicles to be stored outside of the structure on the site. Condition 5 of the 1992 automotive repair garage Conditional Use Permit allows only those inoperative vehicles awaiting parts to be stored on the subject site. The applicant is requesting removal of Condition 4 of the 1996 Conditional Use Permit and Condition 5 of the 1992 automotive repair garage Use Permit. The applicant desires temporary holding of up to 50 damaged vehicles within parking spaces located within the storage yard. No one vehicle will be stored for more than 30 (Jays. This use would help serve customers that need a temporary location to hold vehicles while the vehicles are undergoing damage evaluation and insurance processing for local insurance companies. The applicant had agreed to install six (6) inches of aggregate within the bulk storage yard to help filter stormwater runoff prior to entering retention ponds. The perimeter of the bulk storage yard will be delineated with base -board barriers to help contain the six (6) inches of aggregate on-site. The applicant will pave, curb, and gutter the automotive repair area and install a six-foot solid fence with Category VI landscaping around the perimeter of the bulk storage yard and automotive repair garage. All curb -cuts accessing the site shall be paved to minimize dirt and gravel from leaving the site into the public right-of- way. The Conditional Use Permit allowing the contractor's storage yard on the easternmost lot (GPIN: 1496- 76-7822-0000) approved by the City Council on May 12, 1992 has the following two (2) conditions: 1. Category VI screening shall be provided along the entire perimeter of the site. 2. Stormwater management facilities must be provided to control runoff in accordance with the provisions of the Stormwater Management Ordinance. The Conditional Use Permit allowing an automotive repair garage on the easternmost lot (GPIN: 1496-76- 7822-0000), approved by City Council on October 13, 1992, with the understanding that the previous contractor's storage yard conditions also govern the site, has the following five (5) additional conditions regarding the automotive repair garage: 1. If the :subject site does not incorporate with the adjoining parcel to the west, Category VI landscaping will be required along the western property line. 2. If the :subject site is not utilized as a contractor's storage yard, the applicant may request a variance to the Category VI landscaping requirement. 3. Stormwater management facilities must be provided to control runoff in accordance with the provisions for the Stormwater Management Ordinance. Such facilities were not shown on the submitted site plan and stormwater management must be addressed at detailed site plan review. 4. No outside storage repairs or outside storage of new or used automotive parts will be allowed. 5. Only those inoperative vehicles awaiting parts may be stored on the subject site. CILOU, LLC Agenda Item 20 Page 2 The Conditional Use Permit allowing the automotive repair garage and a bulk storage yard on the easternmost lot (GPIN 1496-76-4804-0000) approved by City Council on October 29, 1996 has the following five (5) conditions: 1. The bulk storage yard and auto repair garage shall be enclosed by a minimum of a six-foot fence and Category VI landscaping as required by the City Zoning Ordinance. Category VI landscaping is not required around the office portion of the existing building. A variance to this landscape buffer may be requested before the Board of Zoning Appeals where the site abuts a similar use. 2. All outside lighting shall be directed onto the site. 3. All repair work must be performed within the building. 4. Automotive parts and inoperable vehicles shall not be stored outside of the structure. 5. Should an additional sign be erected, it shall be a small, monument -style sign with landscaping in compliance with the City sign ordinance. In an effort to reduce confusion regarding conditions governing this site, staff recommends that all previous conditions be eliminated and a set of new conditions that govern the entire site be established. The modified Conditional Use Permit will include a bulk storage yard and automotive repair garage. These new conditions will be based on previously approved conditions for this site with the exception of allowing storage of damage vehicles within the storage yards on both sites and the addition of extra screening buffering the modified use. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Automotive repair and bulk storage yard SURROUNDING LAND North: . Industrial uses / 1-1 Light Industrial District USE AND ZONING: South: . Industry Lane East: . Industrial uses / 1-1 Light Industrial District West: . Industrial uses / 1-1 Light Industrial District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. AICUZ: The site is in an AICUZ of Greater than 75 dB Ldn and within Accident Potential Zone 2 surrounding NAS Oceana and is subject to an easement owned by the United States Navy. The Navy has no objection to this request, as the use is compatible with compatible with this AICUZ. A bulk storage yard is also allowed under the terms and conditions of the Grant of Easement. CILOU, LLC Agenda Item 20 Page 3 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Central Drive is a 2 -lane collector. There are no roadway improvement projects programmed for Central Drive. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Central Drive 4,100 ADT 6,200 ADT Existing Land Use — 274 ADT Proposed Land Use — No change 'Average Daily Trips s as defined by 3.6 acres of 1-1 zoned property WATER: This site has an existing water meter which may continue to be used or upgraded. There is a 10 - inch City water line in Industry Lane. There is a 12 -inch water line in Central Drive. SEWER: This site is connected to City sanitary sewer. The applicant shall submit an analysis of Pump Station 524 and the sanitary sewer collection system to ensure future flows can be accommodated. There is a 10 -inch City gravity sanitary sewer main in Industry Lane. There is a 10 -inch City gravity sanitary sewer main and a 10 -inch City force main in Central Drive. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this requested modification, as conditioned below. Comprehensive Plan: The Comprehensive Plan Map designates this area of the city as the Strategic Growth Area 9 — West Oceana Area. The West Oceana Area is generally bound by London Bridge Road, Lynnhaven Creek and South Lynnhaven Road. The Comprehensive Plan identifies the property located in the southern and eastern part of this Strategic Growth Area as suitable for low -intensity industrial uses that conform to AICUZ provisions. Evaluation: This site is totally surrounded by industrial uses and has been used for a bulk storage yard for over ten (10) years. Thea site is also located within a greater than 75dB Ldn noise zone and an Accident Potential Zone 2 which limits uses on this site. The request to temporarily store inoperable vehicles on-site represents a slight modification to the existing use of the site. This modified use is in conformance with the Comprehensive Plan and is compatible with the adjacent industrial area and Air Installation CILOU, LLC Agenda Item 20 Page 4 Compatible Use Zone (AICUZ) regulations. Staff finds the addition of a 6 -foot solid wood fence enclosing the bulk storage yard, as well as the submittal of a landscape plan, will ensure the property is sufficiently screened. Ensuring that at least 6 -inches of aggregate is on-site will help filter stormwater runoff. As such, staff recommends approval with the conditions listed below. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on May 12, 1992; October 13, 1992; and October 29, 1996 shall be deleted and replaced with the following: a. The site shall be paved and striped in substantial conformance with the submitted marked -up "Physical survey of Lot 24, London Bridge Industrial Park II, Phase One and Lot 41, London Bridge Industrial Park II Phase Two for Ocean Properties, LLC." prepared by John E. Sirine and Associates, LTD., and dated September 19, 2007. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. b. Stormwater management facilities must be provided to control runoff in accordance with the provisions of the Stormwater Management Ordinance. c. No outside storage or repairs of new or used automotive parts will be allowed. d. _ All repair work must be performed within the building. e. No more than 50 inoperative vehicles awaiting parts or undergoing damage evaluation for insurance processing may be stored on the subject site at any given time. No inoperative vehicle may be stored on-site for more than 30 days. f. The bulk storage yard and auto repair garage shall be enclosed by a minimum of a six-foot solid wood fence and Category VI landscaping. Category VI landscaping is not required around the office portion of the existing buildings. The bulk storage yard shall may consist of at least six -inches of aggregate and shall be delineated with base -boards, curb stops, or some other City -approved material to contain the aggregate on-site during the first five (5) years after the date of the City Council approval of this 2008 Conditional Use Permit application. The entire site must be paved, curbed, and guttered in accordance to City code after the first five (5) years after the date of City Council awroval of this 2008 Conditional Use Permit application. h. All curb -cuts accessing the site shall be paved. i. The automotive repair garage parking area shall be paved, curbed, and guttered. j. The applicant shall submit a photometric lighting plan during detailed site plan review. All outside lighting shall be directed onto the site. CILOU, LLC Agenda Item 20 Page 5 k. Should any additional sign be erected, it shall be a small, monument -style sign with landscaping in compliance with the provisions of the City Zoning Ordinance pertaining to signs. I. A landscape plan shall be submitted to the Department of Planning / Development Services Center in accordance with Section 5A of the Site Plan Ordinance and the landscape provisions listed above. 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. CILOU, LLC Agenda Item 20 Page 6 t PROPOSED SITE LAYOUT CILOU, LLC Agenda Item 20 Page 7 # Date Description Action 1 10-29-96 5-11-87 Conditional Use Permit (automotive repair & bulk storage) Conditional Use Permit bulk storage and Granted Granted 2 10-13-92 5-12-92 Conditional Use Permit (automotive repair garage) Conditional Use Permit contractor's equipment stora a Granted Granted 3 8-12-03 2-24-98 Conditional Use Permit (bulk storage yard) Conditional Use Permit contractors storage and Granted Granted 4 3-28-95 Conditional Use Permit auto repair facility) Granted ZONING HISTORY CILOU, LLC Agenda Item 20 Page 8 O V w 11 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following.- 1. ollowing:1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) ac.. iL;, CLC - Zt,�Liilfi;e t L 4e cf,Y .•�, 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) /ktit.C_ ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) liv�4 I/- 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) /N_ ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or emptbyee of the City of Virginia Beach have an interest in the subject land? Yes �J No If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 10 of 11 Revised 713/07 CILOU, LLC Agenda Item 20 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.e:-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to phptograph and view the site for purposes of processing and evaluating this application. Signature (if different than applicant) Modification of Conditions Application Page 11 of i t Revised 7/3/2001 V', V 14) Print Name Print Name CILOU, LLC Agenda Item 20 Page 10 Item #20 Cilou, L.L.C. Modification of Conditions 588 Central Drive District 6 Beach May 14, 2008 CONSENT Joseph Strange: The next item is item 20, an application of Cilou, L.L.C. for a Modification of Conditions for a request approved by City Council on May 12, 1992, October 13, 1993, and October 29, 1996. The property is located at 588 Central Drive, District 6, Beach, with one condition. Ross Vierra: Thank you Madame Chairwoman and members of the Planning Commission. My name is Ross Vierra representing Cilou, L.L.C. in this modification of use. I just want to thank all the members of Planning, especially Leslie Bonilla for all of her hard work and assistance. We do agree to all the conditions and appreciate being on the agenda. Janice Anderson: Thank you. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Jay Bernas to review this item. Jay Bernas: Thank you. The applicant wishes to modify their original plan from their original Use Permit and as part of this, there were two different Conditional Use Permits on each of the lots. One of the things that we would like to do with this application was kind of clean it up and combine the set of conditions. One of the modifications they requested was a slight modification, which allowed the temporary storage of damaged vehicles on the site. Originally we had required paving, which is why we had deferred this from the previous Commission meeting but we've allowed them to temporary use aggregate for a period of five years. After which point, we will look for that to be paved. The only area that would be paved right now would be the auto repair area. In addition there will be a six foot solid wood fence to screen the site. Based on those conditions and a few others, the Commission felt that this should be placed on the consent agenda for approval. Joseph Strange: Thank you Jay. Chairman, I have a motion to approve agenda item 20. Janice Anderson: Thank you. I have a motion by Joe Strange and a second by Barry Knight. AYE 9 NAY 0 ABS 0 ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE ABSENT Item #20 Cilou, L.L.C. Page 2 HENLEY AYE HORSLEY AYE KATSIAS KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 20 for consent. Janice Anderson: Thank you all for coming on the consent agenda. I appreciate you all being with us today. u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend Section 212 of the City Zoning Ordinance and to add a new Section 212.2, pertaining to permitted signs on motor vehicles. MEETING DATE: June 24, 2008 ■ Background: Advances in technology combined with continuing innovation in the fields of advertising and marketing results in a constant flow of new methods of attracting and conveying information to the public. Among these methods is the mounting of signs on motor vehicles intended primarily for the purpose of advertising. The City Zoning Ordinance currently lacks regulations specific to such signs. The attached proposed amendments to the City Zoning Ordinance will provide such specificity. ■ Considerations: The amendments are summarized below: • Section 212(h) of the City Zoning Ordinance, which is largely the extent of the regulation for these types of signs, is deleted by the amendment, as the regulatory provisions of 212(h) are replaced by the new Section 212.2. Section 212.2(a) allows signs on motor vehicles that are operated or parked on a public street, or visible from a public street, so long as: (1) the motor vehicle is primarily used for purposes other than the display of advertising; and (2) signs other than those identifying or advertising the business of the owner of the motor vehicle shall be limited to two (2) signs, no greater than six (6) square feet in area per sign. An exemption from subdivision (2) is made for buses, trolleys and other motor vehicles used primarily for public transportation. • Subsection 212.2(b) prohibits vehicle signs that flash, pulsate, rotate, etc., or that project more than one foot above the part of the vehicle on which they are mounted. It also prohibits electronically changeable signs of various types. • Subsection 212.2(c) lists the factors that determine whether a motor vehicle is used primarily for advertising or non -advertising purposes. They CITY OF VIRGINIA BEACH — CZO AMENDMENT SIGNS ON MOTOR VEHICLES Page 2 of 2 include: o the relative amount of revenue derived from use of the motor vehicle for advertising and non -advertising purposes; o the relative distance driven and time during which the motor vehicle is used exclusively for advertising or non -advertising purposes; o the routing of the motor vehicle while used for non -advertising purposes; o the type of business the owner of the motor vehicle holds itself out as conducting; and 0 other factors the owner of the motor vehicle can demonstrate are relevant to the determination of the primary use of the vehicle. ■ Subsection 212.2(d) incorporates by reference the terms "motor vehicle" and 'owner" as defined in the Virginia Code. ■ Recomrnendations: The City of Virginia Beach is a national leader in methods of enhancing the city aesthetics and maintaining the high quality of the visual environment of the city. The City's leadership role primarily stems from one of the primary community values — the desire for a visual environment that is harmonious and free of unwarranted distractions. Through the greater specificity of the regulations proposed by these amendments, that desire is maintained into the future. The Planning Commission, by a vote of 6-3, recommends approval of the ordinance amendment to City Council. ■ Attachments: Staff Review Planning Commission Minutes Ordinance Recommended .Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: .�`�� CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE (SIGNS ON MOTOR VEHICLES) Agenda Item 13 May 14, 2008 Public Hearing REQUEST: An Ordinance to amend Section 212 of the City Zoning Ordinance and to add a new Section 212.2, pertaining to permitted signs on motor vehicles. SUMMARY OF AMENDMENT Advances in technology combined with continuing innovation in the fields of advertising and marketing results in a constant flow of new methods of attracting and conveying information to the public. Among these methods is the mounting of signs on motor vehicles intended primarily for the purpose of advertising. The City Zoning Ordinance currently lacks regulations specific to such signs. The attached proposed amendments to the City Zoning Ordinance will provide such specificity. The amendments are summarized below: 1. Section 212(h) of the City Zoning Ordinance, which is largely the extent of the regulation for these types of signs, is deleted by the amendment, as the regulatory provisions of 212(h) are replaced by the new Section 212.2. 2. Section 212.2(a) allows signs on motor vehicles that are operated or parked on a public street, or visible from a public street, so long as: (1) the motor vehicle is primarily used for purposes other than the display of advertising; and (2) signs other than those identifying or advertising the business of the owner of the motor vehicle shall be limited to two (2) signs, no greater than six (6) square feet in area per sign. An exemption from subdivision (2) is made for buses, trolleys and other motor vehicles used primarily for public transportation. 3. Subsection 212.2(b) prohibits vehicle signs that flash, pulsate, rotate, etc., or that project more than one foot above the part of the vehicle on which they are mounted. It also prohibits electronically changeable signs of various types. 4. Subsection 212.2(c) lists the factors that determine whether a motor vehicle is used primarily for advertising or non -advertising purposes. They include: a. the relative amount of revenue derived from use of the motor vehicle for advertising and non -advertising purposes; b. the relative distance driven and time during which the motor vehicle is used exclusively for advertising or non -advertising purposes; c. the routing of the motor vehicle while used for non -advertising purposes; d. the type of business the owner of the motor vehicle holds itself out as conducting; and e. other factors the owner of the motor vehicle can demonstrate are relevant to the determination of the primary use of the vehicle. CITY OF VIRGINIA BEACH — VEHICLE SIGNS Agenda Item 13 Page 1 5. Subsection 212.2(d) incorporates by reference the terms "motor vehicle" and "owner" as defined in the Virginia Code. RECOMMENDATION The City of Virginia Beach is a national leader in methods of enhancing the city aesthetics and maintaining the high quality of the visual environment of the city. The City's leadership role primarily stems from one of the primary community values — the desire for a visual environment that is harmonious and free of unwarranted distractions. Through the greater specificity of the regulations proposed by these amendments, that desire is maintained into the future. Staff, therefore, recommends approval of the amendments. CITY OF VIRGINIA BEACH —VEHICLE SIGNS Agenda item 13 Page 2 AN ORDINANCE TO AMEND SECTION 212 OF THE CITY ZONING ORDINANCE AND ADD A NEW SECTION 212.2, PERTAINING TO PERMITTED SIGNS ON MOTOR VEHICLES Section Amended: City Zoning Ordinance Section 212 Section Added: City Zoning Ordinance Section 212.2 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 212 of the City Zoning Ordinance is hereby amended and reordained, and a new Section 212.2, pertaining to motor vehicle signs, is hereby added, to read as follows: ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS. B. SIGN REGULATIONS Sec. 212. Prohibited signs. The following signs shall be prohibited 'R all distr+sts: adyertis+eg-display. [RESERVED] COMMENT The provision is repealed, and a new Section 212.2 is added to replace it. Sec. 212.,2. Motor vehicle signs. Lal Signs displayed on motor vehicles operated or parked on a public street or in such location as to be visible from the main traveled way of a public street shah' be permitted provided the following requirements are met: (1) The motor vehicle is primarily used for purposes other than the display of advertising; 2) Signs other than those identifying or advertising the business of the owner of the motor vehicle shall be limited to two (2) signs no greater than six (6) square feet in area per sign; provided however, that the provisions of this subdivision shall not apply to buses trolleys or other motor vehicles used primarily for purposes of providing public transportation. The following types of signs shall be prohibited while the motor vehicle on'Which they are displayed is operated or parked on a public street or in such location as to be visible from the main traveled way of a public street: (1) Flashing pulsating, rotating or blinking signs; (2) Electronic changeable copy signs including signs containing light emitting diodes (LEDs) fiber optics, light bulbs or other illumination devices used to change the advertising displayed by such signs; (3) Signs that change their display in a manner or method characterized by motion or pictorial imagery; (4) Signs that project more than one (1) foot above the portion of the motor vehicle to which they are affixed or that obscure the vision of the driver of the motor vehicle or of other motorists. (c) Where a motor vehicle is used for both advertising and non - advertising purposes the primary use of a motor vehicle shall be determined by the Zoning Administrator on the basis of the following factors: (1) The relative amount of revenue derived from use of the motor vehicle for advertising and non -advertising purposes; (2) The relative distance driven and time durinq which the motor vehicle is used exclusively for advertisinq or non -advertising purposes; (3) The routing of such motor vehicle while used for* non - advertising purposes; (4) The type of business the owner of the motor vehicle holds itself out as conducting; and (5) Such other factors as the owner of the motor vehicle can demonstrate are relevant to the determination of the primary use of such motor vehicle. (d) For purposes of this section: (1) "Motor vehicle" shall be defined in accordance with Virginia Code Section 46-2-100 or any successor statute, and shall also include any trailer or other vehicle drawn by or affixed to a motor vehicle; (2) "Owner" shall be defined as set forth in Virginia Code Section 46.2-100 or any successor statute. COMMENT The new Section 212.1 replaces and expands upon the provisions of current section 212(h) of the City Zoning Ordinance. Subsection (a) allows signs on motor vehicles that are operated or parked on a public street, or visible from a public street, so long as: (1) the motor vehicle is primarily used for purposes other than the display of advertising; and (2) signs other than those identifying or advertising the business of the owner of the motor vehicle shall be limited to two (2) signs, no greater than six (6) square feet in area per sign. An exemption from subdivision (2) is made for buses, trolleys and other motor vehicles used primarily for public transportation. Subsection (b) prohibits vehicle signs that flash, pulsate, rotate, etc. or that project more than one foot above the part of the vehicle on which they are mounted. It also prohibits electronically changeable signs of various types. Subsection (c) lists the factors that determine whether a motor vehicle is used primarily i or advertising or non -advertising purposes. They include: (1) the relative amount of revenue derived from use of the motor vehicle for advertising and non - advertising purposes; (2) the relative distance driven and time during which the motor vehicle is used exclusively for advertising or non -advertising purposes; (3) the routing of the motor vehicle while used for non -advertising purposes; (4) the type of business the owner of the motor vehicle holds itself out as conducting; and (5) other factors the owner of the motor vehicle can demonstrate are relevant to the determination of the primary use of the vehicle. Subsection (d) incorporates by reference the terms "motor vehicle" and "owner" as defined in the Virginia Code. Adopted by the City Council of the City of Virginia Beach on the day of _ , 2008. CA -10687 R-6 April 25, 2008 Approved as to Content: Planning Department Approved as to Legal Sufficiency: City Attorney's Office W Item #13 City of Virginia Beach An Ordinance to amend Section 212 of the City Zoning Ordinance And to add a new Section 212.2 pertaining to Motor Vehicle Signs May 14, 2008 REGULAR Donald Horsley: The next item is item 13, the City of Virginia of Beach. This is an ordinance to amend Section 212 of the City Zoning Ordinance and to add a new Section 212.2 pertaining to motor vehicle signs. Ms. Lasley? Karen Lasley: Would you like for me to go through the minutes? Janice Anderson: Yes please. Karen Lasley: Okay. The proposed amendment pertaining to vehicular advertising regulations and concerns generated by signs on vehicles include traffic safety, traffic congestion, aesthetics, air quality, and again, the issue of community values. Virginia Beach has long been a venue of reducing signage. This began back in the 1980s. I added a couple of pictures here just to prove this point. This is Atlantic Avenue before 1987, when the adopted sign regulations prohibited the overhanging signs on Atlantic Avenue. This was a big commitment on the part of Planning Commission and Council. The next picture shows the results of that work and the way it looks today. I'll let that speak for itself. In 1987, Planning Commission and Council again, adopted some regulations that prohibited new billboards. Since those rules were passed, we've had 35 billboards removed from the City. They became non -conforming uses and those non -conforming uses were legally removed. There are 28 billboards left. This is an example of a billboard that used to be at this location at Virginia Beach Boulevard and Witchduck Road on that east corner. If you were on that bus trip we did of Town Center, we went and talked about this a little bit. We went past the site. That billboard is no longer there. It was structurally altered illegally. But it took three years of work to get that billboard down. There were appeals. There were court cases. It takes a lot of legal work and commitment on the part of the City to implement these sign regulations. And then again in 1986, the sign regulations were amended to reduce the size and height of freestanding signs. Since then, over 500 non -conforming large signs, such as the next three slides, just to show pictures of some from Kevin's files of signs that have been removed. So it has been a lot of work and a lot of effort, these are roof top signs, they are no longer allowed, to get where we are today. Back to your vehicular signs though. The regulations today, it shows what they are today. The primary point here is that is our Code prohibits signs on vehicles where the main purpose of the vehicle is advertising. On the left is the City Code and on the right is the Zoning Ordinance. And again, the City doesn't prohibit, right now, or limit signs on vehicles that advertise a business other than the one the vehicle is used for. As long as the primary purpose of that vehicle is not advertising. Let's just go through that. You can skip it. The next picture just shows some trucks that were clearly built just for advertising that are prohibited. The proposed amendments straighten and clarify the City's current regulations in a new section 212.2. In Section "A" of that new Code, it states that signs are allowed on vehicles providing the vehicle is not used primarily for advertising; and second, if signs, other than those advertising the vehicles main purpose, they are limited in size and the number are limited to two signs, not more than six square feet in size. So, on this example, this sign is for the main purpose of the vehicle. The signs on the back are not related to that. They are for a mortgage bank, an insurance company. He's got six back here. That wouldn't be allowed. It would be limited to two such signs six square foot limit. And then, Section "B" prohibits the following types of signs on all vehicles. They can't pulse. They can't flash. They can't rotate or blink. No electronic changeable copy signs. No motion or pictorial imagery, and signs that project more than one foot above the vehicle or obscure vision. Section "C", clarifies how the primary purpose is determined of the vehicle. We'll look a1: revenue. We will look at distance driving. We'll look at the routing for non -advertising purposes. We'll look at the type of business that the owner holds itself as, and what it claims to do in their advertisements, and we'll look at any other relative factors that are pertinent. There is an exemption in these regulations, and that is for public buses and trolleys, and other vehicles used for public transportation, but they must also abide by Section 212.2, which prohibits the flashing and moving signs. And this is a common exemption that's used to, and without it, I don't think we could afford to provide public transportation. So, you will still see the type of signs like this on trolleys, and on buses,. And then I got a series of pictures that just show different types of vehicle signs. This is a new one. A classic I found. I had to put that one in. You can just flash through those. If you want to refer to any of them later, we will have them. Here is a roof sign and the wrapping of vehicles. They are all in there. Bill Macali: By the way, these are not examples of what's allowed. Karen Lasley: No. Bill Macali: The caption is a little bit misleading. It says people can do this. That is different from people who may legally do this. It just shows the kind of things that are done with car signs. Karen Lasley: I really want to get to this section on other localities, because we've updated that. The "primary purpose" task is pretty common throughout Virginia and other states. A few cities prohibit vehicular advertising solely because the signs advertise a business different from one the vehicle is used for, and in Virginia Beach, a lot of large cities have the same type of ordinance that Virginia has. The next slide is a summary of some of our neighboring cities. Basically, and I am not the Zoning Administrator for other cities, but we've looked at their ordinances, and we communicated with their staff via email or phone, and basically Chesapeake, Newport News, and Norfolk have the same regulations that we had. They don't allow vehicle signs where the primary purpose is for advertising. But Portsmouth and Hampton do. They only prohibit it if the vehicle is parked for long distances, and basically used as a stationary billboard. And, then, the next slide and you've seen it before. It looks at some other localities of a similar size to Virginia Beach throughout the nation. Are there any questions for me or clarification? Janice Anderson: Are there any questions for Karen? Thank you. Karen Lasley: Thank you. Donald Horsley: Okay. We have Chip Dicks. Janice Anderson: Welcome again. 17 Chip Dicks: It's becoming a habit. For the record, I'm Chip Dicks, and I represent Admobile, and I appreciate the opportunity to being here with you this afternoon. First of all, let me thank you for the number of times that we've been together, and worked on different things since the January 14 work session. I know that the City Council sent this matter back to you all for purposes of taking a look at it and seeing if we could come up with a compromise. We certainly appreciate the time and effort that staff has put into it, and the time and effort that you all put into it. I hope that we will end the day with something that reflects a compromise, and I would respectfully submit what Karen has just presented does not reflect that compromise. The concern, as you heard from Mr. Villaneuva when he was here at the last work session, was seeking some type of compromise in light of the fact that the City had issued business licenses to Admobile. As part of that process, the Zoning Department reviewed and approved the application as something that was a permitted use in the City of Virginia Beach. As a result of that, what's happened is that Ms. Cayton and her partner have invested thousands of dollars to buy four trucks, to have more than 10 employees, to have an office and to garage those trucks, and to operate in the City of Virginia Beach, and paying Virginia Beach significant taxes during the last couple of years. At the same time because of the legal issues that have arisen, it has been a very expensive process for a small business, and that has been a tough thing. The one thing that I think we all agree upon, and I think from staff's perspective, we would agree that we need to bring a close to this. We appreciate that whatever you do, you take action today and send it on back to City Council, so there is a resolution one way or the other on this whole issue. It is interesting that in Karen's first slide, she talks about community values, and then what we see is that we see a picture of a trolley that has a tattoo parlor advertised. I don't know about you, but I'm not sure that is quite the community values that I'm looking for as somebody who vacations in the City of Virginia Beach. So, I think there are a lot of different ways you look at this. So, we've talked about policy before. We've presented different alternatives. That is not what is before you today. So, what I thought I would do is spend the time allotted, and look through the actual ordinance and talk about what I see in the ordinance. You all are Planning Commissioners. You got expertise in zoning and planning matters. This is a little bit different because you're being asked to regulate motor vehicles, which normally are regulated by the State of Virginia, and so the question it really comes back to, does this ordinance strengthen and clarify. Karen just told you that it does. So, as Planning Commissioners, you look at it objectively. And just pretend you're business people for a minute, and you go out, and you need to comply with this ordinance. What would you do? How would this ordinance actually work in your life? So, I'm going to start on Section 212.2 and in this Section "A', what's permitted, it talks about a sign that a motor vehicle is used primarily for the purpose of advertising. I'll come back to that primary test in a minute, because I think there is a number of concerns and things that I don't understand, and I don't know what to advise our client in that regard. Let's look at A2. It says signs other than those identifying or advertising the business of the owner of the motor vehicle. Okay, so let's take an example. Let's say that I've got Macali Distribution Company. I'll use Bill as an example. Now, my distribution company distributes Pepsi products, and so I have two trucks that operate in the City of Virginia Beach. One truck has Pepsi all over the side of it, and another is wrapped with big Pepsi signs. They exceed six square feet, and the business of the owner of the motor vehicle is not Pepsi. The business of the motor vehicle is Macali Distributing Company, and I might distribute other products besides Pepsi. The question is, is that clear and is that something that again, with all due respect to staff, is that something they are going to have to interpret, and do we know what that means? Does that affect Pepsi trucks? What about beer distributing trucks? What about, if I'm a Salvation Army truck, and let's say that I'm XYC commercial real estate company. What I want to do is I want to sponsor the Salvation Army truck, and put my ads on the sides of the Salvation Army truck. The way I read this language all that would be prohibited as soon as this ordinance is adopted. The other thing that strikes me is that you saw pictures of moving trucks, and Bill made the correct comment. A lot of those pictures of those vehicles that you saw that were wrapped, the moving trucks, they would be prohibited under this ordinance. We went through that exercise a little bit last time when you started asking at the end of the work session would those prohibited? Is this okay? Is this not okay? We were going through the exercise, and Karen and Bill were trying to tell you whether those were prohibited or not under the; existing ordinance provision. Let's look at paragraph B for a minute. Where it talks about the following types of signs are prohibited. And, so what you get down here it is a changeable message sign. Well, what is the rational basis for prohibiting a changeable message sign on a vehicle when the biggest changeable message sign in the City of Virginia Beach is the Pavilion sign? It pulsates. It flashes. It does everything, and it does more often than once every four seconds, so that if it was a billboard anywhere else in Virginia, it would be a violation of Federal and State law. So, that sign pulsates. So, if the concern is traffic safety, it is one of the concerns that Karen mentioned in her slides. If the concern is about aesthetics, then what about the HRT buses? What: about all of these other City vehicles? What about the tattoo parlors being advertised on. City trolleys? So, if the concern is community values and aesthetics, then what is the rational basis for all of that being built in to paragraph B? Let's go to the primary purpose test, which begins in paragraph C over to the next page. One of the first things in the primary purpose test is we are going to start talking about revenue. So, let's play out a scenario. Let's say that I'm the Pepsi distributor. I'm Macali Distributing Company. And, I obviously get a great deal of benefit by riding up and down Virginia Beach Boulevard with my Pepsi trucks, and at the same time I'm making deliveries. This is not a dissimilar business model to what Admobile does. And, so under that circumstance, what's going to happen in the field, and Mr. Hershberger won't be dressed up that day, I don't think. He will be dressed like he usually is. What will happen is he will see this truck ride down Virginia Beach Boulevard, so practically, and you heard from staff last time, and even though Section 3 is still a criminal offense. These are civil offenses under the Zoning Ordinance. And, that is the intent of this ordinance for it to be a civil offense. So, what Mr. Hershberger is going to have to do is that he is going to have to stop that Pepsi truck in the middle of the traffic, and get them off the side of the street. And he is going to have to do that safely. Then the next thing he is going to do is, I guess, Kevin is going to have to say here is my city badge, and I'm here to enforce the Zoning Ordinance to determine whether or not you are primarily engaged in the business of advertisement or not, so show me your driver's license. So, then at that point, I don't know what that feels like to you, but that is a police power exercised in the part of the locality. So the question is when the business owners and the operators of motor vehicle, I mean how is the operator of the driver of Bill Macali's Distribution Company truck going to know whether it's primarily engaged in the business of advertising or not? I mean, the driver often at times is not going to be the owner, and therefore, would not know that inf)rmation in the field. So what happens at that point is that Kevin says, alright here, I'm going to issue you a violation, and now what has to happen is that driver takes the violation back over to Mr. Macali, who is the owner of the distribution a company. What happens at that point is that Mr. Macali says, okay, what is that I'm supposed to submit in terms of financials? So, whatever I submit in terms of financials, what qualifications, if I have Mr. Macali prepare a financial statement through the CPA and submits it to Karen, what qualifications does Karen have to look at the financial statement, and to understand what's advertising revenues and what's not advertising revenues? And, what, is there a subpoena power on the part of Karen's office to be able to subpoena that information? To be able take depositions and bring people in and ask questions? Where are we going with this, and how is this going to be enforced in real life? The next thing is that once Bill submits his financials, they are public information and therefore, subject to FOIA. And, anybody can come in and file for a FOIA request and get that information. Is that where we want to go? And this ordinance doesn't deal with any of that. What happens to that financial information? Now the other thing that is strange is you got United Parcel trucks. You got FEDEX trucks. You got all of these trucks driving around. Many of those trucks are engaged in interstate commerce. I think it is clear, and I think Bill would advise you that you have no authority to regulate motor vehicles in interstate commerce. When you look at the odometer issue, I don't know how many of you keep track of your mileage for IRS purposes like we're supposed to. But what are you expecting the business owners of Virginia Beach to do with respect to keeping track of mileage so that Karen and Kevin can sit there and look, and examine the mileage and attempt to determine how many miles are used for one purpose versus another purpose when those purposes may not be entirely clear. It is my recommendation to you that while this ordnance is well intended, this draft, that it creates more questions than it answers. The goal here was to try to build a compromise, and this puts Admobile out of business. It puts a lot of other business in Virginia at risk for some type of police power intervention where there would need to be some accountability for these various different factors that are going to be used for primary purpose. So, we respectfully request that you not send this ordinance forward in this form, and thank you for your time. Janice Anderson: Thank you Mr. Dicks. Donald Horsley: Jessica O'Connor. Jessica O'Connor: Hello. I'm Jessica O'Connor. I represent the Virginia Beach Beautification Commission and also the Council of Garden Clubs today. I really didn't come with any prepared remarks, because I didn't know that I had to speak. But, I just want to tell you that Virginia Beach has a billboard ordinance. This Admobile is nothing more than a moving billboard. And, we need to enforce the ordinance that we have in addition to what we have today. We try to keep to city clean and neat. We have some billboards that we can't get rid of, but let's not put anymore in please. Thank you. Janice Anderson: Thank you Ms. O'Connor. Donald Horsley: Elaine Cayton. It was my understanding that you just want to answer questions? Is that right or do you want to make a statement? Elaine Cayton: I have remarks. Donald Horsley: Okay. G Elaine Caytcn: Thank you Madame Chair. My name is Elaine Cayton. I'm President of AHR Communications, which often does business as Admobile Hampton Roads. First, I would like to thank each of you on the Commission for your service to the City, and for your efforts to make Virginia Beach such a great place. I would also like to express my appreciation to Mr. Macali, Ms. Lasley, and other members of City staff who has been involved in this difficult issue, and have worked with us over the last two years. The Commission has spent two prior evenings this year in the subcommittee, and staff has spent a signif=icant amount of time on this matter. I want to thank you for them. I am, however, very disappointed in the proposed amendment before you today. As you know, Mary White ,and I founded the company in 2005. The City granted us a business license, and as part of the process, the Zoning Department signed off on our uses as being permitted under the Zoning Ordinance. Mary and I have made a substantial cash investment to start a regional company based here in Virginia Beach. We never thought we violated the Zoning Ordinance. We own five multi-purpose trucks that are registered and taxed to the City. One of the five trucks operates regularly within the city limits. During the two years that we have been in business, our company's economic impact for the City has exceeded a million dollars. We have paid well over $20,000 in taxes and fees directly to the City. The proposed ordinance as written, considering today, will put us out of business. A majority of our products and services involve our trucks. Because a majority of our customers require services throughout the region, we would lose a majority of our business, including business in other cities. If we cannot operate in Virginia Beach, we cannot generate enough revenue. No other city has a problem with Admobile trucks operating in their cities, only Virginia Beach. Our company helps non- profit organiZations with public education, information, and deliveries. We help our corporate customers deliver goods and market their businesses. We are a small women owned business certified as a SWAM by the State. We bring tax revenue, jobs, and economic development to Virginia Beach. We started a business here in good faith and relied on the issuance of our business license by the City. I respectfully request that you do not recommend an approach to City Council that would ban our trucks from operating in the city, and put us out of business. Thank you. Janice Anderson: Thank you Ms. Cayton. Are there any questions of Ms. Cayton? Henry? Henry Livas: I've heard several times about potentially putting you out of business. Does that mean that you can't acquire more business on non -advertising? You could probably adjust and decrease your business by advertising to comply with this primary use requirement. Elaine Cayton: Yes. There are many ways that we would help to grow the business that did not involve advertising on trucks. We have been doing that. We're a young company. The fixed costs associated with operating the trucks are quite high. And, frankly, as you can imagine over the last two years, we've looked at alternatives to this from a business perspective, and we just don't have the financial resources after making the investment and the vehicles to make other significant investments. If we can't operate the trucks in Virginia Beach, we really lose most of our revenue in all of the other cities, as I mentioned. We just don't have the resources to do that. It looks like it didn't answer your question? A Henry Livas: No, you didn't tell me where you can get more business that was not advertising, which would get you into compliance. Elaine Cayton: Well, one of the concerns Mr. Livas is that I'm not totally clear what compliance is under the current ordinance or under the proposed ordinance. I could be delivering 100 percent of the time with the trucks, and I still don't know if that would be complying with the City's guidelines. Janice Anderson: Dave? David Redmond: Ms. Cayton, what percentage of your revenue would derive from advertising? Elaine Cayton: I wish I could give you a nice crisp answer, but that is hard to do because some we have particularly whether they are non-profit and governmental customers, we have a lot of bundled package where include public service messages or advertising, and delivery into one package. It would arbitrarily divide those numbers. The other problem is if you're asking about Virginia Beach versus all of Hampton Roads and the rest of Virginia. You know, if we have a delivery that goes from Virginia Beach to Newport New for instance, for the purposes of this City, how do I allocate those revenues? David Redmond: I didn't ask you that. You pay taxes and I assume you carry financial statements right? Elaine Cayton: Yes. David Redmond: Presumably on those financial statements you would have some indication where your revenues came from wouldn't you? Elaine Cayton: Absolutely. David Redmond: But you don't know how much of that came from advertising? Elaine Cayton: Are you talking about the entire business? Are you talking all of Virginia and not only Virginia Beach, but the entire region? David Redmond: Yes. I'll take any answer. Elaine Cayton: I don't know what that is off the top of my head. I would be happy to provide that kind of information in the past. David Redmond: We got it before us today, and part of what the ordinance says is its test about what is the primary use of the business. And, if you don't know, that is going to make it very difficult. My view is that is probably overwhelming that it is an advertising vehicle, and very probably a little more. If you have some other number that would demonstrate that, I would find that helpful. Elaine Cayton: I don't have financial information with me. When we had this discussion with the City in May or June 2007, we compiled the information and tried to provide an answer to that question, and at that point the number was 57 percent. David Redmond: Fifty-seven percent at that time. The other revenues were derived from deliveries? Elaine Cayton: Deliveries from public service work and other types of marketing services. David Redmond: Okay. Thank you. Janice Anderson: Phil Russo has a question for you. Philip Russo: Ma'am, what is your investment in the vehicle that is being used in Virginia Beach? Elaine Cayton: The vehicle cost originally $82,000 or there abouts. Philip Russo: $82,000. Were there additional costs actually retrofitted for your business? Elaine Cayton: The $82,000 covered the truck as it is today. The other investments included taxes and insurance, operating costs and so forth. Philip Russo: Thank you. Janice Anderson: Are there any other questions? Thank you Ms. Cayton. Donald Horsley: We have one other speaker. Demaris Yearick? Janice Anderson: Welcome. Demaris Yeaiick: Good afternoon. My name is Demaris Yearick. I'm here supporting the ordinance regarding motor vehicle signs. The reason I am is that I'm especially concerned about electronic signs, which I believe are both unsightly and unsafe. Currently, three studies are being conducted due to the concerns of those organizations that these electronic signs are a distraction to drivers and can result in accidents. The organizations are the Federal Highway Administration, The American Association of State Highway and Transportation Officials, and the Transportation Research Board. These are studies regarding stationary electronic billboards. Now, you can just imagine if these billboards are moving as they are with Admobile. I think you have a recipe for disaster. So, my real feeling is that in order to keep our citizens safe and our city beautiful, we should support this ordinance. Thank you. Donald Horsley: Thank you ma'am. I'm sorry I mispronounced your name Demaris Yearick: That's okay. My handwriting is very bad. Henry Livas: I got a question. OL Janice Anderson: Excuse me Ms. Yearick? Can you come back? Mr. Livas has a question for you. Henry Livas: You mentioned three studies. You didn't give me any results of them. What did they determine? . Demaris Yearick: They are being conducted right now, so the results are going to be out in 2009. So, it seems to me that as long as they are concerned about this, it would be really a shame to allow this type of vehicle. I can give you'd websites if you like to find out more information about that? Great! Thank you. Janice Anderson: Thank you Ms. Yearick. Donald Horsley: There are no other speakers unless someone else has come in. Janice Anderson: Is there anybody else? Also, I received and also all the Planning Commissioners have received a letter from Reba McClannan. It is dated May 6, 2008. Anyway, in it she states that she is unable to attend today. She was planning to attend, but because of a conflict in her schedule, she was unable. So, I would like to place this letter, which we all have read, with the record for this agenda item. She is in support of the ordinance as it stands. I just wanted to mention that. Okay. I'll open it up for discussion. Do you have any other comments Mr. Dicks? Chip Dicks: You have been very gracious with your time. We appreciate you consideration. Janice Anderson: Thank you very much. Go ahead Jay. Bill Macali: Madame Chair? I think that since the City is the proponent, the rebuttal if any, would be provided by the representative of the City. I think that would be Ms. Lasley, who can address the enforcement issues about stopping trucks in the middle of the road, and perhaps you can describe how we have enforced the ordinance in the past, and how that is not really not been happening. Janice Anderson: I think Mr. Hershberger you're going to get drawn in here to. You might as well stand up. Bill Macali: Let me just say that as much as everyone here respects Mr. Dicks, he is wrong about us stopping people, and pulling them over on the side of the road. That hasn't really happened with Admobile. We send them letters saying to the principal of the company saying your operation, and we gave them ample chance to state their case, etc. etc., and all that, but it is not going to be a case where we chase people down on the roadway. I think we can safely agree on that right? Kevin Hershberger: For this type of vehicle yes. Bill Macali: I thought that was important to know. Janice Anderson: Okay. I Bill Macali: That is all that I really wanted to ask Ms. Lasley to address. If she has anything else she is more than welcome. Karen Lasley: Are there any questions of us? David Redmond: I have one specific question of you, because both of the speakers, Mr. Dicks and Ms. Cayton, both referenced the fact that they were granted a business license and the Zoning Department signed off on this as a permissible use. That tells me that there was some thoughtful consideration given to that. Was it or was it not, or was it merely a mistake? Explain what happened there, because I think there is this conflict between what the ordinance says now and what happened that is the crux of this two year process. Karen Lasley: It was definitely a mistake that we signed off on that business license. The business license is a process that is controlled by the Commissioner of Revenue. Its primary purpose is to collect revenues for new businesses. As a step in that process, the applicant is requested to carry the application over to Zoning and Zoning signs off on it. So, you got copies of the two business licenses that were approved. The first one was for advertising. It does say at the bottom putting signs on trucks, and driving around town. And that should have raised flags and whistles at the Zoning counter. For some reason it didn't, and they signed off on that. What unfortunately didn't happen was Admobile, they didn't ask for a Zoning Verification Letter, which I am sort of surprised, because most lenders require that of a new business, where they put in writing to the Zoning staff exactly what the -new business entails, and they put in writing back that yes that use is permitted in Virginia Beach in that zoning category. So, unfortunately that didn't happen. It sounded to me like when Ms. Cayton came in for the business license, she explained in more detail to the Commissioner of Revenue staff exactly what went on and showed them. You remember last time she said she showed them the picture. Unfortunately, that didn't happen at the Zoning counter, and the Commissioner of Revenue staff, they wouldn't think anything of it. They're just trying to put into a category, which would be advertising. So, there was some combination of some real unfortunate events that occurred, where she was issued a business license for the advertising use. David Redmond: That was a counter transaction? Karen Lasley: Yes sir. David Redmond: Did you at any time review this before they went into operation and went out. Karen Lasley: No. And I'm sorry that happened. In most new businesses, especially when it involves signs, they know about the City sign regulations. How strict they are. They will come in and sit down with us and with me ahead of time, and go through that. That didn't happen. It was just an over the counter quick transaction at the Commissioner of Revenue's process. ►Co Janice Anderson: Are there any other questions for Karen or Kevin? You don't run down cars. You try to look up the business license or their information from their license plate. How do you try to identify them? Kevin Hershberger: The vehicles that are primarily used for advertising are usually very obvious when we see them on the road, and we do chase them down and try to remove them from the road. Typically, they are not operating out of the City of Virginia Beach. Usually it is out of Maryland, Delaware. We've had them as far away as New York that come down here and operate like this. So, we do in fact, have to try and chase them down on the road with our City trucks and our flashing yellow lights. The vehicles like this that we're talking about. We didn't have to chase this down. I went to their site originally. Went to the property, and there was no one there the first time I was there unfortunately. And then we wrote them a letter afterwards. The ones that are primarily for advertising, we unfortunately, you have to try and catch them on the street. Janice Anderson: Okay. I believe that you did mention that you have several of these on a regular basis try to come into the City. Kevin Hershberger: Correct. This is a fairly regular thing in the city so, we periodically and sometimes we catch them and sometimes we can't. It just depends on our situation of whether we don't have police powers to run through red lights and things like that, so if a guy can safely find them and get them in a safe place, then we give the driver notice. It is usually something so that he can contact us, and we can talk to the company and say this is what the City codes are. This type of vehicle isn't allowed. Remove your vehicles from our city. Janice Anderson:Okay. Karen Lasley: Mr. Dicks made some points about the proposed ordinance and how difficult it would be to enforce, and how unclear it is. I'm confident that if that is adopted, we have great support from the City Attorney's Office that we can do a great job of enforcing that. Zoning regulations are never black and white. It takes some interpretation, and I think the way that it is written, it is very workable for us. Thank you. Janice Anderson: Thank you. Go ahead Dave. David Redmond: First off, thank you for that explanation. Thank you all again, for the additional explanations. I'm going to support this ordinance and wholeheartedly support it. I've been a little bit disturbed as this process has gone along that it has been portrayed that the City sat down, had a thoughtful consideration, and then made a contradictory determination, that which is outlined in the law. And that is not what happened. What happened is apparently, a City Clerk at the counter had a bad day. One got past the goalie. She made a mistake. He made a mistake. I don't know who it was. But I bet that person feels pretty bad about it. But we all make mistakes. One thing to me is absolutely clear, that person is not the only one. On that morning, Ms. Cayton went down and applied for a business license for an activity, which, at the time, was unlawful in Virginia Beach. The City clerk made a mistake and compounded that error. Since then, for reasons that I'm having a hard time fathoming, we've allowed this business to operate for two years based on one mistake that the clerk made compounding Ms. Cayton's error. And now we're being asked not to clarify that ordinance, but in fact to weaken it based on one clerk compounding on one morning the same mistake that Ms. Cayton made. I know of no other function in the City where in based on such a simple error, and I do stuff like that every day. I bet you did to. We all do, where you make such a fundamental change in your business operation. When you really make a fundamental change in Virginia Beach's decades long antinomy towards billboard advertising based on one simple mistake. I think that would be a tremendous shame. It would be throwing out the baby with the bathwater. Our antinomy to billboard advertising and our respect and affection for the beauty of our city, which one of the speakers, I thought, spoke very well to, is one of the things that I think we all hold dear to in the city. It is not easily compromised, and it ought not be easily compromised. I don't care what other jurisdiction might choose to do that. I wouldn't judge them. That would be their business. In Virginia Beach, we take the beauty of this gifted physical environment of ours very, very seriously. I mean, I would not want to change that based on one clerk compounding; the same error than Ms. Cayton did. That would be a real shame. Now, with that said, Mr. Villaneuva, who I respect, posed to us, I thought a very interesting question. Come up with some sort of compromise. I'm unwilling myself to compromise that fundamental principal, which is to say you know the beauty of our physical environment. And it is outside our purview to do a couple of things that I'm quickly going to recommend, but say for the record, so Council can consider it. They made an investment, based in part on Ms. Cayton's error, but also on the city clerk having compounded it. The City believes we owe them some redress for that. We can buy the truck for the resale value of it. The private resale value we can pay for. The unamortized portion of it that might remain, we can come up with some other means of compensation for this business for the error that the clerk made on that morning. That is for Council to decide. That is not for us to decide. I'll be willing to bet you that truck has been paid for by now by virtue of having had the monopoly interest of this business for two years. I think it would be a very bad idea to grandfather in anyway, this or any other business, and give one business the right to operate a business that no one else can. That is fundamentally for the rest of our citizens. But in my view, we ought not to throw out the baby with the: bathwater. We ought not compromise several decades of steady progress towards beautifying this city based on a simple clerical error. Janice Anderson: Thank you Dave. Jay. Jay Bemas: 1 had a question for Mr. Macali, specifically on the ordinance that we are reviewing. Could you address some of the points that the applicant's attorney made about some of the specifics and how the legal language is worded? I'm not an attorney. I'm just wondering. I mean, it's the attorney's job to interpret it, and if he see's a different interpretation, is there something that we need to modify specifically on A2, or where we tall: about advertising the business of the owner of the motor vehicle? I thought he brought up some good points, but I don't know from a legal standpoint is there room for interpretation or do we need to tighten that up? Bill Macali: No, we attempted to clarify who the owner is by using the definition in the state motor code, which is essentially the person who has the title or certain kinds of lessees where you have the right to lease and buy the vehicle. We've also expanded it to say it includes the lessee. That would be something that we could do say in any lessee, because frankly, I'm not sure whether FEDEX owns its trucks or leases its trucks or what 12 kind of arrangement they have, but I think the intention is clear. Let me note that this is the most difficult ordinance to write that you can imagine to get all the little new ordinances right, and I don't think it is possible to get everything right. The ownership issue. The primary use of the vehicle is common. There are probably 500 ordinances throughout the country that say primary use, but not a single one of them even attempts to define how you determine what the primary use of a motor vehicle is. Apparently, they are used to people either driving FEDEX trucks, which are clearly for delivery or else trucks like the ones you see in the picture, which clearly can have no other purpose but advertising. In Virginia Beach, of course, we have a little variant, so we have to address that. We did the best we can in identifying those factors. And frankly, Ms. Lasley and I spent hours and hours discussing them. We even wrote out an explanation of not only the factors, but more than that, to Ms. Cayton, and Ms. Lasley has a copy of that letter if you would like to see it? Frankly, there is no ordinance that enforces itself that doesn't present any kind of difficulties. You show me an ordinance, and I will point out five different ways of interpreting that, and the difficulties of enforcing it. We clearly have done the best we can in trying to make the ordinance as clear as possible. We do feel that it is enforceable. I apologize for the comment about not chasing people down. I had no idea that we did that, but I think what Kevin is saying is that a vehicle that is pulling a billboard, which clearly can have no other purpose, they pull over. An Admobile type vehicle is something else where there is obviously a purpose for that vehicle besides advertising and that is how we enforce the ordinance against that type of vehicle by essentially the way we did, which doesn't involve pulling people over. We get in touch with the owner as we ask for the information that we needed. I'm not sure what we do about people when they come in and give us financial information. I don't know how else to figure out what the primary purpose of the vehicle is. Clearly, the primary purpose is determined by more by than just how much money you get from an activity. But just as clearly, how much revenue do you get from advertising as against other non - advertising purposes. It is pretty important in determining what the primary purpose of the vehicle is. We didn't require Ms. Cayton, and we don't think we require anybody else to present their actual certified books and records. We simply took their word for it. I don't know what to tell you about the ordinance interpretation. I really have tried to make it as clear as possible. The difficulty of the ordinance centers around what is primarily the use of the vehicle. Believe me. We searched everywhere and then some to find out how other people did it. Nobody had any clue. Half the people had no clue there was even an ordinance on the books about what the primary use of the vehicle is, and so, we really just had to sit down and think from scratch about what the factors were and in determining what the primary use is. To be honest, I think, and I won't say that I'm at woods end about this ordinance, but I certainly cannot think of any other way to make the ordinance anymore clear. I'll just leave it at that. I'm sure there are questions, but we really did the best that we can, and if anybody has any other suggestions about how to clarify it, we're all ears. There is one thing that I do need to mention. In connection with Mr. Redmond's comment about not a good idea to grandfather a single operation, that is not just a policy issue. That really does have a legal dimension. Zoning Ordinances are not going to be used for purposes of confirming monopolies on any kind of business or protecting businesses from competition. And, I would think that if the Planning Commission did insert a grandfather clause, however it is worded, it would necessarily apply only to the Admobile. I don't think that would be enforceable as against somebody else who can say, well, I wanted to get in the business. I didn't because I read the law, and I talked to the Zoning Administrator, and now I'm being punished because you're 13 letting the Admobile in, which didn't follow the law. So, the recommendation that we have from a legal standpoint is that we really just can't grandfather anybody under this ordinance. Joseph Strange: It is also my understanding that you can't grandfather a business that is in violation of an ordinance already anyway. Can you? Bill Macali: Well, I think there is at least some kind of legal support for that, but it is a terrible idea. It actually rewards folks who acted illegally. And frankly, I think the legal issue grandfathering a business is you can't confirm monopoly. You don't really need to grandfather a particular use to make it legally. You just pass an ordinance, which makes its operation legal. They bad part is confirming the monopoly, whether or not it is intentional, or unwilling monopoly. The bottom line is that you just can't grandfather the existing operators in this ordinance because there is only one existing operator, and under no circumstances, whether or not they were operating unlawfully or because of having a monopoly, can we do that. It just doesn't matter. What I'm saying is that you can't do it, whatever the reasons. Janice Anderson: Go ahead Jay. Jay Bernas: I got one more follow up. Just for clarification, even if we don't approve this ordinance and the existing ordinance of the primary use test is still there, it's the City's opinion that the Admobile is still operating illegally? Bill Macali: Well, as of the last time we looked, yes sir. However, there is the opportunity under the current ordinance that is on the books. Not the one in your agenda, but the one that's on the books, for the Admobile or anybody else to show that its primary purpose, is ir. fact, for something other than advertising. Janice Anderson: Go ahead Phil. Philip Russo: I just have a lot of problems with a lot of aspects of this whole thing. First, I do see a need for an ordinance of this nature in our city, but I'm still not convinced that it is within the authority of this Commission. I'm also very concerned that these ladies relied to their detriment, and now they are being told that oops, we made a mistake. You lose your money. It's easy to say it's a mistake, but if I were in that position, I'd be really concerned. I don't think that we can just cross over that. I think there has to be a middle ground somewhere that we haven't fully explored. Now, by the same token, I'm also concerned that voting against this ordinance really doesn't help these ladies here, but voting for it, :really creates an injustice for them until this middle ground is really explored. So, I'm conflicted about the whole thing, about all the aspects of it, where I see the need. I just think that these are individuals who relied on the process, went through the process, and relied to their detriment, and now they are being hurt financially. Janice Anderson: Go ahead Al. Al Henley: As Bill stated earlier, since I've been on the Commission, which really hasn't been that long, but it certainly has been one of the most difficult decisions, and obviously the most ordinance as I've had to review. When I took an oath to serve the City of (4- Virginia Beach and this Commission, I swore that I would do the best to uphold the integrity of this position, and also to serve the City, which I felt as best, and I think I have lived up to my oath, and I'm going to do that today here. In the very beginning, Jay and I sat on a subcommittee on this particular subject, and I personally met with Ms. Cayton and discussed this. I did that with an open mind. I thought then, and I told her so, that hopefully there would be a way to compromise, not only the City but also her business as well. Staff, City Attorney's Office, Jay and myself have met with staff and City Attorney's office numerous times over a period of months. Obviously, Ms. Cayton has had the opportunity to operate in Virginia Beach for a little over two years illegally, unfortunately but at least it has given her the diligence of time and hoping to prove her position on what primary use is. Give the City and staff an opportunity to look at it to see if there is a way to make this a workable solution. And so far it doesn't to appear to be that way, but I guess the definition comes up what is workable or what side you are standing on. I am one of those individuals, and I'm sure most the people here on the Planning Commission, as well as staff become very sympathetic toward the other individual that is standing behind that podium, and I guess you wouldn't be human if you didn't do that. This is one particular applicant that I have been very sympathetic toward. But keeping my oath and what I do to uphold this position, I'm going to be recommending this particular ordinance as it is written. I think it is an unfortunate position where we are today. But it is one of those many misfortunes that as a large city government as we operate in this City on a day to day basis, mistakes do happen. Mistakes happen in private business. It happens in local government, and we all know it happens in Federal government. So, unless someone else has any other comments, I'm going to be recommending approval on this particular ordinance as submitted. Janice Anderson: Thank you Al. Go ahead Joe. Joseph Strange: This item was sent back to us by City Council because City Council wanted, I think some time of compromise. I don't think they liked the ordinance the way it was. And, even though everything says to me that I ought to support this ordinance, because of all the legal ramifications, and all the other things. I'm sitting here today and I came in here today, and I was going to support it, but I've changed my mind. I'm not going to support it, because I don't feel like we have made any kind of changes. I don't think that there is any kind of compromise here. I don't think there is anything that City Council asked us to do. I don't think that we did it. And for that reason, I'm not going to support the ordinance. Janice Anderson: Let me address a little bit of what Joe said. I've come out with a little bit different take from it. I know this matter was brought to us because of Ms. Cayton's situation. It was the holding that her business violated our current ordinance. And, with that position, City Council said let's send it back to Planning Commission, because there was, for a period of time, and I think the City was involved in whether or not she was in compliance with the ordinance or was she not because evidently, they presumed the current ordinance was vague. City Council sent it back to us, it is my understanding, to see whether we could work out a compromise, leave it alone or restrict the ordinance. I don't think we were given any which way but to review the ordinance as it is. Do we want to change it? Do we want more restrictions? Evidentially, there meets a need because there was some, and if it is too vague, do we need to change it? We did make a subcommittee, which were Jay and Al. And, they, with the City Attorney's Office and 15 with the Planning staff and input from the community, have come up with this new ordinance, which is, in my opinion, is trying to clarify the position, and it is a little stronger. It is more restrictive, I guess, than the current one, but it is a different ordinance. The backing of that is supporters like Reba McClannan. It is for the beautification, not cluttered. They are going a little bit further with the ordinance. They could have ',!eft it alone, but this is the ordinance that we have in today. There were two public hearings on this. And the City Attorney's office had worked on this for awhile. Compromise was looked at, I know by the subcommittee a lot. It just wasn't available there. The current ordinance, and the position is they are not favor of mobile advertising. That is not something that they want in Virginia Beach, and that is what this ordinance says. So far as the position that Ms. Cayton is in, I am sympathetic to her on the same way. Let me say this. When you come in to get your business license, the clerk there who gives you the business license, which he issues it, she is not stating that your business model or your business plan complies with every ordinance in Virginia Beach. As Karen stated, if you want that kind of assurance or that reliance where you really rely on that, the proper way would be to get a written letter from the department head either from Planning or Zoning or from the City Attorney's Office. This is my business plan. This is my model. I want a written letter that my business will comply. That is the proper way. That wasn't done unfortunately. So, far as, and I'm sorry you relied on this business license being issued, that wasn't the proper way for her to rely on her business plan or model complied to all the Zoning codes, and this was allowed in Virginia Beach. I want to thank Al and Jay for all their work, the City Attorney's Office also. I am in support of the ordinance as it is written. I think it clarifies. People won't be coming in to Virginia Beach, I think, and say, is this vehicle allowed or not? I think there might be some questions for some, but I think we defined it more that these types of vehicles are not allowed, these advertising types of vehicles. I hope Ms. Cayton can change her business and be able to relocate or recover somehow, but she has been operating some part for the last two years to see what we would finally decide on the ordinance. I believe it is the proper ordinance for Virginia Beach to go before and adopt it, and I will be support it. Go ahead Jay. Jay Bernas: [ served on the subcommittee. We had two public hearings. We've met several times and I even helped draft some of the language in the ordinance, but I am still terribly conflicted. I'm on the fence honestly. Because on one hand, personally, the Admobile doesn't even necessarily bother me, because I've only actually seen it twice, and when I saw, I was like hey, that is kind of cool. So, from a personal level, I mean just myself, they really don't bother me. And I've done an unscientific survey of friends and colleagues, and it is kind of 50150 whether they think it is a distraction or if it really bothers them. And so being at large and representing the citizens of Virginia Beach, I'm kind of on the; fence, because I'm not even so sure what's the right thing to do, and I agree I am teiTibly sympathetic to what happened when she got her business license. I think that was an unfortunate thing. I think if they would have caught it, we wouldn't even be here Wking about it today, but because we are, even though I was on the subcommittee. We helped write it. I'm still on the fence and terribly conflicted about this whole issue. I wish it was it was black and white, but it is not. So, I am still on the fence. Janice Anderson: Are there any other comments? Go ahead. I (0 Henry Livas: I support the change. As far as the business license is concerned, I don't know if that clerk could determine at that point how much business that was going to be done by advertising. How much was going to be done for other things. The Zoning code talks a whole lot about primary use, and that is the key to the whole thing primary use. I also hear that she is not that far out of compliance if she is doing 57 percent business, and she could shift some of her business and get it to 50/50 or something in that range. But I think these regulations are clear. It also gives the owner the opportunity to come up with another way of figuring out the primary use. So, I think the regulations are very fair. They are very explicit right now, and certainly it would help to enforce it with a new regulation, so that is why I would support the new one. Janice Anderson: Go ahead Dave. David Redmond: For goodness sakes, it is called the Admobile. It is not called the "truck that drives around and does a lot of different things mobile". Its primary use is advertising. If you go to their website, they market the ability to advertise. It is called the Admobile. It is about advertising, and I don't think that is a real gray area. I think that ought to be pretty clear. We have had several decades now of work in focus on cleaning up tackiness, distractions in outdoor advertising. We have had this law on the books with regard to mobile advertising for decades. I'm just unwilling to entertain the idea that we would just kind of toss that cavalierly based on a morning in August when, I think you made a good point, but for this clerk making a mistake, Virginia Beach would have a perfectly workable normal ordinance with regard to mobile advertising based on the one clerk's mistake and counting Ms. Cayton's mistake. I'm not picking on her, but I say that to illustrate that people make mistakes. She was unaware at the time, and I suppose that the business license that she was applying for was for an activity that was unlawful in Virginia Beach at the time. So, I agree with Jay in that sense. We're going to throw out a couple of decade's worth of work and commitment, to that as cavalierly, as that which was on that one morning in August when this one mistake was made? If you're going to do that, if any city is going to do that, I would suggest it would take an awful lot more to revisit two or three decades worth of how we view advertising in the City than what we've done. Boy, that is a major policy shift in my view. That is a major policy shift. I'm not ready to do that. No way. I wouldn't do it anyway. But I certainly wouldn't be able to do it based simply on this one case with this one company and this one mistake that was made in August. It doesn't strike me as a great way to set policy. There are certain ways to compensate them. Council can if they want to compensate them monetarily. They can do whatever they want with it. But I wouldn't change zoning ordinances with regard to signage that we have some input in based on that. Janice Anderson: Go ahead Joe. Joseph Strange: I surely respect the Chairman's position. This thing that somehow one or another, the applicant should have known that they were not in compliance. That is not just realistic for a small business person. Small business person with some of these zoning laws, and what's allowed and what's not allowed, through the small business person, not IBM but I'm talking about the small business person, who's going in and they're applying for a license. I'm talking from experience. I've applied for a lot of them, but I've always been a little bit surprised at the scrutiny that I've got because I thought, gee, I'm in compliance. And it turned out that I was. But still, in all, I had a lot III of scrutiny before that license was granted to me. So, the point that the applicant should have known that they were not in compliance, I just don't think it holds water for a small business person. David Redmond: I didn't say that. What I said was that she made a mistake and staff made a mistake. I absolutely agree. We should have quite a bit more scrutiny of this than we had, and the fact, and I think the one regret is we didn't study this, and who knows what other applications, a bit more carefully at the time. We probably would avoid these sorts of mistakes. People make mistakes. When you make mistakes you don't necessarily change laws as a result of them, as difficult as they may be. That was my point. Joseph Strange: And, I'm surely not trying to beat up upon the person who made the mistake, but we were also, at least I was understanding, that there couldn't be any grandfathering of this, not because of a monopoly, but because basically it would be illegal to do this, because we would be grandfathering something and somebody was not in compliance, and now from what I can understand from Mr. Macali, that may not be the case. Okay? He is saying that it would be bad precedent. That it would be a monopoly. And that is all bad. Maybe it is bad, but he didn't say that we couldn't do it. He just said it would be bad. That is what I understood. And before, it was my understanding that we basically couldn't do it, because they were operating against the law and we couldn't grandfather anybody who was operating against the law. But maybe I misunderstood him. Bill Macali: Let me say that in all my travels over 28 years of practicing or 30 years of practicing law, I've never ever seen an unlawful operation being grandfathered. On the other hand, I've never seen a case that said you absolutely can't do it. The bottom line is clear in Virginia law that in this situation, this operation may not be grandfathered. That should be sufficient for the Commission's deliberations, that it can't be grandfathered. Janice Anderson: I just want to make another comment about the fact that Dave brought up about the City Council and their efforts over at least the last 20 years with signage and everything. They have been very strict on signage. I think Virginia Beach is probably stricter on signage. I don't care if it is on buildings, hotels, or anything else than most cities around. I'll just tell a little story myself. The first time that I met Kevin Hershberger was when we moved our office from down here at the courthouse and we moved it, I don't know if you remember or not, to Mediterranean Avenue. We put this nice sign on the building. We got a little knock. I was not in compliance with the sign ordinance. I think it was too big. I can't remember. He is very good, and he is really quick on it. `Ve changed our sign. I mean that is his job. I think that is what helped the city appearance wise to have these larger signs, because hotels want to have larger signs so I think it is a general view point, and I look at it as a signage as all. I look at this as signage and mobile advertising as a sign ordinance rather than against this one business at all. Donald Horsley: I guess I'll add my two cents worth. I remember 1986, Karen, when we talked about billboards and we first did it. I was on the Commission back then, so I've been here a long time, maybe too long for some things. Regardless of whether we approve the ordinance or we go back to the old ordinance, the activity is still illegal for whatever reason. In all the years, I've never known us to change an ordinance to illegalize a business. I've known people who diligently went out and started businesses, and then they came and asked for the Use Permit, and we put them down regardless of the investment they had made. It is just not right. You can't go by business that way. I'm sorry for this, but I feel that these two ladies are very energetic in their efforts. And I know, regardless, and I don't think this is going to put you out of business. I think you will find other ways to continue your business, whatever portion that is legal. The Admobile portion isn't. I think you can make changes. Regardless of what we do today, whether we vote the ordinance down or vote it up, you are still illegal. And the only way that you're going to get anything from the City is to file suit against the City, and that is another ballgame. That is between you and somebody. But it is our duty to evaluate the ordinances and the sign ordinances, and the new ordinance, I think, it does clarify things a little bit better than our old ordinance had. You know, Jay said he done a survey. I've talked to a lot of people. We've got several people that work for us, and they say, what you all talking about this ad thing. We like to watch things like that. Some people do, and some people think is atrocious. They think it is a safety issue. But the City has gone through several 20 odd some years of trying to beautify the City, and doing a better job with its signage. I think it's done a great job over the years. Regardless of any inadequacies in the City, I don't know of any, so I'm ready to move today. I think we still want to stay here, because we appreciate what has developed over the years within our City. So, I will be supporting the ordinance as it is today. You know, I think that is the right thing to do, and I kind of agree with what Al said. I do feel for the investment that has been made, but I also feel that these people can make some changes in their business, and move right on. That is my two cents worth. Janice Anderson: Dave? David Redmond: I vote approval. Janice Anderson: A motion for approval by Dave Redmond. Is there a second? Al Henley: I'll second it. Janice Anderson: A second by Al Henley. STRANGE NAY Ed Weeden: By a vote of 6-3, the application to amend Section 212 of the City Ordinance and to add new Section 212.2 for motor vehicle signs have been approved. 11 AYE 6 NAY 3 ABS 0 ABSENT 2 ANDERSON AYE BERNAS NAY CRABTREE ABSENT HENLEY AYE HORSLEY AYE KATSIAS ABSENT KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO NAY STRANGE NAY Ed Weeden: By a vote of 6-3, the application to amend Section 212 of the City Ordinance and to add new Section 212.2 for motor vehicle signs have been approved. 11 Janice Anderson: Thank you very much. v�`NV'BE"1cs'.� 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to amend Appendix F — Chesapeake Bay Preservation Area Ordinance, pertaining to maintenance agreements for structural best management practices and post development runoff load An Ordinance to amend Appendix D — Stormwater Management Ordinance, Pertaining to Variances. MEETING DATE: June 24, 2008 ■ Background: In June 2007, the Chesapeake Bay Local Assistance Board (CBLAB) found the City of Virginia Beach noncompliant with its implementation of the Chesapeake Bay Preservation Area (CBPA) Ordinance. The City must comply with nine (9) enumerated recommendations from CBLAB by July 1, 2008 to have its implementation of the Ordinance found compliant. ■ Considerations: Of the nine (9) CBLAB recommendations, which are listed in the attached staff report, items five (5) through nine (9) concern changes in policies and procedures regarding the implementation of the program. Items one (1) through four (4) are the subject of the attached amendment proposals, which pertain to the Chesapeake Bay Preservation Area Ordinance (CBPAO) and the Stormwater Management Ordinance (SWMO). The changes are as follows: • Recommendation 1 - Add definition for "structural best management practices" and clarify the requirement that all structural best management practices have maintenance agreements to ensure continued compliance and maintenance of the structure. These additions will clarify when maintenance agreements are necessary (Lines 25 - 26 of the CBPAO). Recommendation 2 - Revise language in the Stormwater Management Ordinance to ensure Stormwater variances satisfy both State Stormwater and CBPA regulations. This amendment will make the granting of Stormwater variances compliant with both the Stormwater regulations and the CBPA regulations (Lines 33 - 44 of SWMO). • Recommendation 3 - Delete language that did not conform to the Virginia Stormwater Management Law and Handbook, as is required by the State CITY OF VIRGINIA BEACH — AMENDMENTS TO CBPA AND STORMWATER MANAGEMENT ORDINANCES Page 2 of 2 Chesapeake Bay regulations. This amendment will bring the stormwater runoff load into compliance with the Handbook (Lines 46 -47 of CBPAO). • Recommendation 4 - Remove the provision in the existing ordinance that exempts swimming pools from the calculation of impervious area. In light of the City Council's desire to have the matter more fully considered by the Planning Commission, this item is not included in the ordinance at this time. ■ Recommendation: The Planning Commission, based on public comments presented at its June 11 public hearing, deferred consideration of the provision that would remove the existing exemption of swimming pools from the calculation of impervious area to its July 9 public hearing. By a vote of 9-0, the Planning Commission approved the remaining provisions of the amendment. ■ Attachments: Staff Review Planning Commission Minutes Ordinances Recommended Action: Staff recommends approval. Planning Commission recommends approval of the ordinances, excluding the provisions that would address Recommendation 4 regarding swimming pools (the Planning Commission will further consider Recommendation 4 at the July 9, 2008 Planning Commission Public Hearing and will forward its recommendation to City Council for its consideration in August. Submitting�Department/Agency: Planning Department City Manage. F--�� CITY OF VIRGINIA BEACH / AMENDMENT TO CHESAPEAKE BAY PRESERVATION AREA ORDINANCE Agenda Item 15 June 11, 2008 Public Hearing REQUEST: An Ordinance to amend Appendix F — Chesapeake Bay Preservation Area Ordinance, pertaining to maintenance agreements for structural best management practices, post development runoff load, and impervious cover. SUMMARY OF AMENDMENT The Commonwealth's Chesapeake Bay Local Assistance Board (CBLAB) is required by law to review local Chesapeake Bay programs to determine whether such programs are in compliance with all applicable State requirements. In June 2007, CBLAB found the City of Virginia Beach noncompliant with its implementation of the Chesapeake Bay Preservation Area (CBPA) Ordinance. The City must comply with nine (9) enumerated recommendations from CBLAB by July 1, 2008 to have its implementation of the Ordinance found compliant: 1. Add definition for "structural best management practices" and clarify the requirement that all structural best management practices have maintenance agreements to ensure continued compliance and maintenance of the structure. These additions will clarify when maintenance agreements are necessary. 2. Revise language in the Stormwater Management Ordinance to ensure Stormwater variances satisfy both State Stormwater and CBPA regulations. This amendment will make the granting of Stormwater variances compliant with both the Stormwater regulations and the CBPA regulations. 3. Delete language that did not conform to the Virginia Stormwater Management Law and Handbook, as is required by the State Chesapeake Bay regulations. This amendment will bring the stormwater runoff load into compliance with the Handbook. 4. Remove the provision in the existing ordinance that exempts swimming pools from the calculation of impervious area. 5. Develop a policy that revegetation of buffer areas as part of permitted tidal wetland activities will occur. 6. Develop a policy that site-specific analysis of onsite water bodies will occur to determine whether such water bodies are perennial and adjust Resource Protection Area boundaries as necessary. 7. Develop a program that the City will work with its CBPA Board to provide training and staff analysis that addresses the required findings for approving RPA variance requests. 8. Develop a policy that the City's CBPA Board cease approving multiple variance requests on individual properties unless the requests clearly meet all of the required findings for approval of such requests. 9. Develop a program that establishes a City system of formal oversight for required mitigation for all approved variance requests. CITY OF VIRGINIA BEACH Agenda Item 15 Page 1 The proposed amendments to the Chesapeake Bay Preservation Area Ordinance will bring the City into compliance with Recommendations 1 and 3 of the 9 Recommendations for compliance. Compliance with recommendation 2 will be addressed through an amendment to the Stormwater Management Ordinance, which does not require Planning Commission action, and recommendations 5 through 9 can be satisfied through changes in City procedures and policies regarding administration of the CBPA program. The Board has determined that the City's Chesapeake Bay Preservation Area ordinance must be amended as reflected in these amendments and as discussed below in order to be fully compliant. Lines 25-26 acid a definition for "structural best management practices." Lines 81-87 clarify the requirement that all structural best management practices have maintenance agreements to ensure continued compliance and maintenance of the structure. These additions will clarify when maintenance agreements are necessary. Lines 46-47 deleted language that did not conform to the Virginia Stormwater Management Law and Handbook, as is required by the State Chesapeake Bay regulations. This amendment will bring the stormwater ruroff load into compliance with the Handbook. Line 72 requires that calculations of pre -development and post -development loadings be documented RECOMMENDATION The proposed amendments will bring the City's Chesapeake Bay Preservation Area program into compliance with applicable State requirements. Approval of the amendments is recommended. CITY OF VIRGINIA BEACH Agenda Item 15 Page 2 Item #15 City of Virginia Beach An Ordinance to amend Appendix F — Chesapeake Bay Preservation Area Ordinance pertaining to Maintenance Agreements for Structural Best Management Practices, Post Development Runoff Load, and Impervious Cover June 11, 2008 REGULAR Janice Anderson: The next portion of our meeting will be the regular agenda. On our regular agenda today we only have two items to hear. I've asked Barry Knight, who will be the Secretary today since Mr. Horsley is not here. So, if you can call the first matter. Barry Knight: The first agenda item to be heard is agenda item 15. The City of Virginia Beach, an ordinance to amend Appendix F — Chesapeake Bay Preservation Area ordinance pertaining to maintenance agreements for structural best management practices, post - development runoff load, and impervious cover. Ms. Wilson, are you going to speak on the ordinance behalf? Kay Wilson: Yes sir. Barry Knight: Thank you. Kay Wilson: Kay Wilson, Associate City Attorney. These amendments are being put forth in order to bring the City's Chesapeake Bay Preservation Ordinance Program into compliance with State requirements. Almost a year ago, the City was found non-compliant in how it goes about enforcing its Chesapeake Bay regulations. As such, the Chesapeake Bay Local Assistance Board and their staff in Richmond, which is the State organization that oversees the program, have recommended that these changes be made to the ordinance. The first change is that we have a definition of "structural best management" practice. A structural BMP is what it is called. Any structural BMPs will now be required to have maintenance agreements. These agreements will need to be in writing, and of course, recorded. So, that is really the first big change here. The second change would be simply to get rid of some language that was confusing in regard to the Virginia Stormwater Handbook, and that has been done, approximately at lines 45 through 48. Simply confusion, and that language did not need to be in the ordinance. The third thing that has been done is that we have made swimming pools from now on to be impervious. For the past 20 years, swimming pools in the City of Virginia Beach have been considered pervious, meaning that water can seep into the ground through the swimming pool, and that's really not true. Swimming pools are impervious according to the definition found in the Stormwater Management Handbook, which is part of the regulations for the Chesapeake Bay. As such, improvements that cover, meaning the surface, which is composed of any material that significantly impedes or prevents the natural infiltration of water into soil. Swimming pools are considered impervious because they have liners, they have concrete, and they have gunite to keep the swimming pool water from infiltrating into the soil. We have considered them pervious for Item #15 City of Virginia Beach Page 2 20 years. I asked the staff in Richmond why, since we had been doing it and that was allowed. It was simply an oversight on their part. Every locality in Virginia, they tell me have swimming pools as impervious, and they should be counted as part of the cover. Janice Anderson.: I understand that it doesn't lock into the description that's why you're throwing it over to impervious now, but the logic behind it is that if it is not impervious and then it's an issue of runoff. If there is water going into the pool, that is not going to runoff. Kay Wilson: It ;is not really an issue of runoff. Janice Anderson: It's not? Kay Wilson: It's an issue or whether or not it is impervious. In order for it to be a pervious surface, the water has to go into the soil. Janice Anderson: I know but the reason why it's impervious and not pervious is because of runoff issues? That is why this whole act is in place. Kay Wilson: In a sense. But you can't call a pool impervious if doesn't meet the definition of being impervious. It may not runoff unless you have a major storm. Janice Anderson; I agree with you with the definition, but I don't know why we would have to change it now except pools out like before not called them impervious or non -impervious. Kay Wilson: In order to be compliant, we have to make pools impervious. Chesapeake Bay Local Assistance Board told us that we must make pools impervious. Recommendation for a demand that we had in order to be compliant is that we change the ordinance, and make them impervious. Every other locality in the state makes them. Janice Anderson: Thank you. Are there any other questions at this time? Bill Macali: I was there back when we did the ordinance and that issue came up three or four times. We looked at it much as you have mentioned it, and it wasn't something where water courses over and runs down the hillside into a lake or river, so we felt that we were given the fact that was the ease that we could include swimming pools as not being impervious. At that point, there was no push back from CBLAD or Local Assistance Board about that, and frankly, that is not something that the City wants to do, but the Board has the power to require compliance both administratively. It is lot more than a recommendation. They have the right to force localities to comply, and they have stated in the resolution that all of these things that we have to do to comply that failure to comply would subject the City to those sanctions, and in looking at the fact that Bay regulations say that you got to comply with the Stormwater regulations. The Stormwater Regulations define impervious, as Ms. Wilson said, we don't feel like there is anything that we can do about that, respectable of the fact, that water does not runoff through a pool. The definition as Ms. Wilson has noted was impervious does really have to do with runoff. It has to do with being able to go down into Item #15 City of Virginia Beach Page 3 the ground. So, we have looked at this. We don't feel like this change is something that we want to make. We're not making it lightly, but we do feel like and we do have to make the change in order to be compliant with the State law and regulations regarding the local Chesapeake Bay ordinances. There is not getting around that. Janice Anderson: Thank you Mr. Macali. Al? Al Henley: Question. If you live in a neighborhood, and you have sanitary sewer and the owner decides to dewater the pool, are they required by the ordinance to discharge that into sanitary sewer or can they discharge it into the surrounding waterways? Kay Wilson: Mr. Henley, I have no idea. I couldn't tell you right off the top of my head. Al Henley: It seems to me that I recall that it was required. I was just wondering if the amount of chemicals in that would probably be very minimal. As a matter of fact, it would probably increase the water quality. Kay Wilson: I do know that the sanitary sewer ordinance does allow you to put swimming pool water into the sanitary sewer if it has been dechlorinated. Al Henley: Okay. Dechlorinated. Thank you. Barry Knight: Our next speaker on this agenda item is Bill Gambrel]. Bill Gambrell: Back again. Madame Chairman, members of the Board. I originally signed up as a proponent of this application, or I am a proponent of the application that the Planning Commission has to vote on. However, I would take exception with the issue of the pools. I will tell you that everyone should be supportive. I know that this board is and that the City is supportive of improving water quality in the Chesapeake Bay. However, I do take exception to the pool issue that you raised Ms. Anderson. I will tell you in addition to it not being a runoff issue, but the impact that it creates for property owners and the amount of impervious cover that it results in for property owners when they take applications to the Chesapeake Bay Board, which is very hesitant to approve impervious covers of greater than 35 percent. It makes it incredibly difficult for property owners to be able to ask for pools in that process, through that variance, and in addition to that, swimming pools, and no exception to Ms. Wilson, she presented her point very well, but there is evaporation that occurs in pools. It doesn't evaporate if it runs into the storm drains. So, it seems surface and it rains you do have an evaporation situation. But I also, and I applaud for you saying, some earlier said, that maybe we should talk to the State about this, because I think what you're doing today is trying to comply with State regulations, and I think that somebody should bring it to the State's attention. That is an owner's requirement, and it's an owner's requirement. Yes, Ms. Wilson is correct. Pools are required as impervious in other areas but there are many areas, Norfolk in particular that are considered entirely Intensely Developed Area, so they don't have to follow the guidelines. In Norfolk, your sister city, having the same topography and Item # 15 City of Virginia Beach Page 4 very similar characteristics, doesn't take their applications through the same process. That is my point today. Janice Anderson: Even if it is a residential? Bill Gambrell: It's called an IDA or an Intensely Developed Area. Ms. Wilson can probably speak more to the merits of that, but it is very different than the RPA that you have here as the Resource Protection Area that requires that a variance be granted or applied for if it is in a seaward component or land use component of a Resource Protection Area closer to the water by the way. Janice Anderson: Thank you. Are there any questions of Mr. Gambrell? Thank you. Barry Knight: The next speaker we have is Billy Garrington. Billy Garrington: Thank you Madame Chairman and members of the Planning Commission, for the record, Biilly Garrington, a local consultant here again also, as Mr. Gambrell was before to speak to opposition to the portion of this amendment that is the changing the classification of swimming pools that is counted towards your impervious cover. I simply have a hard time figuring out how this has been going on for 20 years and all of a sudden somebody at CBLAD has all of a sudden told us that we are in non-compliance with the requirements of the Chesapeake Bay Ordinance. If I had time, I could tell you of all the changes that have; been implemented the Chesapeake Bay process in the last 20 years since I have been appearing in front of that Board. I come in front of this Board very seldom. I go in front of the Chesapeake Bay Board on an average of sometimes 4 or 5 times a month for the past 16 years. I have seen many, many changes in that process. And this is another one of them. It is being„ I think into reality by CBLAD, who CBLAD is a bureaucratic agency whose existence :is tied to the Chesapeake Bay Preservation Area Ordinance. Let's make no qualms about it. I can show you lots of things that are in our ordinance that are not in our sister city's ordinances, where ours is tougher where theirs is not as tough. But, I just don't think the requirement to go back and require swimming pools as impervious cover after we have been doing it for 20 years. I think it is wrong to do, and in my humble opinion, this is nothing in the world but an attempt to try and stop swimming pools from being built in the 100 foot RPA buffer entirely. I think that is where this is going. That is just my personal opinion. I have nothing to base that on other than the thousand of times that I have been in front of the Chesapeake Bay Board, and I know where this is headed. So, I am in opposition to the part where we are going to require swimming pools to be counted towards your impervious. The other parts of the ordinance I have no problem with. I don't feel comfortable up here speaking in opposition to something, and I hope I never have to do it again, but I am in opposition to this part. I will be glad to answer any questions that you may have. Janice Anderson: Thank you Mr. Garrington. Are there any questions? Okay. Thank you. Barry Knight: Our next speaker Eddie Bourdon. Item #15 City of Virginia Beach Page 5 Eddie Bourdon: Thank you Mr. Substitute Secretary. Madame Chairman, Eddie Bourdon, a Virginia Beach attorney. Like Mr. Garrington, but with a lot fewer number of cases, I appear before the Chesapeake Bay Board and have for 16 to 18 years, I guess, since it's inception on just about a monthly basis. Not quite as often as Billy does. A lot of these applications are fairly routine. They used to be. They are becoming more and more difficult all the time. I appear today, not in opposition to any of the changes that are summarized in your report or commented upon in your report. I stand up here in opposition to one change. The deletion of one word that unless you read every word of your report you have no idea is even before you today. It isn't anywhere summarized or mentioned. It is just a deletion of a word on line 76. Case number 6 on your agenda today, you deferred that case for the operator of the Bingo facility that burned down. That was advertised for 30 days in the newspaper, but he made the mistake of not putting his sign up in time. Why was it deferred? There was no opposition. Because we value public notice and public participation in the process. Your director this morning spoke glowingly at the participation that has occurred in the SGA areas and in the process at the Oceanfront, and what it has produced, because there has been a significant amount of public participation. When our Chesapeake Bay Preservation Area Ordinance was adopted, and like Mr. Macali, I was around back then too, and I was pretty involved back then because I had some concerns. I'll talk about those. That process took over a year. There were numerous public information meetings and meeting with affected property owners and groups. Public hearings before our elected body, the Virginia Beach City Council adopted the Virginia Beach Chesapeake Bay Preservation Area ordinance, one that goes far more deeply imposing on people to try to clean up water quality. Unlike Norfolk, which is identified as IDA, and all you have to do is reduce it by 10 percent, and you're good to go, Virginia Beach took a real broad brush and got as much under their umbrella as they possibly could. A number of us at time complained to Tom Moss, Hunter Andrews, Ken Stoley and others who were in the General Assembly at the time, that we were putting ourselves in a real predicament down the road because it was predictable that this bureaucracy that CBLAD would begin to try gain turf area. We were told they are there just to advise. Every locality can do their own thing. We don't want one size fits all. That is what we were told. All of us were told that. Virginia Beach did its own thing. And, we did a good job. Better than our sister cities. We are not Richmond. We're not Newport News, and we're not Norfolk. I'm on the Green Ribbon Committee that the City has put in place. I'm all for cleaning up the - water. But I'm also for doing things the right way. We actually have a better mousetrap than CBLAD. CBLAD is only concerned about their turf and getting more of it. Over the years, they have come down with more and more edicts. They are unelected, and they are unaccountable, both. No elected official has changed any law, yet our Chesapeake Bay Ordinance, which has been in effect for 18 years, and has been approved three times, at least by CBLAD, now all of a sudden doesn't comply. A swimming pool is not a driveway. A swimming pool is not a roof. And, our City Council did not say that a swimming pool is a pervious surface. Our City Council simply said that for the purpose of the Chesapeake Bay ordinance, a swimming pool, the water surface, not the decks, shall not be counted as impervious surface. That is different than saying it's pervious. Our Council specifically said that it should not be included as an impervious surface. Our Council elected by our citizens made that determination. Not a bureaucrat in Richmond, who is accountable to no one whatsoever. And that is what we have now. We have a bureaucracy that has on many, many Item #15 City of Virginia Beach Page 6 occasions over the course of the last 10 years, has threatened to sue Virginia Beach because we're not doing it their way. They haven't done it yet and I submit to each and every one of you they won't because we can define ourselves because we're doing more than the other localities are doing, and this is not about bureaucrats running our lives. It is about what's best for the bay deciding to tell someone that they can't have a pool. I'll give you an example. I was at Bee and Steve Fox house Friday afternoon. Bee is a former City Attorney in Virginia Beach. And, they have a problem, and they are on water on the tributary at the Lynnhaven River. Behind their house, their tributary is silted over, and it is silted over because there is a stormwater drainage pipe that runs between their property and the property next door that drains all of the public street, and all the houses that are not on the water, who can do whatever they want. They can put all the pools in. All the pervious surface in they want and it all the drains in the street and into their canal. It is all silted over. They on the other hand are on the water, and they are the ones who have to pay for it. They are not causing the problem. They got a swimming pool. You think that swimming pool is causing their problem? Heck no. It is not causing their problem. Not in any way shape, manner, or form is it causing; a problem. And we are imposing this regulation without the first person from CBLAD coming down here to Virginia Beach and telling us why it make sense to do it. But we're doing it without there being any notice of it anywhere in what's this report. The three people who spoken, we didn't know about it. I read this Monday afternoon, and found it in there. I would have never known it if I hadn't read every word of it. Folks! We can bring a whole bunch of people down here.. We didn't have enough time. What I'm asking this Commission to do is go ahead and approve all the other ones. The other ones are fine. There are nothing with it. But there needs to be public notice, and the opportunity for the public to be heard, the people who are impacted by this regulation that you're being told you have to adopt because someone up above said you had to adopt it. Not because anybody who was elected said so. I appreciate Mr. Macali's comments before. Let them sue us. But more importantly, have a dialogue. Involve the public. Let the people who are impacted, because unfortunately, it Ls a subset that is being these regulations, and the next one that is coming that CBLAD is trying to put down our throat is something that is called "trophic layering". Trophic layering is a concept that was adopted by a bunch of bureaucrats in act of their missions. Not the first public participation. They already got a guidebook out. When they adopt that, and they tell us we have to do it, you know what it says? Everybody in their backyard, not just put a canopy cover of trees up high, which is a good thing, you got to create a forest. A. multi -layered forest in your backyard blocking every bit of your view of the water in order to help benefit the water quality. I would submit that the benefit is not discernible versus all these thousand of drain pipes that we got that are dumping all the stormwater from all the roads, and from all the people who are not living on the water directly into the rivers and bays in this city. That will cost billions of dollars to retrofit. We don't have the money so we are just going to pile on the folks who happen to live on the water. If that even just involved people who have a lot of money on the water, it involves people who live on ditches and other drainage ways that actually get to the water without intervening physical improvements that are man made versus natural. Those are lot of those and they are not in high end beautiful neighborhoods either that are either impacted by these regulations. I'm very passionate about the fact that what's going on here is not the way to run the railroad. ]"in not in any way imposed of cleaning up the water. I'm in very much Item #15 City of Virginia Beach Page 7 imposed to the way this is being done and the heavy handed nature of it and the lack of public participation and elected official participation, and just sit back and hide. We'll we didn't know. We didn't know. Thank you. Sorry to so upset about it. It is pretty bad. Janice Anderson: Thank you Mr. Bourdon. Are there any questions for Mr. Bourdon? Mr. Bourdon, Al Henley as a question. Al Henley: Either Kay or the Assistant attorney can probably answer my question. When the City of Virginia Beach was developing this ordinance, and once we had a draft in place, wasn't this draft given to CBLAD so state officials can review? Bill Macali: Absolutely. Mr. Henley, with the author of the ordinance working with a bunch of people, I don't think perhaps, I think I would probably a little bit better than maybe to answer questions like that. Yeah. We did. We didn't have any opportunity at all to declare the city an intensively developed area. That was just beyond belief much less. Al Henley: The reason why I asked that questions is that if there was a problem, it was clearly in that packet of that information that CBLAD review this, and if my recollection is correct, and I've served one of the committees to review this, and submit that packet because of my involvement with the City at that time, but if I recall, CBLAD was delighted to see the City of Virginia Beach ordinance, and as Mr. Bourdon said earlier, because we had the best mousetrap than any other surrounding area of Chesapeake Bay. They were delighted because we were able to address those concerns and rightfully so. I tell you. There was a lot of comment. It was more than a year. I think it was like over two years I believe of public comment, City Council and we had an opportunity to review that, and to tweak it to make it what it is today. But, I think that the City of Virginia Beach ought to offer an opportunity for the general public that is going to be affected by this to review this, and have their comment at least on record. I'm going to be recommending that we defer this to allow, I guess for it to be deferred until the general public can have an opportunity. I can understand where the City is coming from, and you get CBLAD to say "hey you're in violation", and if you don't mend your ways, you're going to suffer the consequences. That is the bureaucratic way thing to do. That is the way democracy is formed. I think in do process until we find out the consequences on this. What's going to happen to the existing pools? Are they going to be grandfathered or are they going to be considered a violation? What consequences is that etc, etc, etc? Those are my comments. Janice Anderson: Thank you. Eddie Bourdon: If I could? Janice Anderson: Okay. Eddie Bourdon: If 1 indicated that the entire City of Virginia Beach could be an IDA, I don't think that is what intended to say. But I would suggest to you Mr. Macali that there parts of the City of Virginia Beach, including Lynnhaven Inlet that could absolutely qualify as an Item #15 City of Virginia Beach Page 8 IDA given what Norfolk and Portsmouth have qualified as IDAs. So, but that isn't really the issue. I don't even know if we have a disagreement on the issue but it has not only been approved by CBLAD initially but it has been approved three times subsequent to that. They have not ever come down here and spoken publicly to anybody about the thought process their deciding that our ordinance doesn't comply when our ordinance says it shall not for the purpose of the Chesapeake Bay Act be considered an impervious surface. I think the public deserves that. We all need to understand that if we give our right to govern ourselves, and that is what this is doing, we're going to have trophic layering thrown down our throats, and I hate to bring this up. With the Navy and what they have done to us, we should have learned that lesson. But we know there. We got a benefit. We get a benefit from them, bad as some as some of that stuff is. There is no benefit here. None when it comes to this pool situation. So, why are we going to give up our ability to self govern ourselves over something there is no benefit? If we were gaining a benefit and it was something you could point out and say this is what we're getting, it doesn't exist here. Janice Anderson: Thank you Mr. Bourdon. Barry Knight: Madame Chairman that is all the speakers that we have signed up for this item. Janice Anderson:: Okay. Thank you. I know that Al has spoken about a deferral. I'll just speak up. I don't think I'm in opposition to that suggestion. I think that might be good. The summary didn't really mention impervious cover but the write up did mention that this affected impervious cover. I believe even our City Attorney's here, Mr. Macali and Ms. Wilson are not real excited about the change but it has come with all the other ordinances that we saw today. We had about 4 or 5 of them that were a result of General Assembly action, of course, CBLAD responds a notice that we don't comply. So, I would also be in support of a deferral to see if the City can't work something out. Yes? Barry Knight: Madame Chairman. I wonder looking at the way the Commission is thinking would it be appropriate to defer the whole agenda item or would it be more appropriate to approve the agenda item with the deletion of that particular sentence that way we can get the bulk of us behind us, and maybe we can pass this ordinance and maybe we won't have such quite a big rush where we can public advertise it. Janice Anderson: Ms. Wilson. Mr. Knight wanted to make the one change not the deletion on line 76. Kay Wilson: Well, without the pool portion, it will not be found compliant with CBLAD's regulations. We were supposed to have this done by July 1, 2008. It has been discussed at the Chesapeake Bay Board, which is a public hearing just as your body is public hearing on how pools would now be counted once we got the ordinance changed as impervious cover. They would no longer be impervious cover. It is not the major surprise that Mr. Bourdon would have you believe came at this major point. He's discussed it for almost a year at the Chesapeake Bay meetings. I guess my question to you all would be is there a group that you Item #15 City of Virginia Beach Page 9 think this needs to be vented to more so than those who attend those meetings, and the public hearing here? Janice Anderson: I think that the summary does not mention there is change to the pool situation. The summary does not. So anybody who is looking at a summary would not have picked it up. If you look in our little summary here, it doesn't mention impervious cover, so I think this is a change. There is nothing that changed impervious cover really. It has always been a definition through the last 20 years. They just changed the pool issue. It's always exempted out. I think this is a change that people have relied on it. I do think that it needs to be given a little bit more time to address. I was just asking your preference, if there was any preference that you had rather then me defer the entire ordinance? Kay Wilson: I'm going to say to defer it all. Bill Macali: I'm not sure there is an easy answer. I think if the Board made it very clear that it is not recommending denial of the swimming pool impervious cover portion of it that it wouldn't that bad a thing to just approve the rest of the ordinance. Just ask that it come back in July for the hearing on the swimming pool thing just so CBLAD doesn't get the impression that we're not going to do it. Janice Anderson: Okay. Thank you. If it is the will of the Commission, we can go forward on the motion to approve the ordinance less the change on line 76. Bill Macali: Either way. We will not be found to be in compliance. Janice Anderson: I understand that. Bill Macali: If the Commission wants to do it that way there is really no reason why it can't do that. Janice Anderson: Okay. So that would be an option. Thank you. Barry Knight: Would you like me to make that a motion Ms. Anderson? Janice Anderson: If you would like. Yes. Barry Knight: I would like to make a motion to approve agenda 15 with the deletion starting on line sentence item 76. Impervious cover shall not include the "water surface of a swimming pool" and have it noted that would probably come up at a future meeting. Bill Macali: You need to direct that it come up in the July meeting. Barry Knight: I will direct it to come up at the July meeting for discussion of that particular sentence portion of it. Item #15 City of Virginia .Beach Page 10 Janice Anderson: Thank you Mr. Knight. I have a motion by Mr. Knight. Is there a second? Eugene Crabtree: I'll second it. Janice Anderson: A second by Gene Crabtree. Is there any further discussion? Al Henley: So, were going to be voting on the recommendation that he just stated? AYE 10 NAY 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved to amend Appendix F of the City of Virginia Beach Chesapeake Bay Preservation Are Ordinance with the deletion line item 76 regarding the impervious cover to come up at the July 2008 Planning Commission meeting. Is that right? Barry Knight: That is right. Eddie Bourdon: If I could, I would like to thank you all. I want to make something clear. I've never been to a CBLAD meeting. I don't know of any notice that anybody in Virginia Beach gets about a CBLAD meeting. I think that Ms. Wilson was referring to our Chesapeake Bay local board that involves decisions on individual properties. Janice Anderson: That is what I took her to say Mr. Bourdon. Thank you. ,JUN -18-2008 10:35 Frorn: To: ibt3 >bb( I'.C�"+ L. Preston Bryant, Jr. Secretary of Natural Resources MAY 15 2008 COMMONWEALTH of VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION 101 N. 14th Street, 17'" Floor Richmond. Virginia 23219-3684 PHONE: (804) 225-3440 FAX: (804) 225-3447 Mr. H. Clayton Bernick, III Administrator Environmental Management Center Operations Building, Room 115 2401 Courthouse Drive Municipal Center Virginia Beach, Virginia 23456 Dear Mr. Bernick and Msxson: May 13, 2008 Ms. B. Kay Wilson Associate City Attorney City of Virginia Beach Municipal Center, Building 1 2401 Courthouse Drive Municipal Center Virginia Beach, Virginia 23456 Joseph H. Maroon Director We have reviewed the City's response to address the nine compliance evaluation conditions as outlined in the resolution adopted by the Chesapeake Bay Local Assistance Board on June 18, 2007. The following is a summary of the Division's position with respect to the proposed ordinance revisions and actions to address the mine compliance conditions. Condition #1 For consistency with Section 9 VAC 10-20-120 3 of the Regulations and Section 106.A(17) of the City's Chesapeake Bay Preservation Ordinance, the City must require and ensure compliance with maintenance agreements for all structural stormwater BMPs. Division staff agrees that the proposed actions, revisions to Section 103 (definition of Best management practice, structural) and Section 106 (A)(I 7) of City Code Appendix F, would address this condition. Condition #2 For consistency with Section 9 YAC 10-20-150 C 1 of the Regulations, the City must amend Appendix A Section S (c) (Stormwater Management) to include the six required findings that must be considered when reviewing or approving waivers to the stormwater management requirements under Section 9 VAC 10-20-120 8 of the Regulations. Division staff agrees that the proposed action, revisions to Section 5(c) of Section 5 Appendix D, would address this condition - Condition #3 For consistency with Section 9 YAC 10-20-120 8, the City must ensure that the stormwater runoff criteria of the City's CBP ordinance are consistent with the requirements of the Virginia State Parks - Soil and Wales Conservation - Natural Heritage - Outdoor Recreation Planning Chesapeake Bay Local Assistance - Dam Safety and Floodplain Management 6 Land Conservation JUN -18-2008 10:35 Frorn: Mr. Bernick and Ms. Wilson May 13, 2008 Page 2 1 0: Stibbbb r r._), 4 Stormwater ]Management Law and Handbook. To accomplish this, the City should revise its CBP to correct its pre -development phosphorus load, require a stormwater plan to be submitted that provides the documentation of compliance with the stormwater quality requirements, apropriate engineering calculations, and that details the appropriate stormwater quality mitigation. Division staff agrees that the proposed action, to revise Section 106(A)(8)(a) of Section 5, Appendix D, would address this condition. For clarification, staff does suggest that the revised ordinance language read as follows: "For development, the post development nonpoint source pollution runoff load shall not exceed the predevelopment load based on average impervious cover (IVA) of naenty-five (25) percent." Condition #4 For consistency ivith Section 9 VAC 10-20-120 8, the City must ensure that all impervious surfaces are calculated for development and redevelopment projects, to include the surface area of all pools. Division staff agrees that the proposed action, revision of Section 106(A)(8)(d), will address this condition. Condition 45 For consistency with Sections 9 VAC 10-20-130 3 and 9 VAC 10-20-130 S (4) of the Regulations, the City must require re -vegetation of the buffer area as part ofpermitted tidal wetland activities. Division staff agrrees that the City's approach for requiring re -vegetation of the RPA buffer area when vegetation is removed for the installation of shoreline erosion control structures will address this condlition. The City's approach includes the replacement of any trees that are removed for the Installation of such structures, and a re -vegetation of the buffer area to include an equivalent area of five times the length of the erosion control structure. The approach further acknowledges that re -vegetation can occur anywhere within the 100 -foot RPA buffer area and will be installed ,so as not to infringe upon the integrity of the erosion control structure. Condition #6 .For compliance with Section 9 VAC 10-20-105 of the Regulations and Section 105 of the City's Chesapeake Bay Preservation Area Ordinance, the City must require site-specific analysis of onsite water bodies to determine whether such water bodies are perennial and adjust the Resource Protection Area boundaries as necessary. Division staff agrees that the City's response to this condition will address it. The City notes that it is interested in participating in an ongoing review of the water body with perennial flow protocol underway in James City County and further that the City will use Chesapeake Bay Local Assistance; Board guidance documents when reviewing any questionable water bodies for potential inclusion or exclusion as RPA features, Condition #7 For consistency with Section 9 VAC 10-20-150 C of the Regulations, and Section 110 (C) of the City's ordinance, the City must work with their Bay Board to provide both training and staff analysis that addresses the required findings for approving RPA exception requests. JUN -18-2008 10:36 From: 0 Mr. Bernick and Ms. Wilson May 13, 2008 Page 3 T o : 3855667 F.4/14 Division staff agrees that the City has taken appropriate steps to provide training to the City's Bay Board to ensure that the required findings are considered when reviewing and approving RPA exception requests. The City has undertaken a number of training sessions beginning in June of 2007 to review various aspects of the Bay Board's responsibilities. Division staff will continue to periodically attend City Bay Board meetings to monitor how the Bay Board deliberates and approves future RPA exception requests. Condition #8 The City's ,bay Board must cease approving multiple variance requests on individual properties, unless the requests clearly meet all required findings as outlined under Section 9 VAC 10-20-150 C I of the Regulations. Division staff has reviewed the City's response to this condition and agrees that the City has taken appropriate steps to address this condition. The City's response notes that the Bay Board has begun adding a condition that reads "It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support" as a means of ensuring that future requests for exceptions on a particular property are reviewed with the knowledge that the Bay Board was of the opinion that sufficient relief had been provided and no further variances should be granted. As this is a relatively new condition, Division staff will continue to periodically attend City Bay Board meetings to monitor how the Bay Board deliberates and approves future RPA exception requests. Condition #9 To fully comply with Section 9 VAC 10-20-I50 C I c of the Regulations in order to ensure that water quality is not degraded by approved variance requests, the City should establish a system of formal oversight for required mitigation for all approved variance requests. Division staff has reviewed the City's response to this condition. Staff notes that the City has provided additional clarification on its current building permit, site plan, wetlands project and/or zoning permit review process that includes review by CEPA staff to ensure that all prior variance conditions have been met on a given site. Based on this clarification, along with the revised ordinance amendments to ensure that all structural BMPs have maintenance agreements, Division staff agrees that the City's response to this condition will address it. If you have any questions about the contents of this letter or wish any additional clarification, please feel free to contact me at Shawn. Smith(-dcr.viainia.gov or through 1-800-243-7229. f look forward to completing the review of the compliance evaluation conditions and working with City staff on future Bay Act program. elements. Sincerely, �t � 4tU-,O,-,r Shawn E. Smith Principal Environmental Planner Cc: David Sacks, Assistant Division Director 1 AN ORDINANCE TO AMEND APPENDIX D — 2 STORMWATER MANAGEMENT, SECTION 5, PERTAINING 3 TO VARIANCES 4 5 SECTION AMENDED: SEC. 5, APPENDIX D 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 5 of Appendix D — Stormwater Management is hereby amended 10 and reordained to read as follows: 11 12 Sec. 5. Applicability 13 14 .... 15 16 (c) Variances. The applicant may submit a written request for a variance from any 17 requirement of this ordinance. The director may grant a variance in accordance 18 with the following criteria: 19 20 (1) The variance requested is the minimum necessary to afford relief. 21 Economic hardship is not sufficient reason to grant a variance from the 22 requirements of this ordinance; and 23 24 (2) The granting of the variance will not: 25 (i) Increase the flow rate of stormwater runoff; 26 (ii') Have an adverse impact on a wetland, channel, water body or, 27 upstream and/or downstream of a receiving body of water; 28 (iii) Contribute to the degradation of water quality; 29 (iv) Be of substantial detriment to adjacent property or adversely affect 30 the character of adjoining neighborhoods; or 31 (v) Otherwise impair attainment of the objectives of this ordinance. 32 33 Variances in the Chesapeake Bay Preservation areas shall also meet the 34 following additional criteria: 35 36 (1) Tie granting of the variance will not confer upon the applicant any special 37 privileges that are denied to other property owners who are subject to the 38 provisions of the Chesapeake Bay Preservation Area Ordinance and who 39 are similarly situated; 40 (2) The granting of the variance is in harmony with the purpose and intent of 41 the Chesapeake Bay Preservation Area Ordinance and is not of 42 substantial detriment to water quality; and 43 (3) Tlie request for a variance is not based upon conditions or circumstances 44 that are self-created or self-imposed. 45 46 47 48 49 50 51 52 53 54 55 56 57 COMMENT The granting of Stormwater Management variances in Chesapeake Bay Preservation areas requires that the issuance of such variances comply with both Stormwater requirements and CBPA regulations. The addition of the amendment's language will require the variances to be compliant with both Stormwater and CBPA regulations. The additional language adds further findings for those variances granted in CBPA areas. This addition is provided in response to Recommendation 2 of the CBLAB Compliance Evaluation, and its passage will bring the City into compliance with Recommendation 2. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2008. CA -10684 R-8 June 16, 2008 APPROVED AS TO CONTENT: Planning Lpdartment APPROVED AS TO LEGAL SUFFICIENCY: /V4/ - City Attorney's Office 2 1 AN ORDINANCE TO AMEND THE CHESAPEAKE BAY 2 PRESERVATION AREA ORDINANCE, PERTAINING TO 3 MAINTENANCE AGREEMENTS FOR STRUCTURAL BEST 4 MANAGEMENT PRACTICES AND POSTDEVELOPMENT 5 RUNOFF LOAD 6 7 Sections Amended: Chesapeake Bay Preservation Area Ordinance §§ 8 103 and 106 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Sections 103 and 106 of the Chesapeake Bay Preservation Area Ordinance 13 (City Code Appendix F) are hereby amended and reordained to read as follows: 14 15 .... 16 17 Sec. 103. Definitions 18 19 .... 20 21 Best management practice. A practice, or a combination of practices, determined 22 to be the most effective practicable means of preventing or reducing the amount of 23 pollution generated by nonpoint sources to a level compatible with water quality goals. 24 25 Best management practice structural. A best management practice that requires 26 the design and certification of a licensed design professional_ 27 28 Board. The Chesapeake Bay Preservation Area Board. 29 30 .... 31 32 Sec. 106. Performance standards. 33 34 .... 35 36 (A) General performance standards for development and redevelopment... 37 38 .... 39 40 (8) For any development or redevelopment, stormwater runoff shall be 41 controlled by the use of best management practices that achieve 42 the following results: 43 1 44 (a) For development, the postdevelopment nonpoint source 45 pollution runoff load shall not exceed the predevelopment 46 load based on average 47 2.72 pounds peF aGFe , Of yeaF and an equiv impervious 48 cover (IVA) of twenty five (25) percent 49 50 (b) For redevelopment, the nonpoint source pollution load shall 51 be reduced by at least ten (10) per cent of the existing load. 52 The City Manager may waive or modify this requirement for 53 redevelopment sites that originally incorporated best 54 management practices for stormwater runoff quality control, 55 provided that: 56 57 1. In no case may the postdevelopment nonpoint source 58 pollution runoff load exceed the predevelopment load; 59 and 60 61 2. Best management practice facilities shall be in good 62 working order and performing at the design levels of 63 service. The City Manager shall conduct a review of 64 the original structural design and the maintenance 65 plans of such facilities. The execution of a new 66 maintenance agreement may be required to ensure 67 compliance with these requirements. 68 69 (c) Predevelopment and postdevelopment loadings shall be 70 calculated by the same procedures as outlined by the 71 current Virginia Stormwater Management Handbook Manual. 72 Such calculations shall be appropriately documented. 73 74 (d) Calculations involving the percentage of site area under 75 impervious cover shall be based upon the lot area landward 76 of mean low water and wetlands. Impervious cover shall not 77 include the water surface area of a swimming pool. . 78 79 .... 80 81 (17) Where structural the best management practices are utilized 82 83 such maintenance shall be ensured by the City through a 84 maintenance agreement with the owner or developer 85 shall GeFtify yearly that ma'RtenaRGe has been aGE;GFnplish 86 87 88 2 89 90 COMMENT 91 92 The Chesapeake Bay Local Assistance Board is required by law to review local Chesapeake 93 Bay programs to determine whether such programs are in compliance with all applicable State 94 requirements. The Board has determined that the City's Chesapeake Bay Preservation Area 95 ordinance must be amended in the respects discussed below in order to be fully compliant. 96 97 Lines 25-' :6 add a definition for "structural best management practices." Lines 81-87 clarify 98 the requirement that all structural best management practices have maintenance agreements to - 99 ensure continued compliance and maintenance of the structure. These additions will clarify when 100 maintenance agreements are necessary. 101 102 Lines 46-447 deleted language that did not conform to the Virginia Stormwater Management 103 Law and Handbook, as is required by the State Chesapeake Bay regulations. This amendment will 104 bring the stormwater runoff load into compliance with the Handbook. 105 106 Line 72 requires that calculations of pre -development and post -development loadings be 107 documented. 108 109 110 Adopted by the Council of the City of Virginia Beach, Virginia, on this 111 day of , 2008. CA -10685 R-9 June 17, 2008 T APPROVED AS TO LEGAL SUM IENCY; Y L' ity Attorney's Office 3 L. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGTHS COMMISSION LOCAL FINANCE BOARD — GASB 45 OPEN SPACE ADVISORY COMMITTEE M. UNFINISHED BUSINESS N. NEW BUSINESS Schedule City Council Sessions for July and August July 1 Briefing, Informal, Formal, including Planning July 8 Briefing, Informal, Formal, including Planning July 9 — August 4 City Council Vacation August 5 Cancelled — "National Night Out" August 12 Briefing, Informal, Formal, including Planning August 19 City Council Workshop August 26 Briefing, Informal, Formal, including Planning O. ADJOURNMENT CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23, 2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN 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 *********** _T OF OUR Cit,"- - of Virgirzia Beach VBgov.com RUTH HODGES FRASER, MMC CITY HALL -BLDG. 1, STE.281 CITY CLERK 20 June 2008 2401 COURTHOUSE DRIVE PHONE (757) 385-4303- FAX (757) 385-5669 VIRGINIA BEACH, VIRGINIA 23456-9005 Honorable Mayor Members of City Council August S, 2008, is "NATIONAL NIGHT OUT" and your first meeting of the month. Neighborhoods throughout Virginia Beach and communities nation-wide will celebrate the TWENTY-FIFTH annual "America's Night Out Against Crime': National Night Out is held annually to heighten crime and drug prevention awareness; generate support and participation in local anti-crime efforts; strengthen neighborhood spirit and police community relations; and, send a message to criminals letting them know local communities are organized and are fighting back. Sessions: Therefore, following is the schedule for July and August City Council July 1 Briefing, Informal, Formal, including Planning July 8 Briefing, Informal, Formal, including Planning July 9 —August 4 City Council Vacation August S Cancelled August 12 Briefing, Informal, Formal, including Planning August 19 City Council Workshop August 26 Briefing, Informal, Formal, including Planning Since the "National Night Out" is not shown in the City Code under City Council Session, it is necessary for City Council to take the appropriate action. Respect ully yours Cc: City Manager City Attorney Ru Hodges Fraser, MMC City Council Agenda — June 24, 2008 City Clerk CITY OF VIRGINIA BEACH BRIEFING: SUMMARY OF COUNCIL ACTIONS A. EMPLOYEE/RETIREE HEALTH CARE Susan D. Walston Chief of Staff V O 1 DATE: June 10, 2008 M B L IV/V D C E L E D E-1 H CERTIFIED C R Y A W Y PAGE: l S 1 Y E J L N U N I T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D 1 BRIEFING: A. EMPLOYEE/RETIREE HEALTH CARE Susan D. Walston Chief of Staff IUIIU IV/V E-1 CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y F-1 MINUTES Informal/Formal Sessions June 3, 2008 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y B S T A I N E D G/H-1 PUBLIC HEARINGS: LICENSE of CITY PROPERTY No speakers Starbucks Corp at Ocean 31/241 Laskin Rd 2 LEASE OF CITY PROPERTY No speakers Kenneth Miller (t/a Yoder's Dairies of Tidewater) - Farmer's Market Space # 14 J..1 Ordinances re tax levy on Personal Property/ AMENDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Machinery/Tools: REPEALED a. AMENDED Calendar Year 2009, 07/01/2008 decreasing tax rate PROPOSED INCREASE b. AMENDED FY 2008-09 Capital Budget reducing General Fund C. TRANSFER/REDUCE EDIP by 51,281,316 2 Ordinance to AMEND § 6-12 of City Code re AMENDED 9-2 Y Y Y Y Y N N Y Y Y Y riding horses on beach CURRENT FRANCHISE AGREEMENT TO ALLOW NEW PILOT PROGRAM BEGINNING AFTER LABOR DAY AND ENDING 11/01/2008 CITY OF VIRGINIA BEACH Ordinance to ADD §21-322..1 to City Code re ADOPTED AS I t-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Veterans paid parking exemption REVISED, BY CONSENT V O I Resolution to REFER to Planning ADOPTED, BY DATE: June 10, 2008 Y Y Y Y Y M B Y L Y Y D CONSENT 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 O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O Y H L R Y S N F N A N D 3 Ordinance to ADD §21-322..1 to City Code re ADOPTED AS I t-0 Y Y Y Y Y Y Y Y Y Y Y Veterans paid parking exemption REVISED, BY CONSENT 4 Resolution to REFER to Planning ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Commission: CONSENT AMENDMENTS to §111/401/1001/1511/ 1521/ADD §223.1 to CZO re automobile museums 5 Ordinances re City's Employment Benefits: DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y 06/24/2008, BY a. ESTABLISH a TRUST, re Post- CONSENT Employment Benefits/Virginia Pooled OPEB Trust Fund b. AUTHORIZE participation in Virginia Pooled OPEB Trust Fund c. ESTABLISH/APPOINT a Local Finance Board d. APPROPRIATE $2,010,000 e. TRANSFER $3,000,000 re GASB 45 Retiree Health Liability compliance 6 Ordinance to AUTHORIZE a License ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreement with Starbucks Corporation CONSENT at Ocean 31, 241 Laskin Rd DISTRICT 6 — BEACH 7 Ordinance to AUTHORIZE lease of City- ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y owned property (Space #14) at Farmer's CONSENT Market with Yoder's Dairies of Tidewater, Inc. g Ordinance to AUTHORIZE extension to the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Purchase Agreement betwom City/LIFENET CONSENT 4 Resolution DIRECTING City Auditor conduct ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y financial/performance audit of ComIT CONSENT 10 Resolution to RECOGNIZE COMMEND the ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y United States Field Hockey Team for their CONSENT pursuit of GOLD in Beijing Olympics 11 Ordinance to AUTHORIZE ,acquisition of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 5720 Normandy Avenue re Avalon Woods CONSENT neighborhood park DISTRICT 2 — KEMPSVILLE CITY OF VIRGINIA BEACH Ordinance to APPOINT viewers for one (1) ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y year re closure of streets/alleys CONSENT 13 Ordinance to AUTHORIZE reimbursement of ADOPTED, BY V Y Y Y Y Y Y Y Y Y O Y I $2,147 re City Employee's legal fees for CONSENT DATE: June 10, 2008 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 Y Y T E D N O A D H U L W AGENDA E Z Y L N N O R E S O ITEM # SUBJECT MOTION VOTE P E E E E A R I V O O H L R Y S N F N A N D 12 Ordinance to APPOINT viewers for one (1) ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y year re closure of streets/alleys CONSENT 13 Ordinance to AUTHORIZE reimbursement of ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $2,147 re City Employee's legal fees for CONSENT expenses incurred in successful defense of official duties 14 Ordinances to REVISE categorical ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y appropriations for FY 2008-09 School CONSENT operating/Special Revenue Funds: a. Adjusted appropriations to School Operating Budget: 1. $ 550,719,456 Instruction 2. $ 43,235,324 Administration/ Attendance/Health 3. $ 30,954,363 Pupil Transportation 4. $ 92,403,639 Operations/Maintenance 5. $ 24,003,400 New School Technology Category 6. $ 2,865,738 Reduction in State revenue b. Adjusted appropriations to School Special Revenue Funds: 1. $3,815,945 School Instructional Technology 2. $1,837,129 School Equipment Replacement 15 Ordinance to APPROPRIATE $300,000 from ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Commonwealth reimbursement to FY 2007-08 CONSENT Sheriff's Special Revenue Fund re increased inmate population 16 Ordinance to APPROPRIATE $17,637 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y violation charge revenue of Chesapeake Bay CONSENT Preservation Ordinance to wetlands/coastal sand dune restoration/enhancement 17 Ordinance to TRANSFER $292,790 within ADOPTED/ 8-3 N Y Y N Y N Y Y Y Y Y Parks/Ree's FY2007-08 Operating Budget re SCHEDULED equipment for each Recreation Center FOR FUTURE CITY COUNCIL DISCUSSION/ CITY MANAGER TO REPORT: a) ACCOUNT- ABILITY, b) REFEREN- DUM STATUS and c) PARKS AND REC STRATEGIC PLAN CITY OF VIRGINIA BEACH APPOINTMENTS ARTS and HUMANITIES COMMISSION RESCHEDULED B Y C O N S E N SUMMARY OF COUNCIL ACTIONS U S BEACHES and WATERWAYS COMMISSION RESCHEDULED B Y C O N S E N S U S BIKEWAYS and TRAILS ADVISORY COMMITTEE RESCHEDULED V B Y DATE: June 10, 2008 O N S E N S O S IM HISTORIC PRESERVATION COMMISSION RESCHEDULED B Y C O N S B N L U S D RESCHEDULED B Y C E N L E N PAGE: 4 E D H RESCHEDULED C R Y A W N S S I S E J L N U N I AGENDA T E D N O A D H U L W ITEM # SUBJECT MOTION VOTE E Z Y L N N O R E S O p E E E E A R I V O O ll H L R Y S N F N A N D K APPOINTMENTS ARTS and HUMANITIES COMMISSION RESCHEDULED B Y C O N S E N S U S BEACHES and WATERWAYS COMMISSION RESCHEDULED B Y C O N S E N S U S BIKEWAYS and TRAILS ADVISORY COMMITTEE RESCHEDULED B Y C O N S E N S U S HISTORIC PRESERVATION COMMISSION RESCHEDULED B Y C O N S E N S U S HUMAN RIGHTS COMMISSION RESCHEDULED B Y C O N S E N S U S OPEN SPACE ADVISORY COMMITTEE RESCHEDULED B Y C O N S E N S U S L/M/N ADJOURNMENT: 7:16 PM ALL PLANNING ITEMS FOR JUNE WILL BE HEARD AT THE FORMAL SESSION ON TUESDAY, JUNE 24, 2008 CITY COUNCIL TWO-DAY RETREAT AUGUST 22-23,2008 8:30 AM - 5:30 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM TOWN CENTER