HomeMy WebLinkAboutOCTOBER 28, 2008 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF: At-Large
v7CE MAYOR LOUIS R. JONES, Bayslde - DistrIct 4
WILLIAM R. DeSTEPH, At-Large
HARRY E. DlEZEL, Kempsville - Distrlct 2
ROBERT M. DYER" Centerville - Distrlct I
BARBARA M. HENLEY, Prmcess Anne - Distrlct 7
REBA S. McCl.ANAN, Rose Ha/l- Distrlct 3
JOHN E. UHRIN, Beach - Distrlct 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -Distrlct 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LIllEY
Cl7Y ASSESSOR - JERALD BANAGAN
Cl7Y AUDITOR - LYNDON S. REMIAS
CITY CLERK - RUTH HODGES FRASER, MMC
OCTOBER 28, 2008
I. CITY COUNCIL BRIEFING
-Conference Room -
A. MINORITY BUSINESS COUNCIL- Annual Report
Ms. Delceno Miles, ChaIr
II. CITY MANAGER'S BRIEFINGS
A. FEDERAL HOUSING and ECONOMIC RECOVERY ACT (HERA)
Andrew Friedman - DIrector, Housmg and NeIghborhood PreservatIOn
B. CLEAN WATERS TASK FORCE- Update
Clay BernIck - AdmIll1strator, Environmental Management Center
III. COUNCIL COMMENTS
IV REVIEW OF AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL.Ctycncl@vbgov.com
1:30 PM
V INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Dale Burden
Senior Samts Pastor, Gateway Freewill Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F MINUTES
1. INFORMAL and FORMAL SESSIONS
October 14, 2008
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. SCHOOLS 2009 OPERATING and CAPITAL BUDGET - Amendment
2. INSTALLMENT PURCHASE AGREEMENT
AcqUisItion of Agricultural Land Preservation (ARP) Easement- 6465 Crags Causeway
I. CONSENT AGENDA
1. RESOLUTIONS/ORDINANCES
1. ResolutIOns to REFER to the Planning CommIssion for recommendatIOn:
a. AMEND ~203 of the City ZOll1ng Ordinance (CZO)re parkmg reqUIrements m the B-3 A
Pembroke Central Business Core DIstrict
b. Resort Area StrategIc Action Plan
2. ResolutIOn re the 2009 Community Legislative Agenda and REQUESTING support of same
by the City's local General Assembly Delegation
3. Resolution APPOINTING Dana Harmeyer as Assistant City Attorney, effectIve November 1,
2008
4. Resolution re Issuance of ReSIdential Care Facility Mortgage Revenue Bonds by the VirgmIa
Beach Development Authonty (VBDA), not to exceed $15,000,000, for Westmmster-Canterbury
of Hampton Roads, Inc.
5. Resolution to REQUEST a $450,000 Grant from the Commonwealth Transportation Board re
the Thalia Creek Greenway project
6. ResolutIOn to SUPPORT the Virginia MuniCIpal League's (VML) resolutIOn re Municipal
Access to Capital Markets to stimulate state and local economIes
7. Re Homeless families:
a. Ordinance to APPROVE the Plan to end Family Homelessness
b. Resolution to recogll1ze and express gratitude to the Dragas Family and ACCEPT a
$500,000 grant from the George and Grace Dragas Family FoundatIon
8. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement
with John A. and Mary Sandra Baum re an Agricultural Land PreservatIOn (ARP) easement at
6465 Crags Causeway
9 Ordinances to AUTHORIZE acquisition and the City Manager to execute all documents re:
a. 17.64 acres on General Booth Boulevard from the Commonwealth of VirgmIa for
$300,000 re Open Space
b. Property at 400 Atlantic Avenue and 205 4th Street from Winifred Murphy, Brenda 1.
Smith, Faye 1. Molnar and Forrest C. Ozburn for $1,500,000
c. .057 acre near the Lake SmIth Fishing StatIOn from Lauren Peyton Bell, Karen and Walter
Peyton, Jr. for $13,000 re Open Space
10. Ordinance to AUTHORIZE temporary encroachments into portIOns of City property for
Michael C. and VirgIll1a A. Maloney to construct and maintain a pier extenSIOn, four pile boat
lift, existmg dock and deck at 304 Teal Crescent (DISTRICT 7 - PRINCESS ANNE)
11. Ordinance to ACCEPT a Grant and APPROPRIATE $187,060 from the Office of
Commumty Oriented Policmg Services (COPS) re technology needs.
12. Ordinance to GRANT a no-interest loan and revise the 2004 payment schedule for the
Virginia Aquarium and Marine Science Center Foundation re a Joint renovation project
and APPROPRIATE the loan at $ I-Million
13. Ordinance to TRANSFER $69,869 to the Police Department re creatIon of an Animal Care
Shelter Manager position
K. PLANNING
1. Applications for the expansion of Nonconforminfl Uses: (DISTRICT 5 - L YNNHA VEN)
a. DR. ALAN W. and ELIZABETH MAHANES re alterations and additIOns to a cottage and
garage apartment at 108 A and B 55th Street
RECOM\1ENDA nON:
APPROV AL
b. MARTIN SCHARA re additIOn of a second story to the front dwelling and constructIOn of a
new two-story cottage in the rear of211 70th Street
RECOMMENDA nON:
APPROVAL
2. Application of GEORGE POWELL for a Conditional Use PermIt re bulk storage and a
building ,contractor's yard at 5512 Southern Boulevard (DISTRICT 2 - KEMPSVILLE)
RECOMMENDA nON:
APPROV AL
3. Applications of the CITY OF VIRGINIA BEACH to AMEND the City ZOll1ng Ordinance
(CZO) and the City Code re Workforce Housing:
a. ~2102 re definitions of "Affordable", "Area Median Income", "Workforce Housmg",
"Workforce Housing Ull1t"; deletmg "Qualified Buyer", "Qualified Renter" and ADDING
"Eligible Buyer" and "Eligible Renter"
b. Chapter 16, Article VIII, re definitions and program procedures
c. ESTABLISH a Revolving Special Revenue fund
d. CONSIDER program documents and provide for execution of legal instruments
RECOMMENDATION:
APPROV AL
I I
L. APPOINTMENTS
BEACHES AND WATERWAYS
COMMUNITY SERVICES BOARD
HISTORIC PRESERVATION COMMISSION
PARKS AND RECREATION COMMISSION
REVIEW AND ALLOCATION COMMITTEE (COG)
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
TIDEWATER REGIONAL GROUP HOME COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WORKFORCE HOUSING COMMITTEE (VBCDC)
M, UNFINISHED BUSINESS
N. NEW BUSINESS
o ADJOURNMENT
Citv Council Sessions for November and December 2008
November 4
November 11
November 18
November 25
Election Day - No Sessions
Veteran's Day - No Sessions
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
December 2
December 9
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
Comprehensive Plan
Open Houses
October,23, 2008
7:00 - 9:00 PM
Bayslde RecreatiOn Center
Dlstnct #4 Bayslde
Dlstnct #5 - Lvnnhaven
October 27,2008
7:00 - 9:00 PM
Cox High School
Dlstnct #5 - Lynnhaven
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
10/2&108/5t
www.vbgov.com
I. CITY COUNCIL BRIEFING
-Conference Room -
1 :30 PM
A. MINORITY BUSINESS COUNCIL - Annual Report
Ms. Delceno Miles, Chair
II. CITY MANAGER'S BRIEFINGS
A. FEDERAL HOUSING and ECONOMIC RECOVERY ACT (HERA)
Andrew Friedman - Director, Housing and NeIghborhood Preservation
B. CLEAN WATERS TASK FORCE- Update
Clay Bernick - Administrator, Environmental Management Center
III. COUNCIL COMMENTS
IV REVIEW OF AGENDA
V INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
III
.'".
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION: Reverend Dale Burden
Senior Saints Pastor, Gateway Freewill Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICA TION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
October 14, 2008
G. AGENDA FOR FORMAL SESSION
I I
H. PUBLIC HEARINGS
1. SCHOOLS 2009 OPERATING and CAPITAL BUDGET - Amendment
2. INSTALLMENT PURCHASE AGREEMENT
Acquisition of Agricultural Land Preservation (ARP) Easement- 6465 Crags Causeway
.
NOTICE OF PUBLIC HEARING
Amendment of FY 2009 Operating
Budget and Capital Improvement Program to ProvIde Additional
Funding for School Operations and Capital Projects
On Tuesday, October 28, 2008, the Virginia Beach City Council will hold a Public Heanng on a
proposed amendment to the FY 2009 School Operating Budget and the School Capital Budget.
The Public Hearing will be held at 6:00 p,m. In the City Council Chamber, second floor, City Hall
Building, MUniCipal Center, Virginia Beach, Virginia.
At this Heanng, the City Council will be voting on amendments to appropriate funding for the
Operating and Capital Budgets totaling $33,065,747 in Virginia Beach School Reversion Funds,
Of this $33,065,747, it IS proposed that such funds be made available for use In FY 2009 for the
follOWing School purpo~es:
~ School Opera1!!!9-Eund - Instr~ction Category
~ Reserve Account
~U1pment & Supplies
[SohooIOP''"'O F""' - Po UT""'portati"" C." '"
!,ubtotal School Operatin Fund:
I. Technology Fund
, New E UI ment & Software $578,807
Re lacement of outdated Com uters 763,500
'- Upgrades to Software systems & servers 436.500
~_~~?~ement of copiers & jJnnters _____ __ _~.__ 392,72~
I- Subtotal Technology Fund: $2,171,532 I
L_
~_cafeterla Fund $250,000
~--- ~--- -----+------.--:
I Subtotal Opera~ Budget 1~,565,7~1~
LVarlCJ.l:l~_Capital Projects I I
: 1-195 StudentData Management I $1,750,000 I
~ 1-211 School Operati.!!9, Budget Support ----L 1,000,000 I
'--- 1-103 Renovations & Replacements - Grounds Phase II i 375,000 '
L_l=.~ Renovations & Replacements - Various Phase II ;- 375,000 I
I Subtotal Transfer to Capital Pro~c:~s: _~_.-J1200,000 :
~--~ j ------1
L____~ Total ApP!.oflr~~Lon:L. $33,065,747 '
$ 24,798,747
1,570,693
774,775 I
$ 27,144~
This Hearing IS open to the public, and all Interested citizens will have an opportunity to be heard.
IndiViduals deSIring to proVide written comments may do so by contacting the City Clerk's office
at 385-4303, If you are phYSically disabled or Visually Impaired and need assistance at thiS
meeting, please call 385-4303; hearing Impaired, call Virginia Relay at 1-800-828-1120.
Ruth Hodges Fraser, MMC
City Clerk
301
SUNDAY, 1
L
I I
NOTICE OF PUBLIC HEARING ON
THE EXECUTION AND DELIVERY OF
AN INSTALLMENT PURCHASE
AGREEMENT FOR THE
ACQUISITION OF DEVELOPMENT
RIGHTS ON CERTAIN
PROPERTY BY THE CITY OF
VIRGINIA BEACH, VIRGINIA
Notice IS hereby given that the City Council of the
Sity of Virginia Beach, Virginia. will hold a Public Heanng
"lith respect to the execution and delivery of an
Installment Purchase Agreement for the acqUisition of an
agncultural land preservation easement with respect to
land located at 6465 Crags Causeway, In the City of
Virginia Beach, Virginia, pursuant to Ordinance No.
95-2319, as amended, known as the Agncultural Lands
Preservation Ordinance, which establishes an
agncultural reserve program for the southern portion of
the City designated to (a) promote and encourage the
preservation of farmland, (b) preserve open spaces and
the area's rural character, (c) conserve and protect:
enVIronmentally sensitive resources, (d) reduce and i
defer the need for major Infrastructure Improvements.
and the expenditure of public funds for such'
Improvements, and (el assist In shaping the character,
dIrection and timing of community development. Such
easement will be purchased pursuant to an Installment I
Purchase Agreement for an estimated maximum
purchase pnce of $667,246.00. The City's obligation to
pay the purchase pnce under the Installment Purchase'
Agreement IS a general obligation of the City, and the fun
faith and credit and the unlimited taxing power of the
City will be Irrevocably pledged to the punctual payment
of the purchase pnce and the Interest on the unpaid
pnnclpal balance of the purchase pnce as and when the
same respectively become due and payable. The Public
f-feanng, which may be continued or adjourned, will be
held by the City Council on October 28, 2008, at 6:00
p,m. In the City Council Chamber located on the 2nd
floor of the City Hall Building, 2401 Courthouse Dnve,
Irglnla Beach, Virginia. Any person Interested In this
11atter may appear and be heard.
CITY OF VIRGINIA BEACH, VIRGINIA
Ruth Hodges (=raser, MMC
City Clerk
I I
I. CONSENT AGENDA
J. RESOLUTIONS/ORDINANCES
1 ResolutIOns to REFER to the Planning Commission for recommendatIOn:
a. AMEND ~203 of the City ZOll1ng Ordinance (CZO)re parkmg reqUIrements m the B-3A
Pembroke Central Busmess Core Distnct
b. Resort Area StrategIc Action Plan
2. ResolutIOn re the 2009 Community Legislative Agenda and REQUESTING support of same
by the City's local General Assembly DelegatIOn
3. Resolution APPOINTING Dana Harmeyer as AssIstant City Attorney, effectIve November 1,
2008
4. ResolutIOn re Issuance of ReSIdential Care Facility Mortgage Revenue Bonds by the VirgmIa
Beach Development Authority (VBDA), not to exceed $15,000,000, for Westmmster-Canterbury
of Hampton Roads, Inc.
5 Resolution to REQUEST a $450,000 Grant from the Commonwealth TransportatIon Board re
the Thalia Creek Greenway proJect
6. Resolution to SUPPORT the Virginia Municipal League's (VML) resolutIOn re Municipal
Access to Capital Markets to stImulate state and local economIes
7. Re Homeless families:
a. Ordinance to APPROVE the Plan to end Family Homelessness
b. ResolutIOn to recognize and express gratItude to the Dragas Family and ACCEPT a
$500,000 grant from the George and Grace Dragas Family FoundatIOn
8. Ordinance to AUTHORIZE the City Manager to execute an Installment Purchase Agreement
with John A. and Mary Sandra Baum re an Agncultural Land Preservation (ARP) easement at
6465 Crags Causeway
9 Ordinances to AUTHORIZE acqUISItion and the City Manager to execute all documents re:
a. 17.64 acres on General Booth Boulevard from the Commonwealth of Virgima for
$300,000 re Open Space
b. Property at 400 Atlantic Avenue and 205 4th Street from Winifred Murphy, Brenda 1.
SmIth, Faye J Molnar and Forrest C. Ozburn for $1,500,000
c. .057 acre near the Lake Smith Fishmg Station from Lauren Peyton Bell, Karen and Walter
Peyton, Jr. for $13,000 re Open Space
10. Ordinam;e to AUTHORIZE temporary encroachments into portIOns of City property for
Michael C. and VirgmIa A. Maloney to construct and mamtain a pIer extenSIOn, four pile boat
lift, existing dock and deck at 304 Teal Crescent (DISTRICT 7 - PRINCESS ANNE)
11. Ordinance to ACCEPT a Grant and APPROPRIATE $187,060 from the Office of
Commurnty Oriented Policmg ServIces (COPS) re technology needs
12. Ordinance to GRANT a no-interest loan and reVIse the 2004 payment schedule for the
Virginia Aquarium and Marine Science Center Foundation re a Jomt renovatIOn proJect
and APPROPRIATE the loan at $ I-Million
13 Ordinanc:e to TRANSFER $69,869 to the Police Department re creatIOn of an Animal Care
Shelter Manager pOSItIon
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM:
A Resolution Referring to the Planning Commission an Ordinance to
Amend Section 203 of the City Zoning Ordinance Pertaining to
Parking Requirements in the B-3A Pembroke Central Business Core
District
MEETING DATE: October 28,2008
. Background: The parking requirements for the B-3A zOning district ("Town
Center") require three (3) parking spaces per one thousand (1000) square feet of gross
floor .area and no fewer than one and seven-tenths (1 7) spaces per dwelling unit. ThiS
mixed use development has varying parking needs and the fixed formula does not
always result In the correct number of spaces In the correct locations.
. Considerations: The proposed amendment authorizes the Planning Director to
determine the required number of spaces for each development. In making his
decIsion, the Planning Director shall determine the adequacy of the parking analysIs
prepared by a licensed professional engineer
ThiS Resolution refers to the Planning Commission the proposed amendment to
the City ZOning Ordinance.
. Public Information: Advertisement as a normal agenda item.
. Recommendations: Adoption of Resolution
. Attachments: Resolution and Ordinance pertaining to parking requirements
Recommended Action: Adoption of Resolution
Submitting Department/Agency: Planning K~
City Manager: 17. <1. \~ t--
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION AN ORDINANCE TO AMEND
3 SECTION 203 OF THE CITY ZONING ORDINANCE
4 PERTAINING TO PARKING REQUIREMENTS IN
5 THE B-3A PEMBROKE CENTRAL BUSINESS CORE
6 DISTRICT
7 WHEREAS, the public convenience, general welfare and good zOning practice so
8 require;
9
10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA.
12
13 That the above-entitled ordinance, a copy of which IS attached, IS hereby referred
14 to the Planning CommiSSion for its consideration and recommendation.
15
16 Adopted by the Council of the City of Virginia Beach, Virginia, on the
17 dalY of , 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
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CA 10899
R-1
October 17, 20Cl8
I I
1 AN ORDINANCE TO AMEND SECTION 203 OF THE CITY
2 ZONING ORDINANCE PERTAINING TO PARKING
3 REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL
4 BUSINESS CORE DISTRICT
5
6 WHEREAS the public necessity, convenience, general welfare and good zoning
7 practice so requires:
8
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
10 VIRGINIA.
11
12 That the City ZOning Ordinance IS hereby amended and reordamed by the
13 amendment of Section 203, to read as follows:
14
15 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO
16 ALL DISTRICTS
17
18 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET
19 PARKING AND OFF-STREET LOADING
20
21
22 Sec. 203. Off-street parking requirements.
23
24
25
26 (g) Notwithstanding any contrary provIsion of this section, within the ~
27 Pembroke Central Busmess Core Dlstnct and B-4C Central Business Mixed Use
28 Dlstnct, there shall be provided for nonresidential uses, except hotels and uses
29 accessory to hotels, no fewer than three (3) spaces per one thousand (1,000) square
30 feet of gross floor area, and for residential uses no fewer than one and seven-tenths
31 (1 7) spaces per dwelling unit. Parking requirements for hotels and uses accessory to
32 hotels shall be as specified m subsection (a). Withm the B-3A Pembroke Central
33 Business Core Dlstnct parklnQ requirements shall be determined In accordance with a
34 parklnQ analYSIS prepared by a licensed professional enQlneer The plannmQ director
35 shall determine the adequacy of the analYSIS and its compliance with the other
36 prOVISions of this section.
37
38 (h) Notwithstanding anything In this ordinance to the contrary, required off-street
39 parking for any use located on property within the B-3A Pembroke Central BUSiness
40 Core Dlstnct or B-4C Central BUSiness Mixed Use Dlstnct may be made available for
41 use by the general public as well as by the customers or patrons of such use, The
42 reqUired number and dimenSions of parking spaces shall be as specified m thiS sectIon:
43 and no parkmg space shall be used to satisfy the parkmg requirement of more than one
44 (1) establishment..-, except m the B-3A Pembroke Central BUSiness Core Dlstnct.
45
46 (i) Parking requirements for uses within the B-3A Pembroke Central BUSiness
47 Core Dlstnct or B-4C Central BUSiness Mixed Use Dlstnct may be satisfied by anyone,
48 or a combmation of, the following:
49
50 (1) On-site parking;
51 (2) Off-site parking facilities, as set forth In section 901 of this ordinance; or
52 (3) Public parking, if the Planning Director determines (i) that there IS at least a
53 sufficIent number of public parking spaces located within the same
54 development phase of the B-3A Distnct or B-4C Dlstnct as the proposed use
55 to meet public parking demands; (ii) that such public parking spaces are not
56 used to satisfy the parking reqUirements of any other use, and (iii) that the
57 use of such public parking spaces to satisfy the parking requirements of the
58 propoSE!d use, either wholly or partially, IS warranted In light of the follOWing
59 conSiderations:
60
61 A. The ext,ent to which the proposed use advances the goals and objectives of
62 the B-3A Pembroke Central Business Core Dlstnct or B-4C Central Business Mixed .Use
63 Dlstnct, as the case may be, as stated In section 900 of the City ZOning Ordinance;
64
65 8. The ext,ent to which the proposed use conforms to the Urban Design Plan
66 component of the Virginia Beach Central Business Distnct Master Plan if such proposed
67 use IS within the B-3A Pembroke Central Business Core Dlstnct or, if the proposed use
68 IS within the B-4C Central Business Mixed Use Dlstnct, the extent to which it conforms
69 to the Mixed Use Development GUidelines; and
70
71 C The amount of the projected tax revenue to be generated by the proposed
72 use and Improvements.
73
74 For purposes of this section, the term "parking requirements" shall mean the
75 number of off-streE~t vehicular parking spaces required by this section.
.76
77 COMMENT
78
79 This amendment will allow the Planning Director to more accurately determme the
80 required parking for the B-3A zoning district through the use of a parking analysis rather than
81 specific numerical requirements. This is needed because of the unique qualities of this mixed use
82 development.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
,
,
APPROVED AS TO CONTENT
CA 10888 / R-4 I October 20, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: A Resolution Referring the Resort Area Strategic Action Plan to the
Planning Commission for Consideration and Recommendation
MEETING DATE: October 28, 2008
. Background:
In December 2005, the City Council adopted an Oceanfront Resort Area Plan,
Resort Area Design GUidelines, and a number of related documents to the City
ZOning Ordinance. Concurrently, City Council directed staff to refine the content
of those documents to further refine and express the VISion for the Resort Area.
In June 2007, the City Council appropriated funds to secure a consultant to assist
staff, Resort Area stakeholders, and reSidents throughout the city In refinmg and
expressing that vIsion and In ascertaining measures necessary to Implement the
VISion. In October 2007, the City secured the services of Sasaki Associates.
Since that time, work has been underway consisting of site and data analysIs,
urban design evaluation, and community planning and design charrettes
InvolVing more than 350 participants. From this work, a preferred vIsion for the
Resort Area has been developed.
The Resort Area Strategic Action Plan was presented to the public for review and
comment on June 2, 2008. Suggestions from the public at that meeting were
Incorporated Into the VISion, and it was presented to the Planning Commission on
September 10 and to the City Council on October 14
. Considerations:
The attached resolution refers the Resort Area Strategic Action Plan to the
Planning Commission for their consideration at a public hearing, at which time, a
recommended action on the plan will be made and forwarded to the City Council.
A hearing by the Planning Commission has been tentatively set for November
12,2008.
. Recommendations:
Approval of the Resolution referrmg the Resort Area Strategic Action Plan to the
Planning Commission.
Resolution Refemng the Resort Area Strategic Action Plan
Page 2 of 2
. Attachments:
Resolution
Resort Area Strategic Action Plan presentation
Recommended Action: Approval ,f
Submitting DeI,"'rtmentlAgency: Planning Department A V'
City Manager: K. g. Li.vvL +- . ~
III
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION THE VIRGINIA BEACH RESORT
3 AREA STRATEGIC ACTION PLAN FOR
4 CONSIDERATION AND RECOMMENDATIONS
5 WHEREAS, the public convenience, general welfare and good zOning practice so
6 require;
7 WHEREAS, the Planning Department briefed City Council In regard to the
8 Virginia Beach Resort Area Strategic Action Plan on October 14, 2008 and presented
9 an action plan for the resort area which IS attached; and
10
11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
12 OF VIRGINIA BEACH, VIRGINIA.
13
14 That the Virginia Beach Resort Area Strategic Action Plan IS hereby referred to
15 the Planning Commission, for its consideration and recommendation.
16
17 Adopted by the Council of the City of Virginia Beach, Virginia, on the
18 . day of ,2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
~
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CA 10890
R-1
October 14, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Adopting the City's 2009 Community Legislative Agenda and
Requesting Members of the City's Local Delegation to the General
Assembly Sponsor and/or Support Legislation that Would Carryout the
Goals and Objectives Set Forth Therein
MEETING DATE: October 28, 2008
. Background: City Council has a tradition of presenting a Community Legislative
Agenda to the General Assembly each year This Agenda prOVides the Virginia Beach
Delegation with positions of the City Council on funding, legislation, public safety, and
other Issues that may be brought before the General Assembly ThiS item was deferred
by City Council from October 14, 2008 until October 28,2008.
. Considerations: ThiS Agenda was prepared based on Input from Council
Members, Department Directors, community leaders, and representatives from various
citizen groups.
. Public Information: Council Members Wilson and Villanueva, with the help
from staff, held an Informal public meeting on August 6, 2008 with community leaders
and representatives of various citizen groups, the City Council and the General
Assembly Delegation to obtain items for InclUSion In the 2009 Community Legislative
Agenda. An opportunity for public comment was held on September 23, 2008 In
Council Chambers.
. Alternatives: Do not adopt the 2009 Community Legislative Agenda.
. Recommendations: It IS recommended that City Council approve the attached
resolution that adopts the 2009 Community Legislative Agenda and requests the City's
local Delegation to the General Assembly sponsor and/or support legislation that would
carry out the goals and objectives set forth.
.
Attachments:
(1) Resolution
(2) 2009 Community Legislative Agenda
Recommended Action: Approval
Submitting Department/Agency: City Manager's Office
City Manager: \Co. \o. ~
1 A RESOLUTION ADOPTING THE CITY'S 2009
2 COMMUNITY LEGISLATIVE AGENDA
3
4 WHEREAS, the City Council traditionally adopts a Community Legislative
5 Agenda and re~quests member of the City's local delegation to the General Assembly
6 sponsor and/or support legislation therein; and
7
8 WHEREAS, the City Council has consIdered a number of goals and objectives
9 for Inclusion In the City's 2009 Community Legislative Agenda.
10
11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA.
13
14 That thE! City Council hereby adopts the City's 2009 Community Legislative
15 Agenda, which IS attached hereto as Exhibit A and IS hereby Incorporated by reference.
16
17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA.
19
20 That. the City's Delegation to the General Assembly IS hereby requested to
21 sponsor and/or support legIslation In the 2009 Session of the General Assembly that
22 would carry out the goals and objectives of the City as set forth In its Community
23 LegIslative Agenda.
24
25 BE IT FURTHER RESOLVED BY THE COUNCIL' OF THE CITY OF VIRGINIA
26 BEACH, VIRGINIA.
27
28 That the City Clerk IS hereby directed to transmit a copy of this resolution to each
29 member of the City's local Delegation to the General Assembly
30
31 Adopted by the City Council of the City of Virginia Beach, Virginia, this
32 day of , 2008.
APPROVED TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
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September 24,2008
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For Cit, COtJl1cH
2009 COMMUNITY LEGISLATIVE AGENDA
CITY OF VIRGINIA BEACH
TABLE OF CONTENTS
T ABLE OF CONTENTS -
PREFACE -
CITY OF VIRiGlNIA BEACH 2009 REQUESTED CODE OF VIRGINIA CHANGES -
1. Arrest or Issuance of a Summons by an Officer Based on the Observations
of a DIfferent Officer
2. Issuam:e of a Warrant in a DUI Case by an Officer Based on the
Observations of the Arresting Officer
3. DUI Cost Recovery Program
4. Raise ACCIdent Report Damage Threshold to $2500
5. Energy Conservation
6. CSA AdmInIstrative Allocation
7. Loss of Medicaid Eligibility for Teens in Foster Care WIth Earned Income
8. Prohibit PossessIOn of Firearms and Other Delineated Weapons in Mental'
Health FacilitIes
9. Allow VRS to Admmister the Other Post Employee Benefits (OPE B) Trust
10. Four Year State-Supported College in Virgill1a Beach
11. Capture of Sales Tax from Tourism Related Venue
12. Assessment for Courthouse ConstructIOn, Renovation or Mamtenance
13. Smoke: Free Restaurants
14. Expand DefinitIOn of Firearms to Include Replica and Gas & Air Weapons
15. Expand Tree Protection Legislative Authonty for ConservatIOn During
Land Development Process to Include Other Localities
16. ExpanSIOn of the Virginia Human Rights Act
17. ReVIse Chesapeake Bay Regulations to Include Water Features like Pools
and BMP's as Permeable Surfaces
CITY OF VIRGINIA BEACH FUNDING ITEMS-
1. Virgmia Aquarium & Marine SCIence Center-Ocean in Motion Aquanum
Truck
2. Virgmia Beach Convention Center Funding
COMMONWEALTH OF VIRGINIA FUNDING ITEMS-
1. Support for Regional Plan for Geropsychiatric Services
2. Suppol1 for Additional State General Fund Dollars for Mental Health and
Mental RetardatIOn
3. Funding for Public Health Services
4. Sandler Center for the Performing Arts
Page 1
Final for City COllJlcil /\.doptlon-October 28.2008
Page #
1-2
3-4
5-21
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22-24
23
24
25-30
25-26
26
27
28
5. Funding For the Virgmia Tourism Corporation
6. Support For Increased Funding For the Governor's Opportunity Fund
ApPENDIX: DRAFTS OF PROPOSED LEGISLATION - KEYED TO REQUESTED CODE
CHANGES
1. Arrest or Issuance of a Summons by an Officer on the Observations of a
Different Officer
2. Issuance ofa Warrant in a DUI Case Based on the Observations of the
Arrestmg Officer
3. DUI Cost Recovery Program
4. Raise Accident Report Damage Threshold to $2500
12. Assessment for Courthouse Construction, Renovation or Maintenance
14. Expand Definition of Firearms to Include Replica and Gas & Air Weapons
29
29-30
31-41
32
33-34
35
36
37
38-41
Page 2
Final for City COllncil Adoption-October 28.2008
2009 COMMUNITY LEGISLATIVE AGENDA
CITY OF VIRGINIA BEACH
PREFACE
The 2009 session of the General Assembly will take place during the second year of the
Commonwealth's adopted biennial budget and eight months before the statewide elections
for Governor, Lieutenant Governor, Attorney General, and all 100 House seats. Despite the
impending elections, we believe there are Important, ongomg Issues that must be addressed.
The most important and pressing challenge the City of Virgill1a Beach is facmg concerns
transportation.
When City Council adopted its 2008 LegIslative Agenda, that document was based on HB
3202's comnlltment to address funding for the regIOn's six major proJects. Unfortunately,
the State Supreme Court later found most of HB 3202 to be unconstitutional, leaving the
regIOn without the financial means to move forward wIth these proJects. In the meantime,
the need has been compounded by the addition of the Hampton Roads Bridge Tunnel to the
proJect list.
The result is that Route 460, the Southeastern Parkway and Greenbelt, 1-64 on the Peninsula
and SouthsIde, the Hampton Roads Third Crossing and the Hampton Roads Bndge Tunnel
may have to be removed from the regIOnal long-range transportatIOn plan because that plan
must be fiscally constrained by Federal law and regulatIOns.
For 2009, we are respectfully requesting that the General Assembly address this issue
quickly. A significant increase in funding will enable us to maintam roads that have fallen
into senous disrepair. Allocating dollars to the statewide funding program for urban,
secondary and primary roads, as well as tranSit, is also critical.
In the past, the State has increased funding for this baSiC public service so that the City could
provide for the transportatIOn needs of our citIzens. For example, in 1985 the City received
approximately $6 million per year in urban funding. By 2004, that figure had increased to
nearly $30 million per year. Yet the current SIX year plan will reduce our allocation to less
than $10 million per year. Considenng the growth in our transportation infrastructure and
the impact of mflation, it IS clear that the level of state funding for transportation is not
meetmg the needs of our CItIzens.
Finally, the City Council has consistently requested that the State provide $275 million per
year m ongoing funding through General Assembly action, as well as the ability to toll the
six maJor projects mentIOned above. According to Metropolitan Plannmg OrganIzation
(MPO) estImates, It IS likely that another $40 to $50 million per year will be needed to
supplement the tolls and the Hampton Roads Bridge Tunnel.
Page 3
Final for Cit;.' Council Adoption-October 28.2008
The City is also facing challenges in the area of education. As you are aware, education at
the K-12 level has always been a partnership between the Commonwealth and local
governments. During the 2008 session, there was a move to fundamentally change that
partnership by reducing future appropriations to local governments. This would have been
accomplished by changing the current standards of quality (SOQ's) and what IS included m
those standards.
The City currently spends almost $200 million in local tax dollars above what is required to
meet the standards of quality We believe this commitment IS necessary to provIde an
educatIOn for our children that will prepare them to compete successfully m the global
market place. They do not consider the teacher salary increases gIven by the Virginia Beach
School Board that are above and beyond the salaries provided by the General Assembly to be
part of the cost sharing between the Commonwealth and the City.
Furthermore, Delegate Joannou, a member of the Joint LegislatIve Audit and Review
Commission (JLARC), who is also a member of the House Appropriations Committee,
desires to cut state funding for the employer share of teachers' socIal security benefits. If
enacted, thIS would represent a significant decrease in state funding for education. Rather
than consIdering reducing its share of education funding, the General Assembly should
instead fully fund the true cost of the SOQs
In closing, the City Council repeats ItS request that the State fully fund the true cost of State
government services such as courts, correctIOns, mental health services and public health.
For several years, the City has paId a larger and larger share of these State responsibilities
because we must retain employees and provide critIcal services to our citizens. We ask that
the Commonwealth stop this trend of under-funding these Important and basic efforts.
Page 4
Final for City Council Adoption-October ':;8.1008
CITY OF VIRGINIA BEACH
2~009 REQUESTED CODE OF VIRGINIA CHANGES
1. ARREST OR ISSUANCE OF A SUMMONS BY AN OFFICER BASED ON OBSERVATIONS OF A
DIFFERE'IT OFFICER
Chief A.M Jacocks
Department of Police
Background Injormation:
The State Code authorizes an officer who has not observed a mIsdemeanor or traffic violation to
nevertheless stop and tIcket an offender for red light vIOlatIOns and speeding upon receipt of a
radiotransmIssion from the officer observing the violation (~ 46.2-833 and ~ 46.2-882).
Present traffic volume, especially m heavily populated jurisdictions, and the manner m which
highways are now being constructed, makes It extremely difficult for a single officer to positIOn
hIm or herself and the officer's police vehIcle at a place where the officer can both observe
infractions and then be able to promptly exit the location m order to stop the violator. While the
"team" policmg 'concept has been recogll1zed in other states, it has not been widely accepted in
Virginia.
Additionally, as the technology has become available, more and more police departments are
usmg camera systems to monitor critical, and vulnerable, areas of the community in an effort to
suppress cnminal actIvity Frequently officers mOll1tonng these real-tIme camera systems
observe criminal actiVIty and direct other officers to respond. Unfortunately, the responding
officers are usually unable to make any arrests, as they did not observe the origmal criminal
activity.
Request:
A. The City requests that the General Assembly expand the authority granted under ~ 46.2-833
and ~ 46.2-882 to allow an officer who has not observed a misdemeanor or traffic violation to
nevertheless stop and tIcket an offender for red light violations and speeding upon receipt of a
radio transmissIOn from the officer observmg the VIOlation.
B. The City also requests that the code be revised to allow officers to make an arrest or Issue a
summons based on the observations of another officer, regardless of whether observing officer
used a camera or similar device to VIew the conduct.
See Appendix It{:m 1 (page 32) for text of proposed legislative change.
Page 5
Final tl'!' City Council Adoption-October 28. 2008
2. ISSUANCE OF A WARRANT IN A DUI CASE BY AN OFFICER BASED ON THE
OBSERV A TlONS OF THE ARRESTING OFFICER
Chief A.M. Jacocks
Department of Police
Request:
The City requests that the General Assembly change Virgill1a Code ~ 19.2-81 to enable a police
officer to stop and arrest an intOXIcated driver and transfer that arrest to another police officer.
ThIS change would allow supervisors and specialized officers, such as K-9 and SWAT officers,
to remam available. The arresting officer or supervisor would still appear in court to testify
This recommended change is sImilar to the modificatIOn that was made several years ago to
allow marine police officers to transfer a boatmg under the mfluence VIOlation to another police
officer.
See Appendix Item 2 (pages 33-34) for text of the requested legislative change.
Page 6
Final for City COllncil AdoptIOn-October 28. 2008
3. DUI COST RECOVERY PROGRAM
Chief A.M Jacocks
Department of Po/ice
Request:
The City requests that the General Assembly change Virginia Code ~ 15.2-1716 to clarify the
DUI cost recovery program as it applies DUI arrests. The Attorney General has issued an opinion
that the current statute only applies in cases involving an accident (See, 2004 Op. Va. Atty. Gen.
68)
See Appendix It(~m 3 (page 35) for text of the requested legislatIve change.
Page 7
Fillal for City COlltlcil AJoptlon-October .28. .2008
4. RAISE ACCIDENT REPORT DAMAGE THRESHOLD TO $2500
Chief A,M Jacocks
Department of Police
Background Information:
State Code ~ 46.2-373 requires law enforcement officers to submIt an accIdent report if total
damage to all involved vehicles exceeds $1,000. This dollar amount was set approximately 10
years ago and is much too low based on the current cost to repair vehIcles.
Request:
The City requests that the General Assembly increase the required accIdent report damage
amount to $2,500. ThIS change would greatly reduce the amount of paperwork necessary at
mmor accident scenes, reduce the burden on the courts m their attempt to determine fault, and
reduce the time officers spend mvestigating mmor aCCIdents.
See Appendix Item 4 (page 36) for text of the requested legIslative change.
Page 8
Final for City Council Adoption-October 28. 2008
5. ENERGY CONSERVATION
Bob Matthias
Assistant to the City Manager
Office of the City Manager
Background Information:
This is a placeholder for a possible issue still being researched by staff. Staff is investigatmg
what authority local governments, including Virginia Beach, have to allow density credits for
energy efficient buildings, in addition to whether localities have any ability to require more
energy conservatIon in buildings constructed. Weare also examming whether the State can
allow tax rebates or credits, both at the state and local level, for those who build energy effiCIent
buildings. FinaIJ.y, the Commonwealth's Climate Change CommissIOn IS meeting next week as a
part of a series of meetmgs. We are following that Commission to see what recommendations
may come for both statewIde enabling legislation, and also enabling legIslatIOn for localities.
Page 9
Final for City Council Adoption-October 28,2008
6. CSA ADMINISTRATIVE ALLOCATION
Bob Monn
Department Director
Department of Human Services
Background Information:
The funding formula to carry out the provisions of the Comprehensive Services Act defines the
formula for local administrative costs based upon pool allocations from 1997. The maXImum
allocatIOn any locality can receive for administrative costs is $50,000. ThIS amount has not
mcreased in the past 8 years, despite continumg increases in the oversIght responsibilities of
CSA. FY 07 expenditures for CSA in Virginia Beach were $10,838,856, which required a
supplemental request of additional state and local dollars. For FY 08, the CSA allocation is
$11,771,757. Covering additional admmIstrative costs on top of the local share of any
supplemental request for child-specific services is an undue hardshIp.
Request:
The City requests that the General Assembly amend Title 2.2, Chapter 52 ofthe Code of Virginia
to eliminate the maximum administrative allocation of $50,000 m order to Improve localities
ability to meet the admmIstrative requirements of the CSA and to permit a maXImum amount
equal to 2% of the allocation to be used for admmistratIve costs.
Page 10
Final for Cit,y COllncil AdoptIOn-October 28. 2008
7. Loss OF MEDICAID ELIGIBILITY FOR TEENS IN FOSTER CARE WITH EARNED INCOME
Bob Monn
Department Director
Department of Human Services
Background Information:
Under current Virgill1a law, the local Department of SocIal Services must discontmue Medicaid
to a foster care child between the ages of 19 and 21 If the foster child earns more than $208.33 m
gross income per month. These foster children need to have the benefit of Medicaid to cover the
cost of theIr medical expenses, and they also need to have the opportUll1ty to earn income beyond
the current limitations. This law appears to be m direct conflict wIth the independent living
program for foster children, which was designed to assist children in foster care aged 16-21 in
becommg self-sufficIent. AchIeving the goal of self-sufficiency must include the opportUll1ty for
youth to earn income that will prepare them for survival in an independent living situation.
Request:
The City requests that the General Assembly amend title 32.1 of the Code of Virgill1a to allow
foster children h~tween the ages of 19-21 to be exempt from the income limItatIOn, thus allowmg
them to remain eligible for Medicaid. This would give older foster children the opportUll1ty to
earn the income necessary to achieve the goal of self-sufficIency.
Page 11
Final for City COllncil Adoption-October 28. 2008
8. PROHIBIT POSSESSION OF FIREARMS AND OTHER DELINEATED WEAPONS IN MENTAL
HEALTH FACILITIES
Bob Monn
Department Director
Department of Human Services
Background Information:
The General Assembly passed legislation m 2003 (codified at VirgIll1a Code ~ 15.2-915) which
prevents localities from prohibiting or restnctmg the carrying of weapons mto City buildings.
As a result, the City may no longer prohibIt people from bringing firearms mto the City's Mental
Health and Mental Retardation and Substance Abuse Services facilities.
Request:
Code of Virgmia ~ 18.2-308.1 prohibIts the possession of firearms and other delineated weapons
on school property. The City requests that the General Assembly enact a similar statute that
would prohibIt weapons on the premises of any Mental Health or Mental Retardation and
Substance Abuse facility that is operated by a governmental entIty, except when such weapons
are in the possession of licensed security personnel or law enforcement officers.
Page 12
Fillal for City COllllcil Adopt lOll-October 28. 2008
9. ALLOW VRS TO ADMINISTER THE OTHER POST EMPLOYEE BENEFITS (OPE B) TRUST
Patti Phillips
Department Director
Department of Finance
Background Information:
The 2007 General Assembly adopted SB789 which allows localities, school divisions, and
certain political subdivIsions to establish local trusts to fund post employment benefits other than
pensions (OPEB). The original bill mcluded the option of having VRS set up an OPEB trust for
localitIes, but thlts provision was stricken upon final passage. VRS was amenable to taking on
this task. It is still a good Idea for VRS to take on this role so that the trusts can be
professIOnally managed.
Request:
The City requests that the General Assembly amend the Code of Virgmia by adding m Chapter
15 of Title 15.2 an article numbered 8, consisting of ~~ 15.2-1544 through 15.2-1549 to mclude
the establishment and management of a pooled OPEB trust fund for localities by VRS.
Page 13
Final tor City CUllllcill\doptloll-October 28. 2008
II
10. FOUR YEAR STATE-SUPPORTED COLLEGE IN VIRGINIA BEACH
Marcy Sims
Department Director
Department of Public libraries
Background Information:
City Council has consistently been on record requestmg a four year State-supported universIty be
created withm the City of Virginia Beach.
Request:
The City recommends that the General Assembly investigate this request eIther through a study
done by the State Council of Higher Education (SCHEV) or some other agency addressing of
this issue.
Page 14
Final tor City Council AdoptIon-October 28, 2008
11. CAPTURE OF SALES TAX FROM TOURISM RELATED VENUE
James Spore
City Manager
Office of the City Manager
Background Information:
A number of localities, starting wIth Roanoke in 1995, have received authority from the General
Assembly to capture a portion of the sales tax generated in a specIfic public facility such as an
auditorium, a coliseum, a conventIOn center, or a conference center. These jurisdictions which
now mclude Norfolk, Richmond, Hampton, Newport News, Portsmouth, Salem, Staunton and
Suffolk can retain 3 Y2 % of the 5% sales tax generated wIthin a designated facility to pay debt
service. Virginia. Beach wishes to receive thIS authority for a similarly defined project.
Request:
The City requests that the General Assembly amend ~ 58.1-608.3 to add Virgmia Beach to the
localities that aln~ady have this authonty.
Page 15
Final for City Council Adoptlon-Octuber 28. .2008
I;,
12. ASSESSMENT FOR COURTHOUSE CONSTRUCTION, RENOV AnON OR MAINTENANCE
Catheryn Whitesell
Department Director
Department of Management Services
Background:
The legislation enabling localities to assess a fee for courthouse construction, renovation or
mamtenance in cIVil and criminal cases was enacted by the General Assembly in 1990. The
maximum fee amount of $2 has not been increased since then. An increase in the fee from $2 to
$10 would provIde the City more than $550,000 a year. ThIS money could be used to fund
. maintenance of existmg facilitIes or debt service for new facilities such as the much-needed Jail
annex.
Request:
The City requests the General Assembly amend the Code ofVirgill1a ~ 17.1-281 increase the fee
from $2 to $10.
See Appendix Item 12 (page 37) for text ofthe requested legislatIve change.
Page 16
Final for City COllncil AdoptIOn-October 28. 2008
13. SMOKE F'REE RESTAURANTS
City Council
City of Virgtma Beach
Background Information:
City Council requests the General Assembly to eIther prohibIt smoking in restaurants statewide
or adopt enabling legislation that would allow localities to prohibIt smoking in restaurants. The
City Council supports this legislation in the interest of public health, not only for the citizens
who might wish to go to a smoke free establishment, but also for hospitality workers who are
exposed to second-hand smoke in a smoking establishment. '
Request:
The City requests that the General Assembly prohibIt smoking in restaurants stateWIde or enact
legIslation to enable localities to prohibit smoking in restaurants.
Page 17
Final for City COllncil AdoptIon-October 28. 2008
14. EXPAND DEFINITION OF FIREARMS TO INCLUDE REPLICA AND GAS & AIR WEAPONS
Jim Wood
City Council Member
Background Information:
There have been mcreasing instances in WhICh Police officers have responded to situations where
an individual was usinglbrandishmg a "replica" firearm. These are instruments that are SImilar
m appearance to conventIOnal firearms but are toys or air- or gas-operated weapons. Many of
these instruments look so much like pistols or revolvers that a reasonable observer could
conclude that the instruments are firearms.
Request:
The City requests that the General Assembly amend the state code to expand the definition of
firearms in the sections relating to concealed carrying (~18.2-308), possession on school property
(~18.2-308.1), possessIOn/transportation by a felon (~18.2-308.2) and use/display of firearm in
the commISSIOn of a felony (~18.2-53 1) to include replica weapons and air- or gas-operated
weapons.
These requested changes may prompt the General Assembly's LegislatIve Services DiviSIOn to
revise Virginia Code ~ 15.2-9154. That code section authonzes localities to regulate the use of
"pneumatic guns," whIch is defined therein as "any implement, designed as a gun, that will expel
a BB or pellet by actIOn of pneumatic pressure."
See Appendix Item 14 (pages 38-41) for text of the requested legIslatIve changes.
Page 18
Final for City Council Adoption-October 28.2008
15. EXPAND TREE PROTECTION LEGISLATIVE AUTHORITY FOR CONSERVATION DURING
LAND DE VELOPMENT PROCESS TO INCLUDE OTHER LOCALITIES
City Council
City of Virginia Beach
Background:
A regIOnal Ecosystem AnalysIs of the Chesapeake Bay Watershed, sponsored by USDA, and AmerIcan
Forests, recommends developmg urban canopy goals to a 40% canopy overall. The City's current
Appendix E, Tn:e Plantmg, PreservatIon and Replacement Ordinance, limIts Virgmla Beach's
reqUIrement to a sliding scale that ranges from I % to 6% of canopy, depending upon the lot sIze m
reSIdentially zoned areas. In additIon, street trees are reqUIred m conjunction WIth new reSIdentIal
. subdiVISIOns. Non-resIdentIal tree plantmg reqUIrements are established on a case-by-case basIs through
the proVISIOns outlined m Section 5A Parkmg Lot and FoundatIOn Landscapmg, of Appendix C, Site Plan
Ordinance. ColkctIvely, these limItatIOns can be only be exceeded by encouragmg conservation,
reforestation, plantmg on public property, and by encouragmg prIvate plantmgs.
DUrIng the 2008 General Assembly seSSIOn, legIslation was adopted (HB 1437) prOVIding that localities
m Northern Virgulla may, by ordinance, reqUIre conservation of trees durmg the development process.
The bill also proVIdes that the tree conservatIOn ordinance may reqUIre that the site plan for any
subdiVISIon or devdopment prOVIde for the preservation and replacement of trees on the development sIte
such that the mmunum tree canopy or tree cover percentage 20 years after development IS projected to be
as follows: (i) 10 percent tree canopy for a sIte zoned bus mess, commercIal, or mdustrIal; (ii) 10 percent
tree canopy for a reSIdential sIte zoned 20 or more UllltS per acre; (iii) 15 percent tree canopy for a
reSIdential sIte zoned more than eIght but less than 20 UllltS per acre; (iv) 20 percent tree canopy for a
reSIdential sIte zoned more than four but not more than eIght units per acre; (v) 25 percent tree canopy for.
a reSIdential site :zoned more than two but not more than four units per acre; and (vi) 30 percent tree
canopy for a resldlentlal sIte zoned two or less UllltS per acre. Finally, the bill mandates that any tree
conservation ordinance proVIde for certam deVIatIOns from the canopy reqUIrements.
The urban forestry needs and goals of all mUOlclpalittes are SImilar, as outlined by the Virgmla
Department of Forestry With amendments to the enabling legIslatIOn to allow alllocalittes to Implement
tree conservatIon ordinances such as Northern Virgmla, local governments will be able to tailor
ordinances to spt:clfic local reqUIrements. The VirgmIa Urban Forest Council supports such an
amendment.
Expanding tree protection legIslative authority enables the City to move forward toward accomplishmg
Green Ribbon CommIttee recommendatIOns and to contmue to ramp up our sustamability/Go Green V A
IllItIatIves.
Request:
The City requests the General Assembly amend VirgmIa Code S 15.2-961.1 to proVIde that all localities,
not Just Northern VirgmIa, may Implement the above outlined reqUIrements, elimmatmg the "non
attamment area for aIr quality purposes" proVISIon that IS currently m the adopted legIslatIOn for Northern
Virgmla localities.
Page 19
Final for City Council AdoptIon-October 28.2008
II.
16. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT
Virginia Beach Human Rights CommissIOn
Background:
The Virginia Human Rights Act (Va. Code ~ 2.2-3900 et seq.) currently prohibits discnmination
based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical
conditions, age, marItal status, or disability. The City of Virginia Beach has prohibited the
aforementIOned since 1994.
Request:
The City requests that the General Assembly amend the Virginia Human Rights Act to also
prohibit discrimination based on sexual orientation.
Page 20
Final for City COllncil ^doptlon-October 28. 2008
17. REVISE CHESAPEAKE BA Y REGULATIONS TO INCLUDE WATER FEATURES LIKE POOLS
AND BMP's AS PERMEABLE SURFACES
City Council
City of VirKlma Beach
Background:
Title 9, Chapter 10 of the Virgill1a Administrative Code sets forth the regulations governing the
implementation and administration of the Chesapeake Bay Preservation Act (Sections 10.1-2100
through 10.1-2112 ofthe Code of Virginia). Section 120 and 130 of Chapter 10 establish
General Perfonnance Cntena and Development Criteria for Resource Protection Areas. It is the
position of the staff of the Department of Conservation and Recreation and the Chesapeake Bay
Local Assistanc{: Board that the surface area of swimmmg pools and BMP's be considered as
impervIOUS surfaces to fully comply with the intent of these regulations. The City is of the
opinion that the surface area of SWImming pools and BMP's in effect accomplish water quality
protection by reducing the amount of runoff withm the Chesapeake Bay Preservation Area and
therefore should not be conSIdered as impervious for the purpose of calculatmg storm water
runoff.
Request:
The City requests the General Assembly adopt a resolutIon requesting that the Virgmia
Department of Conservation and RecreatIOn and the Chesapeake Bay Local Assistance Board
amend Title 9, Chapter 10 of the Virginia Administrative Code to speCIfy water features like
pools and BMP's are considered as permeable surfaces for the purpose of calculating stormwater
runoff. Concum~ntly, City staff IS also contmuing efforts to attempt to address this Issue by
reachmg a mutually acceptable position that will negate the need for a regulatory change through
ongoing negotiatIons WIth the staff of the Virginia Department of Conservation and recreatIOn,
DIviSIOn of Chesapeake Bay Local ASSIstance, and WIth representatIves of the local development
commumty
Page 21
Final for City COllncil Adoption-October 28. 2008
CITY OF VIRGINIA BEACH
2009 FUNDING ITEMS
The City Council of Virginia Beach recognizes the Commonwealth, as well as the City, are
facing very difficult and trying fiscal realities. Nevertheless, the City Council is including
these requests for funding to the Commonwealth for non-state agencies, as well as State
responsibilitIes that are under funded. Many of these requests are long standing, others are
new; all merit funding by the Commonwealth when resources are available.
Page 22
Fillal for City Council AdoptIon-October 28.2008
1. VIRGINIA AQUARIUM & MARINE SCIENCE CENTER-OCEAN IN MOTION AQUARIUM TRUCK
Lynn Clements
Department Director
Museums
Background Information:
The VirgInIa Aquanum & Manne SCience Center requests $900,000 to support the Ocean In Motion
program, wh\C:h carnes manne sCience education to schools and festivals across the Commonwealth
of VirgInia. The current Ocean In MotIOn aquanum truck has been brIngIng live manne ammals and
mteractive programmIng to students SInce 200 I. In that time, we have reached 175,377 students from
the Coastal PlaIn to the far reaches of southwest VirgmIa. In 2006 alone, Ocean In Motion traveled to
more than 55 VirgInIa Cities across 21,900 miles to VISit 75 schools and 25,213 students.
As we face new environmental challenges such as global warmIng, schools must have resources such
as Ocean In .Motion to enhance their sCience curnculum and Inspire future sCientists. We proVide an
expenence that no textbook can duplicate - sea stars and horseshoe crabs to touch m the classroom
and natIve fishes to watch aboard the truck. Without thiS type of expenentIallearnIng, students do
not build emotIonal connectIons to the Bay and ocean, only mtellectual ones. According to RIchard
Louv In hiS book Last Child In the Woods: Saving Children from Nature DefiCit Disorder, IndiViduals
With emotIonal connections to the environment are the ones most likely to develop a strong
stewardship ethiC. ThiS funding would allow Ocean In MotIOn to contInue as a key educational
component for fostenng stewardship of the Chesapeake Bay and the ocean In our young people.
ThiS traveling aquanum allows Aquanum educators to reach students who might not have the
opportumty to see the ocean or the Chesapeake Bay In person. ThiS expenence IS cntical to
developIng "Bay and ocean literacy" In our citIzens. Ocean literacy IS an understanding of the
ocean's InflUi~nce on you and of your mfluence on the ocean. If you are ocean-literate, you
understand how the ocean functions, can commumcate about the ocean In a meanIngful way, and are
able to make Informed deCISIOns about the ocean and ItS resources. ThiS concept was developed In
2004 by 100 ocean sCience and education profeSSIOnals under the gUIdance of The National
GeographiC Society and NOAA. The work addresses the state of ocean and aquatic sCience In the
classroom: It IS one of the most "under-taught" subjects In K-12. The current reality IS that citizens
are not properly educated to deal With Issues related to the ocean and to the Chesapeake Bay, both of
which are Important resources to the state.
Request:
The VirgInia Aquanum IS askIng the General Assembly for $900,000 to:
. purchase Ii replacement Ocean In Motion vehicle outfitted with state-of-the art aquanums;
. upgrade the vehicle's onslte "dockIng" facilities;
. expand the holding systems for manne species used In outreach;
. And support the staffing cntIcal to the success of the program.
Mileage and salt water have started to take their toll on the eXisting vehicle, which will need to be
replaced wlthm two years. We will add a large "truck port" to protect the vehicle from the elements
and proVide shelter for staff dOIng weekly maIntenance. We plan to Increase the number of ammals
carned aboard the truck and will need additIonal holding space for them In our upcomIng Manne
Ammal Care facility Finally, the success of the program hInges on haVIng qualified staff to
coordinate With schools, conduct the programs, handle routIne vehicle maIntenance, and proVide care
to the ammals and life support systems.
Page 23
Final for City Council Adoption-October 28.2008
2. VIRGINIA BEACH CONVENTION CENTER FUNDING
James Ricketts
Department Director
Convention & Visitors Bureau
Background Information:
In January 2007, the City of Virginia Beach completed the new and award winning Virgmia
Beach Convention Center. The new facility replaced the obsolete Pavilion Convention
Center.
The old center had a total of 188,000 square feet and lacked the amenities essential for
today's meeting planners. The new facility has a total of 516,000 square feet. This includes
150,000 square feet of exhibitIOn space, over 31,000 sq. ft. of ballroom space and
approximately 29,000 sq. ft. of meetmg space. The total cost of the facility is
$202,571.000.00
The new convention center IS putting Virginia on the map as a viable convention state.
According to the Feasibility Study conducted by PricewaterhouseCoopers, the
Commonwealth will realize the following economic benefits: Incremental tax revenues (in
2002 dollars) $1.2 to $2 million annually, between 900 - 1,500 additional Jobsand between
$27 7 million - $44.8 million m incremental direct expenditures new to the Commonwealth
(not a transfer from other localities m the Commonwealth).
The economic Impact for Hampton Roads is $50.5 million to $79.3 million in incremental
direct expenditures and between 1,700 and 2,700 new jobs. This is in additIOn to the $2.1
million mcremental tax revenue to the City of Virginia Beach, $97 million m Sales and 1,900
additIOnal Jobs.
Request:
The General Assembly IS requested to provide the remamder of the $10 million, beyond what
has been appropriated. This is m keeping with the benefits to the Commonwealth based on
the amount of state tax revenue that will be generated from the new facility over a ten-year
period and the precedent set m State funding aSSIstance prOVIded to the RIchmond
Convention Center.
Page 24
Final for City Council AdoptIOn-October 28.2008
COMMONWEALTH OF VIRGINIA
2009 FUNDING ITEMS
1. SUPPORT FOR REGIONAL PLAN FOR GEROPSYCHIATRIC SERVICES
Bob Monn
Department Director
Human Services
Background Information:
Over the past several years, Eastern State Hospital has been undergoing a transformation from a
nearly 500 bed hospital to a planned 300 bed facility In 2006, plans for the demolitIOn of the
existIng hospital and reconstructIOn of two new and smaller facilitIes were announced. The first
phase of the project was to rebuild Hancock GerIatrIC Unit into a 150 bed facility, resulting in a
loss of approximately 70 beds. The new Hancock GerIatric Unit opened on 4/1/08. The resulting
loss of capacity for long term Inpatient services for this fragile and grOWIng population has led
the Executive Directors in Health Planning Region V (HPR V represents CSB's of ColOnIal,
Chesapeake, Eastern Shore, HamptonlNewport News, Middle Peninsula, Norfolk, Portsmouth,
Virginia Beach, and Western Tidewater) to research and assess the system of services that would
be necessary to serve thiS population In a community setting.
In early 2007" a task force was created to develop strategic recommendations for a regional plan
for geropsychIatric services in HPR V. Older Americans are the fastest growmg segment of the
population in the natIOn. In 2000, persons over the age of 65 made up 12.4% of the populatIOn.
By 2030, thiS number is estImated to be 25% (representIng over 70 million AmerIcans).
Virginia's seniors are grOWIng at a more rapid rate and are expected to reach the 25% level by
2025 The assumptions used in development of the proposed services recognIze that agIng in
place in the least restrictive environment is preferable and that in order to assure good
stewardship of the resources, consistent service outcomes and cost effective treatment must be
provided. The task force researched existing statistical data, current services, service gaps, and
documented need to develop a comprehensive system of care to meet the needs of the agIng
population in the region. There were a number of stakeholders, public and private, facility and
community based, including service recipients and caregivers that contributed to the
Identification of service needs that were included in the plan. The resultmg document outlines a
contInuum of care including inpatient, skilled nurSIng care, nursing home care, assisted living,
adult foster care, respite, intensive outpatient, partial hospitalization, day treatment and support
options, mobile outreach and triage, case management, and workforce development and traIning.
(A copy of the complete plan IS available upon request.) The proposed services are set up In a
menu format that allow for maximum effiCiency and placement across the region and can be
funded m a Iphased approach if necessary. The total funding request IS $7,371,578. This is
excluding antIcipated fees to cover remaIning costs.
Request:
During the last General Assembly Session, there was a Budget Amendment submitted that would
have provided substantial funding towards "more fully funding" systems of care m HPR V and In
Page 25
Final for City Council AdoptIOn-October 28. 2008
the Northern Virginia area (HPR II), and for funding the development of systems of care in the
remaining 5 regions of the state. Support is requested for resubmission of a budget amendment
to provide the proposed services as outlined in the HPR V Regional Plan for Geropsychiatric
ServIces.
2. SUPPORT FOR ADDITIONAL STATE GENERAL FUND DOLLARS FOR MENTAL
HEAL TO AND MENT AL RETARDATION
Bob Morm
Department Director
Human SerVices
Background Information:
There continues to be substantial need in the commull1ty for mental health, mental retardation
and substance abuse services, as evidenced by growmg waiting lists for community-based
care. There also continues to be substantial needs in child- care, housmg, employment, health
care, and transportation for low income and disabled families. Seniors represent the fastest
growing underserved population in Virginia. DHS staff, along WIth representatIves from
other CSB's in the region has recently completed a system of care plan for geropsychIatnc
services that will help to address the unmet needs of sell10rs who will no longer be able to be
served m a downSIzed Hancock Geriatric Center at Eastern State Hospital. (Copy of the full
plan is available upon request).
Request:
The City of Virgmia Beach is requesting that the General Assembly fully fund the mental
health, mental retardation, and substance abuse system to meet the needs of children and
adults on waiting lists for services. Funding is also requested to meet the needs of low-
mcome families to include child-care, affordable housing, employment, health care, and
transportatIon. AdditIOnally, the City requests that funds be made available to adequately
cover the cost of building community capacity as a result of downsizing Eastern State
HospItal and Hancock Geriatric Unit. Specifically, funding IS requested for the HPR V
RegIOnal Plan for GeropsychIatric ServIces. The total cost of the plan is $7.3 million dollars.
It is designed in a menu format that will allow for a phased in funding approach.
Page 26
Final for City Council AdoptIOn-October 28. 20G8
3. FUNDING FOR PUBLIC HEALTH SERVICES
Venita Newby-Owens, M.D., M.P.H.
Department Director
Department of Health
Background Information:
Costs to provide much needed servIces have steadily increased in Virgill1a Beach for public
health. Thes,e include not only the traditIOnal services to indigents but also servIces such as
vector control, identification of West Nile Virus, and weapons of mass destruction. The
dollars provided by the Commonwealth have become more inadequate over the years and the
dispanty between Virginia Beach per capita funding for public health care is woefully
inadequate compared to other cItIes. In order to improve child health and school readiness
and preventmg child abuse and neglect, equalized funding is requested.
Request:
The General Assembly IS requested to fully fund the Virgmia Beach Public Health
Department ~md equalize funding for Virginia Beach on a per capita baSIS to match Norfolk
and Portsmouth.
Page 27
Final for City Council AdoptIon-October ~8. ~008
4. SANDLER CENTER FOR THE PERFORMING ARTS
Emily Spruill
Cultural Arts Coordinator
Office o/Cultural Affatrs
Background Information:
The Sandler Center for the Performing Arts, a professional-quality 1300-seat, 84,000 square-
foot facility, is the cultural centerpiece of Virginia Beach, located at the core of the City's
emergmg Town Center. Opened in November 2007, the Center has enlarged spaces for
performances, public and performer support and give the opportunity to expand the type and
diversity of the performing arts programs m Hampton Roads and the State ofVirgmia.
The $47 million facility, built under the General Assembly's PPEA process, has a full range
of amenities, meeting the needs of today and tomorrow. As a tangible demonstration of theIr
commitment, the Virginia Beach City Council dedicated $35 million of City funds to the
project. Fundraising for capital and an endowment fund is being led by the Virginia Beach
Performmg Arts Center Foundation, a non-profit orgall1zation spearheaded by some of the
City's top civic and business leaders.
The Sandler Center for the Performing Arts will have a dramatic impact to the State of
Virginia's tax base, generatmg over $2.2 million for the construction phase and $35,500 in
annual State tax revenue. We ask the State to strengthen its commitment and investment to
the future of thIS cultural landmark and to the City as a whole, by appropriating $300,000 for.
the operations of the Center.
The new location at the excitmg Town Center development has become a defining asset for
social development for the City and Hampton Roads. It is a focal point for social activities
from educatIOn to the arts and entertaInment and illustrates the region's dedication to
furthering the cultural life of Its citizens.
Request:
The General Assembly is requested to appropriate $300,000 for the operations of the Sandler
Center for the Performing Arts.
Page 28
Fina! for City Council AdoptIon-October 28. 2008
5. FUNDING FOR THE VIRGINIA TOURISM CORPORATION
John Uhrm
City Council Member
Background Information:
The tourism industry plays an integral role m the Commonwealth's economy. Travelers
spent $18.7 billion, which generated $1.2 billion m State and local tax revenue in 2007 This
spending accounts for over 210,000 Jobs m Virginia. The City of Virgmia Beach is greatly
concerned over recent discussions regarding the possible further reductions of the budget for
the Virginia Tounsm Corporation (VTC). The VTC budget has already decreased over the
past five years where many of our direct competitor States have mcreased their marketing
budget. Further budget cuts would have a serious negatIve impact on tounsm and Its related
tax revenue. It's Important to note that the general fund dollars devoted to VTC marking
those efforts unlike most other State expenditures generate a strong return on investment
yielding a $5,00 return for every dollar invested.
Request:
The City of VirgInia Beach encourages the General Assembly to preserve and enhance, when
possible, the Virginia Tourism CorporatIOn's current budget and further develop a long-term
sustainable funding source for theIr marketing budget in order to protect thIS VItal industry.
6. SUPPORT FOR INCREASED FUNDING FOR THE GOVERNOR'S OPPORTUNITY FUND
City Council
City of Virginia Beach
Background Information:
The General Assembly has for many years had a line Item m the budget appropriatmg funds
for the Govemor's Opportunity Fund (GOF). ThIS fund, also known as the "Deal-Closing"
Fund, prOVIdes loans and grants to political subdivisIOns for economic development
purposes. These can be used for public or private utility extensions, capaCIty development
for on or off SIte railroad or other transportation costs, site acquiSItion, trainmg, etc. The City
of Virginia Beach has used the GOF over the last five years to leverage over $237 million in
new capItalm.vestment. This investment created over 2,392 high paying Jobs. In the current
fiscal year, $7.6 million is appropriated and $7.5 million has been appropnated m the second
year. The City Council desires to have these amounts at least doubled so that more funds can
be available to assist local governments like Virginia Beach. The increase m this fund is
partIcularly Important this time, In as much as the General Assembly has earmarked large
amounts of the funds available to be deposited to the semiconductor memory or logic wafer
Page 29
final for City Council Adoption-October 28.2008
manufacturing performance grant program. Other earmarks have also reduced the amount of
money available for economic development generally throughout the Commonwealth.
Request:
The General Assembly is requested to increase, by at least 100%, the amount of funds
appropriated to the Governor's Opportunity Fund or "Deal-Closing" Fund. This will allow
jurisdictions like Virgill1a Beach to leverage local and private dollars to greatly facilitate
economic development growth WIthin the Commonwealth.
Page 30
Final for City Council AdoptIon-October 28_ 2008
APPENDIX: DRAFTS OF PROPOSED LEGISLATION - KEYED TO
REQUESTED CODE CHANGES
Page 31
Final for City COllllcil AdoptIon-October 28. 2008
LEGISLATIVE ITEM 1
ARREST OR ISSUANCE OF A SUMMONS BY AN OFFICER BASED ON THE
OBSERVATIONS OF A DIFFERENT OFFICER
Chief A.M Jacocks
Department of Police
~ 19.2-81. Arrest without warrant authorized in certain cases - The following officers
shall have the powers of arrest as provided m this section:
1 Members of the State Police force of the Commonwealth,
2. Shenffs of the various counties and cities, and theIr deputIes,
3. Members of any county police force of any duly constituted police force of any CIty or
town,
4. The CommissIOner, members and employees of the Manne Resources Commission
granted the power of arrest pursuant to ~ 28.2-900,
5. Regular game wardens appointed pursuant to ~ 29.1-200,
6. Ull1ted States Coast Guard and United States Coast Guard Reserve commIssioned,
warrant, and petty officers authorized under ~ 29.1-205 to make arrests, and
7. The special policemen of the counties as provided by ~ 15.2-1737, proVIded such officers
are in uniform, or displaymg a badge of office.
Such officers may arrest, wIthout a warrant, any person who commits any crime in the
presence of the officer and any person whom he has reasonable grounds or probable cause to
suspect of having committed a felony not m his presence.
Such officers also may arrest, without a warrant, any person who commits any
misdemeanor or traffic infraction as defined by the State Code, or similar local ordinance,
if the officer has received a radio message from another officer who observed the violation
with or without the assistance of a camera or similar device. Such radio message shall
have been dispatched immediately after the alleged offense was observed and positive
identification of tile alleged offender is provided to tile arresting officer. Tile arresting
officer shall then proceed as if the offense was committed in his presence in accordance
with ~ 19.2-74. If a summons is issued in lieu of an arrest, the names of both the arresting
officer and the observing officer shall be included on the summons.
Page 32
Final for City Council AdoptIon-October 28. 2008
LEGISLATIVE ITEM 2
ISSUANCE OF A WARRANT IN A nUl CASE BY AN OFFICER BASED ON THE
OBSE:RV A T10NS OF THE ARRESTING OFFICER
Chief A.M Jacocks
Department of Police
~ 19.2-81. Arrest without warrant authorized in certain cases. The following officers
shall have the powers of arrest as provided m this section:
1. Members of the State Police force of the Commonwealth;
2. Shenffs of the various counties and cities, and their deputies;
3. Members of any county police force or any duly constituted police force of any city or
town of the Commonwealth;
4. The Commissioner, members and employees of the Marine Resources Commission
granted the power of arrest pursuant to ~ 28.2-900;
5. Regular conservatIon police officers appomted pursuant to ~ 29.1-200;
6. United States Coast Guard and Ull1ted States Coast Guard Reserve commIssioned,
warrant, and petty officers authorized under ~ 29 1-205 to make arrests;
7 The specllll policemen of the counties as provided by ~ 15.2-1737, provided such officers
are in unifonn, or displaying a badge of office; and
8. Conservation officers appomted pursuant to ~ 10.1-115
Such officers may arrest, without a warrant, any person who commIts any cnme in the
presence of the officer and any person whom he has reasonable grounds or probable cause to
suspect of having commItted a felony not in his presence.
Any such officer may arrest without a warrant any person whom the officer has probable
cause to suspect of operating in /,is presence either a vehicle while intoxicated in violation
of 18.2-266, 18.2-266.1, 18.2-272, or 46.2-341.24; or a watercraft or motor boat (i) while
intoxicated m VIOlation of subsection B of ~ 29.1-738 or (ii) in VIolation of an order issued
pursuant to ~, 29.1-738.4.; in his ]Jl'esence, 8nd may thereafter transfer custody of the person
suspected of the violation to another officer, who may obtain a warrant based upon
statements made to him by the arresting officer.
Page 33
FillJl for City Coullcil AdoptIon-October 28.2008
Any such officer may, at the scene of any accident involvmg a motor vehicle, watercraft as
defined in ~ 29.1-712 or motorboat, or at any hospItal or medical facility to which any person
involved m such accident has been transported, or in the apprehension of any person charged
with the theft of any motor vehicle, on any of the highways or waters of the Commonwealth,
upon reasonable grounds to believe, based upon personal investigation, including information
obtamed from eyewitnesses, that a crime has been committed by any person then and there
present, apprehend such person without a warrant of arrest. In additIOn, such officer may,
within three hours of the occurrence of any such accident involving a motor vehicle, arrest
without a warrant at any location any person whom the officer has probable cause to suspect
of driving or operating such motor vehicle while intoxicated m violation of ~ 18.2-266, 18.2-
266.1, 46.2-341.24, 18.2-272, or a substantially similar ordinance of any county, CIty, or
town m the Commonwealth.
Page 34
Final for City Council Adoption-October 28.2008
LEGISLATIVE ITEM 3
nUl COST RECOVERY PROGRAM
Chief A.M Jacocks
Department of Police
~ 15.2-1716. Reimbursement of expenses incurred in responding to DUI incidents and
other traffic incidents.
A. Any locality may provIde by ordinance that a person convicted of violatmg any of the
following provlSlons shall be liable for restitution at the time of sentencmg or in a separate
civil action to the locality or to any responding volunteer fire or rescue squad, or both, for
reasonable expenses incurred by the locality for responding law enforcement, firefightmg,
rescue and emergency services, including by the sheriffs office of such locality, or by any
volunteer fin~ or rescue squad, or by any combmation of the foregomg, when providing an
appropriate emergency response to any aCCIdent, incident related to such violation or the
arrest o/the .individual/or such violation.
1. The provisions of ~ 18.2-51 4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-738.02, 18.2-272 or a
similar ordinance, when such operatIOn of a motor vehicle, engine, train or watercraft while
so Impaired is the prOXImate cause of the accident or inCIdent;
2. The proviSIOns of ArtIcle 7 (~ 46.2-852 et seq.) of Chapter 8 of Title 46.2 relating to
reckless driving, when such reckless driving is the proXImate cause of the accident or
incident;
3. The provisions of Article 1 (~ 46.2-300 et seq.) of Chapter 3 of Title 46.2 relating to
dnving WIthout a license or driving with a suspended or revoked license; and
4. The provlSlons of ~ 46.2-894 relatmg to improperly leavmg the scene of an accident.
B. Personal liability under this section for reasonable expenses of an appropnate emergency
response shall not exceed $1,000 in the aggregate for a particular aCCIdent or mcident
occurring in such locality In determinmg the "reasonable expenses," a locality may bill a flat
fee of $250 or a mmute-by-minute accounting of the actual costs mcurred. As used m thIS
sectIOn, "appropriate emergency response" mcludes all costs of proVIding law-enforcement,
fire-fighting, rescue, and emergency medical servIces. The court may order as restitutIOn the
reasonable expenses mcurred by the locality for responding law enforcement, fire-fighting,
rescue and emergency medical services. The provisions of thIS sectIOn shall not preempt or
limit any remedy available to the Commonwealth, to the locality or to any volunteer rescue
squad to recover the reasonable expenses of an emergency response to an accident or incident
not mvolving impaIred dnvmg, operation of a vehIcle or other conduct as set forth herein.
Page 35
Final tor City Council AdoptIon-October ~8. 2008
LEGISLATIVE ITEM 4
RAISE ACCIDENT REPORT DAMAGE THRESHOLD TO $2500
ChIef A.M Jacocks
Department of Police
~ 46.2-373. Report by law-enforcement officer investigating accident.
Every law-enforcement officer who in the course of duty investigates a motor vehicle
accident resultmg m injury to or death of any person or total property damage to an apparent
extent of $.J.()f)I) $2500 or more, eIther at the time of and at the scene of the accident or
thereafter and elsewhere, by mtervIewing participants or witnesses shall, within' twenty-four
hours after completing the investigation, forward a written report of the accIdent to the
Department. The report shall include the name or names of the insurance carrier or of the
insurance agent of the automobile liability policy on each vehicle involved m the accident.
Page 36
Final for City COllncil Adoption-October 28. 2008
LEGISLATIVE ITEM 12
ASSESSMENT FOR COURTHOUSE CONSTRUCTION, RENOVATION OR MAINTENANCE
Catheryn Whitesell
Department Director
Department a/Management Services
~ 17.1-281. Assessment for courthouse construction, renovation or maintenance.
Any county or CIty, through its governing body, may assess a sum not m excess oftwe ten
dollars as part ofthe costs in (i) each cIvil actIOn filed m the district or circUIt courts located
within its boundaries and (ii) each cnmmal or traffic case in its district or CIrcuit court m
which the defendant is charged wIth a violation of any statute or ordinance. The total
assessments authorized by any county or city in a cIvil actIOn pursuant to this section and ~
42.1-70 shall not exceed four dollars. Ifa town prOVIdes court facilities for a county, the
governing body of the county shall return to the town a portion of the assessments collected
based on the number of civil, criminal and traffic cases onginating and heard m the town.
The imposition of such assessment shall be by ordinance of the governing body whIch may
proVIde for different sums in CIrCUIt courts and district courts. The assessment shall be
collected by the clerk of the court m whIch the action is filed, remitted to the treasurer of the
appropnate county or city and held by such treasurer subJect, to disbursements by the
governmg body for the construction, renovation, or maintenance of courthouse or jail and
court-related facilitIes and to defray mcreases in the cost ofheatmg, cooling, electricity, and
ordinary maintenance.
The assessment provided for herem shall be in addition to any other fees prescribed by law
The assessment shall be required m each felony, misdemeanor, or traffic infraction case,
regardless of the eXIstence of a local ordinance requiring its payment.
Page 37
Final for City Council Adoption-October 28.2008
LEGISLATIVE ITEM 14
EXPAND DEFINITION OF FIREARMS TO INCLUDE REPLICA AND GAS & AIR
WEAPONS
Jim Wood
City Council Member
~ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.
A. If any person carries about his person, hidden from common observation, (i) any pistol,
revolver, or other weapon designed or mtended to propel a missile of any kmd by actIOn of
an explosIOn of any combustible material or any air or gas operated weapon or any object
similar in appearance; (ii) any dirk, bowie knife, switchblade knife, ballistIc knife, machete,
razor, slingshot, spring stick, metal knucks, or blackJack; (iii) any flailing mstrument
consisting of two or more rigid parts connected m such a manner as to allow them to swing
freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fightmg
chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades
which IS designed to be thrown or propelled. and which may be known as a throwmg star or
onental dart; or (v) any weapon of like kind as those enumerated m thIS subsection, he shall
be guilty of a Class I misdemeanor. A second violation of this section or a conviction under
this section subsequent to any conviction under any substantIally SImilar ordinance of any
county, city, or town shall be pUll1shable as a Class 6 felony, and a third or subsequent such
violation shall be pUll1shable as a Class 5 felony For the purpose of this section, a weapon
shall be deemed to be hidden from common observation when it IS observable but is of such
deceptive appearance as to disguise the weapon's true nature.
~ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property
prohibited.
A. If any person possesses any (i) stun weapon as defined in this sectIOn; (ii) knIfe, except a
pocket knIfe havmg a folding metal blade of less than three inches; or (iii) weapon, mcluding
a weapon of like kmd, deSIgnated in subsection A of ~ 18.2-308, other than a firearm; upon
(a) the property of any public, private or religious elementary, mIddle or hIgh school,
including buildings and grounds; (b) that portion of any property open to the public and then
exclusively used for school-sponsored functions or extracurricular activitIes while such
functIons or activitIes are taking place; or (c) any school bus owned or operated by any such
school, he shall be guilty of a Class 1 misdemeanor.
B. If any person possesses any fireann designed or Intended to expel a proJectile by action of
an explOSIOn of a combustible material or any air or gas operated weapon or any object
similar in appearance, whether capable of being fired or not, in such manner as to
Page 38
Fill<ll tor City Coullcill\doptloll-October ~8. ~008
reasonably induce fear in the mind of another while such person is upon (i) any public,
private or religious elementary, middle or high school, including buildings and grounds; (ii)
that portion of any property open to the public and then exclusIvely used for school-
sponsored functions or extracurricular actiVItIes while such functions or activities are taking
place; or (iii) any school bus owned or operated by any such school, he shall be guilty of a
Class 6 felony; however, if the person possesses any firearm within a public, private or
religIOus elementary, middle or high school building and intends to use, or attempts to use,
such firearm, or displays such weapon in a threatening manner, such person shall be
sentenced to a mandatory mill1mum term of Imprisonment of five years to be served
consecutIvely with any other sentence.
The exemptIOns set out in ~ 18.2-308 shall apply, mutatis mutandis, to the provisions of this
section. The provisions of this section shall not apply to (i) persons who possess such weapon
or weapons as a part of the school's cUrrIculum or activities; (ii) a person posses-sing a kmfe
customarily used for food preparation or servIce and using It for such purpose; (iii) persons
who possess such weapon or weapons as a part of any program sponsored or facilitated by
eIther the school or any organIzation authorized by the school to conduct its programs either
on or off the school premises; (iv) any law-enforcement officer; (v) any person who
possesses a knife or blade which he uses customarily in hIS trade; (vi) a person who possesses
an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a
motor vehlCk, or an unloaded shotgun or rifle in a firearms rack m or upon a motor vehIcle;
or (vii) a person who has a valid concealed handgun permit and possesses a concealed
handgun while in a motor vehicle in a parkmg lot, traffic circle, or other means of vehicular
ingress or egress to the school. For the purposes of this paragraph, "weapon" includes a knife
having a metal blade of three inches or longer and "closed container" includes a locked
vehicle trunk.
As used in thi s sectIOn:
"Stun weapon" means any deVIce that emIts a momentary or pulsed output, which is
electncal, audible, optIcal or electromagnetic in nature and which is designed to temporarily
Incapacitate a person.
~ 18.2-308.2.. Possession or transportation of firearms, stun weapons, explosives or
concealed w~:apons by convicted felons; penalties; petition for permit; when issued.
A. It shall be unlawful for (i) any person who has been convicted of a felony; (ii) any person
adjudicated delinquent as a juvenile 14 years of age or older at the time of the offense of
murder m violation of ~ 18.2-31 or 18.2-32, kidnapping in VIOlation of ~ 18.2-47, robbery by
the threat or presentation of firearms in violation of ~ 18.2-58, or rape in violation of ~ 18.2-
61, or (iii) any person under the age of 29 who was adjudicated delinquent as a juvenile 14
years of age or older at the time of the offense of a delinquent act whIch would be a felony if
commItted by an adult, other than those felonies set forth in clause (ii), whether such
conviction or adjudication occurred under the laws of the Commonwealth, or any other state,
Page 39
Fina! for City Council AdoptIOn-October 28.2008
the District of Columbia, the United States or any territory thereof, to knowmgly and
intentionally possess or transport any firearm or any air or gas operated weapon or any
object similar in appearance, whether capable of being fired or not, in such manner as
to reasonably induce fear in the mind of another or stun weapon as defined by ~ 18.2-
308.1 or any explosIve material, or to knowingly and intentIOnally carry about his person,
hidden from common observatIOn, any weapon described in subsectIOn A of ~ 18.2-308.
However, such person may possess in his residence or the curtilage thereof a stun weapon as
defined by ~ 18.2-308.1. Any person who violates thIS section shall be guilty of a Class 6
felony. However, any person who VIOlates this sectIOn by knowingly and mtentIOnally
possessing or transporting any firearm and who was previously convIcted of a violent felony
as defined in ~ 17 1-805 shall be sentenced to a mandatory minimum term of imprisonment
of five years. Any person who violates this section by knowingly and intentionally
possessing or transporting any firearm and who was previously convIcted of any other felony
within the prior 10 years shall be sentenced to a mandatory mmimum term of imprisonment
of two years. The mandatory mIll1mUm terms of imprisonment prescribed for violations of
this sectIOn shall be served consecutively with any other sentence.
B. The prohibitions of subsection A shall not apply to (i) any person who possesses a firearm,
explosive material or other weapon while carrying out his duties as a member of the Armed
Forces of the United States or of the NatIOnal Guard of Virginia or of any other state, (ii) any
law-enforcement officer m the performance of hIS duties, or (iii) any person who has been
pardoned or whose political disabilities have been removed pursuant to Article V, Section 12
of the ConstItution of Virginia provided the Governor, in the document granting the pardon
or removmg the person's political disabilitIes, may expressly place conditions upon the
remstatement of the person's right to ShIp, transport, possess or receive firearms.
C. Any person prohibited from possessmg, transportmg or carrying a firearm or stun weapon
under subsectIOn A, may petition the CIrcuit court of the jurisdictIon in which he reSIdes for a
permit to possess or carry a firearm or stun weapon; however, no person who has been
convIcted of a felony shall be qualified to petitIOn for such a permIt unless his civil rights
have been restored by the Governor or other appropriate authority. The court may, in its
discretion and for good cause shown, grant such petItion and issue a permit. The proviSIOns
of this section relating to firearms and stun weapons shall not apply to any person who has
been granted a permit pursuant to thIS subsection.
C1. Any person who was prohibited from possessing, transporting or carrymg explosive
material under subsectIOn A may possess, transport or carry such explOSIve material if his
right to possess, transport or carry explosive material has been restored pursuant to federal
law
D. For the purpose of this sectIOn, "explosive material" means any chemical compound
mixture, or device, the pnmary or common purpose of which is to function by explosion; the
term includes, but IS not limIted to, dynamite and other hIgh explosives, black powder, pellet
powder, smokeless gun powder, detonators, blastmg caps and detonating cord but shall not
include fireworks or permIssible fireworks as defined m ~ 27-95.
Page 40
Final for City Council AdoptIon-October 28. 2008
~ 18.2-53.1. Use or display of firearm in committing felony.
It shall be unlawful for any person to use or attempt to use any pIstol, shotgun, rifle, or other
firearm or any air or gas operated weapon or any object similar in appearance, whether
capable of bdng fired or not, in such manner as to reasonably induce fear in the mind
of another or display SHeil weapoa ia a tllreateaiag maaaer while committing or
attempting to commit murder, rape, forcible sodomy, inanimate or animate object sexual
penetration as defined in ~ 18.2-67.2, robbery, carjacking, burglary, malicious wounding as
defined in ~ 18.2-51, malicious bodily injury to a law-enforcement officer as defined in ~
18.2-51 1, aggravated malicious wounding as defined in ~ 18.2-51.2, malicIOUS wounding by
mob as defim:d in ~ 18.2-41 or abduction. Violation of this sectIOn shall constitute a separate
and distmct felony and any person found guilty thereof shall be sentenced to a mandatory
minimum tenm of impnsonment of three years for a first conviction, and to a mandatory
minimum tenn of five years for a second or subsequent conVIction under the provisions of
this section. Such punishment shall be separate and apart from, and shall be made to run
consecutively with, any pUll1shment receIved for the commIssion of the primary felony.
Page 41
Fillal for City Council AdoptIon-October 28.2008
,
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CITY OF VIRGINIA BEACH
AGENDA ITEM
..)
ITEM: A Resolution AppOinting Dana Harmeyer to the Position of ASSistant City
Attorney
MEETING DATE: October 28, 2008
. Background: Section 2-166 of the City Code provides that U[t]he city council
may, from time to time, upon recommendation of the city attorney, appoint such deputy
and assistant city attorneys as it may deem necessary to serve at the pleasure of the
city attorney"
. Considerations: The Resolution appoints Dana Harmeyer as an ASSistant City
Attorney, effective November 1, 2008.
. Recommendations: It IS recommended that City Council adopt the attached
resolution.
. Attachments: Resolution
Recommended Action: Adopt Resolution
Submitting Department/Agency: City Attor~ '
City Manager: \2~. \1~ +-
1 A RESOLUTION APPOINTING DANA HARMEYER TO THE
2 POSITION OF ASSISTANT CITY ATTORNEY
3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA.
5
6 That pursuant to g 2-166 of the City Code, Dana Harmeyer IS hereby appointed to
7 the position of Assistant City Attorney, effective November 1, 2008.
8
9 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
10 ,2008.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY
;;:;P ~r ~
City Attorney's Office
CA 10898
R-1
October 16, 2008
~.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution of City Council approvmg the Issuance of Residential Care
Facility Mortgage Revenue Bonds (Westmmster-Canterbury of Hampton
Roads, Inc.) Series 2008
MEETING DATE: October 28,2008
.
Background:
The City of Virginia Beach Development Authority (the "Authority") has conSidered
the application of Westmmster-Canterbury of Hampton Roads, Inc. ("Westmlnster-
Canterbury"), requesting the Issuance by the Authority of its revenue bonds In an
amount not to exceed $15,000,000 (the "Bonds"), to finance the construction of a
new parking garage and substantial renovations at Westmmster-Canterbury's
residential campus.
.
Considerations:
The matter comes before Council for its approval pursuant to ~ 15.2-4906 of the
Code of Virginia, which requires the mUnicipality on whose behalf the bonds of an
authority are Issued to either approve or disapprove any financmg recommended by
a development authority withm Sixty (60) days of the date of the authority's public
hearing. The Authority's public hearing was held on September 16, 2008.
Westmmster-Canterbury IS a not for profit assisted living facility prOViding residential
care for the aged available to residents of the City
· Public Information:
The request was duly advertised for a public hearing before the Authority m
accordance with the requirements of ~ 15.2-4906 of the Virginia Code.
· Recommendation:
Approval
· Attachments:
Location Map
Resolution for City of Virginia Beach
VBDA Submission to Council
Affidavit of Publication & Notice
Notice of Public Hearing
Record of Public Hearing
Development Authority's Resolution
Disclosun~ Statement
Authority'~~ Statement
Fiscal Impact Statement
Summary Sheet
Letter from Department of Economic Development, dated September 16, 2008
APPROVAL
SUBMITTING DEPARTMENT f AGENCY: Development AuthOri~!iZ)
CITY MANAGER: ~.~. ~
V:lapplical1onslcltylawprodlcycom321 WpdocslDO 14\P004100069663 .DOC
1 A RESOLUTION OF CITY COUNCIL APPROVING
2 THE ISSUANCE OF RESIDENTIAL CARE FACILITY
3 MORTGAGE REVENUE BONDS (WESTMINSTER-
4 CANTERBURY OF HAMPTON ROADS, INC.)
5 SERIES 2008
6
7 WHEREAS, the City of Virginia Beach Development Authority (the "Authority")
8 has considered the application of Westminster-Canterbury of Hampton Roads, Inc.
9 ("Westminster-Canterbury") for the Issuance of the Authority's Residential Care Facility
10 Mortgage Revenue Bonds, Series 2008 In an amount not to exceed $15,000,000 (the
11 "Bonds") to assist In financing the construction of a new parking garage and substantial
12 renovations to Westmlnster-Canterbury's residential campus (the "Project") at 3100
13 Shore Drive In Virginia Beach, Virginia;
14
15 WHEREAS, The Authority held a public hearing on the Bonds on September 16,
16 2008; and
17
18 WHEREAS, the Authority has requested the City Council of Virginia Beach,
19 Virginia (the "City") approve the Issuance of the Bonds to comply with Section 147(f) of
20 the Internal Revenue Code of 1986, as amended; and
21
22 WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as amended,
23 a copy of the Authority's Resolution approving the Issuance of the Bonds, subject to the
24 terms to be agreed upon, and a reasonably detailed summary of the comments
25 expressed at the public hearing, if any, have been filed with the City Council.
26
27 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
28 BEACH, VIRGINIA.
29
30 1 The City Council hereby approves the Issuance of the Bonds by the City of
31 Virginia Beach Development Authority, In a principal amount not to exceed $15,000,000
32 to finance the costs of constructing a new parking garage and substantial renovations to
33 Westmlnster-Canterbury's residential campus located at 3100 Shore Drive In Virginia
34 Beach, Virginia, for the benefit of Westminster-Canterbury of Hampton Roads, Inc. and
35 to the extent required by Section 147(f) of the Internal Revenue Code, to permit the
36 Authority to assist In the financing of the Project.
37
38 2. The approval of the Issuance of the Series Bonds, as required by Section
39 147(f) does not constitute an endorsement of the Bonds or the creditworthiness of
40 Westminster-Canterbury and, pursuant to Chapter 643, Virginia Acts of Assembly of
41 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall
42 be obligated to pay the Bonds or the Interest due thereon or other costs Incident thereto
43 except from the revenues and mOnies pledged therefor, and neither the faith or credit
44
45
46
47
48
49
50
51
52
53
54
55
nor the taxing power of the Commonwealth, the City or the Authority shall be pledged
thereto.
3. In approving the Resolution, the City of Virginia Beach, Including its
elected represfmtatives, officers, employees and agents, shall not be liable and hereby
disclaim all liability for any damages to any person, direct or consequential, resulting
from the Authority's failure to Issue the Bonds for the Project for any reason.
ThiS Resolution shall take effect Immediately upon its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
of
CA-10763
V:\applicationslcitytawprodlcyoom32IWpdocsIDO 14IP004100069665. DOC
R-1
October 17, 2008
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY'
~----~
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City Attorney's Office
~14~~
Economic Devl310pment
2
Virginia Beach Development
Authority Commissioners
Donald V. Jellig
Chalf
Page G. lea
Vice Chalf
Teresa H. Carrington
Secretary
Douglas D. Ellis
Assistant Secretary
Elizabeth A. Twohy
Treasurer
C. Maxwell Bartholomew, Jr.
CommiSSioner
Paul V. Michels
Commissioner
Jerrold L Miller
Commissioner
Don H. Brockwell
CommiSSioner
John W. Richardson
Commissioner
Prescon Sherrod
CommiSSioner
VI RG I N IA B EAcr;r
DEVELOPMENT AUTHORITY
October 16,2008
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
MUll1CIpal Center
VirgmIa Beach, Virgmia 23456
Re: Westmmster-Canterbury Resldentzal Care Facility Mortgage
Revenue Bonds
Dear Mayor Oberndorf and Members of Council:
We submIt the followmg III connectIon wIth the request of
Westmmster-Canterbury of Hampton Roads, Inc.' s application for the
Issuance of reSIdentIal care facility mortgage revenue bonds m the amount
of$15,OOO,000 for the proJect located at 3100 Shore Dnve, VirgmIa
Beach, VirgmIa.
1.
EVIdence of publicatIOn of notIce ofheanng IS attached as Exhibit
A, and a summary of the statements made at the publIc heanng IS
attached as Exhibit B. The City ofVirgIll1a Beach Development
Authonty's (the "Authonty's") resolutIOn recommending
Council's approval IS attached as Exhibit C.
2.
The DIsclosure Statement IS attached as Exhibit D
3. The statement of the Authonty's reasons for ItS approval of the
Issuance ofthe bonds as a benefit for the City ofVirgmIa Beach
and ItS recommendatIon that the City Council approve the bonds
described above IS attached as Exhibit E.
4. The EconomIC Impact Statement IS attached as Exhibit F.
5 A summary sheet settmg forth the type of Issue, and IdentIfymg the
proJect and the pnncIpals ofthe applicant IS attached as Exhibit G.
6. A letter from the Department of EconomIc Development
commentmg on the project IS attached as Exhibit H.
222 Central Park Ave, Suite 1000 . Virginia Beach, Virginia 23462 . ph 757.385.6464 or 800.989.4567 . fax 7574999894
Very truly yours,
~~~
Teresa H. Camngton
Secretary
THC/AWS
Enclosures
EXHIBIT A
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Ad lOt! 9252822 _
Date l~9/02l2 008
J
Time110:10 AM
J
N'OTICE OF PUBLIC HEARING ON
PROPOSED REVEN UE BOND
FINANCING OF THE
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
Notico IS hereby given that the City of Virginia Beach
Development Authority (the "Authority") will hold a public
hearrng on the application of Westminster-Canterbury of
Hampton Roads, Inc., a Virginia nonstock, nonprofit
corpol'ation (the .Company"), the address and prinCIpal place
ofbusine$s of which is 3100 Shore Drive, Virginia Beach,
Virginia, 23451, for the Authority to issue, pursuant to
Chapter 643 of the Acts of Assembly of 1964, as amended
(the '. Act"), up to $15,000,000 of its Residential Care
Facility Mortgage Revenue Bonds (the "Bonds.) to assist the
Company in financing the construction of a new parking
garagl~ with 252 car spaces and substantial renovations at
the Company's residential campus located at 3100 Shore
Drive in Virginra Beach, Virginia. The public heanng, which
may be continued or adjourned, will be held at 8:30 a.m. on
Tuesday, September 16, 2008, before the Authority at the
Autholrity's office at Town Center, Suite 1000, 222 Central
Park twenue, Virginia Beach, Virginia. As required by the Act,
the B()nds will not pledge the credit or the taxing power of the
City of Virginia Beach, Virginia or the Authority, but will be
payable solely from revenues derived from the Company and
pledges therefor. Any person wishing to comment on the
application may appear and be heard. A copy of the
Company's application IS on file and is open for Inspection at
the Authority's office at Town Center, Suite 1000, 222
Central Park Avenue, Virginia Beach, Virginia, during normal
businE~ss hours.
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
VP Sept. 4 & 9,2008
19252822
Ad shown is not actual print size
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.)
On September 16, 2008
The Chamnan of the City ofVirgill1a Beach Development Authonty (the "Authonty")
announced the commencement of a public hearing on the request of Westminster-Canterbury of
Hampton Roads, Inc., a Virgmia nonstock, nonprofit corporatIon ("Westmmster-Canterbury")
and that a notice of public heanng was published in the Virgill1a Pilot, a newspaper havmg
general cIrculatIOn m the City ofVirgmIa Beach, Virginia m accordance WIth applicable law
governing the Issuance of tax-exempt bonds. The Chairman mdicated that a copy of the Notice
and an AffidaVIt of PublicatIon of such notice are to be filed WIth the records of the City Council
of the City ofVirgIll1a Beach (the "Council").
The followmg indiViduals appeared on behalf ofWestmmster-Canterbury and addressed
the Authonty:
Hugh L. Patterson (General Counsel)
ErIe Marie LatImer (PresIdent)
Dan Oetzel (Chief Financial Officer)
Mr. Patterson bnefly outlined the history ofWestmmster-Canterbury with tax-exempt
bonds first bemg Issued for its constructIon m November of 1979, the opell1ng of Its doors to
resIdents m January of 1982, and ItS history of operations over the past 25 years. He also gave a
bnef descnptIOn of the resolutIOn whIch requests the issuance of up to $15,000,000 of additIonal
tax-exempt bonds (the "Bonds") and the renovatIon and constructIon actiVIties comprismg the
ProJect bemg financed thereby and opened the floor for questions. Members of the Authonty
asked several questIOns regarding the Project, including the types of renovatIOns planned at
Westminster-Canterbury's reSIdentIal campus, the number of parkmg spaces in the new parking
garage and the total number of parkmg spaces available for reSIdents, employees and guests at
Westminster-Canterbury after completIon of construction. These questions were addressed to
the satisfactIOn of the Authonty by Mr. Patterson, Ms. Latimer and Mr. Oetzel.
The public benefits to be realized by the City of Virgill1a Beach as a result of the
financing ofthe Project, as described by Mr. Patterson, are (a) renovated facilitIes which will
continue to meet the current and future market demands of approxImately 700 retired persons
who now and m the future will reSIde at Westminster-Canterbury' s reSIdential campus; (b) the
contInued availability of329 full time and 137 part time employment posItIons WIth an average
annual salary of $29,900 and a total annual payroll of$12,911,597; (c) additIOnal taxes to be
paId by Westmmstei-Canterbury to the City of Virginia Beach of approxImately $220,000 each
year and total annual taxes increasmg to $1,084,000 following the constructIon of all
Improvements; and (d) goods and services beIng purchased by WestmInster-Canterbury each
year WIthin the City ofVirgIll1a Beach area totaling approximately $9,300,000.
1-832667 1
08/26/2008
No other persons appeared to address the Authonty, and the Chairman closed the public
hearing.
The Authonty hereby recommends that the City Council of the City ofVirgmia Beach,
Virgmia approve the Issuance of the Bonds and hereby transmits the Fiscal Impact Statement to
the City Council ofthe City ofVirgill1a Beach and asks that thiS recommendation be receIved at
its next regular or specIal meeting at WhICh thIs matter can be properly placed on the Council's
agenda for heanng.
2
1-832667.1
08/26/2008
EXHIBIT C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDICATING ITS INTENT TO ISSUE UP Tc. $15,000,000 OF ITS RESIDENTIAL
CARE FACILITY MORTGAGE REVENUE BONDS (WESTMINSTER-CANTERBURY
OF HAMPTON ROADS, INC.) SERIES 2008
WHEREAS) Westminster-Canterbury of Hampton Roads, Inc. ("Westminster-
Canterbury') has described its interest in havmg the City ofVirgmia Beach Development
Authority (the "Authority") issue up to $15,000,000 o:f Its Residential Care Facility Mortgage
Revenue Bonds, Series 2008 (the "Series 2008 Bonds"') to fmance the construction ofa new
parking garage and substantial renovatIons at Westminster-Canterbury)s residential campus (the
"Project") at 3100 Shore Drive in Virginia Beach) Virginia; and
WHEREAS) Westminster-Canterbury, in its application and in its appearance before the
Authority, has requested that the Authority issue its Series 2008 Bonds under the provisions of
Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and Revenue Bond
Act) Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (collectively, the "Act")
in such amounts as may be necessary to finance costs to be incurred in constructing, renovatmg
and equipping the Project; and
WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal
Revenue Code of1986, as amended, and Section 15.2-4906 ofthe Code ofVirgima of 1950, as
amended (the ''Virginia Code").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY THAT:
1. The foregoing recitals are approved by the Authority and are mcoIporated m, and
deemed a part of this Resolution.
2. It 18 hereby found and determined by the Authority that the issuance of the Series
2008 Bonds by the Authority. will be in the public interest, will benefit the inhabitants of the City
of Virginia Beach through the promotion of their safety, health, welfare, convemence or
prosperity and will further-the public purposes of the Act and provide a public benefit to the City
by) among other things, ensuring the continued availability of modern and efficient medical
servIces, special care and secure living accommodations for the elderly in accordance with theIr
speCial needs.
3. It has prevlOusly been found and determined that Westminster-Canterbury' s
facilities on Shore Drive in Virginia Beach constitute a facility for the residence or care of the
aged withm the meaning of the Act.
4. To mduce Westminster-Canterbury to construct, renovate and equip the Project,
the Authority hereby agrees to cooperate with Westminster-Canterbury in reviewing and
evaluating its plans to fmance the Project and, subject to the Authority's final approval of the
1-830891.1
10. The Series 2008 Bonds shall be limited obligations of the Authonty and shall be
payable solely oull of the revenues, receipts and payments specifically pledged therefor. Neither
the commissioners, officers, agents or employees of the Authority, past, present and future, nor
any person executing the Series 2008 Bonds, shall be liable personally on the Series 2008 Bonds
by reason of the issuance thereof. The Series 2008 Bonds shall not be deemed to constitute a
general obligation debt or a pledge of the faith and credit ofthe Commonwealth of Virginia or
any political subdivision thereof, including the City of Virginia Beach and the Authority and
neither the Commonwealth of Virginia nor any such political subdivision thereof shall be
personally liable thereon, nor in any event shall the Series 2008 Bonds be payable out of any
funds or properties other than the special funds and sources provided therefor. Neither the faith
and credit nor the taxing power of the Commonwealth of Virginia, or any political subdivision
thereof, including the City of Virginia Beach, shall be pledged to the payment of the principal of
the Series 2008 Bonds or the interest thereon or other costs incident thereto. The Series 2008
Bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory
debt limitation or restriction.
11. Th(: Authority shall not be liable and hereby disclaims all liability to Westminster-
Canterbury for any damages, direct or consequential, resulting from the Authority's failure to
issue the Series 2008 Bonds for any reason, including but not limited to, the failure of the City
Council of the City of Virginia Beach to approve the issuance of the Series 2008 Bonds.
Nothing herem shall be construed as a commitment or obligation on the part of the Authority to
adopt a final resolution or execute any documents with respect to Series 2008 Bonds.
12. Unless this Resolution is extended by the Authority, the Series 2008 Bonds shall
be issued within one year from the date hereof or this Resolution shall become void and of no
further force or effect.
13. The Authority hereby recommends that the City Council of the City of Virginia
Beach approve the issuance of the Series 2008 Bonds and hereby directs the ChaIrman or Vice-
Chamnan of the Authority to submit to the City Council of the City ofVirgirua Beach a
reasonably detailed summary of the comments, If any, expressed at the public hearing, the fiscal
impact statement mquired by Virginia law, and a copy of this Resolution.
14. This Resolution shall take effect immediately upon its adoption.
Adopted by the City of Virginia Beach Development Authority, on the 16th day of
September, 2008.
~~
Secretary/Assistant ~eefetary
3
1.830891.1
EXHIBIT 0
DISCLOSURE STATEMENT
Date: Septembe.. 16, 2008
Applicant:
Westminster-Canterbury of Hampton Roads, Inc.
All Owners
(if different from Applicant):
None
Type of Application:
$15,000,000 ResidentIal Care Facility Mortgage Revenue
Bonds, Senes 2008 to finance the construction of a new
parkmg garage with 252 car spaces and substantial renovations
at Westmmster-Canterbury' s resIdential campus at 3100 Shore
Drive, VirgmIa Beach, Virginia
The Applicant IS a VirgIll1a corporation.
2. The Applicant IS the owner of the ProJect.
3 The current officers and trustees of Applicant are listed on the attached
ExhibIt A.
WESTMINSTER-CANTERBURY OF HAMPTON
ROADS, INC.
By4 a:~' ~
Gen I Counsel
830726_1.DOC
The Officers ofWestmmster-Canterbury are:
ice Chairman:
Secretary:
hiefFinanclal Officer and
ssistant Treasurer:
ice President for Resident & Health Services
d AssIstant Secretary:
ice President for Busmess and Resource
evelopment:
ice PreSIdent for Development and
ommunIty RelatIons:
ice President for Human Resources:
Trustees ofWestmmster-Canterbury are:
Appointed by the Episcopal Diocese:
DM Byron E. Tobin, Jr.
01 College Place #4
orfolk, VA 23510
r. Howard P. Kern
Sentara Healthcare
6015 Poplar Hall Drive, SUIte 300
orfolk, VA 23502
r. Thomas C. Kyrus
973 Shore Dnve # 102
ir nia Beach, VA 23451-1248
r. DaVId Lmlfoth
cPhillips, Roberts & Deans, PLC
. O. Box 1180
orfolk, VA 23501-1180
r. Charles D. Robison, In
ulton Bank
.0. Box 61009
ir . nia Beach, V A 23466
s. Susan T. Bernard
1337 Graydon Ave.
orfolk, VA 23507
f. Page G. Lea
apes CapItal Management, Inc.
"00 West Freemason St.
orfolk, VA 23510
e Rev. Harold J. Cobb, Jr.
1931 Paddock Road
orfolk, VA 23518
r. Clarence A. Holland
328 Sandy Bay Dnve
ir . ll1a Beach, VA 23455
r. Doyle E. Hull
7615 Nancy Drive
orfolk, VA 23518-4635
r. C. Ben Mason
SunTrust Bank
150 W. Mam St., 14th Floor
orfolk, VA 23510
rs. Martha Sims
irginia Beach Dept. of Public Libraries
416 Courthouse Dnve - Bldg. 19
irginia Beach, V A 23456
r. E. George Middleton, Jr.
510 Cromwell Road
orfolk, VA 23509-2306
r. Tazewell G. Taylor
Sullivan, Andrews & Taylor, P C.
5544 Greenwich Rd., SUIte 103
irgmia Beach, V A 23462
EXHIBIT E
p
V I R GIN I A BE A c;J1
ECONOMIC DEVELOPMENT
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
$15,000,000 RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS
WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.} SERIES 2008
a
The City of VirginIa Beach Development Authority (the "Authority")recommends approval
of the above-captioned financing. Westminster-Canterbury of Hampton Roads, lnc.'s resIdential
facilities continue to promote Industry, commerce and trade within the City of VirginIa Beach,
Financing approved by the Authority will assist as eXisting life-care facility to remain current In
meeting new market demands for its services, maintain its substantial employment census,
Increase its revenues and add to the City's economIc tax base.
-
'Yn Cenllol Pnr~ twe, ~.;lIitc~ 1000 . Vil~H110 Beach. VilSJlr1la 2J4()2 . ph 757. 3135.6464 III 8009891\567 . lox 15/499989,1
EXHIBIT F
ECONONUC IMPACT STATEMENT
FOR
BOND ALLOCATION REVIEW
1-830717.1
08/26/2008
Economic Impact Statement
1.
Amount of Investment
$ 16,000,000
$ 15,000,000
2.
Amount ofmdustnal revenue bond financmg sought
3.
Estimated taxable value of the facility's real property
to be constructed m the City ofVirgmia Beach
$ 8,000,000
4.
EstImated real property tax per year usmg the
present tax rate
$ 1,009,000
5.
Estimated personal property tax
$ 75,000
6. Estimated impact statement demonstratmg the overall return to the City:
A.
Number of new jobs
o
B.
Payroll generated
$
Avg Wage $
o
c.
Number of jobs retained
329 full tIme and 137 part time
D.
Payroll retained
$ 12,911,597
AvgWage$ 29,929
E. Estimate the value of goods and services purchased .wIthin the geographic
boundary ofVirgIll1a Beach by type (Inventory, Machinery, ProfeSSIOnal
ServIces, Insurance, Motor Vehicles, etc.):
~
Food
Utilities
Employee Benefits
Supplies
ProfeSSIOnal ServIces
Corporate Insurance
Value
$ 1,745,000
$ 1,173,000
$ 3,275,000
$ 2,327,000
$ 412,000
$ 367,000
Total $ 9,299,000
F.
EstImated building permIt fee and other
mUll1l;Ipal fees
20,000
$ 1,400,000
$
G.
Estimated construction payroll
H.
Estimated value of constructIon matenal to be
purchased within the City ofVirgill1a Beach
600,000
$
I.
EstImated number of constructIOn Jobs
100
Page 1 of2
1-830717.l
08/26/2008
Economic Impact Statement
J. Any other Items whIch the applicant feels the Authonty should be made aware of
in evaluatmg the proJect
7. Is the sIte currently zoned for the use bemg proposed for the industrial revenue bond
financmg? _X_ Yes_No.
8. Has a bond purchase agreement/commItment been accepted by the applicant? (attach a
copy)_ Yes_X_No.
9 Will the bond financmg close within 90 days from the date of adoptIon of the inducement
resolutIon? _X _ Yes _ No. Plans call for closing prior to December 31. 2008.
10. Location of proJect (attach location map) See attached location map.
11. ExplanatIon of alternative financing that has been revIewed for the proJect. The use of
tax-exempt bonds IS the only financmg alternative that has been considered.
Page 2 of2
1-830717.1
08/26/2008
EXHIB IT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1.
PROJECT NAME:
LOCATION:
Wes tmmster-Canterbury of Hampton Roads, Inc.
2.
3100 Shore Dnve, VirgIma Beach, Virgmia 23451
3.
DESCRIPTION OF PROJECT:
Renovate and upgrade existmg dillIng, fitness and
wellness, healthcare and older independent livmg
facilities and expand available parkmg wIth the
constructIon of new parkmg garage wIth 252 car
spaces
4.
AMOUNT OF BOND ISSUE:
$15,000,000
5.
PRINCIPALS:
EpIscopal Diocese of Southern Virgima and
Presbytery of Eastern VirgIma, Presbytenan Church
(USA)
6. ZONING CLASSIFICATION:
a. I) resent zoning classIficatIOn
the Property: B-4
b.
Is rezonmg proposed:
Yes
No XX
c. If so, to what zonmg classIficatIon:
1-830724.1
0811312008
Virginia Beach Development
Authority Commissioners
Donald V Jellig
Cholf
Page G lea
Vice ChOir
Teresa H. Cornngton
Secrelory
Douglas DEllis
Ass/,Iont Secretary.
Elizabeth A Twohy
T,easurer
C. Maxwell Bartholomew, Jr.
CommISSIoner
Paul V. Michels
CommIssIoner
Jerrold l. Miller
Comrrussloner
Dan H. Brockwell
CommISSIoner
John W. Richardson
CommISSIoner
Prescoll Sherrod
CommiSSIoner
EXHIBIT H
p:"~
VIRGINIA BEAC~T
s:
September 16, 2008
Mr. Donald V Jellig
Chair
Virgmia Beach Development Authonty
222 Central Park A venue, SUIte 1000
VirgmJa Beach, V A 23462
Re: Westmmster-Canterbury of Hampton Roads, Inc.
Dear Don:
The Department of EconomIC Development concurs WIth the Issuance of
residentIal care facility mortgage revenue bonds m an amount not to exceed
$15,000,000 for Westmmster-Canterbury of Hampton Roads, Inc. The Issuance
of these bonds by the Authonty will be m the public mterest, will benefit the
inhabitants of the City of VirgIllIa Beach through the promotIOn of theIr safety,
health, welfare, convemence of prospenty and will prOVIde a public benefit to the
City by, among other thmgs, ensunng the availability of modem and effiCIent
medical servIces, special care and secure livmg accommodatIons for the elderly m
accordance With then speCial needs.
These funds are to be utilized pnmarily to finance the costs mcurred m
constructmg a new parkmg garage and substantial renovatlons at Westmmster-
Canterbury's reSidentIal campus.
I will be happy to answer any questIOns you may have at our meetmg of
September 16th
Sincerely,
7:???J~
Mark R, Wawner
ProJect Development Coordinator
/11s
222 Central Pork Ave, Suite 1000 . Virginia Beach, Virgtnlo 23462 . ph 757385.6464 or 800.9894567 . fax 7574999894
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Requesting the Commonwealth Transportation Board Provide
Enhancement Grant Funding for the Thalia Creek Greenway Project
MEETING DATE: October 28, 2008
. Background: The Department of Parks and Recreation Intends to submit an
application for grant funding for Phase 1A of the greenway project. The Thalia Creek
Greenway project consists of a 1.5 mile trail along Thalia Creek In the vIcinity of Town
. Center Based on the Master Plan that was completed In April 2007, the Department of
Parks and Recreation developed a phased plan for the construction of the greenway
The phased plan IS provided as an attachment. A master plan for the Thalia Creek
Greenway was presented to City Council In September 2007 In early October 2008,
the project grant application was endorsed by the Hampton Roads Metropolitan
Planning Organization.
. Considerations: The Department of Parks and Recreation IS requesting
funding for Phase 1A of the greenway under the Transportation Enhancement Grant
Program In the amount of $450,000.00. The Transportation Enhancement Grant
Program requires matching funds of 20% of the submitted application. City matching
funds of $112,500.00 will be required. The source for the matching funds has been.
Identified In CIP 4-018 Greenways, Scenic Waterways and Natural Areas - Phase II.
The attached resolution IS required to be approved by City Council In support of the
application.
The total cost for design and construction of Phase 1 A of the Thalia Creek Greenway IS
estimated to be $921,980.00. If the grant funding for the project IS approved with the
current application, it IS the Intent of the Department of Parks and Recreation to apply
for additional funding under the Transportation Enhancement Grant Program In
subsequent years to cover the remainder of project costs.
. Public Information: Public Information will be handled through the normal
media and communication channels.
. Recommendations: Adopt a resolution In support of the grant application for
Thalia Creek Greenway Phase 1A.
. Attachments: Resolution, Project Map
Recommended Action: Adopt Resolution
Submitting Department/Agency: Parks and Recreation~ ri
City Manager: 1.~. Uk- ' r . - -- \
1 A. RESOLUTION REQUESTING THE COMMONWEALTH
2 TRANSPORTATION BOARD PROVIDE ENHANCEMENT
3 GRANT FUNDING FOR THE THALIA CREEK GREENWAY
4 PROJECT
5
6 WHEREAS, In accordance with the Commonwealth Transportation Board's
7 prescribed procedures, it IS necessary that the City of Virginia Beach endorse by resolution
8 any project submitted for consideration to receive Transportation Enhancement Grant
9 Funding from Virginia Department of Transportation (Department);
10
11 WHEREAS, the Transportation Enhancement Fund provides funding for up to 80%
12 of the cost of approved proJects; and
13
14 WHEREAS, a source of the City's 20% cost share has been Identified In CIP4-018,
15 Greenways, Scenic Waterways and Natural Areas - Phase II.
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA.
19
20 That the City of Virginia Beach hereby requests the Commonwealth Transportation
21 Board provide Emhancement grant funding for the Thalia Creek Greenway Project.
22
23 BE IT FURTHER RESOLVED that the City of Virginia Beach hereby agrees to pay a
24 minimum of twenty percent of the total cost of planning and deSign, right of way,
25 construction of thiS proJect, and that, if the City of Virginia Beach subsequently elects to
26 cancel thiS project, the City of Virginia Beach hereby agrees to reimburse the Virginia
27 Department of Transportation for the total amount of costs expended by the Department
28 through the date that the Department IS notified of such cancellation,
29
30 Adopted by the Council of the City of Virginia Beach, Virginia, on the
31 day of , 2008.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
cr~ry {ftfl
City Attorney's Office '"
CA 10897
R-2
October 17, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution In Support of the Virginia MUnicipal League Resolution on
MUnicipal Access to Capital Markets
MEETING DATE: October 28,2008
. Background: The Virginia MUnicipal League adopted a resolution at their
annual meeting on October 21, 2008 to urge the President and Congress to take action
to address mUnicipal access to capital markets and to urge development of public
Infrastructure.
. Considerations: The attached resolution IS based on the resolution adopted by
the Virginia Municipal League. It provides that City Council supports the Virginia
MUnicipal League's efforts to stimulate local economies by Improving access to capital
markets In this time of economic downturn and by developing public Infrastructure. If
adopted, a copy of the resolution will be provided to Virginia's United States Senators
and Virginia Beach's congressperson, as well as the Virginia Municipal League.
. Attachments: Resolution
Requested by Council member Rosemary Wilson
1 Requested by Council member Rosemary Wilson
2
3 A RESOLUTION IN SUPPORT OF THE VIRGINIA
4 MUNICIPAL LEAGUE RESOLUTION ON MUNICIPAL
5 ACCESS TO CAPITAL MARKETS
6
7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA.
9
10 WHEREAS, the United States economy IS suffering from a severe credit CriSIS and
11 sharp economic downturn; and
12
13 WHEREAS, the foreclosure CriSIS has and will severely Impact mUnicipal revenues;
14 and
15
16 WHEREAS, local governments are one of the most critical sources of capital
17 Investment In the U S. economy and local economies; and
18
19 WHEREAS, the President of the United States has announced that the federal
20 government will Invest $250 billion to provide capital Investment Into banks and financial
21 Institutions to Increase the availability of credit In the private sector; and
22
23 WHEREAS, local government Investment In public Infrastructure requires access to
24 capital markets and public sector Investment In Infrastructure IS extremely Important for job
25 creation, economic development and community Improvement; and
26
27 WHEREAS, at its recent annual conference, the Virginia MUniCipal League adopted
28 a resolution that urges the President and the Congress to take action to address mUnicipal
29 access to capital markets and to urge development of public Infrastructure.
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
32 VIRGINIA BEACH, VIRGINIA.
33
34 1 That the City Council JOinS the Virginia MUniCipal League In urging the President
35 and the Congress to take action, Including prompt enactment of legislation, to stimulate
36 state and local economies by redUCing the cost of short and long-term capital to local
37 government and states.
38
39 2. That such federal actions should Include: access for the Federal Reserve to
40 purchase mUnicipal paper; steps to reduce long-term mUnicipal Interest rates; and
41 assistance with the cost of Issuance of mUnicipal debt.
42
43 3. That the City Council JOinS the Virginia MUniCipal League In urging the President
44 and Congress to take all steps necessary to promote a long-term strategy to strengthen
45 and stabilize the economy by developing the public Infrastructure of the United States.
46
47 4 That the City Clerk IS hereby directed to transmit a copy of this resolution to both
48 of Virginia's United States Senators and Virginia Beach's Congressperson, as well as the
49 Virginia Municipal League.
50
51 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
52 , 2008.
APPROVED AS TO CONTENT AND
LEGAL SUFFICIENCY
::e~ ~
City Attorney's Offi
CA 10901
R-2
October 23, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: (1)
(2)
A Resolution to Adopt the Plan to End Family Homelessness
An Ordinance to Accept Funding from the George and Grace Dragas
Family Foundation to the Department of Housing and Neighborhood
Preservation's FY 2008-09 Operating Budget.
MEETING DATE: October 28, 2008
. Background: In December 2007, Helen Dragas announced her plans to award
the City with a grant In the amount of $500,000 to address homelessness In families
with children. In May 2008, the Dragas Family Foundation Issued a Request for
Proposal (RFP), seeking to know how the City would apply these funds to address
homeless and how the City would evaluate the effectiveness of the programs
Implemented. To address thiS RFP, staff from the Department of Housing and
Neighborhood Preservation convened a Task Force with representation from the
Department of Human Services, Samaritan House, the Office of School Social Work of
the Virginia Beach City Public Schools, and the Virginia Beach Community
Development Corporation (VBCDC). These represent the key organizations that serve
homeless families In Virginia Beach. The group developed a "Plan to End Family
Homelessness" (hereafter referred to as the Plan) that ,complements the previously
Council-adopted "Ten Year Plan to End Homelessness", both of which will serve as the
basIs for any grant-funded actions. The grant proposal was crafted from the Task
Force's efforts.
The plan and the grant application were developed, reviewed, and approved by thiS
group. Next, it was presented to the organizations Involved In homelessness In the City
Finally, the Plan and the proposed actions to be funded by the grant were proVided to
the Dragas Family Foundation on September 6, 2008. The Dragas Family Foundation
has since notified the City that the grant application has been accepted.
. Considerations: The proposed activities Involve the use of at least four sources
of funds:
o Dragas grant funds.
o City matching funds of $35,000 (7% match rate), and there are suffiCient funds In
the General Fund Reserve for ContingenCies to proVide thiS match.
o Federal housing funds that will be received In FY 2009-2010.
o Rapid Re-Houslng funds expected to be received as a result of a Federal grant
application filed by the City In September 2008.
The grant funds form the core of funding for the proposed activities, leveraging the use
of other funds. Developing and Implementing these new programs will represent a major
enhancement to the City's efforts In addreSSing family homelessness. Some of these
programs may be Implemented, through a contractual agreement, by organizations
outside of the City
In addition to the City of Virginia Beach, the City of Chesapeake and the City of Norfolk
have received similar grants from the Dragas Family Foundation. As part of the grant
requirements, the City IS expected to cooperate with our regional counterparts to
develop any aspects of the program that can be achieved regionally And staff .has
addressed regional activities In the Plan, and .through the Regional Task Force to End
Homelessness.
Because the grant represents one-time funding, there IS a concern regarding the
sustalnability of the program. The three cities that have received these grants will be
cooperating on a JOlnt-fundralslng activity, with a goal of raising $1 million In additional
outSide funding that will provide for the long-term sustalnability of the program activities.
These funds cannot be guaranteed, however Therefore, some programs and activities
established and funded by the grant or other sources can be expected to come to an
end when the specific Dragas funding IS exhausted. In addition, staff coordinating and
operating the programs will be hired on a contractual basIs so that no long-term
positions are created.
There are sufficllent funds In the General Fund Reserve for Contingencies to provide the
required match.
. Public Il1Iformation: As noted, the key stakeholders In the homelessness area
have been bne1:ed regarding thiS grant. In addition, the Initial bnefing to Council and
associated news coverage has prOVided the public with an opportunity to be aware of
thiS proposal. Additionally, public Information will be coordinated through the traditional
Council agenda process.
. Alternatives: Although vanous alternatives for the use of the grant funds eXist,
the proposed application was based on the Input of all key stakeholders. The Plan has
been accepted by Dragas. Without Council action to accept and appropnate the grant
and appropnate the matching funds, the proposed programs cannot be Implemented.
. Recommendations: Adopt ordinance and resolution, and authOrize the City
Manager to sign any necessary contracts with the George and Grace Dragas Family
Foundation, and other organrzations that may Implement programs, regarding the use of
these funds.
. Attachml:!nts: Resolution, Ordinance and Grant Application Package.
Recommended Action: Adoption of
of Housing and Neighborhood
Submitting DI:!partmentlAgency:
Preservation
City Manager: (12. ~. U~
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
AN ORDINANCE TO ACCEPT FUNDING FROM THE
DRAGAS FAMILY FOUNDATION AND TO
TRANSFER FUNDS TO THE FY 2008-09
DEPARTMENT OF HOUSING AND NEIGHBORHOOD
PRESERVATION OPERATING BUDGET
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA.
1 That $500,000 IS hereby accepted from the Dragas Family Foundation and
appropriated to the FY 2008-09 Department of Housing and Neighborhood Preservation
Operating Budget to address homelessness In families with children.
2. That $35,000 IS hereby transferred from the General Fund Reserve for
Contingencies to the FY 2008-09 Department of Housing and Neighborhood
Preservation Operating Budget as a local match for the Plan to End Family
Homelessness.
3. That the City Manager IS hereby authorized to sign necessary contracts with
the Dragas Family Foundation and any other organizations to conform with the grant
requirements,
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day
of
ReqUIres an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
;e~~
City Attorney's Offl
J3w~D - ~
Management Services
CA 10879
R-3
October 20,2008
1 RESOLUTION TO RECOGNIZE AND THANK THE
2 GEORGE AND GRACE DRAGAS FAMILY FOUNDATION
3 AND TO ADOPT A PLAN TO END FAMILY
4 HOMELESSNESS
5
6 WHEREAS, Virginia Beach's vIsion of Community for a Lifetime Includes all
7 residents;
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9 WHEREAS, addressing the problem of homelessness IS a part of achieving that
10 VISion;
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12 WHEREAS, on April 23, 2007, Council adopted a Ten-year Plan to End
13 Homelessness;
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15 WHEREAS, the George and Grace Dragas Family Foundation, based In part on
16 the Council's commitment to end homeless ness, has generously promised $500,000 In
17 funding to address family homelessness In Virginia Beach;
18
19 WHEREAS, staff have developed a proposal to end family homelessness that
20 effectively uses the Dragas Family Foundation funds and other funds; and
21
22 WHEREAS, Council Wishes to recognize and thank the Foundation and to
23 endorse the plan for the use of funds presented by staff.
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25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA.
27
28 That the Council expresses its deep appreciation of the grant provided by the
29 George and Grace Dragas Family Foundation and specifically to Ms. Helen Dragas, and
30 further
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32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
33 BEACH, VIRGINIA.
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35 That the Council adopts the Plan to End Family Homelessness presented by the
36 staff and made possible In great part by the Foundation's grant.
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day of
APPROVED AS TO CONTENT
SUFFICIENCY
APPROVED AS TO LEGAL
B~u..~
Management SElrvlces
~~rxfk
ity Attorney's ff' "
CA 10880 / R-1 / October 1, 2008
~~~...~~.~~
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $667,246 (Property of John A.
Baum and Mary Sandra Baum)
MEETING DATE: October 28, 2008
. Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") was adopted by the City Council for the purpose of promoting and
enco~raging the preservation of farmland in the rural southern portion of the City.
Under the Agricultural Reserve Program established by the Ordinance, the City
purchases the development rights of eligible parcels of land, leaving the fee simple
ownership of the land unchanged. These purchases are embodied by perpetual
agricultural land preservation easements pursuant to which only agricultural uses, as
defined in the Ordinance, are allowed on the land.
The subject property has been appraised by an independent appraiser retained
by the City. The appraiser has determined the fair market value of the property, based
upon eleven (11) comparable sales. From the fair market value, the value of the
development rights has been determined by subtracting $900 per acre, which has
previously been established as the farm value (Le., value of the land restricted to
agricultural uses) for land throughout the southern rural area of the City. The resulting
amount is the value of the development rights of the property.
All offers by the City to purchase the development rights to property are
expressly made contingent upon the absence of any title defects or other conditions
which, in the opinion of the City Attorney, may adversely affect the City's interests, and
other standard contingencies.
. Considerations: The subject property consists of two (2) parcels of land having
approximately 98.77 acres outside of marshland or swampland. It is owned by John A.
Baum and Mary Sandra Baum. Under current development regulations, there is a total
development potential of nine (9) single-family dwelling building sites, one of which will
be reserved for future development as a 3-acre building site. Property owners are no
longer required to designate the location of the area reserved for future building sites,
but are required to subdivide such sites prior to building on them. The site, which is
shown on the attached Location Map, is located at 6465 Crags Causeway, in the District
of Princess Anne. The proposed purchase price, as stated in the ordinance, is
$667,246. This price is the equivalent of approximately $6,756 per acre of easement
acquired.
2
The terms of the proposed acquisition are that the City would pay Interest only for
a penod of 25 years, with the pnnclpal amount being due and payable 25 years from the
date of closing. The Interest rate to be paid by the City will be the greater of 3.6500%
per annum or the per annum rate which IS equal to the Yield on U.S. Treasury STRIPS
purchased by the City to fund its pnnclpal obligation under the Installment Purchase
Agreement, nojt to exceed 5.6500% without the further approval of the City Council.
The proposed terms and conditions of the purchase of the Development Rights
pursuant to the Installment Purchase Agreement, Including the purchase pnce and
manner of payment, are fair and reasonable and In furtherance of the purposes of the
Ordinance.
. Public Ilnformation: The ordinance has been advertised by publication In a
newspaper having general circulation In the City once per week for two successive
weeks.
. Alternatives: The City Council may decline to purchase the development nghts
to the property
. Recommendations: Adoption of the ordinance and acquisition of the
development ril~hts, assuming all contingencies are met.
. Attachments: Ordinance; Summary of Matenal Terms of Installment Purchase
Agreement (full Agreement IS on file In the City Attorney's Office); area map shOWing
location of property
Recommended Action: Adoption
Submitting Dep,artmentlAgency: Agriculture Department ! f~'
City Manager: ''\? ~ ~
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND
THE ISSUANCE BY THE CITY OF ITS CONTRACT
OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF
$667,246. (PROPERTY OF JOHN A. BAUM AND MARY
SANDRA BAUM)
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8 WHEREAS, pursuant to the Agncultural Lands Preservation Ordinance (the
9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been
10 presented to the City Council a request for approval of an Installment Purchase Agreement
11 (the form and standard provIsions of which have been previously approved by the City
12 Council, a summary of the matenal terms of which IS hereto attached, and a true copy of
13 which IS on file In the City Attorney's Office) for the acquisition of the Development Rights
14 (as defined In the Installment Purchase Agreement) on certain property located In the City
15 . and more fully described In Exhibit B of the Installment Purchase Agreement for a
16 purchase price of $667,246; and
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WHEREAS, the aforesaid Development Rights shall be acqUired through the
acquisition of a perpetual agnculturalland preservation easement, as defined In, and In
compliance with, the requirements of the Ordinance; and
WHEREAS, the City Council has reViewed the proposed terms and conditions of the
purchase as eVidenced by the Installment Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA.
1 The City Council hereby determines and finds that the proposed terms and
conditions of the purchase of the Development Rights pursuant to the Installment Purchase
Agreement, Including the purchase pnce and manner of payment, are fair and reasonable
and In furtherance of the purposes of the Ordinance, and the City Manager or hiS deSignee
IS hereby authonzed to approve, upon or before the execution and delivery of the
Installment Purchase Agreement, the rate of Interest to accrue on the unpaid pnnclpal
balance ofthe purchase pnce set forth hereinabove as the greater of 3.6500% per annum
or the per annum rate which IS equal to the Yield on United States Treasury STRIPS
purchased by the City to fund such unpaid pnnclpal balance; proVided, however, that such
rate of Interest shall not exceed 5.6500% unless the approval of the City Council by
resolution duly adopted IS first obtained.
2. The City Council hereby further determines that funding IS available for the
acqUisition of the Development Rights pursuant to the Installment Purchase Agreemel'1t on
the terms and conditions set forth therein.
3. The City Council hereby expressly approves the Installment Purchase
Agreement and, subject to the determination of the City Attorney that there are no defects
In title to the property or other restnctions or encumbrances thereon which may, In the
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opinion of the City Attorney, adversely affect the City's Interests, authonzes the City
Manager or his designee to execute and deliver the Installment Purchase Agreement In
substantially thl3 same form and substance as approved hereby with such minor
modifications, Insertions, completions or omissions which do not matenally alter the
purchase pnce or manner of payment, as the City Manager or his designee shall approve.
The City Council further directs the City Clerk to affix the seal of the City to, and attest
same on, the Insitallment Purchase Agreement. The City Council expressly authonzes the
Incurrence of thE~ Indebtedness represented by the Issuance and delivery of the Installment
Purchase Agreement.
4 The City Council hereby elects to Issue the Indebtedness under the Charter
of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes
the Indebtedness a contractual obligation beanng the full faith and credit of the City
Adoption requires an affirmative vote of a majority of all members of the City
Council.
Adopted Iby the Council of the City of Virginia Beach, Virginia, on this
,2008.
day of
CA 10764
V:\applications\citylawprod\cycom32\Wpdocs\OO14\POO4\00069607. DOC
R-1
DATE. October 14, 2008
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL SUFFICIENCY
17 c:------
Agnculture Department
lutth q ~~
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
~tfn1ng~
2
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2008-91
SUMMARY OF MATERIAL TERMS
SELLER: BAUM, John A. and Mary Sandra
PROPERTY LOCATION: 6465 Crags Causeway, Princess Anne District
PURCHASE PRICE: $667,246
EASEMENT AREA: 98.77 acres, more or less
DEVELOPMENT POTENTIAL: 9 single-family dwelling sites (8 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 3.6500% (actual rate to be determined when STRIPS are purchased prior
to execution of IPA). Rate may not exceed 5.6500% without approval of City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from
IP A date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery ofIPA.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Authorize the Acquisition of 17.64+/- acres of Real
Property Located on General Booth Boulevard from the Commonwealth
of Virginia for $300,000.
MEETING DATE: October 28,2008
. . Background: In 1986, the Commonwealth of Virginia (the "Commonwealth")
Informed the City of Virginia Beach (the "City") that the Commonwealth was
declaring surplus all property at Camp Pendleton SMR, outside of the main post.
In response, the City has purchased several parcels owned by the
Commonwealth, Including what IS now' Red Wing Golf Course- plus 130 acres
for future expansion; the Fire Training Center; the Birdneck Fire Station Site; the
Birdneck Elementary School Site; the Seatack Elementary School Site; the Owls
Creek Tennis Center Site; and several other small parcels.
The Commonwealth has now Indicated its willingness to sell to the City an
approximately 17.64 acre parcel on General Booth Boulevard, between Berknor
Drive and South Birdneck Road (the "Property") for the sum of $300,000.
The Property IS encumbered by a 100 foot-Wide Virginia Dominion Power
easement, and approximately three acres of the Property are wetlands. The
easement and the wetlands overlap, and a total of approximately five acres are
Impacted by one or both of these conditions. The adjOining property owners, Sea
Bay Development Corp. (operators of the Holiday Trav-L Park), have also
constructed numerous encroachments on the Property The City would acquire
the Property "as-Is" with no additional deed restrictions Imposed by the
Commonwealth.
Staff recommends acqUisition of the Property for preservation as open space.
. Considerations: The City and the Commonwealth have reached an agreement
on the parcel's purchase price and the terms of the acqUisition. The purchase
pnce IS $300,000 and IS recommended to be funded from the Open Space
Program Site AcqUisition Project (CIP 4-004).
. Public Information: Advertisement of City Council Agenda
. Recommendations: Purchase the Property for $300,000 through the Open
Space Program Site AcqUisition Project (CIP 4-004).
. Attachments: Ordinance, Location Map and Summary of Terms
Recommended Action: Approval
Submitting Department/Agency: PW IREAL EST~"-' c" t2if,/I:!
CitYManager:~. &. ~-t--
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AN ORDINANCE TO AUTHORIZE THE
ACQUISITION OF 17.64+/- ACRES OF REAL
PROPERTY LOCATED ON GENERAL BOOTH
BOULEVARD FROM THE COMMONWEALTH
OF VIRGINIA FOR $300,000
WHEREAS, the Commonwealth of Virginia ("Commonwealth") IS the owner of an
approximately 17.64+/- acre parcel of real estate located on the west side of General Booth
Boulevard, between Berknor Dnve and South Birdneck Road, In the City of Virginia Beach,
Virginia (the "City"), GPIN 2416-61-5781 (the "Property");
WHEREAS, Commonwealth desires to sell the Property to the City for $300,000;
WHEREAS, the City Council of the City of Virginia Beach, Virginia IS of the opinion
that the acquisition of the Property would further the City's Open Space Initiative;
WHEREAS, funding for this acquisition IS available In the Open Space AcqUisition
CIP account (CIP 4-004).
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA.
1 That the City Council authonzes the acquisition of the Property pursuant to
915.2-1800 of the Code of Virginia (1950), as amended, which Property IS generally
Identified as GPIN 2416-61-5781 and shown on Exhibit A attached hereto.
2. That the City Manager or his designee IS further authonzed to execute all
documents that may be necessary or appropnate In connection with the purchase of the
Property, so long as such documents are In accordance with the Summary of Terms
attached hereto and such other terms, conditions or modifications as may be acceptable to
the City Manager and In a form deemed satisfactory by the City Attorney
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
CA-10765
APPROVED AS TO LE
SUFFICIENC .
V :lapplical1Onslcltylawprodlcycom321 WpdocslDO 141POO4\00069648.DOC
R-1
October 16, 2008
APPROVED AS TO CONTENT
APPROVED AS TO CONTENT
~
c.
P lic Works/Real Estate
SUMMARY OF TERMS
An Ordinance to Authorize the Acquisition of 17.64+/- acres
of Real Property Located on General Booth Boulevard
from the Commonwealth of Virginia for $300,000.
OWNER:
Commonwealth ofVirgtllIa
BUYER:
City ofVirgtllIa Beach
ZONING:
P-l/R-5-D
AICUZ:
> 75 dB DNL
SALE PRICE:
$300,000 at Settlement by check.
SOURCE OF
FUNDS:
CIP4-004 - Open Space Program Site AcqUIsItIon ProJect
SETTLEMENT
DATE:
On or before thIrty (30) days after acqUISItIOn IS authonzed by Council.
SPECIAL TERMS
AND CONDITIONS:
. City shall accept the Property "as-Is"
. Seller shall prepare Deed conveymg tItle to the Property to City and pay all expenses of
preparatIon ofthe Deed, the grantor's tax and ItS own attorney's fees and costs.
. City shall bear all other costs of closmg.
V :lapptical1onslcrtylawprodlcycom32\ WpdocslDO 141POO4100069647.DOC
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize the acqUisition of two adjacent parcels of real
property totaling 17,864 +/- sq. ft. (0.40 acres) located at 400 Atlantic Avenue
and 205 4th Street In the City of Virginia Beach for $1,500,000 from Winfred L.
Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C. Ozburn.
MEETING DATE: October 28,2008
. Background:
Winfred L. Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C Ozburn
(collectively the "Sellers") own two parcels totaling approximately 17,864 +/-
square feet (0.40 acres) of land and Improvements thereon located at 400
Atlantic Avenue and 205 4th Street (the "Property"). The Property IS adjacent to
the Ocean Keys Resort and Windward Landing Condominiums at the
Oceanfront.
The Sellers contacted the City of Virginia Beach requesting the City to purchase
the Property The Sellers and the City negotiated a purchase price of
$1,500,000.
The City has assembled several parcels In the Immediate vIcinity of the Property
for use for a future development at Rudee Loop.
Staff recommends acquisition of the Property to further the long-range goals of
the City for future development of Rudee Loop.
. Considerations:
The City and the Sellers have reached an agreement on the purchase price for
the Property and the terms of the acquisition. The purchase price IS $1,500,000
and IS recommended to be funded from Various Site AcqUisitions (CIP 3-368).
. Public Information:
Advertisement of City Council Agenda
. Recommendations:
Approve the acquisition as set forth In the attached Summary of Terms.
. Attachments:
Ordinance, Location Map and Summary of Terms
Recommended Action: Approval of the Ordinance.
Submitting Dep~lrtmentlAgenCY: Public Works/Real ES~..aaM1 ! ~ ,/l.i!.
City Manager: 'R.~. ~ (/ - .
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AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF
TWO ADJACENT PARCELS OF REAL PROPERTY
TOTALING 17,864+/- SQ. FT (0.40 acres) LOCATED AT
400 ATLANTIC AVENUE AND 205 4th STREET, IN THE
CITY OF VIRGINIA BEACH FOR $1,500,000 FROM
WINFRED L. MURPHY, BRENDA J. SMITH, FAYE J.
MOLNAR AND FORREST C. OZBURN
WHEREAS, Winfred L. Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C.
Ozburn (collectively, "Sellers") own two adjacent parcels of real property totaling 17,864
+/_ square feet (0.40 acres) at 400 Atlantic Avenue and 205 4th Street, Beach District,
GPIN 2427-22-8656 and GPIN 2427-22-9617 (collectively the "Property");
WHEREAS, Sellers deSire to sell the Property to the City of Virginia Beach (the
"City");
WHEREAS, the City has Identified the Property as a strategic site for potential
future development at the Rudee Loop section of the Oceanfront; and
WHEREAS, funding for this acquisition IS available In the Various Site
Acquisitions CIP account (CIP 3-368).
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA.
1 That the City Council authOrizes the acquisition of the Property by'
purchase pursuant to 9 15.2-1800 of the Code of Virginia (1950), as amended, which
Property IS generally Identified as GPIN 2427-22-8656 and GPIN 2427-22-9617 and
shown on Exhibit A attached hereto.
2. That the City Manager or hiS deSignee IS further authOrized to execute all
documents that may be necessary or appropnate In connection with the purchase of the
Property, so long as such documents are In accordance with the Summary of Terms
attached hereto, and such other terms and conditions deemed necessary and suffiCient
by the City Manager and In a form deemed satisfactory by the City Attorney
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
of
CA-10762
v :lapplicatlOnslcltylawprndlcycolD321 WpdocslDO 14\P004I00069720.DOC
R-1
October 17, 2008
APPROVED AS TO CONTENT
~ C. ~6'~
C Works/Real state
APPROVED AS TO LEGAL
SUFFICIENCY.~
~-
City Attorney's Office
P
l'
SUMMARY OF TERMS
An Ordinance to Authorize the purchase of two adjacent
parcels of real property totaling 17,864 +/- s~ ft. (0.40
acres) located at 400 Atlantic Avenue and 205 4t Street In
the City of Virginia Beach for $1,500,000 from Winfred L.
Murphy, Brenda J. Smith, Faye J. Molnar and Forrest C.
Ozburn.
SELLERS:
Winfred L. Murphy, Brenda J. Smith, Faye J. Molnar
and Forrest C. Ozburn.
BUYER:
City of Virginia Beach
ZONING:
RT-1
AICUZ:
65 - 70 dB DNL
SALE PRICE:
$1,500,000 at Settlement
SOURCE OF
FUNDS:
CIP 3-368- Various Site Acquisitions
SETTLEMENT
DATE:
On or before thirty (30) days after acquisition IS authorized by
Council.
SPECIAL TERMS
AND CONDITIONS:
· Seller shall prepare Deed conveYing title to the Property to City and pay all
expenses of preparation of the Deed, the grantor's tax and its own
attorney's fees and costs.
· City shall bear all other costs of closing.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
"'"
\...
~
ITEM: An Ordinance to authonze the acquisition of 2,500+/- sq. ft. (.057 ac.) of real
property for Open Space near Lake Smith Fishing Station for $13,000 from the heirs
of Minam A. Peyton.
MEETING DATE: October 28,2008
. Background: Lauren Peyton Bell, Karen E. Peyton and Walter B. Peyton, Jr are
the heirs of Minam A. Peyton (collectively "the Peytons") and own a .057 acre /2,500
sq. ft. parcel of real property located In the Bayslde Distnct and known as Lot 11,
Block 2, Lakeside, Locust Crescent (the "Property"). The Property was purchased by
Peytons' grandfather with the Intention of building on the Property Minam A. Peyton
subsequently Inherited the Property, and after she died, her heirs contacted the City
of Virginia Beach requesting the City purchase the Property
The Peytons and the City negotiated a purchase pnce of $13,000.
The City acquired the property on either side of the Property for a natural area
around the Lake Smith Fishing Station. If acquired, the Property could be
Incorporated Into the natural area.
Staff recommends acquisition of the Property for preservation as open space, and
the City's Open Space Subcommittee has been bnefed and endorsed acquisition of
the Property
. Considerations: The City and Peyton have reached an agreement on the
Property's purchase pnce and the terms of the acqUisition. The purchase pnce IS
$13,000 and IS recommended to be funded from the Open Space Program Site
Acquisition Project (CIP 4-004).
. Public Information: Advertisement of City Council Agenda
. Recommendations: Purchase the Property for $13,000 through the Open Space
Program Site AcqUisition Project (CIP 4-004).
. Attachments: Ordinance, Summary of Terms, and Location Map
Recommended Action: Approval
Submitting Department/Agency: Public Works / Real Estate ~rij;)a4M4 g ~At'
City Manager: 12-\. ~r . "'7
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41
AN ORDINANCE TO AUTHORIZE THE
ACQUISITION OF 2,500+/- SQ. FT (.057 AC.)
OF REAL PROPERTY FOR OPEN SPACE
NEAR LAKE SMITH FISHING STATION FOR
$13,000 FROM THE HEIRS OF MIRIAM A.
PEYTON
WHEREAS, Lauren Peyton Bell, Karen E. Peyton, and Walter B. Peyton, Jr.,
(collectively thH "Owners") Inherited Lot 11 , Block 2, Lakeside, Bayslde Distnct, GPI N 1469-
52-5403 (the "Property") from Miriam B. Peyton;
WHEREAS, the Owners desire to sell the Property to the City of Virginia Beach (the
"City");
WHEREAS, the City's Open Space Subcommittee has Identified the Property as a
parcel to be considered for acqUisition as part of the City's Open Space Initiative and has
recommended that the Property be acquired for use as natural area surrounding the Lake
Smith Fishing Station;
WHEREAS, the City Council of the City of Virginia Beach IS of the opinion that the
acqUisition of tl1e Property would further the City's Open Space Initiative;
WHEREAS, funding for thiS acquisition IS available In the Open Space AcqUisition
CIP account (CIP 4-004).
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA.
1 That the City Council authOrizes the acquisition of the Property by purchase
pursuant to ~ 115.2-1800 of the Code of Virginia (1950), as amended, which Property IS
generally Identified as GPIN 1469-52-5403 and shown as Lot 11, Block 2, Map of LakeSide
(MB3, PG171), as shown on Exhibit A attached hereto.
2. That the City Manager or his designee IS further authOrized to execute all
documents that may be necessary or appropriate In connection with the purchase of the
Property, so long as such documents are In accordance with the Summary of Terms
attached hereto, and such other terms, conditions or modifications as may be acceptable
to the City Manager and In a form deemed satisfactory by the City Attorney
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
CA-10761
V 'lapplical1Onslcltylawprodlcycom321 WpdocslD021 IP003100057598.DOC
R-1
October 16, 2008
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY.
c. s
blic Works/Real Estate
APPROVED AS TO CONTENT
~
Par s & Recreation
/'
SUMMARY OF TERMS .
An Ordinance to authorize the acquisition of 2,500+/- sq. ft. (.057 ac.)
of real property for Open Space near Lake Smith Fishing Station
for $13,000 from the heirs of Miriam A. Peyton.
PROPERTY
SIZE AND
LOCATION:
2,500+/- sq. ft. (.057 ac.) of real property known as Lot 11,
Block 2, LakesIde, Locust Crescent, GPIN: 1469-52-5403,
located m the BaysIde DIstnct
SELLER:
Lauren Peyton Bell, Karen E. Peyton, and Walter B. Peyton, Jr., heIrs
ofMinam A. Peyton
BUYER:
City ofVirgtllIa Beach
ZONING:
R-5-D
AICUZ:
N/A
SALE PRICE:
$13,000 at Settlement by check.
SOURCE OF
FUNDS:
CIP4-004 / Open Space Program Site AcqUISItIon ProJect
SETTLEMENT
DATE:
On or before thIrty (30) days after acqulSltlOn IS authonzed by
City Council.
SPECIAL TERMS
AND CONDITIONS:
. Property must be conveyed free and clear of all leases, tenanCIes and nghts of
possessIOn of any and all partIes other than the City.
. Seller shall pay the grantor's tax and ItS own attorney's fees and costs.
. City shall bear all other costs of closmg.
V :\applical1ons\crtylawprod\cycom32\ Wpdocs\DOO8\PO07\00069264.DOC
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CITY OF VIRGINIA BEACH
AGENDA ITEM
"
"-
~
ITEM: An Ordinance to authorize Temporary Encroachments Into a portion of a variable
width canal on City property located at the rear of 304 Teal Crescent, for property
owners Michael C Maloney and Virginia A. Maloney
MEETING DATE: October 28,2008
. Background:
Michael C Maloney and Virginia A. Maloney have requested permission to
construct and maintain a pier extension and a 4 pile boat lift and to maintain an
eXisting dock and deck In a portion of a variable width canal on City property
located at the rear of 304 Teal Crescent, Virginia Beach, Virginia. The said canal
located behind the Maloney's property IS adjacent to Sand Broad Lake.
. Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined In the Agreement.
There are Similar encroachments In the variable width canal adjacent to Sand
Broad Lake.
In accordance with the recommendations of City Council to help address water
quality protection In conjunction with Temporary Encroachments onto City
property, the requested encroachments have been reviewed by the Department
of Planning/Environmental Management Center Staff IS of the profeSSional
opinion that there IS a functioning revetment on the property and suffiCient
eXisting ground covers. In lieu of placing additional buffer areas on the property,
the applicants paid, as compensation for the riparian buffer area, $798.00 to the
Department of Planning, to be used toward the Tree Restoration - Shore Drive
Area Trust Fund.
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
. Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
. Attachments:
Ordinance, Agreement, Plat, Location Map and Pictures.
Recommended Action: Approval of the ordinance. ~. A
Submitting Department/Agency: Public Works/Real Estat..j.b /' !'.
City Manager: ~..\_ ~~
f24/lC1
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF A VARIABLE
6 WIDTH CANAL ON CITY PROPERTY
7 LOCATED AT THE REAR OF 304
8 TEAL CRESCENT, FOR PROPERTY
9 OWNERS MICHAEL C. MALONEY
10 AND VIRGINIA A. MALONEY
11
12 WHEREAS, Michael C. Maloney and Virginia A. Maloney desire to construct and
13 maintain a pier extension and a 4 pile boat lift and to maintain an eXisting dock and deck
14 upon a portion of a vanable Width canal on City property, located at the rear of 304 Teal
15 Crescent In the City of Virginia Beach, Virginia.
16
1 7 WHEREAS, City Council IS authonzed pursuant to 99 15.2-2009 and 15.2-2107,
18 Code 'of Virginia, 1950, as amended, to authonze temporary encroachments upon the
19 City's nght of way/property subject to such terms and conditions as Council may
20 prescribe.
21
22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA.
24 That pursuant to the authority and to the extent thereof contained In 99 15.2-
25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Michael C. Maloney and
26 Virginia A. Maloney, their heirs, assigns and successors In title are authonzed to
27 construct and maintain temporary encroachments for a pier extension and a 4 pile boat
28 lift and to maintain an eXisting dock and deck In a portion of the City's property as
29 shown on the map marked Exhibit "A" and entitled: " "EXHIBIT A" ENCROACHMENT
30 OF PROPOSED PIER & BOATLlFT AND EXISTING DOCK & DECK IN SAND BROAD
31 LAKE AT LOT 77 SANDBRIDGE SHORES SECT. 1B - NORTH MB 103 P 24
32 VIRGINIA BEACH, VIRGINIA," a copy of which IS on file In the Department of Public
33 Works and to which reference IS made for a more particular descnption; and
34
35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
36 subject to those terms, conditions and critena contained In the Agreement between the
37 City of Virginia Beach and Michael C. Maloney and Virginia A. Maloney (the
38 "Agreement"), which IS attached hereto and Incorporated by reference; and
39
40 BE IT FURTHER ORDAINED, that the City Manager or hiS authonzed deSignee
41 IS hereby authonzed to execute the Agreement; and
42
43 BE IT FURTHER ORDAINED, that thiS Ordinance shall not be In effect until such
4 4 time as Michael C. Maloney and Virginia A. Maloney and the City Manager or hiS
45 authonzed deSignee execute the Agreement.
46
47
48 of
Adopted by the Council of the City of VirginIa Beach, Virglma, on the
,2008.
CA-10750
X:IOIDIREAL ESTATElEncroachmentslPW OrdinanceslCA10750 Maloney Ordiance.doc
V:\applications\citylawprod\cycom32IWpdocs\D013\PO03100064702.00C
R-1
PREPARED' 9/15/08
APPROVED AS TO CONTENTS
~l>- .0- ~~ Y'lnloy
PUBLIC WORKS, REAL ES E
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~ Jjwt ~f'n'\(II>"J
CI A TIORNEY I
day
PREPARED BY VIRGINIA BEACH
CITY A TIORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this /1-:3 day Of$ , 2008, by
and between the CITY OF VIRGINIA BEACH, V IRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and MICHAEL C. MALONEY AND
VIRGINIA A. MALONEY, husband and wife, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "Lot 77" as shown on that certain plat
entitled: "SANDBRIDGE SHORES SECTION 1 B NORTH PRINCESS ANNE
BOROUGH VIRGINIA BEACH, VA." and said plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and
being further designated, known, and described as 304 TEAL CRESCENT, Virginia
Beach, Virgima 23456; '.
WHEREAS, it IS proposed by the Grantee to construct and maintain a pier
extension and a 4 pile boat lift and to maintain an eXisting dock and deck, collectively,
the "Temporary Encroachment", In the City of Virginia Beach;
WHEREAS, In constructing and maintaining the Temporary
Encroachment, it IS necessary that the Grantee encroach into a portion of a variable
Width canal on City property located adjacent to Sand Broad Lake, the "Encroachment
Area"; and
GPIN: 2433-27-3415
2433-26-0888 (City Property~ canal)
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accrumg or to accrue to the Grantee a nd for the further consideration of One
Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area .for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructled and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and In accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A lr emporary Encroachment into the Encroachment Area as
shown on that certain plat entitled: ""EXHIBIT A"
ENCROACHMENT OF PROPOSED PIER & BOATLlFT
AND EXISTING DOCK & DECK IN SAND BROAD LAKE AT
LOT 77 SANDBRIDGE SHORES SECT. 1 B - NORTH MB
1m~ P 24 VIRGINIA BEACH, VIRGINIA" a copy of which is
attached hereto as Exhibit itA It arid to which reference IS
made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment hHrein authOrized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
2
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
In case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It IS further expressly understood and agreed that nothing herein
contained shall be const~ued to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning pnor to commencing any construction within
the Encroachment Area (the "Permit").
It IS further expressly understood and agreed that the Grantee shall make
a SEVEN HUNDRED NINETY EIGHT DOLLAR ($798.00) payment, payable to the City
Treasurer, to the Department of Planning In lieu of the npanan buffer that will not be
established on the property; said buffers are a standard condition of the City for
shoreline encroachments. Said payment will be used to restore buffer areas on other
City owned property
3
It IS further expressly understood and agreed that prior to Issuance of a
right of way/utility easement permit, the Grantee must post a bond or other security, in
the amount of two times their engineer's cost estimate, to the Department of Planning to
guard against damage to City property or facilities during construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in forGe all-risk property insurance and general liability or such Insurance as is
deemed necessary by the City, and all insurance poliCies must name the City as
additional namE~d insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability Insurance in an amount not less than $500,000.00,
combined singlE~ limits of such insurance policy or poliCies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance poliCies. The
Grantee assumHS all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It IS further expressly understood and agreed that the Temporary
Encroa chment must conform to the minimum setbacks requirements, as established by
the City.
It IS further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered profeSSional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered profeSSional engineer, if required
by either the Cily Engineer's Office or the Engineering DiviSion of the Public Utilities
Department.
4
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost In any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may Impose a penalty in the sum of One Hundred Dollars
($100.00) per day for eaGh and every day that the Temporary Encroachment IS allowed
to continue thereafter, and may collect such compensation and penalties In any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Michael C. Maloney and Virginia A. Maloney,
the said Grantees, have caused this Agreement to be executed by their signatures.
Further, that the City of Virginia Beach has caused this Agreement to be executed In its
name and on its behalf by its City Manager and its seal be hereunto affixed and attested
by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing Instrument was acknowledged before me this
day of
o' 2008, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. H€!/She is personally known to me.
(SEAL)
Notary Public
Notary'Registration Number'
My Commission Expires:
(SEAL)
ATTEST:
City Clerkl Authorized
Designee of the City Clerk
STATE OF VIRG INIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me thiS
day of
,2008, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Numbero
My CommiSSion Expires:
6
STATE OF VIRGINIA
CITYICOUNTY OF 01~\D'~u.rlp-Wit: .
The foregoing instrument was acknowledged before me this \ l +~day of
9u~
.
,2008, by Michael C. Maloney.
Notary Public
Notary Registration Number:' d. D~ 4-2- ~
My Commission EXPlres::L\ be) J \ 7 -
,-------oFFiC"JAlSiAL--. ...
''i) II)TARY P\lI.&ClJIDMEALlHCf_
, HEATHER MARIE ANDERSON
~ CITY OF VIRGINIA BEACH
- lOt 7203429
My CommIIIlon EXIIRs
September 30,2012
. ..... ~."",...,..........,..........".....,.........",...,..,
STATE OF VIRGINIA r:>.
CITY/COUNTY OF V, ~\Y\\O.... TYD!. ~~wit:
The foregoing Instrument was acknowledged before me this D~ay of
~.
, 2008, by Virginia A. Maloney.
)
Notary Registration Number:] a... 0 b~ 2 ~
My Commission Expires: ~ W [ \ ~
7
--------....
1------ OFFICIAL SEAL
Q)t<<lTARY~1M(f'"
~ HEATHER MARtE ANDERSON
CITY OF VIRGINIA BEACH
_ lOt 1203428
~ Elqlk9S
r 30.2012
---.---
---------
APPROVED AS TO CONTENTS
~~C>-'~~~>-'\
SIGNATURE CH~ I~
9\U\~(t ~ ~;' ~~ '
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
I~~~J 5fWl (luwL
CI ATTORNEY I
8
PROPOSED 4 PILE
BOAT UFT
EXISTING DOCK c!c DECK
(15.5'x16.5')
/"
PARCEL A
PROPERTY OF
CITY OF VIRGINIA BEACH
INST. NO. 20070522000686140
GPIN: 2433-27-3415
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-EXHIBIT A-
ENCROACHMENT OF PROPOSED PIER & BOA TUFT
AND EXISTING DOCK & DECK
IN
SAND BROAD LAKE
AT LOT 77
SANDBRIDGE SHORES
SECT. 18 - NORTH
MB 103 P 24
VIRGINIA BEACH. VIRGINIA
SCALE: ," = 40' JUNE 9,
0' 40' 80'
~ I
GALLUP
SURVEYORS c!c ENGINEERS, L TO.
323 ARST COLONIAl. ROAD
\/IRGlNIA BEACH. \/IRGlNIA 23454
(757)428-8132
\
\
)
/
)
,./
/
08-68dwg
LOT 50
SANDBRIDGE SHORES
SECT. 1 A- NORTH
MB 78 P 50
RANDY HOLDER
GPIN 2433-26-2913
c~\,\\
c~~g
~~\,
REF: PHYSICAL FEATURES
TAKEN FROM
PHYSICAL SURVEY,
DATED 11 /1/95 BY
JOHN E. S1RINE & ASSOC. L TO.
& PREPARED FOR
MICHAEL C. MALONEY
& VIRGINIA A. MALONEY
2008
120'
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept a Grant and Appropriate Funds for Public Safety
Technology
MEETING DATE: October 28, 2008
. Background: The United States Department of Justice Office of Community
Onented PoliCing Services (COPS) has provided funding to the Virginia Beach 'Police
Department since the early 1990's. Histoncally, COPS awarded grants to the City for
technology needs and funding of a portion of the salary and benefits for new officers.
The Department of Justice has awarded the City a 2008 COPS Technology Grant In the
amount of $187,060. Funding of $122,310 will be used to purchase a crime analYSIS
and mapping module for Pistol, the Police records management system. The remaining
$64,750 will be used to purchase eqUipment for the ForensIc Services Unit. ThiS
equipment Includes high quality pnnters, digital cameras, a mobile data terminal for the
field, and other forensIc equipment used to gather eVidence.
. Considerations: There IS no City match required for thiS funding. ThiS funding
will give police crime analysts and the ForensIc Services Unit greater capabilities In
analYZing, predicting and solving crimes.
. Public Information: Public Information will be provided through the normal
Council agenda process.
. Recommendations: It IS recommended that City Council accept and
appropriate the grant award of $187,060.
. Attachments: Ordinance and Award Letter from the U S. Department of Justice
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Police Department I- C 1--1 fi1 fhr1J'
CityManager:~.<t. ~
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AN ORDINANCE TO ACCEPT A GRANT AND
APPROPRIATE FUNDS FOR PUBLIC SAFETY
TECHNOLOGY
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA.
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That $187,060 IS hereby accepted from the U S. Department of Justice and
appropnated to the Police Department's FY 2008-09 Operating Budget for public safety
technology, with estimated revenues Increased accordingly
Adopted by the Council of the City of Virginia Beach, Virginia on the
2008
day
of
ReqUires an affirmative vote by a majority of all the members of City Council.
Approved as to Content:
Approved as to Legal SuffiCiency'
D()~0 _~
Management SE~rvlces
iJ(~1!b-
City Attorney's . ~
CA 10887
R-2
October 14, 2008
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U.S. Department of Justice
Office of Community OrIented Policmg ServIces (COPS)
Office of the Direclor
1100 Vermonl Ave.. NW
Washington. DC 20530
September 25, 2008
Chief of Police Alfred Jacocks
V irgmia Beach, City of
2509 Princess Anne Road
MUnicipal Center, Building II
Virginia Beach, VA 23456
RECEIVED
SEP 29 2008
Re: Technology Program Grant #2008CK WX0561
ORI#' VA 12800
VIRGINI.A. BEACH ?OLlCE DEPT.
CHIEF'S OFFICE
Dear Chief of Police Jacocks:
CongratulatIOns! On behalf of the Department of Justice, I am pleased to mform you that the COPS
Office has approved your agency's request for funding under the COPS Technology Program. Enclosed
In this packet IS your grant award. The award document must be signed and returned to the COPS
Office within 90 days to officially accept your grant. On the reverse side of the grant award is a list of
conditIOns that apply to your grant. You should read and familiarize yourself with these conditions. This
package also contams other Important mformation to assist with the implementatIOn of your grant,
Including your Grant Owner's Manual.
The official start date of your grant IS December 26,2007 Therefore, you can be reimbursed for
approved expenditures after thIs date. Please carefully revIew your financial clearance memorandum to
detennme your approved budget, as some of your requested items may not have been approved by the
COPS Office durmg the budget review process, and grant funds may only be used for approved Items,
Please be aware that any vendor or contractor who participated m draftmg your grant applicatIOn may not
receive federal funding for any procurement under thiS award.
Withm a few weeks, you will receIve a PAPRS package from the Office of the Comptroller, Office
of Justice Programs. ThIS important package will contain forms and instructIOns necessary to begm
drawing down funds for your grant.
Once agam, congratulatIons on your Technology Program award. If you have any questIons about
your grant award, please do not hesitate to call your Grant Program Specialist through the COPS Office
Response Center at 1.800.42 I ,6770.
Sincerely,
G1\(~
Carl R. Peed
Director
(I
u. S. Department of Justice
Community Oriented Policing Services
Grants Administration Division (GAD)
Law Enforcement Technology
1100 Vtrmont Avenut. NW
WOlhonglon. DC 20BO
Memorandum
To: Chief of Police Alfred M, Jacocks
Virgmla Beach, City of
From: Andrew A. Dorr, ASSistant Director for Grants Admllllstratlon
Verlena Braxton, Grant Program Specialist
Budget Prepared By' Antla Noonan, Grant Program Specialist
Re: Law Enforcement Technology Financial Clearance Memo
A financial analYSIS of budgeted costs has been completed. Costs under thiS award appear reasonable, allowable. and
consistent With eXlstlllg gUidelines. Exceptions / Adjustments are noted below
OJP Vendor #: 540722061
ORI#: VA12800
Grant #: 2008CKWX0561
Budl!et Catel!orv 1'roposed Budl!et Approved Budl!et Adiustments Disallowed/Adiusted - Reasons/Comments
EqUipment $88,750.00 $88,750,00 $0.00
Other $98,310,00 $98,310.00 $0.00
Direct Costs: $187,060.00 $187,060.00 $0.00
Grand Total $187,060.00 $187,060.00 $0.00
Grand Total: Federal Share: $ 187,060.00
Applicant Share: $ 0.00
Cleared Date:
8/29/2008
Overall Comments:
All costs listed III thiS budget were programmatIcally approved based on the final budget detail worksheet submitted by your agency to
the COPS Office, Mamtenance agreements (if applicable) must be purchased wlthm the three year grant penod, Prior to the obligatIOn,
expenditure or drawdown of grant funds for non-competitive contracts III excess of $1 00,000, grantee must submit a sole source
JustificatIOn to the COPS Office for r~vlew and approval. Pnor to the obligation, expenditure, or drawdown of grant funds for
consultant fees III excess of$550 per day when the consultant IS hired through a noncompetitIVe bidding process, approval must be
obtained from the COPS Office. If the vendor number on thiS form differs from the ElN number mcluded III your application, then for
admlmstrative purposes only, w(: are asslgmng a different vendor number to your agency The reason for thiS admlmstratlve change lS
that your ongmal ElN number has been assIgned to another agency If this applies to your agency, please use the new vendor number
on all finanCial documents related to thiS grant award. The vendor number should not be used for IRS purposes and only applies to thiS
grant.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Approprrate Funds to Provide an Interest-Free Loan to the
Virginia Aquarrum and Marrne SCience Center Foundation for the JOint
Aquarrum Renovation Project
MEETING DATE: October 28,2008
. Background: On November 9,2004, City Council approved a $1 million loan to the
Virginia Aquanum & Manne SCience Center Foundation, Inc. (lithe Foundation") for
architectural and englneenng ("A&E") costs associated with the renovation of the
Aquarrum's onglnal exhibit gallery In conjunction with the Aquarrum Renovation Project.
At that time, Council also authonzed the City Manager to enter Into an agreement with
the Foundation regarding the renovation project. The Foundation committed $5.2
million In pnvate funding for construction of the exhibits In the renovated exhibit area
and requested the loan so that A&E work could continue when the Foundation
anticipated a gap In pledge receipts. The project, currently underway, was Initially
planned to be completed In May, 2007 However, project delays have pushed the
timeline back, and the current projected completion date IS now March 2009. As a
result of the almost two-year delay In the renovation timeline, the Foundation did not
draw on the loan funds, and the onglnal approprration for the loan IS no longer valid.
This request IS to re-approprrate funds to provide the loan to the Foundation and does
not Increase the loan amount.
. Considerations: The Foundation IS requesting a renewal of the loan and an
adjustment In the repayment schedule, as set forth In the attached Promissory Note.
This loan will reduce the amount of undeslgnated fund balance available In the General
Fund.
. Public Information: Information will be disseminated through the normal Council
agenda process.
.' Alternatives: The alternative to this request could Include pursuit of a business loan
from a pnvate financial Institution, which will be costlier and will likely cause delays In
the opening of the Aquanum renovation.
'. Recommendations: Renew approval of this nO-interest loan and the revised
repayment schedule, as outlined In the attached promIssory note.
. Attachments: Ordinance; Promissory Note, 2004 Agreement with the Foundation
Recommended Action: Approval .
Submitting Department/Agency: Department of Museums ~ J. ~
CitYManager:~_~ ~~
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AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE
AN INTEREST-FREE LOAN TO THE VIRGINIA AQUARIUM
AND MARINE SCIENCE CENTER FOUNDATION FOR THE
AQUARIUM RENOVATION PROJECT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA THAT
1 $1,000,000 IS hereby appropnated from the fund balance ofthe General Fund for
an Interest-free loan to the Virginia Aquanum and Manne SCience Center
Foundation to support the activities associated with the JOint Aquanum renovation
project, contingent upon execution of the attached promissory note;
2. ThiS loan IS to be repaid by the Virginia Aquanum and Manne SCience Center
Foundation over five (5) years, pursuant to the terms of the attached promissory
note;
3. The Foundation, as a condition of receiving thiS loan, shall provide quarterly
reports, beginning on January 1,2009, to the City Manager concemlng the status
of the Foundation's pledge campaign and collections;
4 The respective obligations of the City and the Foundation for the Improvement of
exhibits at the Virginia Aquanum & Manne SCience Center shall continue
pursuanlt to the Cooperation Agreement between the City and the Foundation,
dated November 10, 2004
Adopted by the Council of the City of Virginia Beach, Virginia on the
.,2008.
day of
ReqUires an affirmative vote by a majority of all members of the City Council.
Approved as to Content: .
Approved as to Legal SuffiCiency'
.19Q~O.~
Management Services I
~C7~
City A orney's Offic ~
CA 10889
R-3
October 15, 2008
PROMISSORY NOTE
VIRGINIA AQUARIUM & MARINE
SCIENCE CENTER FOUNDATION
Virginia Beach, Virginia
U.S. $1,000,000
Oct. _, 2008
FOR VALUE RECEIVED, the VIRGINIA AQUARIUM & MARINE SCIENCE
CENTER FOUNDATION, INC. ("Foundation"), a Virginia non-profit corporation having an
address of 717 General Booth Boulevard, SUIte 1, Virgmia Beach, VirgillIa, 23451, promises to
pay to the order of the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia (the "City") having an address of Finance Department, MunICipal
Center, Building One, Virginia Beach, Virginia, 23456, the principal sum of ONE MILLION
DOLLARS ($1,000,000), without interest, from the date hereof until paid.
A. Payments: PrinCIpal shall be payable as follows:
1 Continumg each year until paId in full; five (5) equal installments ofpnncIpal shall be
due and payable. No interest shall accrue on the prmcipal. Such payments shall be:
1. $200,000 due on or before January 15,2010;
2. $200,000 due on or before January 15, 2011,
3 $200,000 due on or before January 15,2012;
4. $200,000 due on or before January 15,2013;
5. $200,000 due on or before January 15,2014.
2: The Foundation covenants and agrees to conduct fundrmsmg efforts that will prOVIded
revenues suffiCIent to meet its obligatIOns hereunder.
3: All payments on this Note shall be made by cashier's check, certIfied check or by WIre
transfer to the account deSIgnated by the City Department of Finance.
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B. Waivers. Extensions and Costs: The FoundatIon (a) waives presentment, demand, protest,
notice of non-payment, notice of dishonor and notice of protest and (b) agrees, if an Event of
Default shall have occurred, to pay all expenses, including reasonable attorney's fees, incurred
by the City m the collectIOn of the amounts due hereunder.
C. Events of Default: The followmg are "Events of Default" hereunder:
(a) the failure to payor perform any obligation, liability or indebtedness of the
FoundatIon to the City hereunder as and when due (whether upon demand, at maturIty or by
acceleratIOn);
(b) the commencement of a proceeding against the Foundation for dissolutIOn or
liquidatIOn that IS not dismissed within ninety (90) days after the Foundation shall have been
duly served with notice of such matter;
(c) the voluntary or mvoluntary terminatIOn or dissolution of the FoundatIOn;
(d) a custodian, trustee, liqUidator or receiver shall have been appomted by a court of
competent jurisdictIon for all or any of the property of the Foundation that is material to its
operatIOns;
(e) an assignment for the benefit of creditors, or the filing of a petItion for any adjustment
of indebtedness, cOlnposltIon or extenSIOn, by the Foundation;
(f) the entry of a final, non-appealable judgment against the Foundation in an amount m
excess of$I,OOO,OOO that IS not satisfied within thIrty (30) days thereafter; or
(g) the seizure or forfeIture of, or the issuance of any final wnt of posseSSIOn or
attachment, or any final turnover order, for property of the FoundatIon without whIch It IS unable
to operate.
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D. Remedies upon Default: Whenever an Event of Default shall have occurred under this Note
and be contmumg beyond any applicable cure penod, (a) the City may, at its optIOn, declare all
sums payable hereunder immediately due and payable, in which case the entire unpaid balance of
the Note and any accrued mterest thereon shall become immediately due and payable and/or (b)
the City may exercise any other remedy available to It under applicable law
E. Non-Waiver: The failure at any time of the City to exercise any of its options or any other
rights hereunder shall not constitute a waIver thereof, nor shall it be a bar to the exerCIse of any
of Its rights at a later date. All rights and remedies of the City shall be cumulative and may be
pursued smgly, successively or together, at the optIOn of the City The acceptance by the City of
any partial payment shall not constItute a waiver of any default or of any of the City's nghts
under this Note. No wavier of any of Its rights hereunder, and no modification or amendment of
this Note, shall be deemed to be made by the City unless the same shall be m writmg, duly
SIgned on behalf of the City Each such Waiver shall apply only WIth respect to the speCIfic
mstance involved, and shall 10 no way impair the rights of the City or the obligatIons of the
FoundatIOn to the City in any other respect at any other time.
F. Applicable Law. Venue and Jurisdiction: This Note and the rights and obligations of the
FoundatIOn and the City hereunder shall be governed by and mterpreted m accordance WIth the
laws of the Commonwealth ofVirgillIa. Any litIgation in connectIon with or to enforce thIS Note
shall be conducted in the courts of the City of VirgmIa Beach, VirgInia, and any objection as to
venue in any such court IS hereby waived.
G. Partial Invaliditv: The unenforceability or invalidation of any provision of thIS Note shall
not affect the enforceability or validity of any other prOVISIon herem, and the invalidity or
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unenforceability of any provIsion of this Note to any person or CIrcumstance shall not affect the
enforceability or validity of such provision as It may apply to other persons or CIrcumstances.
H. Bindin2 Effect:. ThIs Note shall be bmding upon and inure to the benefit of the Foundation
and the City and their respectIve successors and assigns; provided, however, that no obligations
of the Foundation hereunder can be assigned wIthout the prior written consent of the City.
I. Prepayment: This note may be prepaId in part or in full at any time without penalty.
WITNESS the following signatures and seal:
VIRGINIA AQUARIUM &
MARINE SCIENCE CENTER
FOUNDATION, INC.
By:
PresIdent
ATTEST'
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AGREEMENT
BETWEEN THE CITY OF VIRGINIA BEACH
AND THE
VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION, INC.
ThIS AGREEMENT ("Agreement") made and entered mto as of thIS lC l'"'h day
of \\j~...t,1\'O-t\U, 2004, by and between the CITY OF VIRGINIA BEACH, a
murucIpal corporation of the Commonwealth ofVirgmIa (the "City") and the VIRGINIA
AQUARIUM & MARINE SCIENCE FOUNDATION, INC.. a pnvate, non-stock
VirgmIa corporatlOn (collectIvely the "FoundatlOn").
RECITALS
WHEREAS, the City IS the owner and operator of the buildings, grounds and
related facilities located m the City of Virginia Beach, known as the VirgillIa Aquarium
& Manne SCIence Center, formerly known as the Virginia Manne Science Museum (the
"Museum");
WHEREAS, the Foundation IS the owner of all ofthe ammals acqUIred for the
Museum and all permanent exhibIts located m toe Museum, which have been
constructed, funded or purchased by the FoundatIOn;
WHEREAS, on November 12,2002, the City and the FoundatIOn entered mto a
Memorandum of Understanding and an Operatmg Agreement to memorialize theIr long-
standing relatIOnshIp and to support the programs and exhibIts of the Museum;
WHEREAS, the Foundation deSIres to make a substantial mvestment to change
and update the original exhibIts and has embarked on a $5.2 million capItal campaign to
finance the plan and design of the new exhibits, and will separately contract to procure
constructIOn servIces for the exhibIts (collectIVely the "Project");
WHEREAS, the City will cooperate wlth the FoundatIOn m thIS endeavor by (i)
contractmg to procure certam deSIgn servIces, and (ii) contractmg to procure certam
constructIOn servIces for the facilIty improvements needed to house the new exhibIts
through three CapItal Improvement ProJects, which have been deslgnated by the City as
CIP 3-322 "VMSM Ongmal ExhibIt Gallery Renovations" and CIP 3-038 "Various
Buildings RehabilitatIOn and Renewal" and lor CIP 3-100 "Vanous Buildings HV AC
RehabilitatlOn and Renewal" (collectIvely the "Facility Improvements");
WHEREAS, SectIOn 1 (E) of the Operatmg Agreement requires that all JOIntly
funded proJects be memonalized through the executIOn of a speCIfic agreement; and
WHEREAS, the City and FoundatIOn deSIre to memonalize their mutual
obligations pertammg to the deSIgn of the exhibIts and the deSIgn of the building and
mfrastructure WIth the objectIve of producmg two separate, but coordinated sets of
construction documents, sUItable for bIdding and constructing the Project and the Facility
Improvements under separate construction contracts.
AGREEMENT
The parties to thIS Agreement, m consideratIOn of the mutual covenants and
stipulatIOns set forth below, agree as follows:
1. Foundation Responsibilities.
a. The FoundatIOn will contract WIth Chermayeff, Sollogub, and Poole, Inc.
("CSP"), whmie address IS 51 Melcher Street, 9th Floor, Boston, MA 02210 for the desIgn
and engineenn.g of the ProJect, and shall fund all of the desIgn and engmeenng work.
assocIated with both the Project and the Facility Improvements mcluding but not limIted
to, planllIng, preparation of all project documentation, permittmg, design and
engmeenng, preparatIon of construction documents, exhibIt fabncation and mstallatIOn
specIficatIOns, construction contract bidding, and construction contract administration,
save and except for the City's FinanCIal CommItment of $467,000. The Foundation shall
pay all fees charged and costs incurred by CSP m performmg tlus work above the City's
financial comnutment of $467,000.
b. Upon confirmatIOn of suffiCIent funding for all FoundatIOn design costs,
the City will contract WIth CSP as ..Archltect" for the deSIgn and engineering ofthe
Facility Improvements such that design documents will be prepared to be conSIstent WIth
the City's Proposal/BId Contract and General ConditIOns for construction projects. The
City's cost for the servIces to be performed by the Architect shall m no event exceed
$467,000, and saId amount shall be paId to the ArchItect by the City m accordance WIth
the terms ofth(~ contract between the City and the ArchItect. All fees and costs relatmg
to the deSIgn and engineenng ofthe Facility Improvements and/or the Project in excess of
$467,000 shall be the exclUSIve responsibility of the FoundatIon, and both the City's
contract WIth CSP and the FoundatIOn's contract with CSP shall so specify. The City
shall receIve upon conclUSIOn of the deSIgn phase all of the drawmgs and construction
documents for the Facility Improvements necessary and appropnate for bIdding and
construction by the City, both m form and substance.
c. Upon conclUSIOn of the Project and FacilIty Improvements' deSIgn phase,
and prior to the City's advertIsement for construction bIds for the Facility Improvements,
the Foundation shall provide to the City evidence of funding suffiCIent to cover the
difference between the City's constructIOn cost commItment of Two Million Seven
Hundred Thousand ($2,700,000) Dollars and CSP's estimate of total construction costs
. for both the Project and the Facility Improvements, plus a reasonable combmed
construction contmgency. Such eVIdence shall be m the form ofa commItment letter for
a pnvate loan, or such other eVIdence of suffiCIent financmg as may be acceptable to the
City Attorney For purposes of thIS Agreement the term ..reasonable combined
constructIOn contmgency" means 10% ofthe final constructIon cost estImate as
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determIned by CSP after completion of 100% of the necessary construction drawIngs for
both the Project and the Facility Improvements.
d. Upon conclusIOn of the design phase of both the Project and Facility
Improvements, and prior to the City's advertisement for constructIon bids for the Facility
Improvements, the Foundation shall transfer to the City, and the City shall appropnate
mto ItS Capital Improvement Project CIP 3-322, all supplemental funding needed to fund
fully the estimated cost of constructmg the Facility Improvements to the extent that the
estImated cost exceeds the City's constructIOn contributIOn of $2,700,000. The
Foundation acknowledges and agrees that the City shall have the nght to elect not to
proceed WIth the construction of the Facility Improvements If: (i) suffiCIent eVIdence of
the funding the FoundatIOn IS obligated to proVIde, in a form acceptable to the City, IS not
provIded by the FoundatIOn; or (ii) the Foundation fails to transfer to the City all or any
portion of the funds m excess of$2,700,000 whIch are necessary to fund fully the
estimated construction cost of the Facility Improvements, mclusIve of contingency.
e. The Foundation will contract separately from and independent of the City
for the constructlOn, fabrication and installation work necessary to complete the ProJect,
and shall take all reasonable steps to cause the FoundatIon's contractor(s) to prosecute
and complete the work for the Project m a diligent manner.
f. Any Project or Facility Improvement costs in excess of the City's
$467,000 contributIOn for deSIgn costs and ItS $2,700,000 contribution for the Facility
Improvements shall be the exclusive responsibility of the Foundation. All Facility
Improvement costs m excess of $2,700,000 shall be on depOSIt with the City before the
City awards the construction contract for the Facility Improvements.
g. The FoundatIOn and the City will coordinate the ArchItect's reVIew,
InSpectIOn and approval of all phases of the Project to the extent necessary to comply
WIth all applicable City ordinances and inspectIOn requirements. The City shall have the
nght to enter upon any portIOn of the SIte at any tIme for any reason dunng constructIon
of both the Facility Improvements and the ProJect.
2. City Responsibilities.
a. Upon satisfactIon by the FoundatIOn of all conditIons precedent specified
herem, the City shall soliCIt bIds for and award a contract for the constructIOn of the
Facility Improvements constructIOn, and shall prOVIde reasonable cooperatIOn with
ArchItect's contract admmIstratIOn and other servIces relatmg to the Facility
Improvements and the ProJect. The City will work WIth the Architect m the ArchItect's
admIllIstratIOn of the constructIon contract for the Facility Improvements, and shall take
all reasonable steps to cause the City's contractor to prosecute and complete the work for
the Facility Improvements In a diligent manner. Upon completIon of the Facility
Improvements, and ifno claIms between the City and the City's contractor are known or
believed to eXIst, any reSIdual Foundation funding remammg in the elP account will be
returned to the FoundatIon. If any claIms are known or believed to eXIst, the City may, m
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Its discretion, WIthhold any residual FoundatIOn funding until resolutIOn of saId claims.
Any reSIdual FoundatIon funding may be expended by the City in the resolutIOn or
satisfaction of said claims, upon reasonable notIce to the FoundatIOn.
b. The City will prOVIde such assIstance as may be appropriate to the prompt
and efficIent comp]etlOn of both the Project and the Facility Improvements.
c. The City's total finanCIal commItment for the deSIgn servIces shall not
exceed Four Hundred Sixty-Seven Thousand ($467,000) Dollars.
d. The City's total financlal commltment for the constructlOn of the Facility
Improvements shall not exceed Two Million Seven Hundred Thousand ($2,700,000)
Dollars.
3. Non-Appropriation.
It IS understood and agreed between the parties hereto that the City shall be bound
and obligated hereunder only to the extent that the funds shall have been appropriated and
budgeted for the purpose of this Agreement. In the event funds are not appropriated and
budgeted m any fiscal year for payments or finanCial obligations due under thIS
Agreement, thc~ City shall Immediately notIfy the Foundation of such occurrence and thts
Agreement shall terminate on the last day of the fiscal year for which (an)
appropnatIOn(s) (was) were received Without penalty or expense to the City of any kind
whatsoever; prOVIded that the City shall promptly return to the FoundatIOn any
unexpended funds prevIously prOVIded by the FoundatIOn and bemg held by the City.
4. Defaullt; Breach: Remedies: Termination.
In the event, either party, for any reason or through any cause, is m default of the
terms of thIs Agreement, the non-defaultmg party shall gIve the defaultmg party written
notIce of such default by certIfied mail/return receIpt requested at the address to be
prOVIded by the parties. Unless otherwise prOVided, the defaultmg party shall have 14
days from the date such notIce IS mailed m whIch to cure the default. Upon failure ofthe
defaultmg party to cure the default, the defaultmg party shall be m breach, and without
preJudice to any of its other remedies, the non-defaultmg party shall have the followmg
remedies and may enforce each remedy cumulatIvely'
a. In the case of a defaultlbreach by the F oundatlOn:
I. Ifpnor to the City's havmg contracted With a contractor to
perform the constructlOn of the Facility Improvements and pnor to the
City's expenditure of any funds m furtherance of the Facility
Improvements, the City may immediately cancel and termmate this
Agreement as of the mailing date of the notIce of default;
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ii. If on or after the City's execution of a contract wIth a contractor
to perform the construction ofthe Facility Improvements or on or after the
date of the City's first expenditure of any funds in furtherance of the
Facility Improvements, the City may unmediately cancel and termmate
this Agreement as of the mailing date ofthe notIce of default; and/or,
regardless of whether thIS Agreement IS termmated, the City may recover
from the Foundation any and all funds obligated to or claImed by its
contractor and/or expended in furtherance of the Facility Improvements,
and all other actual damages proXImately caused by the FoundatIOn's
defaultlbreach.
b. In the case of a defaultlbreach by the City:
I. The Foundation may immediately cancel and terminate this
Agreement as of the mailing date of the notice of default; and/or,
regardless of whether this Agreement is terminated, the FoundatIon may
recover all supplemental funds actually paid to the City and all other
actual damages proximately caused by the City's defaultlbreach.
5. Non-Assignment.
The FoundatIon shall not assign Its nghts and dutIes under this Agreement
WIthout the pnor consent of the City.
6. Applicable Law: Compliance With All Laws: Venue
a. ThIS Agreement shall be deemed to be a Virgmla contract and shall be
governed as to all matters whether of validity, mterpretatIOns, obligatIons, performance or
otherwIse exclUSively by the laws of the Commonwealth ofVirgmla, and all questIons
arismg with respect thereto shall be determmed in accordance WIth such laws.
b. The FoundatIOn shall comply WIth all federal, state and local statutes,
ordinances and regulatIOns now in effect or thereafter adopted, m the performance of the
work aSSOCiated WIth the ProJect.
c. Any and all SUItS for any claIms or for any and every breach or dispute
ansmg out of thIS Agreement shall be mamtained m the appropnate court of competent
JunsdictIOn m the City ofVirgmIa Beach.
7. No Modification.
There may be no modificatIOn of thIS Agreement, except in wntmg, executed by
the authonzed representatives of the City and the Foundation.
5
As eVidence of theIr agreement to the terms and conditions set forth herem, the
parties affix their authonzed signatures hereto:
CITY OF VIRGINIA BEACH
By: Jfq~
City anager/ Authonz eSlgllee
ATTEST:
~~/H1#d
ity Clerk
VIRGINA AQUARIUM & MARINE
SCIENCE CENTER FOUNDATION,
INC. ~
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By: ~~~ - I"
Title: 9~~
APPROVED AS TO CONTENTS:
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APPROVED AS TO RISK MANAGEMENT:
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APPROVED AS TO
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funds and Establish an Animal Care Shelter
Manager Position In the Police Department
MEETING DATE: October 28, 2008
. Background: The creation of an Animal Care Shelter Manager position was
recommended by the City Manager In the June 2008 Policy Report titled "Findings and
Recommendations for Transformmg the Virgmla Beach Ammal Control Facility into an
Adoption-Fnendly Ammal Care and Control Facility" The Animal Care Shelter Manager
would assume management and oversight of the current Animal Control facility to
continue the progress toward an adoption-fnendly facility ThiS would allow the current
sworn Commanding Officer of the Animal Control Bureau to concentrate efforts on the
code enforcement aspects of the organization. Hinng the position In FY 2008-09 would
also allow the manager to become Involved In the early stages of deSigning, planning,
organizing, and staffing the new Animal Control facility ThiS IS conSidered essential as
City staff continues the process of Identifying property for the new facility, holding a
public heanng, and planning the deSign/build phase of the facility
. Considerations: It IS antiCipated that the Shelter Manager would be hired
approximately mid-way through the current FY 2008-09 fiscal year Total cost for
salanes, benefits, equipment, and supplies will not exceed $69,869 for the remainder of
the FY 2008-09 fiscal year The position IS being funded through a transfer from the
General Fund Regular Reserve for ContingenCies. The balance In the Reserve, pnor to
approval of thiS item, IS $634,859
. Public Information: Public Information will be handled through the normal
Council agenda process.
. Alternatives: If thiS new position IS not funded, the duties and responsibilities
. associated with thiS position will continue to be performed by the Commanding Officer
of the Animal Control Bureau.
. Recommendations: It IS recommended' that $69,869 be transferred from the
General Fund Regular Reserve for ContingenCies to the Police Department's FY 2008-
09 Operating Budget to fund the Animal Control Caretaker Manager position and
associated expenses for the remainder of the FY 2008-09 fiscal year
. Attachments: Ordinance
Recommended Action: (1,.. j IttnfolLl-
Submitting Department/Agency: ~ '->II---<r
City Manager: 1(. c;. ~
1
2
3
AN ORDINANCE TO TRANSFER FUNDS AND ESTABLISH
AN ANIMAL CARE SHELTER MANAGER POSITION IN THE
POLICE DEPARTMENT
4
5
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA.
6
7
8
9
10
11
12
13
14
15
16
17
1 That $69,869 IS hereby transferred from the General Fund Regular Reserve
for Contingencl1es to the Police Department's FY 2008-09 Operating Budget to fund the
Animal Care Shelter Manager position and associated operating expenses and equipment.
2. That a full-time Animal Care Shelter Manager position, with City employee
benefits, IS established In the Police Department's FY 2008-09 Operating Budget to
manage the An.lmal Control facility
Adopted by the Council of the City of Virginia Beach, Virginia on the
2008
day
of
ReqUires an affirmative vote by a majority of all the members of City Council.
Approved as to Content:
Approved as to Legal SuffiCiency'
B~Q.~
Management Slervlces
City at l!!- -----~
CA 10892
R-2
October 15, 2008
Polic~ort
Animal Care Shelter Manager
BACKGROUND
One of the next key steps necessary to continue our progress in achieving the City Council's direction to
create an adoption-friendly environment and program for animal care is to establish an "Animal Care
Shelter Manager" position.
The creation of an "Animal Care Shelter Manager" position was recommended by the City Manager in the
June 2008 Policy Report "Findings and Recommendations for Transforming the Virginia Beach Animal
Control Facility znto an Adoption-Friendly Animal Care and Control Facility. "
CONSIDERATIONS
The Animal Care Shelter Manager would also assume management and oversight of the current Animal
Control facility to continue the progress toward an adoption-friendly facility. lIDs would allow the current
Commanding Officer of the Animal Control Bureau to concentrate efforts on the code enforcement aspects
of the organization.
The Animal Care Shelter Manager would be involved in the early stages of planning, designing,
organizing, and staffing the new Animal Care Shelter. lIDs is considered essential as city staff continues
forward in identifying property for the new facility, holding a public forum and planning the design/build
phase of the facility.
The position is classified in the Administrative Pay Plan, Range 15, with a salary range of $58,558 -
$87,837. Projections are that the Shelter Manager would be hired approximately mid-way through the
current 2008/09 budget; therefore the below funding projections are for six months:
Total cost for six months should not exceed $69,869 which includes six months of salary and fringe
benefits ($45,946); vehicle, computer equipment, office equipment. supplies, and internal service charges
($23,923).
Funding for this new position was not anticipated in the FY 2008/09 Animal Control Bureau operating
budget and can not be absorbed without severely impacting current Animal Control operations.
Appropriate budget amendment requests will be submitted to continue funding the position into the FY
2009/1 0 budget year and beyond.
Management Services will prepare a budget amendment ordinance for Council's consideration and
adoption should Council desire to move forward now as opposed to waiting for the FY 2010 budget
process. The creation of this new position would require the transfer of$69,869 from contingencies to the
Police Department Animal Control Bureau operating budget.
1
Public Informatic!!!:
Public Input has blgen solicited regarding "best practices" for continuing the transformation of the
Animal Control Bureau Into an adoption-friendly facility dunng a public forum held in April 2008.
Comments from the SPCA and the Friends of Animal Control were solicited dunng the drafting
of the job descnption for the position.
Alternative Counie of Action:
If this new position is not funded, the duties and responsibilities associated with this position will
continue to be pert'ormed by the Commanding Officer of the Animal Control Bureau.
Review and Appr,oval:
Prepared by'
de~~~,Zicea;a~ ~ J ~
Approved:
L~
K. S re, City Manager
Class Number: 2769
Revised: sa: October 2008
ANIMAL CARE SHELTER MANAGER
Summary Position Description
Creates and maintainS an adoptlon-fnendly Ammal Care and Control shelter by planning, orgamzmg, directIng
and supervISing a staff composed of both cIty employees and volunteers who are customer-service onented and
committed to ammal welfare by provIding a humane and safe envIronment for all anImals; commUnicates WIth a
vanety of audiences wlthm the City, volunteers, and other national ex.perts m the field of ammal care; promotes
ammal care and adoption; and pertorms related work as reqUired. Applicant must be commItted to an adoptlon-
fnendly philosophy In whIch only those ammals that are detemuned to be too ill or too aggressive are
euthanIzed.
Critical Elements of Performance
Ensures the humane treatment for all ammals that come under the auspIces of the shelter; Implements short and
long term strategies which responsibly reduce anImal mtakes, Increase animal adoptIOns, Improve ammal care,
provIde ammal behaVior and medical rehabilitation, encourage spayJng and neutenng, and develop protocols
that encourage animals remam WIth their responsible caretakers; plan, orgamze, coordinate, reView, evaluate
and direct the Implementation of programs providing animal care servIces to the general public and other animal
welfare agencIes; direct the administratton of programs lDcluding adopttons, fundralsmg, vetennary servIces,
and ammal welfare educatIon; assure that the shelter has a long-range strategy to maintam ItS mISSIOn of savlDg
adoptable anImals; develops goals and objectives and work m cooperation WIth representatives of other ammal
welfare organIzatIOns, volunteers, non-profit orgamzatlOns, bus10esses and community groups to develop and
Implement collaborative programs and services, and to nuse alternative sources of funding to aid 10 overall
shelter goals; prOVIde assIstance to the conunuDlty and volunteer groups, animal welfare organIzatIons, and the
general public; oversee marketmg and publicIty for shelter activitIes, programs and goals; be responsible tor
overseemg the recnutment, employment, direction, management and discharge of all personnel; mamtam
OtliClal records and documents, prepare finanCIal reports and budgets; understand and Implement programs m
compliance WIth current federal, state and local laws. ReViews and develops laws and legislatIOn at the local
and state levels whIch wil1lmprove conditIons for ammals and their caretakers.
Performance Standards
Ensures compliance With all appropnate City, state and federal laws and regulatIons; develops and coordinates
creatIve and engagmg educauonal programmmg and volunteer actiVIties to encourage public partICipation m
responsible pet ownershIp; promotes collaboratIve relatIOnshIps WIth commuDlty groups and others; effectively
supervises subordinates and commUDlcates changes 10 law and/or procedure; demonstrates quality customer
service m all responses to inqUIres from the public or other agencies In a tImely manner; etfectlvely Implements
programs that encourage pet adoption.
Knowlede:e-Skills-Abilities Required to Perform Satisfactorilv
A. Knowledge
Knowledge of cIty ordinances and federal and state laws pertammg to the care, control and
handling of a vanety of ammals.
') Knowledge of basIc ammal husbandry and behavIOr pnnclples.
3. KnowIedge of herd health management, vetennary care and protocols.
. 4. Knowledge of cIty and departmental core values, mISSIon and operatmg policIes and procedures.
5. Knowledge of budget adminIstratIon and asset allocatIOn, mcluding organIzational poliCies and
procedlLlres.
6. KnowJ4,dge of human resources management poliCIes and practices.
7 Knowl€:dge ofmotJVational techmques, leadership practIces and the pnnciples of human
behavlC>r.
8. Knowledge of medical conditIOns and behaVIOral charactenstJcs to detemune If euthanasIa IS
necessalry.
9. Knowledge of protocols established by the Humane Society of the United States, VirglOla state
codes aI1ld VirgIrna Department of Agnculture and Consumer ServIces admmistrative
regulatwns.
10. Knowledge of media relations practices.
II. Knowledge of animal disaster plaruung to Include malntamlng a disaster plan for the shelter and
a community disaster preparedness plan to prepare the commumty for natural disasters.
B. Skills
Skill 10 planmng, orgamz1Og, directmg and momtonng baSIC and complex shelter operations.
2. Skill m revlewmg and mterpret10g finanCial records and prepanng finanCial reports.
3 Skillm effective commumcatlon both orally and In wntmg.
4. Skill m analyzmg statIstical data to Identify operatIOnal needs.
5 Skill m rcsolvmg contlict and building consensus among group members m appropnate
circumstances.
2
C Abilittes
Ability to deal effectively wIth people 10 a wIde vancty of sltuatlOns and cIrcumstances.
2, Ability to develop and admInister creative and engaging programming to promote adoption and
responsible pet ownershIp.
3, Ability to plan, Implement and evaluate effectIveness of programs and projects.
4. Ability to prepare reports and other admmlstratlve functlOns.
5. Ability to tram and supervIse the work of staff.
6. Ability to foster team effectiveness and accomplishment of shared goals to establish and
mamtam volunteer and staff morale.
7 Ability to oversee and manage a large volunteer contmgent mcluding recruitment, traimng,
scheduling, rewards, etc.
8. Ability to cultIVate relationships WIth area animal advocacy groups such as SPCA, PET A,
AmmaI Welfare Coalition of Hampton roads, vetennary climes and ammal rescue groups to
learn and share best practIces.
9 Ability work collaboratively WIth local vetennanans to ensure the proper care of ammals and
ensure that vetennary orders are carried out to mclude admmlstenng medicatIon and
transportation when requIred.
10. Ability to make recommendatIons for change and reVISion to processes that affect shelter
operatIons.
) I. Ability to utilize computer software to access and mterpret data, prepare documents, develop
proposals and to antICIpate and prepare for change IOsplred by technological advancements.
12. Ability to malntam an accurate ammal regIstratIon and Inventory system.
13. Ability to use the Internet to advocate and advertIse sheller actiVIties.
14. Ability to communicate effectively usmg verbal commUnicatIon In varymg SItuations, mcluding
general directIons, instructions and informatIOn to the public.
is. Ability to commumcate effectIvely usmg wnlten communications, mduding memos,
correspondence, reports and forms.
16. Ability to establish posItIve worklOg relatIOnshIps WIth local media outlets.
17 Ability to mterpret and apply cIty and Police Department poliCIes.
3
~inimum Oualificaltions
ReqUIres a Bachelors degree from an accredited college or university and SIX years of progressive professIOnal
expenence In a related tield such as Busmess, Public RelatIOns, CommUniCatIOns, Public Admmlstratlon, Public
Health. Vetennary or Ammal SCIences. Law or a related field whIch prOVIdes the knowledge, skills and abilitIes
listed above. Must possess a valid VirgInia or North Carolina dnver's license.
4
K. PLANNING
1. ApplicatIOns for the expanSIOn of Nonconformin1! Uses: (DISTRICT 5 - L YNNHA VEN)
a. DR. ALAN W. and ELIZABETH MAHANES re alterations and additIOns to a cottage and
garage apartment at 108 A and B 55th Street
RECOMMENDATION:
APPROV AL
b. MARTIN SCHARA re additIOn of a second story to the front dwelling and construction of a
new two-story cottage m the rear of211 70th Street
RECOMMENDATION:
APPROV AL
2. ApplicatIOn of GEORGE POWELL for a ConditIOnal Use Permlf re bulk storage and a
building contractor's yard at 5512 Southern Boulevard (DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
APPROVAL
3 ApplicatIOns of the CITY OF VIRGINIA BEACH to AMEND the City Zonmg Ordinance
(CZO) and the City Code re Workforce Housing:
a. ~2102 re definitions of "Affordable", "Area Median Income", "Workforce Housmg",
"Workforce Housing Unit"; deletmg "Qualified Buyer", "Qualified Renter" and ADDING
"Eligible Buyer" and "Eligible Renter"
b. Chapter 16, ArtIcle VIII, re definitions and program procedures
c. ESTABLISH a Revolving Special Revenue fund
d. CONSIDER program documents and provIde for execution of legal instruments
RECOMMENDATION:
APPROVAL
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet In the Chamber at City Hall, MUnicipal Center. 240:1
Courthouse Drive, Tuesday, October 28, 2008, at 6:00 p.m. The
following applications will be heard:
DISTRICT 5. LYNNHAVEN
DR. ALAN W. & MRS. ELIZABETH MAHANES Application: Expansion of Q
Nonconformme: Use at 108 A & B 55th Street (GPIN 2419804296).
E. MARTIN SCHARA Application: Expansion of a Nonconformlne: Use at 211 70th
Street (GPIN 2419654382).
CITY OF VIRGINIA BEACH
Ordinance to Amend Section 2102 of the City Zonmg Ordinance, revIsing the
definitions of "Affordable," "Area Median Income," "Workforce Housing" and
"Workforce Housmg Unit" and deleting definitions of "Qualified Buyer" and "Qualified
Renter," and adding definitions of "Eligible Buyer" and "Eligible Renter n
DISTRICT 2 . KEMPSVILLE
GEORGE POWELL Application: Conditional Use Permit (bulk storage and building
contractor's yard) at 5512 Southern Boulevard (GPI~ 1467248190). AICUZ IS Les~,
than 65. .
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
I:)e examined m the Department of Plannmg or online at
ihttD:/ /www.vblfoy.com/DC For mformation call 385-4621.
'If you are phYSically disabled or visually Impaired and need assistance at tillS
meeting, please call the CITY CLERK'S OFFICE at 385-4303.
Beacon Oct. 12 & 19, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Authorizing the Enlargement of a Nonconforming Use
Located at 108-A and 108-B 55th Street, L YNNHAVEN DISTRICT
MEETING DATE: October 28,2008
. Background:
The applicant requests approval to make alterations and additions to an eXisting
single-family dwelling and a garage apartment. The buildings were constructed In
1945 and are tYPical of the "Beach Cottage" style that was popular at that time.
Garage apartments were allowed by-nght In this area until August 1985, when
the use was removed from the Comprehensive ZOning Ordinance. The site IS
nonconforming because garage apartments are no longer allowed as a permitted
or conditional use In the City
. Considerations:
The City ZOning Ordinance defines 'garage apartment' as "a structure above a
pnvate garage In which provIsion IS made for one (1) dwelling unit, reqUlnng an
Intenor stairway to the second floor, provided that the liVing area does not exceed .
eight hundred (800) square feet of floor area and the height does not exceed
twenty-eight (28) feet." The eXisting structure meets the definition. The applicant,
however, IS proposing a third floor addition to the two-story garage apartment.
With thiS third floor addition, it will no longer be considered a garage apartment
and will Instead be considered a second single-family dwelling on the site. A
garage, however, will remain on the first level of the structure. The applicant
Intends to use thiS second dwelling as a guest house. For the one-story dwelling
at the front of the lot, the applicant IS proposing a second floor addition over the
one-story portion. The proposed alterations and additions to both structures are
reminiscent of old beach cottage deSigns. The applicant IS uSing gables and
shed-style dormers, porches and decks to provide visual Interest to both homes.
. Recommendations:
Pursuant to Section 105(e) of the City ZOning Ordinance, a nonconforming use
may be modified only if the City Council finds that the proposed use, as modified,
will be "equally appropnate or more appropnate to the distnct than IS the eXisting
nonconformity" In thiS case, Staff concludes that the proposed alterations and
additions are reasonable, will have a minimal Impact, and should be as
appropnate to the distnct as the eXisting non-conformity
While two single-family dwellings are not permitted on one lot In thiS area, In thiS
case the density IS not increasing, as two dwellings (the main house and the
garage apartment) currently eXist on site and the applicant IS requesting
Alan and Elizabeth Mahanes
Page 2 of 2
permiSSion to make additions and alterations to the eXisting buildings. The
request liS also In keeping with one of the goals of the North Virginia Beach CivIc
League which IS to encourage beach-style cottages versus large boxy duplexes.
This situation IS similar to that found In the Old Beach neighborhood, south of
31st StrE~et, where an overlay district has already been adopted to allow this type
of development on a site proVided certain design criteria are met.
Staff finds thiS request to be acceptable and In keeping with surrounding
propertie!s, and therefore recommends approval subject to the conditions listed
below
The following conditions are recommended:
1 The additions to the Single-family dwelling and garage apartment shall
substantially adhere to the submitted site plan entitled "Proposed
Modifications to the ALAN AND ELIZABETH MAHANES RESIDENCE
Virginia Beach, Virginia", dated December 3,2007, and prepared by Lyall
D1aslgn Architects. Said plan has been exhibited to the City of Virginia
Bl~ach City Council and IS on file In the Planning Department.
2. The additions to the Single-family dwelling and garage apartment shall
substantially adhere to the submitted elevation plans (main house and
guest house) entitled "Proposed Modifications to the ALAN AND
ELIZABETH MAHANES RESIDENCE Virginia Beach, Virginia", dated
Dl~cember 3,2007, and prepared by Lyall Design Architects. Said plan
has been exhibited to the City of Virginia Beach City Council and IS on file
In the Planning Department.
3. The applicant shall prOVide to the Planning Department / Current Planning
a Ilist of proposed building materials and colors before any building permits
ar,e Issued for the additions and alterations. Suggested materials Include
architectural grade roofing materials, hard i-plank siding, Vinyl wrapped
Windows, trim, and deck railings. Proposed colors should be In keeping
with surrounding structures.
. Attachments:
Staff Review
Disclosure Statement
Location Map
Resolution
Recommended Action: Approval.
Submitting De~rtment1AgenCY: PISn~'ng oepsrtment'-
City Manager: ,2.~. U\.-
1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
2 A NONCONFORMING USE ON PROPERTY LOCATED AT
3 108-AAND 108-B 56TH STREET, LYNNHAVEN DISTRICT
4 WHEREAS, Alan Wand Elizabeth Mahanes (hereinafter the "Applicants"), have
5 made application to the City Council for authonzation to enlarge a nonconforming use
6 with additions and alterations to the single-family dwelling and garage apartment on a
7 certain lot or parcel of land having the address of 108-A and 108-B 56th Street, In the R-
8 5R ZOning Distnct;
9
10 WHEREAS, the said use IS nonconforming, as the parcel contains a garage
11 apartment, which IS not presently allowed In the R-5R ZOning Distnct but was
12 constructed when such use was allowed; 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 authonzlng such action upon a finding that the proposed use, as enlarged,
17 will be equally appropnate or more appropnate to the zOning distnct 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 appropnate to the distnct 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 single-family dwelling and garage apartment, by
30 additions and alterations IS hereby authonzed, upon the following conditions:
31
32 1 The additions to the single-family dwelling and garage apartment shall
33 substantially adhere to the submitted site plan entitled "Proposed
34 Modifications to the ALAN AND ELIZABETH MAHANES RESIDENCE
35 Virginia Beach, Virginia", dated December 3, 2007, and prepared by Lyall
36 Design Architects. Said plan has been exhibited to the City of Virginia Beach
37 City Council and IS on file In the Planning Department.
38
39 2. The additions to the Single-family dwelling and garage apartment shall
40 substantially adhere to the submitted elevation plans (main house and guest
41 house) entitled "Proposed Modifications to the ALAN AND ELIZABETH
42 MAHANES RESIDENCE Virginia Beach, Virginia", dated December 3,2007,
43 and prepared by Lyall Design Architects. Said plan has been exhibited to the
44 City of Virginia Beach City Council and IS on file In the Planning Department.
45
46 3. The applicant shall provide to the Planning Department I Current Planning a
47 list of proposed building matenals and colors before any building permits are
48
49
50
51
52
53
54
Issued for the additions and alterations. Suggested matenals Include
architectural grade roofing matenals, hardi-plank siding, vinyl wrapped
windows, tnm, and deck railings. Proposed colors should be In keeping with
surrounding structures.
Adoptedl by the Council of the City of Virginia Beach, Virginia, on the
October, 2008.
day of
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
~(~
City Attorney's Office
CA10896/R-1/0ctober 15,2008
DR. ALAN W. AND
MRS. ELIZABETH
MAHANES
October 28, 2008 City Council Meeting
Staff Planner Faith Christie
REQUEST:
Enlaraement of a Nonconformlna use:
Alterations and additions to eXisting single-family
dwelling and a garage apartment.
ADDRESS I DESCRIPTION: 108 A & B 55th Street
GPIN:
24198042960000
COUNCIL ELECTION DISTRICT:
L YNNHAVEN
SITE SIZE:
6,625 square feet
SUMMARY OF REQUEST
The applicant requests approval to make alterations and
additions to an eXisting Single-family dwelling and a garage
apartment. The buildings were constructed In 1945 and are tYPical of the "Beach Cottage" style that was
popular at that time. Garage apartments were allowed by right In thiS area until August 1985, when the
use was removed from the Comprehensive Zoning Ordinance, The site IS nonconforming because garage
apartments are no longer allowed as a permitted or conditional use In the City
As the structures were constructed In 1945, they do not conform to the R-5R Residential Resort District
regulations currently In effect. The structures exceed the permitted lot coverage by 289 square feet and
the permitted ImperviOUS coverage by 68 square feet. The Single-family dwelling encroaches Into the
eastern Side setback, and the garage apartment encroaches mto the western Side setback and the rear
setback, Currently no on-site parking eXists.
The applicant proposes second floor additions over the areas of the Single-family dwelling that are
currently one-story A third floor addition IS proposed for the eXisting two-story garage apartment. The
footprints of the structures will not Increase. The applicant proposes the addition of four parking spaces
paved with pervious concrete. Two spaces will be located In the front for the Single-family dwelling and
two spaces will be located on the western Side of the site for the garage apartment. Additionally, the
garage under the garage apartment will remain as a garage.
DR. ALAN W AND MRS. ELIZABETH MAHANES
October 28, 2008 City Council Meeting
Page 1
The proposed alterations and additions to the structures are reminiscent of old beach cottage designs.
The applicant IS uSing gables and shed-style dormers, porches and decks to provide visual mterest to
both homes,
The applicant submitted 21 letters of support from surrounding properties, and the North Virginia Beach
CivIc League takes no exception to the request, finding it reasonable and In keeping with surrounding
properties. Caples of the letters of support are on file m the City of Virginia Beach Planning Department.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family dwelling and garage apartment currently eXist on the site. The
structures were constructed In 1945,
SURROUNDING LAND
USE AND ZONING:
North:
. 55th Street; Across 55th Street are single-family, duplex, and
garage apartment dwellings I R-5R ReSidential Resort
. An Alley; Across the Alley are smgle-family, duplex, and garage
apartment dwellings I R-5R ReSidential Resort
. Single-family dwellings I R-5R ReSidential Resort
. Single-family and garage apartment dwellings I R-5R
ReSidential Resort
South:
East:
West:
NATURAL RE.SOURCE AND
CULTURAL FEATURES:
The site IS developed with a single-family dwelling, a garage apartment,
and landscaping. The dwelling and garage apartment were built In 1945,
and are tYPical of the "Beach Cottage" style popular at that time. Garage
apartments were allowed by right In thiS area until August 1985, when
the use was removed from the ComprehenSive ZOning Ordinance. There
are no natural resources or cultural features associated with the site.
AICUZ:
The site IS In an AICUZ of 65-70 dB Ldn Sub-Area 1 surrounding NAS
Oceana, There IS no Increase In density associated with the request.
The provISions of the City Zoning Ordinance, Article 18 SpeCial
Regulations In Air Installations Compatible Use Zones (AICUZ), Section
1804 (d) shall not apply to discretionary development applications for the
redevelopment of property where the proposed dwelling unit density IS
the same as or lower than the actual dwelling unit density eXisting at the
time the application IS submitted,
IMPACT ON CITY SERVICES
There IS no Impact to City Services,
DR. ALAN W AND MRS. ELIZABETH MAHANES
October 28, 2008 City Council Meeting
Page 2
EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request. Section 1 05( d) of the City Zoning Ordinance states that no nonconforming use or structure shall
be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the
proposed use will be "equally appropnate or more appropnate to the distnct than IS the eXisting
nonconformity" The proposed enlargements are reasonable, will have a minimal Impact, and should be
as appropnate to the distnct as the eXisting non-conforming use,
The City Zoning Ordinance defines 'garage apartment' as "a structure above a pnvate garage In which
provIsion IS made for one (1) dwelling unit, reqUlnng an Intenor stairway to the second floor, provided that
the living area does not exceed eight hundred (800) square feet of floor area and the height does not
exceed twenty-elght (28) feet." The eXisting structure meets the definition, and IS nonconforming because
garage apartments are no longer allowed In the city With the third floor addition to the garage apartment,
it will no longer be considered a garage apartment and will be considered a second dwelling on the site,
While two single-family dwellings are not permitted on one lot In thiS area, In thiS case the density IS not
increasing, as two dwellings (the main house and the garage apartment) currently eXist on site and the
applicant IS requesting permission to make additions and alterations to the eXisting buildings, The request
IS also In keeping with the goals of the North Virginia Beach CiVIC League which IS to encourage beach-
style cottages versus large boxy duplexes. In the Old Beach neighborhood, south of 31st Street, an
overlay distnct has already been adopted to allow thiS type of use on a site provided certain design
critena IS met.
Staff finds thiS request to be acceptable and In keeping with surrounding properties, and therefore
recommends approval subject to the conditions listed below.
CONDITIONS
1 The additions to the single-family dwelling and garage apartment shall substantially adhere to the
submitted site plan entitled "Proposed Modifications to the ALAN AND ELIZABETH MAHANES
RESIDENCE Virginia Beach, Virginia", dated December 3, 2007, and prepared by Lyall Design
Architects, Said plan has been exhibited to the City of Virginia Beach City Council and IS on file In the
Planning Department.
2. The additions to the single-family dwelling and garage apartment shall substantially adhere to the
submitted elevation plans (main house and guest house) entitled "Proposed Modifications to the ALAN
AND ELIZABETH MAHANES RESIDENCE Virginia Beach, Virginia", dated December 3,2007, and
prepared by Lyall Design Architects. Said plan has been exhibited to the City of Virginia Beach City
Council and IS on file In the Planning Department.
3. The applicant shall provide to the Planning Department / Current Planning a list of proposed building
matenals and colors before any building permits are Issued for the additions and alterations.
Suggested matenals Include architectural grade roofing matenals, hard i-plank siding, vinyl wrapped
windows, tnm, and deck railings, Proposed colors should be In keeping with surrounding structures.
DR. ALAN W AND MRS. ELIZABETH MAHANES
October 28, 2008 City Council Meeting
Page 3
NOTE: Furthl9r 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.
-
DR. ALAN W AND MRS. ELIZABETH MAHANES
October 28, 2008 City Council Meeting
Page 4
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October 28, 2008 City Council Meeting
Page 6
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October 28, 2008 City Council Meeting
Page 7
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October 28, 2008 City Council Meeting
Page 8
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October 28, 2008 City Council Meeting
Page 9
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EXISTING FRONT AND REAR UNITS
DR. ALAN W. AND MRS, ELIZABETH MAHANES
October 28, 2008 City Council Meeting
Page 10
M"Ml!ftoLs;!]e Dr. Alan W. & Mrs. Elizabeth Mahanes
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Non-Conforming Use
1
2.
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4
5.
6.
7/18/08
2/12/02
8/14/01
4/23/02
8/12/08
10/11/05
8/14/01
Street Closure
Alterations to a Nonconformln Use
Alterations to a Nonconformln Use
Alterations to a Nonconformln Use
Alterations to a Nonconformln Use
Alterations to a Nonconforming Use
Alterations to a Nonconformln Use
A roved
A proved
A roved
A roved
A roved
Approved
A roved
The site was zoned R-D 2 Residence Duplex District from 1954 to 1973, From 1973 to 1988, the site was
zoned R~8 Residential DistriCt. The site has been zoned R5-R Resort Residential since 1988.
ZONING HISTORY
DR. ALAN W AND MRS. ELIZABETH MAHANES
October 28, 2008 City Council Meeting
Page 11
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DISCLOSURE STATEMENT 1\
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,
))artners, etc. below: (Attach list if necessary)
/~r ,A,lan W & Mrs. Elizabeth Mahanes
2. l.ISt all bUSinesses that have a parent-subsldiary1 or affiliated business entity2
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~subsldiary1 or affiliated business entitl
n~lationshlp with the applicant: (Attach list if necessary)
o Check here if the property owner IS NOT a corporation, partnership, firm, business,
or other unincorporated organization.
? See next page for footnotes
Non-Conforming Use Application
Page 8 of 9
Revised 9/1/2004
DR. ALAN W AND MRS. ELIZABETH MAHANES
October 28, 2008 City Council Meeting
Page 12
~ DISCLOSURE STATEMENT
II
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,
Lyall Design Architects
1 "Parent-subsidiary relationship" means "a relationship that eXists when one
corporation directly or mdirectly 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 othelWlse 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
SChedu~for PUbli.C heanng, I am responsible for obtaining and posting the required
sign on SUbJect~operty at least 30 days prior to the scheduled public heanng
accordi ~ '0 the In,: cti~ns In thiS package,
II ), !
X l../) U~" Alan W. Mahanes
ApplicanUProperty Owner Signature Print Name
C':~ \/' .~
W' ' ~. (\ Elizabeth Mahanes
Applic Print Name
Non-Conforming Use Application
Page 9 of 9
Revised 9/112004
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October 28, 2008 City Council Meeting
Page 13
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Authorizing the Enlargement of a Nonconforming Use
Located at 211 70th Street, Lynnhaven District.
MEETING DATE: October 28, 2008
. Background:
There are two single-family dwellings currently located on the site. The structures
were constructed In 1936 when there was no zOning In the city, or as the area
was known at that time, Pnncess Anne County Both dwellings are one-story In
height. The applicant desires to make additions and alterations to the eXisting
single-family dwelling on the front of lot and to remove and replace the eXisting
single-family dwelling on the rear of the lot. The applicant Intends to convey each
unit as a condominium. The proposed alterations are considered changes to
eXisting nonconforming uses because there are currently two separate slngle-
family dwellings on the parcel and the City Zoning Ordinance does not permit two
single-family dwellings on one lot In R-5R Resort Residential Distnct.
. Considerations:
The applicant IS proposing a second floor addition, which will meet current
setbacks, to the front dwelling. A new gabled roof will add architectural Interest to
the front dwelling. The rear dwelling will be demolished and replaced with a two-
story cottage-style dwelling. Additionally, four (4) parking spaces will be added to
the site. The proposed alterations, additions, and reconstruction of the structures
are reminiscent of old beach cottage deSigns. The applicant has taken care to
deSign the additions and reconstruction so as not to Interrupt the eXisting open
space between the dwellings and to protect the eXisting mature vegetation.
. Recommendations:
Pursuant to Section 1 05( e) of the City ZOning Ordinance, a nonconforming use
may be modified only if the City Council finds that the proposed use, as modified,
will be "equally appropnate or more appropnate to the distnct than IS the eXisting
nonconformity "
In this case, the proposed alterations and additions to the front structure and the
proposed replacement of the rear structure are reasonable, will have a minimal
Impact, and should be as appropnate to the distnct as the eXisting non-
conformity
While two single-family dwellings are not permitted on one lot, In this case the
density IS not increasing, as two beach cottages currently eXist on site. The
request IS also In keeping with the goals of the North Virginia Beach CivIc League
E. Martin Schara
Page 2 of 2
which IS to encourage beach-style cottages versus large boxy duplexes. This
situation IS similar to that found In the Old Beach neighborhood, south of 31st
Street, where an overlay distnct has already been adopted to allow this type of
development on a site provided certain deSign critena are met.
The following conditions are recommended:
1 The additions and alterations to the front single-family dwelling and
n3construction of the rear single-family dwelling shall substantially adhere
to the submitted site plan entitled ""Site Plan Lot 12 Block 8 Section E
Cape Henry Syndicate", dated 18 August 2008, and prepared by Bonifant
Land Surveys. Said plan has been exhibited to the City of Virginia Beach
City Council and IS on file In the Planning Department.
2. The additions and alterations to the single-family dwelling and
rE~construction of the rear single-family dwelling shall substantially adhere
to the submitted elevations entitled "New Residence on 70th Street (Front
Unit) for Marty Schara and New Residence on 70th Street (Rear Unit) for
Nlarty Schara", dated 8/4/08, and prepared by D W Chase Architect. Said
pl.an has been exhibited to the City of Virginia Beach City Council and IS
on file In the Planning Department.
3. Tlhe applicant shall prOVide to the Planning Department / Current Planning
a list of proposed building matenals and colors before any building permits
are Issued for the additions and alterations. Suggested matenals Include
architectural grade roofing matenals, hardi-plank Siding, vinyl wrapped
wllndows, tnm, and deck railings. Proposed colors should be In keeping
wiith surrounding structures.
4 The applicant shall prOVide a tree protection plan for review and approval
by the Planning Department / Current Planning before any land
disturbance occurs on the site.
. Attachments:
Staff ReView
Disclosure Statement
Location Map
Resolution
Recommended J"ction: Approval.
Submitting Dep.iIrtmentJAgency: Plannrng Departmen
City Manager: ~~~. \l~
1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
2 A NONCONFORMING USE ON PROPERTY LOCATED AT
3 211 70TH STREET, L YNNHAVEN DISTRICT
4 WHEREAS, E. Martin Schara (hereinafter the "Applicant"), has made application
5 to the City Council for authonzation to enlarge a nonconforming use with additions and
6 renovations to one single-family dwelling and to demolish and replace with a larger
7 single-family dwelling the second single-family dwelling on a certain lot or parcel of land
8 haVing the address of 211 70th Street, In the R-5R ZOning Distnct;
9
10 WHEREAS, the said use IS nonconforming, as the parcel contains two slngle-
11 family dwelling units, which IS not presently allowed In the R-5R ZOning Distnct but were
12 constructed pnor to the adoption of the zOning ordinance; 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 authonzlng such action upon a finding that the proposed use, as enlarged,
17 will be equally appropnate or more appropnate to the zOning distnct 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 appropnate to the distnct 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 Single-family dwellings, one by additions and
30 renovations and the other by demolition and replacement with a larger dwelling IS
31 hereby authonzed, upon the follOWing conditions:
32
33 1 The additions and alterations to the front Single-family dwelling and
34 reconstruction of the rear Single-family dwelling shall substantially adhere to the
35 submitted site plan entitled ""Site Plan Lot 12 Block 8 Section E Cape Henry
36 Syndicate", dated 18 August 2008, and prepared by Bonifant Land Surveys. Said
37 plan has been exhibited to the City of Virginia Beach City Council and IS on file In
38 the Planning Department.
39
40 2. The additions and alterations to the Single-family dwelling and reconstruction of
41 the rear Single-family dwelling shall substantially adhere to the submitted
42 elevations entitled "New Residence on 70th Street (Front Unit) for Marty Schara
43 and New Residence on 70th Street (Rear Unit) for Marty Schara", dated 8/4/08,
44 and prepared by D W Chase Architect. Said plan has been exhibited to the City
45 of Virginia Beach City Council and IS on file In the Planning Department.
46
47
48
49
50
51
52
53
54
55
56
57
58
3. The applicant shall provide to the Planntng Department / Current Planntng a list
of proposed building matenals and colors before any building permits are Issued
for the cldditions and alterations. Suggested matenals Include architectural grade
roofing matenals, hardi-plank siding, Vinyl wrapped Windows, tnm, and deck
railings. Proposed colors should be In keeping with surrounding structures.
4 The applicant shall provide a tree protection plan for review and approval by the
Planntn~J Department / Current Planntng before any land disturbance occurs on
the site.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
October, 2008.
day of
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
-PAZ 01~
City Attorney's Office
CA 1 0894/R-2/0ctober 16, 2008
E. MARTIN SCHARA
October 28, 2008 City Council
Meeting
Staff Planner Faith Chnstie
REQUEST:
Enlaraement of a Nonconformlna Use-
Additions and alterations to a Single-family
dwelling and replacement of a nonconforming
use (a second single-family dwelling)
ADDRESS I DESCRIPTION: 211 70th Street
GPIN:
24196543820000
COUNCIL ELECTION DISTRICT:
6-LYNNHAVEN
SITE SIZE:
7,500 square feet
SUMMARY OF REQUEST
There are two single-family dwellings currently located on the site. The structures were constructed In
1936 when there was no zOning In the city, or as the area was known at that time, Pnncess Anne County.
Both dwellings are one-story In height. The applicant desires to make additions and alterations to the
eXisting Single-family dwelling on the front of lot and to remove and replace the eXisting Single-family
dwelling on the rear of the lot. The applicant Intends to convey each unit as a condominium. The
proposed alterations are conSidered changes to eXisting nonconforming uses because there are currently
two separate Single-family dwellings on the parcel and the City Zoning Ordinance does not permit two
Single-family dwellings on one lot In R-5R Resort ReSidential Distnct. The front dwelling, facing 70th
Street, IS 1,151 square feet with a 212 square foot ~orch, It IS situated 11 7-feet from the front property
line, 45.7 -feet from the edge of pavement along 70 h Street, 12.3-feet from the eastern property line, and
4.1-feet from the western property line. The rear dwelling IS 698 square feet with a 25 square foot porch.
It IS situated 7.6-feet from the rear property line, 7.9-feet from the eastern property line, and 8.3-feet from
the western property line, The two dwellings are separated by an area of yard that IS 45-feet by 50-feet. A
mature 12-lnch water oak tree graces the middle of the backyard area. Other mature trees and shrubs
prOVide shade and pnvacy for the site. A gravel dnveway eXists along the eastern Side of the property, but
there IS no dedicated parking for the occupants.
E. MARTIN SCHARA
October 28, 2008 City Council Meeting
Page 1
The applicant IS proposing a second floor addition, which will meet current setbacks, to the front dwelling,
A new gabled roof will add architectural Interest to the front dwelling. The rear dwelling will be demolished
and replaced with a two-story cottage-style dwelling. Additionally, four (4) parking spaces will be added to
the site. The proposed alterations, additions, and reconstruction of the structures are reminiscent of old
beach cottage, designs. The applicant has taken care to design the additions and reconstruction so as not
to Interrupt thE~ eXisting open space between the dwellings and to protect the eXisting mature vegetation.
The applicant submitted 21 letters of support from surrounding properties, and the North Virginia Beach
CivIc League takes no exception to the request, finding it reasonable and In keepmg with surrounding
properties. Copies of the letters of support are on file In the City of Virginia Beach Planning Department.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Two single-family dwellings eXist on the site, The buildings were built In 1936,
SURROUNDn~G LAND
USE AND ZONING:
North:
South:
. Single-family dwelling I R-5R Residential Resort
. 70th Street; Across 70th Street are single-family and duplex
dwellings I R-5R Residential Resort
. Single-family dwelling I R-5R Residential Resort
. Duplex dwelling I R-5R Residential Resort
East:
West:
NATURAL RESOURCE AND
CUL lURAL FlEA lURES:
The site IS developed with two single-family dwellings and landscaping.
The beach cottages were built In 1936, There are several mature trees
on the site and the applicant IS stnvlng to retam a 12-Inch water oak In
the middle of the back yard.
AICUZ:
The site IS m an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
There IS no Impact to City services,
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request. Section 1 05(d) of the City Zonmg Ordinance states that no
nonconformIng use or structure shall be enlarged, extended, reconstructed, or structurally altered unless
the City Council finds that the proposed use will be "equally appropnate or more appropnate to the distnct
E. MARTIN SCHARA
October 28,2008 City Council Meeting
Page 2
than IS the eXisting nonconformity" The proposed enlargements are reasonable, will have a minimal
Impact, and should be as appropriate to the district as the eXisting non-conforming use.
While two Single-family dwellings are not permitted on one lot, In this case the density IS not increasing,
as two beach cottages currently eXist on site. The request IS also In keeping with the goals of the North
Virginia Beach CivIc League which IS to encourage beach-style cottages versus large boxy duplexes, This
situation IS Similar to that found In the Old Beach neighborhood, south of 31st Street, where an overlay
district has already been adopted to allow this type of development on a site prOVided certain deSign
criteria are met.
Staff finds this request to be acceptable and In keeping with surrounding properties, and therefore
recommends approval subject to the conditions listed below.
CONDITIONS
1 The additions and alterations to the front Single-family dwelling and reconstruction of the rear slngle-
family dwelling shall substantially adhere to the submitted site plan entitled ....Site Plan Lot 12 Block 8
Section E Cape Henry Syndicate", dated 18 August 2008, and prepared by Bonifant Land Surveys.
Said plan has been exhibited to the City of Virginia Beach City Council and IS on file In the Planning
Department.
2, The additions and alterations to the Single-family dwelling and reconstruction of the rear Single-family
dwelling shall substantially adhere to the submitted elevations entitled "New ReSidence on 70th Street
(Front Unit) for Marty Schara and New ReSidence on 70th Street (Rear Unit) for Marty Schara", dated
8/4/08, and prepared by D. W. Chase Architect. Said plan has been exhibited to the City of Virginia
Beach City Council and IS on file In the Planning Department.
3. The applicant shall prOVide to the Planning Department / Current Planning a list of proposed building
materials and colors before any building permits are Issued for the additions and alterations.
Suggested matenals Include architectural grade roofing matenals, hardi-plank Siding, Vinyl wrapped
Windows, tnm, and deck railings. Proposed colors should be In keeping with surrounding structures.
4 The applicant shall prOVide a tree protection plan for review and approval by the Planning Department
/ Current Planning before any land disturbance occurs 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.
E. MARTIN SCHARA
October 28, 2008 City Council Meeting
Page 3
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october 28, 2008 City Counci\ Meeting
Page 4
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PROPOSED SITE PLAN & BUILDING ELEVATION
E. MARTIN SCHARA
October 28, 2008 City Council Meeting
Page 5
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october 28, 2008 C1t~ Council l>J\eetiOl
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october 28. 2008 Cit; Council Meeting
page ~ (
P-l
First Landing
State Park
P-l
Non-Conforming Use
[ 1
I 6/23/98
I SubdivIsion Vanance
I Approved
The site was zoned R-D 2 Residence Duplex District from 1954 to 1973. From 1973 to 1988, the site was
zoned R-8 Residential DistriCt. The site has been zoned R5-R Resort Residential since 1988.
ZONING HISTORY
E. MARTIN SCHARA
October 28, 2008 City Council Meeting
Page 11
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DISCLOSURE STATEMENT II
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)
~. Martin Schara
2. List all businesses that have a parent-subsidiary 1 or affiliated business entity2
relationshIp with the applicant: (Attach list if necessary)
X Check here if the applicant IS NOT a corporation, partnership, firm, business, or
other unincorporated organrzation
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
unrnl:;orporated 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)
Ellen L. Selover
2. L'st all businesses that have a parent-subsldiari or affiliated busmess entitl
relationship with the applicant: (Attach list if necessary)
X Check here if the property owner IS NOT a corporation, partnership, firm, busmess,
or other unmcorporated organization.
7 See next page for footnotes
Non-Conforming Use Application
Page 8 of 9
ReVised 911/2004
DISCLOSURE STATEMENT
E. MARTIN SCHARA
October 28, 2008 City Council Meeting
Page 12
lL!>ISCLOSURE 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, P.C~
D.W. Chase, ArchItect
Bonlfant Land Surveys
1 "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 heanng
according to ~,'1 InstructiOfS}n, thiS packa:,e. ,,-./ (_,
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Non-Conformlllg USP ApplIcation
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DISCLOSURE STATEMENT
E. MARTIN SCHARA
October 28,2008 City Council Meeting
Page 13
GEORGE POWELL
Geor e Powell
MI
1-]
Relevant Information:
· Kempsville District
· The applicant requests a Conditional Use Permit to allow
development of the site for a contractor's storage yard for
construction equipment.
· The site is currently vacant. It's most recent use was for a single-
family dwelling.
· The applicant considers the proposed storage yard to be a
temporary use until such time as the Newtown SGA begins to
redevelop.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (11-0).
· Consent Agenda.
· No opposition.
.'
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: GEORGE POWELL, Conditional Use Permit (bulk storage and building
contractor's yard), 5512 Southern Boulevard (GPIN 1467248190). AICUZ is Less
than 65. DISTRICT 2 - KEMPSVILLE
MEETING DATE: October 28,2008
. . Background:
The subject site IS 43,634 square feet In Size, IS zoned 1-1 Light Industnal, and
currently consists of cleared land and a structure formerly used as a single-family
dwelling. A Virginia Power substation IS located east of the site, an office building
and associated parking IS north and west of the site, and a former railroad nght-
of-way owned by Norfolk Southern IS located south of the site. The nght-of-way
for Southern Boulevard terminates at the southwest corner of the site; however,
the paved portion of Southern Boulevard ends approximately 240 feet to the west
of the site. The access for the single-family house was a dnveway that ran from
the southeast corner of the site and then across the Norfolk Southern nght-of-
way, ending at South Lowther Dnve, a residential roadway that connects to
Parliament Dnve.
The applicant IS requesting a Conditional Use Permit to allow development of the
site for a contractor's storage yard for construction equipment, Including a
backhoe, a forklift, several trucks and other construction vehicles In association
with the applicant's construction business. Storage of raw matenals such as
mulch or stone IS' not requested.
. Considerations:
The ComprehenSive Plan recognizes thiS site to be within the Strategic Growth
Area 3 (SGA) of the City of Virginia Beach. Strategic Growth Areas are
designated to absorb most of the City's future growth, and, as such, are planned
for more intensive uses than most other areas of the city As thiS site IS within the
SGA 3, Staff views the applicant's proposed use as one that will ultimately be
replaced when market conditions change and thiS site becomes npe for
redevelopment.
According to the narrative submitted with the application the "initial plan for the
property was to construct a by-nght building to use as office-warehouse;
however, it was obVIOUS that it would benefit us and the city In the long run to
hold off on constructing anything on the property until plans for the light rail and
GEORGE POWELL
Page 2 of 3
the (Newtown Strategic Growth Area] were completed." The applicant considers
the proposed storage yard to be a temporary use until such time as this SGA
begins to redevelop, particularly with the potential Introduction of light rail transit
through the area along the Norfolk Southern nght-of-way to the south of the
subject site. Staff concludes that five (5) years IS an appropriate 'temporary'
period, as work on developing a plan for this SGA, as well as the work required
for permitting and design of any transit line through the area IS likely to require
five (5) or more years to complete.
The property does not have legal use of the eXisting driveway described above,
which crosses the Norfolk Southern railroad property and property owned by
Dominion Virginia Power This eXisting access IS through a reSidential
neighborhood to the south via South Lowther Drive. The Width of pavement IS
approximately 27 feet within the 30 foot Wide right-of-way of South Lowther Drive.
No easements or agreements have been found or provided to support the legal
use over these properties. In addition, it IS Staffs opinion that the Industrial
zOntng of this property does not support access through a neighboring reSidential
area, as IS the current practice. Staff IS recommending a condition that all traffic
to and from thiS site use Southern Boulevard, which extends through other
industrially zoned properties In the area. Therefore, the subject property will be
reqUired to access the right-of-way via Southern Boulevard, which IS the current
address for the property
The Planntng CommiSSion placed thiS item on the consent agenda because the
proposal proVides a temporary use of thiS parcel pending the completion and
Implementation of the Newtown SGA plan, there was no opposition, and
conditions below ensure compatibility of the proposal with the surrounding area.
. Recommendations:
The Planning CommiSSion passed a motion by a recorded vote of 11-0 to
approve thiS request with the follOWing conditions:
1 Ingress/egress to the site shall be only via Southern Boulevard. Surface
treatment and deSign standards for the access shall be determined dUring
final Site Plan review through the Development Services Center The eXisting
driveway leading to South Lowther Drive shall be abandoned.
2. The naqUlred Category VI landscape buffer shall be Installed along the
westeirn, northern and southern property lines. The reqUired landscaping shall
be Installed where the Planning Department Staff determines that the eXisting
vegetation along the western and southern property lines IS not adequate to
accomplish the Intent of Category VI buffering. In order to determine thiS, a
landscape plan depicting the location, species and diameter (if applicable) of
eXisting vegetation shall be submitted dUring final site plan review for review
for Staffs conSideration.
GEORGE POWELL
Page 3 of 3
3. The eXisting residential structure shall be brought Into compliance with the
current edition of the Virginia Uniform Statewide Building Code for non-
residential buildings. A Certificate of Occupancy shall be obtained prior to use
of the structure.
4 In lieu of the required solid, SIX (6) foot high fence, a chain link fence may be
Installed along the eastern property line. All other property lines must follow
the reqUirements of the Category VI landscaping and buffering unless
specifically permitted as described above In condition #2.
5. ThiS Conditional Use Permit IS valid for a five (5) year period from the date of
approval by City Council. ThiS does not preclude the extension of thiS
Conditional Use Permit proVided such extension IS reviewed and approved by
the Planning Director
6. As thiS use IS Viewed as temporary In nature, the surface of the site may be
gravel In lieu of pavement only upon determination by the Planning Director
that such a waiver IS not detrimental to the surrounding properties; however,
any handicap spaces reqUired under the City ZOning Ordinance shall be
paved and property marked.
7 Prior to final site plan submiSSion, the applicant shall request a pre-submittal
meeting, to be facilitated by the Development Services Center (DSC), to
determine the specific requirements antiCipated as necessary for submiSSion.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department V
. City Manager:~.~. ~~ ~ I ftJ'..t
REQUEST:
GEOR~GE POWELL
Agenda Item 12
September 10, 2008 Public Hearing
Staff Planner" Carolyn A.K. Smith
Conditional Use Permit for contractor's storage yard
ADDRESS 1 [)IESCRIPTION: Property located at 5512 Southern Boulevard
GPIN:
14672481900000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
43,634 square feet
The applicant requests a Conditional Use Permit to allow
development of the site for a contractor's storage yard for
construction equipment, Including a backhoe, a forklift, several trucks and other construction vehicles In
association willh the applicant's construction bUSiness, Storage of raw matenals such as mulch or stone IS
not requested. The site IS zoned 1-1 Light Industnal.
SUMMARY OF REQUEST
According to the narrative submitted with the application the "initial plan for the property was to constru~t
a by-nght building to use as office-warehouse; however, it was obVIOUS that it would benefit us and the
city In the long run to hold off on constructing anything on the property until plans for the light rail and the
[Newtown Stralteglc Growth Area] were completed." The applicant conSiders the proposed storage yard to
be a temporary use until such time as thiS SGA begins to redevelop, particularly with the potential
Introduction of Light Rail Transit through the area along the current Norfolk Southern Railroad nght-of-way
to the south of the subject site. Staff concludes that five (5) years IS an appropnate penod, as work on
developing a plan for thiS SGA, as well as the work reqUired for permitting and deSign of any transit line
through the ar4:la IS likely to require five (5) or more years to complete.
LAND USE AND ZONING INFORMATION
EXISTING LAI~D USE: Vacant single-family dwelling
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
. Office 11-1 Light Industnal Distnct
. Norfolk Southern nght-of-way, church, Single-family dwellings 1
R-10 ReSidential Distnct
· Dominion Virginia Power transmission station 11-1 Light
GEORGE POWELL
Agenda Item 12
Page 1
Industrial District
West: . Parking lot /1-1 Light Industrial District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site IS In.the Chesapeake Bay watershed. There do not appear to be
any significant environmental resources on the property.
AICUZ:
The site IS In an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP):
Southern Boulevard In the VIcinity of this application IS considered a two-lane undiVided local street. No
Capital Improvement Program projects are slated for this roadway Parliament Drive In the vIcinity of this
application IS considered a two-lane undiVided collector street. No Capital Improvement Program
projects are slated for this roadway,
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Southern No eXisting
Boulevard traffic counts EXisting ZOning 2 - 57
are available ADT
for this Proposed Land Use 3 -
roadway 57 ADT
Providence Road 3,546 ADT 1 6,200 ADT 1 (Level of
Service "C") - 11,100 ADT
1 (Level of Service "E")
Average Dally Trips
2 as defined by Industrial use - bulk storage
3 as defined by industrial use - bulk storage
WATER: This site must connect to City water There IS an eXisting 10-lnch City water line encroaching Into the
property adjacent to Southern Boulevard within an eXisting 30-foot utility easement. There IS also an eXisting
4B-lnch City water transmiSSion main encroaching Into the property adjacent to Southern Boulevard within an
eXisting 30-foot utility easement.
SEWER: This site must connect to City sanitary sewer AnalYSIS of Pump Station # 007 and the sanitary sewer
collection system IS reqUired to ensure future flows can be accommodated. There IS an eXisting eight (B)-Inch
City sanitary sewer gravity main along Southern Boulevard approximately 70 feet west of the property There
IS also an eXisting 24-lnch force main along Southern Boulevard fronting the site.
GEORGE POWELL
Agenda Item 12
Page 2
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehemliive Plan:
The Comprehensive Plan recognizes this site to be within the Strategic Growth Area 3 (SGA) of the City
of Virginia Beach. Strategic Growth Areas are designated to absorb most of the City's future growth, and,
as such, are planned for more Intensive uses than most other areas of the city,
Evaluation:
Much of the vegetation on the site was recently cleared. When Staff visited the site, it was not clear on
which property the remaining vegetation stood. As such, Staff IS recommending a condition that In lieu of
Installing the required Category VI landscape matenal around the eastern and southern property lines, the
applicant may submit a landscape plan dunng final site plan review that depicts the location, specIes and
diameter (if applicable) of eXIsting trees and shrubs. A solid SIX (6) foot high fence will still be needed,
surrounding tile entire site, as required by the ZOning Ordinance for this use. Staff IS recommending that
chain link IS suitable along the eastern property line, adjacent to the Virginia Power transmiSSion station.
Traffic EnglnE!enng has prOVided Planning Staff with comments of concern related to the current access
to this site. It appears that this property does not have legal use of the eXisting dnveway across the
Norfolk Southern railroad property or on the Dominion Virginia Power property, both adjacent to the site.
This eXisting access IS through a residential neighborhood to the south via South Lowther Dnve. The
Width of pavement IS approximately 27 feet within the 30 foot Wide nght-of-way of South Lowther Dnve.
No easements or agreements have been found or provided to support the legal use over these
properties. In addition, it IS Staffs opinion that the Industnal zoning of this property does not support
access throu!;;lh a nelghbonng residential area, as IS the current practice, Staff IS recommending a
condition that all traffic to and from this site use Southern Boulevard, which extends through other
Industnally zoned properties In the area. Therefore, the subject property will be required to access the
nght-of-way via Southern Boulevard, which IS the current address for the property. ThiS entails extending
Southern Boulevard from its current terminus to the subject property uSing an adequately deSigned
access,
As thiS site IS within the Strategic Growth Area 3, Staff views thiS use, a contractor's storage yard, as one
that will ultimately be replaced when market conditions change and thiS site becomes npe for
redevelopment.
Staff IS recommending approval, subject to the conditions listed below.
CONDITIONS
1 Ingress/egress to the site shall be only via Southern Boulevard. Surface treatment and deSign
standards for the access shall be determined dunng final Site Plan review through the Development
Services Center The eXisting dnveway leading to South Lowther Dnve shall be abandoned.
2. The mqulred Category VI landscape buffer shall be Installed along the western, northern and southern
propelrty lines. The required landscaping shall be Installed where the Planning Department Staff
GEORGE POWELL
Agenda Item 12
Page 3
determines that the eXisting vegetation along the western and southern property lines IS not adequate
to accomplish the Intent of Category VI buffenng. In order to determine thiS, a landscape plan
depIcting the location, species and diameter (if applicable) of eXisting vegetation shall be submitted
dunng final site plan review for review for Staff's consideration.
3, The eXisting residential structure shall be brought Into compliance with the current edition of the
Virginia Uniform Statewide Building Code for non-residential buildings. A Certificate of Occupancy
shall be obtained pnor to use of the structure.
4. In lieu of the required solid, SIX (6) foot high fence, a chain link fence may be Installed along the
eastern property line. All other property lines must follow the requirements of the Category VI
landscaping and buffenng unless specifically permitted as described above In condition #2.
5. This Conditional Use Permit IS valid for a five (5) year penod from the date of approval by City Council.
This does not preclude the extension of this Conditional Use Permit provided such extension IS
reviewed and approved by the Planning Director
6. As thIs use IS viewed as temporary In nature, the surface of the site may be gravel In lieu of pavement
only upon determination by the Planning Director that such a waiver IS not detnmental to the
surrounding properties; however, any handicap spaces reqUIred under the City Zoning Ordinance shall
be paved and property marked.
7 Pnor to final site plan submissIon, the applicant shall request a pre-submittal meeting, to be facilitated
by the Development Services Center (DSC), to determine the specific requirements anticipated as
necessary for submission.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this 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.
GEORGE POWELL
Agenda Item 12
Page 4
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1 09/11/07 Granted
2 12/05/06 Granted
07/03/02 Granted
07/13/87 Granted
3 04/28/98 Granted
4 OS/27/08 Granted
5 03/11/03 Granted
Granted
6 08/14/07 Granted
7 10/11/05 Granted
8 01/26/99 Granted
ZONING HISTORY
GEORGE POWELL
Agenda Item 12
Page 6
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DISCLOSURE STATEMENT
IIOISCLOSURESTATEMENT
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)
5512 SouthHrn Blvd, LLC.
George Powell.
2. list all businesses that have a parent-subsidiary' or affiliated business entity"!
relationship with the applicant: (Attach list if necessary)
Powell DevE,lopment, LLC,
o 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 propmty 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.
trusteei~. partners. etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
o Check here if the property owner IS NOT a corporation, partnership. firm.
business, or other unincorporated organization.
, & 2 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. whalt IS the name of the offiCial or employee and the nature of their Interest?
Conditional Use Pmmit Application
Page 9 of,O
ReVIsed 7/3/200 7
GEORGE POWELL
Agenda Item 12
Page 7
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DISCLOSURE STATEMENT II
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)
Powell Development. LLC.
, "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 pu Ing according to the Instructions In thiS package. The
undersigned also consents to entry n the su lect property by employees of the Department of
Planning to photograph and e site for pu sSlng and evaluating thiS application
C>
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George Powell
Pnnt Name
George Powell
Pnnt Name
ConditIOnal Use Permit Application
Page 10 of 10
ReVised 7/3/200 7
GEORGE POWELL
Agenda Item 12
Page 8
Item #12
George Powell
ConditIOnal Use PermIt
5512 Southern Boulevard
DIstnct 2
Kempsville
September 10, 2008
CONSENT
Joseph Strange: The next matter IS Item 12. An applicatIOn of George Powell for a
ConditIOnal Use PermIt for a bulk storage yard and building contractor's yard on property
located at 5512 Southern Boulevard, DIstnct 2, Kempsville, wIth seven conditIOns.
Eddie Bourdon: Thank you Madam ChaIr, Mr. Secretary For the record, I'm Eddie
Bourdon, a Virginia Beach attorney representmg Mr. Powell. All of the conditIOns as revIsed
that you receIved thIS mornmg are acceptable to Mr. Powell. We apprecIate bemg on the
consent agenda. Mr. Nutter, who represents the adjacent property owner, has a comment. I
may have a qUIck one but we won't take but a second of your tIme.
RJ. Nutter: We will try to keep thIS on the consent agenda. It IS the purpose of commg up
here today For the record, I'm R.J Nutter and I represent ECPI, whIch IS the owner of the
adjacent property around thIS applicatIOn. ECPI thought the conditIOns were acceptable to
them up until the last mmute change. Rather than keep thIS up here, Eddie and I have agreed
to proceed to talk to each other and try to work out any little differences m wordage between
now amI Council, buL oLherwIse we were accepLable to thiS applicatiOn gomg on for five
years, and we had no problem WIth that. I relayed that to Eddie. So, but we will get together
between now and Council, but we didn't want to hold It up from here from gomg forward to
the Plannmg CommIssIOn, If that IS alnght WIth you all?
Eddie Bourdon: My comment IS very sImple. It IS a holding pattern use as the applicatIOn
has been revIewed by your staff. We have agreed that If and when light rail comes past thIS
property, we're gone m 30 days. Okay And we're gone m 10 years If there IS no light rail m
ten years. That has been our pomt from day one. We're out of there as soon as light rail IS
by thIS property, and we're out of there m 10 years If there IS never light rail. That IS what
we will be talkmg about.
Joseph Strange: VVell, thank you Eddie, RJ We appreciate you cooperatmg WIth each other.
Is there any OppOSItIOn to hIS matter bemg placed on the consent agenda? If not, the ChaIr
has asked Henry Livas to reVIew thIS Item.
Henry LIvas: Our reVIew based on what we have today The applicant requests a
ConditIOnal Use PermIt to allow the development of a SIte for a contractor's storage yard for
constructIOn eqUipment mcluding backhoe, a forklift, several trucks and other constructIOn
vehIcles assocIated WIth the applicant's constructIOn busmess. Storage of raw matenals such
( as mulch or stone IS not requested and the SIte IS zoned 1-1 LIght Industnal. According to the
Item #12
George Powell
Page 2
narratIve submItted by the contractor the "illItIal plan for the property was to construct a by-
nght building to use as an office-warehouse; however, It was ObVIOUS that It would benefit
the applicant and the City m the long run to hold off constructmg anythmg on the property
until plans for the light rail and Newtown StrategIC Growth Area were complete. The
applicant conSIders the proposed storage yard to be a temporary use until such tIme as the
SGA begms to redevelop, partIcularly wIth the potentIal mtroductIOn of the LIght Rail
TranSIt through the area along wIth current Norfolk Southern Railroad nght-of-way, and to
the south ofthe subject sIte. Our Plannmg staff conSIders that a five (5) year penod IS an
appropnate penod, as work on the developmg a plan for thIS SGA, as well as the work
reqUIred for permIttmg and desIgn of any tranSIt line through the area IS likely to reqUIre five
(5) or more years to complete. The applicant has agreed to conditIOn I, WhICh reqUIres that
property access utilize Southern Boulevard not South Lowther Dnve. Due to all these
.agreements we have placed It on the consent agenda.
Joseph Strange: Thank you Henry ChaIrman, I have a motIon to approve agenda Item 12.
Jamce Anderson: A motIon by Joe Strange and a second by Don Horsley
Jay Bernas: Just for clanficatIOn on Item 12. Are we votmg on the revIsed or the ongmal?
JanIce Anderson: The revIsed conditIon that we were handed out today ,
Jay Bernas: Okay
JanIce Anderson: Thank you.
AYE 11
NAY 0
ABSO
ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
Ed Weeden: By a vote of 11-0, the Board has approved Item 12 for consent.
JanIce Anderson: Thank you. Thank you for takmg care of these matters. Thank you all that
( came down on the consent agenda Items. We appreciate It. Thank you.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: 1) An Ordinance to Amend Section 2102 of the City ZOning Ordinance,
RevIsing the Definitions of "Affordable", "Affordability Level Statement", "Area
Median Income", "Workforce Housing" and "Workforce Housing Unit" and
Changing the Terms "Qualified Buyer" and "Qualified Renter" to "Eligible Buyer"
and "Eligible Renter"
2) An Ordinance to Amend Chapter 16, Article VIII of the City Code by
RevIsing Certain Definitions and Program Procedures Pertaining to Workforce
Housing
3) An Ordinance to Establish a Workforce Housing RevolVing SpeCial Revenue
Fund
4) A Resolution Approving Program Documents for the Workforce Housing
Program and PrOViding for the Execution of Legal Instruments In Workforce
HOUSing Transactions
MEETING DATE: October 28, 2008
. Background: In August 2007, the City Council adopted amendments to Article
21 of the City ZOning Ordinance and Chapter 16 of the City Code, establishing the
Workforce HOUSing Program and creating the Workforce HOUSing AdVISOry Board
(WFHAB). One of the responsibilities of the WFHAB, as set forth In City Code Section
16-54, IS to "adVise the city council on all aspects of the city's workforce hOUSing
program, Including recommendations for modifications of the reqUirements of the
program." The WFHAB, together with Staff from the Department of HOUSing and
Neighborhood Preservation and City Attorney's Office, have reviewed all aspects of the
for-sale portion of the program and are bringing forward for conSideration by the City
Council two proposed ordinances and a proposed resolution, as described below
. Considerations: City Code Chapter 16: The ordinance amends certain of the
proVISions of Article VIII of City Code Chapter 16, which sets forth the WFH Program's
process and procedures for the sale of workforce hOUSing. The most Significant of the
amendments IS the modification of the form of the transactions by which WFH units are
sold. The proposed process, which IS Simpler and less expensive to the buyer than the
process currently set forth In the current City Code, was developed after extensive
consultation with the key mortgage Industry stakeholders and has been used
successfully In James City County Other proposed changes Include reVISIons to
certain of the definitions, clarifications of and refinements to the process and procedures
used In the WFH Program, and the deletion of language referenCing the City's "agent,"
as the Department of HOUSing and Neighborhood Preservation would be handling
transactions directly
Workforce Housing Revolving Fund: The ordinance establishing' the Fund
provides a mechanism by which the City holds funds that are received from fees and
payoffs of second deeds of trust held by the City on workforce housing units. The Fund
will be self-supporting through those fees and payoffs, and any recaptured funds from
second deeds of trust held by the City on workforce housing units will be used to further
the goals of thE~ program, pnmarily by enhanCing the affordability of future WFH units,
The only cost of the WFH Program not paid for through the WFH Revolving Fund will be
for one emploYHe of the Department of Housing and Neighborhood Preservation.
Program Documents: The resolution adopting the WFH Program documents (the
vanous legal Instruments to be used In all WFH transactions) establishes these
documents as the offiCial ones for use In the Program. All documents have been
developed In order to Insure that all parties are fully Informed about how the Program
works, and to Insure that the Interests of the city are protected In the Initial and future
transactions. The resolution also authonzes the City Manager to execute on behalf of
the City, or to deSignate the Director of HOUSing and Neighborhood Preservation to
execute, legal Instruments used In workforce hOUSing transactions when such
Instruments have been approved by the City Attorney
In addition to the three items described above, the City Council will also conSider
proposed amendments to the City ZOning Ordinance provIsions concerning workforce
hOUSing set forth In Article 21 of the CZO As the CZO amendments are Planning
items, they are being brought forward separately but contemporaneously with the
ordinances deseribed In thiS Agenda Request Form. The CZO amendments are limited
to refinements of certain definitions and terminology, and contain no substantive
reVISions to the eXisting ordinance. A separate Agenda Request Form prepared by the
Planning Department more fully describes the proposed CZO reVISions. The Planning
Commission recommended approval of the proposed CZO amendments on October 8
. Public Information: The program changes have been developed by the
WFHAB, which holds public meetings and has met at least monthly In the last 9 months.
In addition, the City Council received a public bnefing on October 7 and held a public
comment session on October 14 bnefing. The City ZOning Ordinance amendments
were also the subject of a public heanng before the Planning Commission on October 8
. Alternatives: The package presented today represents the consensus of the
WFHAB and City Staff regarding the Implementation of the Workforce HOUSing
Program. While there are alternatives possible, the proposed ordinances and resolution
are entirely consistent with the expressed Intent of the City Council In establishing the
Workforce HOUSing Program and were developed with conSiderable Input from potential
stakeholders and others, Including mortgage Industry representatives, developers,
hOUSing advocates and others.
. Recommendations: Adoption of the ordinances and resolution.
. Attachmnnts: Three ordinance
d Neighborhood Preservation
Recommended Action: Approval
Submitting Dep~mentlAgency: D
City Manager: '\<:'.~. ~
1 AN ORDINANCE TO AMEND SECTION 2102 OF THE CITY
2 ZONING ORDINANCE, REVISING THE DEFINITIONS OF
3 "AFFORDABLE," "AFFORDABILlTY LEVEL STATEMENT,"
4 "AREA MEDIAN INCOME," "WORKFORCE HOUSING"
5 AND "WORKFORCE HOUSING UNIT" AND CHANGING
6 THE TERMS "QUALIFIED BUYER" AND "QUALIFIED
7 RENTER" TO "ELIGIBLE BUYER" AND "ELIGIBLE
8 RENTER"
9
1 0 Section Amended: City Zomng Ordinance Section 2102
11 WHEREAS, the public necessity, convemence, general welfare and good zomng
12 practice so require;
13
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA.
16
17 That Section 2102 of the City Zomng Ordinance IS hereby amended and
18 reordalned to read as follows:
19
20 Sec. 2102. Definitions.
21
22 As used In this article, the following terms shall be defined as follows:
23
24 (a) Affordable. Housing IS considered affordable by 3 purchasor if no more
25 than approximately thirty (30) percent of the gross household Income of the purchaser
26 or renter IS spent on direct housing costs.:. , 'NhlCh For buyers. such costs Include
27 mortgage prrnclpal, Interest, taxes~ aM homeowner's Insurance, but not mandatory
28 homeowners' association dues, and condomlmum fees, but do not Include utilities or
29 other related housing costs. For renters. such costs Include rent payments and an
30 allowance for tenant-paid utilities other than cable teleVIsion and telephone service. but
31 do not Include other related houslnQ costs.
32
33 (b) Affordability level statement. A statement of the number of workforce
34 housing units that are affordable to qU31ifiod eliqible buyers at eighty (80) percent,
35 mnety (90) percent, one hundred (100) percent, one hundred ten (110) percent and one
36 hundred twenty (120) percent of 3rea modi3n Incomo Area Median Income,
37 respectively~ or to qU31ified eliqible renters at sixty (60) percent, seventy (70) percent,
38 eighty (80) percent, aM mnety (90) percent and. where the buildinq contains an
39 elevator. one hundred (100) percent of 3re3 median Income Area Median Income.
40
41 ~ (ill Area median mcomo Median Income (AM/). The household Income th3t
42 one h31f of the household Incomes In 3 spocific 3rea 3re bolow and one h31f 3re 3bo'lo.
43 Referenoes In thiS 3rticlo to area median Income shall be to the area medi3n Income for
44 the VirgInia Beach Norfolk Nm....port News, Virginia Metropolitan Statistical /\rea (MS.^.),
45 which IS publi8hed annually by the U.S. Department of Housing and Urban
46 Development (HUD) and IS adjusted for household size.
47
48 Area Median Income (AMI). The Area Median Income for the Vin:lln1a Beach-
49 Norfolk-Newport News. VirCllnla Metropolitan Statistical Area (MSA) published annually
50 by the U.S. Del.Jiartment of Houslno and Urban Development (HUD) and adiusted for
51 household size.
52
53 f6j f.Q1 Bonus density. An Increase In the maximum allowable dwelling unit
54 density on a property. attributable to the proVIsion of workforce housing on that property
55
56 (€ij UU QIJi~ Eliaible buyer A person whose workforce housing application
57 has been approved and who meets the home ownership requirements of the workforce
58 housing program. These requirements center on gross annual Income, financial assets,
59 and location where one works and lives. To purchase a workforce housing unit, annual
60 gross Income must generally be between eighty (80) percent and one hundred twenty
61 (120) percent of area median Income Area Median Income.
62
63 (e) ill Qualified Eliaible renter A person whose workforce hOUSing application
64 has been approved and who meets the rental requirements of the workforce hOUSing
65 program. These reqUirements center on gross annual Income, financial assets, and
66 location where one works and lives. To rent a workforce hOUSing unit, annual gross
67 Income must generally be between sixty (60) percent and ninety (90) percent of afea
68 median Income Area Median Income or. where the buildino contains an elevator.
69 between SlxtV (60) percent and one hundred (100) percent of Area Median Income.
70
71 ~ (g) StrategIc growth area (SGA). Areas of the city that are deSignated In the
72 Comprehensive Plan to absorb most of city's future growth, both residential and non-
73 residential. ThesH areas, which are planned for more intensive uses than most other
74 areas of the city, are charactenzed by the Integration, not separation, of diverse but
75 compatible uses Including, where appropnate, residential uses.
76
77 &H (b} Workforce housmg (WFH). HOUSing that IS generally affordable to
78 households with working members who live or will be liVing work In the City of Virginia
79 Beach. For home ownership, it IS hOUSing that IS pnced to be affordable to households
80 with annual Incomes between eighty (80) percent and one hundred twenty (120) percent
81 of AMI. For rentals, it IS hOUSing that IS pnced to be affordable to households with
82 annual Incomes between sixty (60) percent and OIghty (80) ninety (90) percent of AMI
83 or. where the buildina contains an elevator. between sixty (60) percent and one hundred
84 (100) percent of AMI.
85
86 W ill Workforce housmg discount. The difference In sales pnce between a
87 market rate unit and an eqUivalent workforce hOUSing unit. ThiS amount IS calculated to
2
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88 be the reduction In sales pnce necessary to make a workforce housing unit affordable to
89 a household at a targeted Income level.
90
91 fij ill Workforce housmg unit (WFH unit). A dwelling unit that IS reserved for
92 sale or rent by an qualified eliqible buyer or qualified eliqible renter, as the case may be,
93 at a pnce Incorporating the workforce housing discount. Workforce housing units are
94 constructed as a result of the bonus density provIsions that allow the construction of a
95 greater number of dwelling units on a specific parcel of land than IS otherwise allowed In
96 exchange for the provIsion of workforce housing on the parcel.
97
98
99 COMMENT
100
1 01 The amendments refine certain of the definitions in the ordinance in order to conform them
102 to the definitions of the equivalent terms in the workforce housing program ordinance contained in
103 Chapter 16 of the City Code. With the exceptions described in the next paragraph, none of the
1 04 revisions is substantively significant.
105
106 The definition of "affordable" adds mandatory homeowners' association and condominium
107 fees to the items which are considered direct housing costs in determining affordability. It also
1 08 adds a formula for determining affordability of rental housing. In addition, certain of the
1 09 definitions expand the high end of the range of area median income (AMI) for purposes of
110 determining eligibility for renters from 90% of AMI to 100% of AMI where the building contains
111 an elevator.
112
113
114
115
116 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
11 7 , 2008.
118
APPROVED AS TO CONTENT'
APPROVED AS TO LEGAL SUFFICIENCY
UJ~~~ I~/N~'
City Attorney's Office
Plannln
CA-10863
R-4
September 22,2008
3
1 AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE VIII
2 OF THE CITY CODE BY REVISING CERTAIN
3 DEFINITIONS AND PROGRAM PROCEDURES
4 PERTAINING TO WORKFORCE HOUSING
5
6 Sections Amended: City Code Sections 16-44, -45, -46, -48,
7 -4!~, -50, -55 and -56
8
9 SE~ctions Added: City Code Sections 16-46.1 and -49 1
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA.
13
14 That Chapter 16, Article VIII (Workforce Housing) of the City Code IS hereby
15 amended and mordalned by amending City Code Sections 16-44, 16-45, 16-46,.16-48,
16 16-49, 16-50, 16-55 and 16-56 and adding City Code Sections 16-46.1 and 16-49 1, to
17 read as follows:
18
19 ARTICLE VIII. WORKFORCE HOUSING
20
21 DIVISION 1. GI:NERAL PROVISIONS
22
23 Sec. 16-42. Applicability
24
25 The provIsions of this article shall apply only to the sale or rental of workforce
26 hOUSing approvl~d by the city council pursuant to the provIsions of article 21 of the city
27 zoning ordinance.
28
29 COMMENT
30
31 This section is shown for reference purposes only.
32
33 Sec. 16-43. Pu rpose and intent.
34
35 (a) The purpose of this article IS to provide eligibility reqUirements, pricing
36 standards and program procedures concerning Initial sales, subsequent transfers and
37 rentals of workforce hOUSing units developed pursuant to the provIsions of article 21 of
38 the city zOning ordinance as part of the city's workforce hOUSing program. It IS the
39 Intention of the city council to establish such standards and procedures as a means of
40 achieving the city's VISion for hOUSing and neighborhoods, as stated In the "hOUSing and
41 neighborhoods" section of the comprehenSive plan.
42
43 (b) The creation of developments containing workforce hOUSing as an
44 Integrated component thereof will advance the city's goal of providing diverse, hlgh-
45 quality and affordable hOUSing In deSirable neighborhoods. AllOWing a greater mix of
46 Incomes within neighborhoods Increases the affordability of hOUSing and reduces the
47 Isolation of Income groups. Further, mixed-Income developments are beneficial In the
I I
48 long run because they broaden housing opportunities, Increase residents' access to
49 nearby employment and provide a better land use arrangement to accommodate
50 alternative, cost-effective transportation systems.
51
52 COMMENT
53
54 This section is shown for reference pnrposes only.
55
56 Sec. 16-44. Definitions; explanatory material.
57
58 As used In this article, the following terms shall have the meanings set forth In
59 this section. Where explanatory matenalls proVided, such terms shall be construed In a
60 manner consistent with such matenal:
61
62 Affordable. Housing IS generally considered affordable by a household if no
63 more than approximately thirty {301 percent of ~ the annual gross Income of the
64 purchaser or renter IS spent on direct housing costs. \^!ith respect to home ownership,
65 For purchasers, such costs Include mortgage pnnclpal, Interest, taxes and homeowner's
66 Insurance, but not mandatory homeowners' association dues, and condominium fees,
67 but do not Include utilities or other related housing costs. With respect to rentals, such
68 costs Include GfHy rent payments and do not Include an allowance for tenant-paId
69 utilities other than cable televIsion and telephone service but do not Include other
70 related housing costs.
71
72 Annual gross Income. Income from whatever source denved and before taxes
73 and withholdings. Included In the calculation of gross Income are base salary, overtime,
74 part-time employment, bonuses, commiSSions, diVidends, Interest, royalties, penSions,
75 military housing allowance, Veterans Administration compensation, alimony, child
76 support, public assistance, sick pay, social security benefits, unemployment
77 compensation, Income from trusts, and other Income from business activities or
78 Investments.
79
80 ApprecIation. The workforce housing program uses a shared appreciation model
81 to recapture the workforce housing discount, plus a fixed percentage of a unit's
82 appreciation In value.
83
84 Area median Income (AMI). The Area Median Income for the Virginia Beach-
85 Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA) published annually
86 by the U S. Department of Housing and Urban Development (HUD) and adjusted for
87 household size. Pnclng of workforce housing units and end-user qualifications are
88 partially based on thiS published data. The Initial sales pnce of workforce housing units
89 IS based on the ratio of housing payments relative to the AMI. Additionally, the end
90 user's Income qualifications are based on the AMI, adjusted for household Size,
91
2
92 City The City of Virginia Beach or such other entity as the city council may
93 designate as its agent In discharging the duties and performing the acts prescribed or
94 contemplated by this article.
95
96 Developl~r The developer of workforce housing or other person or entity, such
97 as a homebuildef; who purchases sells a workforce housing unit f-or purposes of resale
98 to an oligible bll:JYE* pursuant to the provIsions of this article. The term Includes other
99 persons or entities, such as homebuilders. who purchase workforce houslnq units for
100 the purpose of sellinq such units pursuant to the provIsions of this article, but does not
101 Include any penson who resells a workforce houslnq unit pursuant to section 16-49
102
103 Director The director of the department of housing and neighborhood
104 preservation or his designee.
105
106 Discounted sales pnce. The consideration paid to the developer for a workforce
107 houslnq unit; provided. however. that In the case of a resale, the discounted sales price
108 IS the difference~ between the Initial sales pnce and the amount of funds provided by the
109 city. as eVidenced by a promissory note, to help buy down the eliqible buyer's first
110 mortqaqe.
111
112 Eligible buyer A household whose workforce housing application has been
113 approved and who meets aU the reqUirements of the workforce housing program for
114 home ownorshlf} section 16-46. Such reqUirements Include, among other things, the
115 household's gross annual Income. aRG financial assets. and location In which an adult.
116 non-dependent household member lives and works. In order to qualify to purchase a
117 workforce housing unit, a household's annual gross Income must generally be between
118 eighty (80) percent and one hundred twenty (120) percent of AMI.
119
120 Eligible renter A household whose workforce housing application has been
121 approved and who meets aU the reqUirements of the workforce housing program for
122 rental housing section 16-51 Such reqUirements Include, among other things, the
123 household's gross annual Income. aRG financial assets, and location In which an adult,
124 non-dependent household member lives and works. In order to qualify to rent a
125 workforce housing unit, a household's annual gross Income must generally be between
126 sixty (60) perce~nt and nrnety (90) percent of area medi:Jn Income AMI or. where the
127 buildinq contains an elevator, between sixty (60) percent and one hundred percent of
128 AMI.
129
130 End user An eliqible buyer or eliqible renter that IS, or will be, OCCUPYlnq a
131 workforce houslnq unit as its Principal reSidence.
132
133 Equitv shanna aareement. An aqreement between the city and eliqible buyer In
134 which the eliqible buyer aqrees to share the net appreciation with the city upon the
135 resale of the workforce houslnq unit
136
3
137 Gross appreciation. The difference between the Initial undiscounted s31es resale
138 pnce of a workforce hOUSing unit received by an elioible buyer upon resale of the unit to
139 a third party and the undiscounted Initial sales pnce of the unit upon resale that the
140 elioible buyer paid for the unit.
141
142 Household. One or more persons living In, or Intending to live In, the same
143 dwelling workforce houslno unit.
144
145 Initial sale. The onglnal sale of a workforce hOUSing unit to an eligible buyer +Re
146 term does not Include sales to persons such 3S homebuilders 'Nhore such sales are for
147 the purpose of resale to eligible buyers.
148
149 Initial sales Of/ce. The conSideration paid for the workforce houslno unit by the
150 elioible buyer
151
152 Net appreciation. The difference between the onglnal undiscounted soles pnce
153 of a workforce hOUSing unit and its undiscounted resale pnce, less the total amount of:
154 (i) the onglnal pnnclpal amount of the first mortgage loan on the unit, (ii) the pnnclpal
155 amount of the soft second deed of trust note on the unit, (iii) clOSing costs actually paid
156 by the eligible buyer In connection with the purchase of the unit, (iv) the eligible buyer's
157 dovm payment, and (v) the 3ppralsed value of any capit31 Improvements approved by
158 the director of hOUSing and neighborhood preservation.
159
160 The amount of the resale pnce of a workforce houslno unit. less the total amount of: (i)
161 the onOlnal pnnclpal amount of the first mortoaoe loan on the unit. (ii) the pnnclpal
162 amount of the workforce houslno deed of trust note on the unit. (iii) c1oslno costs
163 actually paid by the elioible buyer In connection with the purchase of the unit. (iv) the
164 elioible buyer's down payment. (v) the appraised value of any capital Improvements
165 approved by the Director of Houslno and Nelohborhood Preservation. and (vi) the
166 reasonable and customary sales commiSSion paid by the elioible buyer
167
168 Resale Of/ce. The sales pnce of the workforce houslno unit that the elioible
169 buver receives upon the sale of the workforce houslno unit to a third party
170
171 Shared net appreciation. The amount of the net appreciation owed to the city by
172 the purchaser of a workforce hOUSing unit, which shall be equal to the proportional
173 share represented by the city's Investment In the onglnal purchase of the unit In tho form
174 of the soft second deed of trust note as eVidenced by the equity shanno aoreement. For
175 example, if the amount of the soft second workforce houslno deed of trust note equals
176 twenty-five (25) percent of the anginal undiscounted purchase Initial sales pnce of the
177 unit, the amount of shared net appreciation owed to the city will be twenty-five (25)
178 percent of the net appreciation of the unit. The amount of the shared net appreciation
179 and pnnclpal amount of the soft second workforce houslno deed of trust note IS repaid
180 to the city upon resale of the unit.
181
4
182 Soft second dead of t,rust. /\ second deed of trust securing the repayment of the
183 loan made by the city to an eligible buyer In the amount of the v.'orkforce housing
184 discount, plus the shared net appreciation of the unit. The loan secured by a soft
185 second deed of trust carnes a zero percent Interest rate, requires no monthly payments,
186 IS subordinate only to the purchase money first deed of trust, and IS due and payable
187 from the proceeds of the resale or transfer of the workf-orce housing unit.
188
189 Workforce housmg or workforce housmg unit. Dwellings or dwelling units,
190 whether slngle-.family dwellings, duplexes, semi-detached dwellings, townhouses or
191 multiple-family dwelling units, approved by the city council pursuant to article 21 of the
192 city zOning ordinance. Such housing IS generally affordable to households with working
193 members who live or work In the City of Virginia Beach. With respect to home
194 ownership of workforce housing, it Includes housing that IS priced to be affordable to
195 households with gross annual Incomes between eighty (80) percent and one hundred
196 twenty (120) percent of area median Income, adjusted for household size. With respect
197 to rentals of workforce housing, it Includes housing that IS priced to be affordable to
198 households with annual Incomes between sixty (60) percent and ninety (90) percent of
199 area median Income.
200
201 Workforce housmg application. An application submitted to the city that provides
202 the necessary Information to determine if a household qualifies for the workforce
203 housing program. PartiCipation In the program IS contingent upon approval of thiS
204 application.
205
206 Workforce housmq deed of trust. A deed of trust securlnq the repayment of the
207 loan made by the city to an eliqible buyer, representinq the workforce houslnq discount,
208 plus the shared net appreciation of the unit. The loan secured by a workforce housrnq
209 deed of trust carnes a zero percent IIlterest rate, reQuires no monthly payments, IS
210 subordinate onlv to the purchase money first deed of trust. and IS due and payable from
211 the proceeds of the resale or transfer of the workforce houslllq unit.
212
213 Workforce housmg discount. The difference In sales price between the fair
214 market value of a workforce housing unit and the reduced sales price necessary to
215 make such unit affordable to a household at a targeted IIlcome level.
216
217 Workforce housmg program revolvmg fund. A fund administered by the
218 department of housing and neighborhood preservation for the recapture of workforce
219 houslllg discounts, fees and shared net appreciation from the sale of workforce housmg
220 units. Funds are relllvested In the workforce houslllg program for the purpose of
221 preservlllg or cnaating affordable houslllg.
5
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267
COMMENT
The amendments revise a number of the existing definitions and add others. The revisions
are the product of a joint review of the Workforce Housing Ordinance by the City staff and the
Workforce Housing Advisory Board.
DIVISION 2. SALE AND OWNERSHIP OF WORKFORCE HOUSING
Sec. 16-45. Initial sales of workforce housing units.
(a) The city shall have the nght to purchase workforce housing units offered
for Initial sale as follows:
(1) The city shall have an exclUSive nght to purchase any workforce
housing unit, not to exceed a total of one-third of the workforce
housing units for sale within a development, by so notifying the
developer of the unit within thirty (30) days from the date on which
the city IS notified that the workforce housing unit IS available for
Initial sale. If the city does not timely exercise its nght to purchase
the unit, it may be sold to an eligible buyer
(2) Any workforce housing unit the city has not elected to purchase
shall be offered for sale exclusively to eligible buyers for a penod of
sixty (60) days from the date on which the city's nght to purchase
the unit expires. Upon the expiration of such time, any such unit not
sold to the city or to an eligible buyer may be offered for sale
without restnction, provided, that when such a unit IS sold, the.
developer shall pay to the city the difference between actual sales
pnce and the pnce as reduced by the workforce housing discount.
(b) The procedure for Initial sales of workforce housing units to be purchased
by an eligible buyer shall be as follows:
(1) A developer deEming to enter Into a contract who has reached an
aoreement with an eligible buyer to sell a specific workforce
housing unit to such elioible buyer as an feF Initial sale shall se
notify the city that the developer and elioible buyer have reached an
aoreement reoardino the purchase of the unit,. The city shall,
either before or after it receives such notification, 'NhlCh sh311 verify
the eligible buyer's continued eligibility under section 16-46
(2) In the event the eligible buyer continues to meet such
reqUirements, the developer and city shall enter Into an real estate
sales contract aQreement pursuant to which the developer agrees
to sell the unit to the city 3t a price Incorporating the workforce
housing discount. The city shall 3ssIgn to the eligible buyer its
6
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312
313
314
rights under the contr3ct and shall receive 3 promissory note,
secured by a soft second deed of trust from the eligible buyer, In
the 3mount of the 'Norkforce housing discount eliqible buyer at a
price Incorporatinq the workforce houslnq discount (the "discounted
sales Price"). The developer shall not be entitled to receIve any
portion of the momes representinq the workforce houslnq discount.
~I The city and eliqible buyer shall also enter Into an aqreement
pursuant to which the city will finance. by means of a workforce
houslnq deed of trust, the difference In value between the fair
market value of the workforce houslnq unit and the discounted
sales price. Such aqreement shall further provide, amonq other
thlnqs. that that the city shall have the rlqht to repurchase the unit
upon resale. or to asslqn such rlqht to an eliqible buyer, In
accordance with the provIsions of section 16-49
~, The workforce houslnq deed of trust shall: (i) the secure repayment
to the city of the workforce houslnq discount, plus the shared net
appreciation; (ij) be subordinate only to the lender's first deed of
trust; and Wi) provide that the eliqible buyer shall make no
payments of Principal on the Indebtedness secured by the
workforce houslnq deed of trust until the eliqible buyer sells or
otherwise divests his or her Interest In the workforce houslnq unit.
The assignment shall further provide that: (i) such loan, plus the sh3red
appreciation of jthe unit, shall be repaid to the city upon resalo of the unit and th3t such
obligation shall be secured by a soft second deed of trust; and (ii) that tho city shall
have the right to repurchase the unit upon resale, or to 3sslgn such right to an eligible
buyer, In accord3nce '1.'ith the provIsions of section 16 49
COMMENT
The amendments set forth the procedure for initial sales of workforce housing units to
eligible buyers. They revise the procedures in the existing ordinance by establishing a process in
which the City dOles not first enter into a contract with the developer, then assign the contract to an
eligible purchaser, as specified in the existing ordinance. Instead, the City enters into agreements:
(i) with the developer, to sell the unit directly to the eligible buyer, and (ii) with the eligible buyer,
to finance the difference in value between the fair market value of the workforce housing unit and
the discounted sales price. This difference is the "workforce housing discount," which the eligible
buyer finances by means of a "workforce housing deed oftrust." Because the buyer is not required
to make any paYllllents on the amount secured by the workforce housing deed of trust until he or
she resells the unit, the procedure enables the eligible buyer to afford the payments on the unit
while allowing the developer to pay taxes only on the discounted sales price he actually receives.
In additiolll, the amendments in subdivision (b) (4) specify the required provisions of the
workforce housinl~ deed of trust. They must be read in conjunction with section 16-55 (b), which
requires that all legal instruments in workforce housing transactions contain adequate provisions to
7
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ensure the eligible buyer's or eligible renter's compliance with the applicable provisions of the
ordinance, and that they must be approved by the City Attorney.
Sec. 16-46. Eligibility requirements for buyers of workforce housing units.
(a) In order to be deemed an eligible buyer of a workforce housing unit, a
household shall meet the following critena:
(1) At least one adult, non-dependent member of the household to be
shown on the deed of trust note as a borrower or other obligor
shall, at the time of application to the workforce housing program,
live or work full-time In the City of Virginia Beach, or must have a
bona fide offer of full-time employment within the City of Virginia
Beach commencing within three (3) months of the time of
application;
(2) No member of the household shall own or have a controlling
Interest In any other'real property;
(3) The household's combined annual gross Income shall, at the time
of application, be between eighty (80) percent and one hundred
twenty (120) percent of area median Income, adjusted for
household size; and
(4) The net worth of the household shall not exceed fifty (50) percent of
the sales pnce of the workforce housing unit being financed, The
follOWing items shall not be Included In determining the net worth of
a household:
a. The present value of Insurance poliCies, retirement plans,
furniture. automobiles or household goods;
b. The portion of the household's liquid assets used for the
down payment and to pay closing costs, up to a maximum of
twenty-five (25) percent of the purchase pnce; and
c. Any income-producing assets needed as a source of Income
to meet the minimum qualifying requirements for eligible
buyer status.
(b) A household shall, In addition to the foregoing requirement, qualify for a
mortgage loan from a mortgage lender acceptable to the city The city may deny eligible
buyer status to any household if it determines that such mortgage loan contains
deceptive, predatory or abusive terms.
8
360 (c) Once determined to be an eligible buyer, a household must continue to
361 meet the requllrements of subsection (a) through the time of settlement. A household
362 shall be reqUlrE!d to certify its continued qualification as an eligible buyer at settlement
363 and at any prior time requested by the city
364
365 (d) VVorkforce housing units shall be made available by the city for purchase
366 only by eligible buyers who have qualified for a mortgage loan In accordance with
367 subsection (b).
368
369 COMMENT
370
371 The amendments add antomobiles as an item not to be included in determining the net
372 worth of a household for purposes of determining eligibility for workforce housing.
373
374 . Sec. 16-46.1. Occupancy requirements.
375
376 (a) W'orkforce houslnQ units shall be owned and occuPied as the Principal
377 residence of the eliQible buyer at all times. No Interest In any workforce houslnQ unit
378 shall be leased, sold or otherwise transferred by the eliQible buyer oWnlnQ such unit, nor
379 shall the owner of any workforce houslnQ unit permanently vacate such unit. except In
380 accordance with the prOVISions of this article.
381
382 (b) The owner of a workforce houslnQ unit. other than the city or developer,
383 shall annually certify hiS or her compliance with the ProVIsions of subsection (a) on a
384 form provided by the department of houslnQ and nelQhborhood preservation.
385
386 COMMENT
387
388 The amendments add occupancy requirements to the ordinance. The provisions essentially
389 require that worUorce housing units be occupied as the principal residence of the eligible buyer at
390 all times, and prohibit the sale of workforce housing units except as allowed in the ordinance. The
391 owner of a world'orce hQusing unit is required to certify his or her compliance with these
392 requirements annually.
393
394 Sec. 16-47. Workforce housing pricing.
395
396 (a) Workforce hOUSing shall be priced so as to be affordable for purchase by a
397 household with a gross annual Income between eighty (80) percent and one hundred
398 twenty (120) percent of area median Income, adjusted for household size. Seml-
399 annually, the workforce hOUSing adVISOry board shall recommend, and the city council
400 shall establish, maximum sales prices for workforce hOUSing units based upon current
401 area median Income, prevailing mortgage Interest rates In the area, real estate. tax
402 rates, homeowner's Insurance rates, hOUSing ratios, and the size of targeted
403 households. In determining whether to grant approval pursuant to article 21 of the city
404 zOning ordinance to a proposed development that Includes workforce hOUSing, the city
9
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405 council shall determine whether the proposed pricing of the workforce housing within
406 such development meets the requirements of this section,
407
408 (b) The department of housing and neighborhood preservation shall make
409 available to prospective developers of workforce housing a spreadsheet planning tool to
410 assist In determining if a specific development meets the requirements of this section.
411
412 COMMENT
413
414 This section is shown for reference purposes only.
415
416 Sec. 16-48. Workforce housing discount.
417
418 (a) All Initial sales of workforce housing units shall be at a price that
419 Incorporates a workforce housing discount, as defined In section 16-44 The workforce
420 housing discount shall be sufficient to bring the sales price of a workforce housing unit~
421 sales price within a price range that IS affordable to households with annual gross
422 Incomes between eighty (80) percent and one hundred twenty (120) percent of area
423 median Income, adjusted for household size The actual amount of the workforce
424 housing discount applicable to a specific workforce housing unit shall be subject to the
425 approval of the city council.
426
427 (b) The baseline amount of the workforce housing discount shall be twenty-
428 five (25) percent of the undiscounted sales price; provided, however, that if the
429 undiscounted sales price of a workforce housing unit IS affordable by a household with a
430 gross annual Income between eighty (80) percent and one hundred twenty (120)
431 percent of area median Income, adjusted for household Size, the reqUired workforce
432 housing discount may be less than twenty-five (25) percent. The chart below illustrates
433 the required discount applied to a WFH Unit given the affordability of an equivalent
434 market rate unit:
435
436 TABLE INSET
437
Affordability Range of Market Units (as a ReqUired Workforce Housing
Percent of AMI) Discount
From To
0% 80% 1%
81% 90% 5%
91% 100% 10%
101% 110% 20%
111% 120% 25%
10
438
439 COMMENT
440
441 The amendments to this section are stylistic and of no substantive effect.
442
443 Sec. 16-49. RE!Sale of workforce housing units.
444
445 (a) Pnor to offering a workforce housing unit for resale, the owner shall notify
446 the city of the owner's Intent to sell the unit. The city shall notify the unit owner of its
447 Intention to purchase the unit within thirty (30) days from the date on which the owner's
448 notice of Intent to sell was received by the city In the event the city determines to
449 purchase the unit upon resale, it shall have the right to assign the contract to an eligible
450 buyer
451
452 (b) The city shall tender to the unit owner an offer to purchase such unit at its
453 fair market valLIe. The fair market value shall be determined by the average of two (2)
454 appraisals of slUch unit based on the sales prices of comparable properties that have
455 recontly sold. Such appraisals shall be performed by licensed Virginia real estate
456 appraisers selected by the city as follows:
457
458 The city and workforce houslnQ unit owner shall attempt to aQree upon an
459 appraiser, who shall determine the fair market value of the workforce houslnQ unit as of
460 the date of the actual or antiCiPated sale. If the parties are unable to aQree upon an
46.1 appraiser within ten (10) days, the parties shall each have an appraisal made by an
462 appraiser of its chOice to establish the fair market value. If the two competinQ
463 appraisals are within ten percent (10%) of each other, the midpoint between the two
464 shall be considered the fair market value. If the two appraisals are not within ten
465 percent (10%) of each other, the parties shall aQree on a third appraiser, and such
466 appraiser's valuation shall be controllinQ as to fair market value. If the parties cannot
467 aQree on a third appraiser, the city shall have the rlQht to apPoint a Qualified appraiser
468 and such appraisal shall be controllinQ as to fair market value. The parties shall share
469 equally In the cost of 10lnt appraisals and shall be solely responsible for the cost of any
470 other appraisals.
471
472 (c) In the event the city deCides not to purchase or assign its right to purchase
473 the unit, it shall so notify the owner In writing, who shall thereafter have the right to sell
474 the unit to any other person or entity
475
476 (d) In the event the city purchases or assigns its right to purchase a workforce
477 hOUSing unit from the owner of such unit, it shall make such unit available for sale to
478 another eligible buyer for a period of at least ninety (90) days. The city shall notify the
479 eligible buyers on its prescreened list of the availability of the unit.
480
481 (e) In the event an eligible buyer enters Into a contract to purchase the unit
482 within the nlne!ty-day period, the city shall determine whether such eligible buyer
483 continues to so qualify If such eligible buyer continues to meet the eligibility
11
I I ,
484 requirements of section 16-46, the owner of the unit shall enter Into a contract with the
485 city and, if applicable, the city's assignee, to purchase the unit at the fair market value
486 thereof, as determined pursuant to subsection (b). The contract shall further provide
487 that: (i) the amount of the workforce housing discount, plus the shared net appreciation
488 of the unit, shall be repaid to the city upon resale of the unit; and (ii) that the city shall
489 have the right to repurchase the unit, or to assign such right to an eligible buyer, In
490 accordance with the proVIsions of thiS section.
491
492 (f) At settlement, the principal amount .of the outstanding soft second
493 workforce houslnQ deed of trust note, plus the shared net appreciation of the unit, as
494 defined In section 16-44, shall be repaid to the city from the proceeds of the resale of
495 the unit. All such momes shall be deposited Into the workforce hOUSing revolving fund.
496
497 The city shall finance a portion of the purchase price equal to the amount of the
498 new workforce hOUSing discount by means of a note secured by ~ soft second
499 workforce houslnQ deed of trust. Tho new '.\'orkforce hOUSing discount shall be the same
500 percentage of the undiscounted purch3se price of the unit as the percent3ge of the
501 Initial workforce hOUSing discount.
502
503 COMMENT
504
505 The amendments having substantive effect are those in subsection (b). They prescribe the
506 procedures for determining the fair market value of workforce housing units upon resale.
507
508 Sec. 16-49.1. Same: exceptions.
509
510 NotwithstandinQ the prOVISions of section 16-49, the followlnQ transfers of
511 workforce houslnQ units shall be allowed:
512
513 (a) A transfer of a workforce houslnQ unit to the survlvlnQ 10lnt tenant by
514 deVise. descent or operation of the law. on the death of a 10lnt tenant;
515
516 (b) A transfer of a workforce houslnQ unit where the spouse becomes an
517 owner of the workforce houslnQ unit and the transferee IS a person who occupies or will
518 OCCUpy the workforce houslnQ unit;
519
520 (c) A transfer of a workforce houslnQ unit resultinQ from a decree of
521 dissolution of marnaQe. leQal separation or from an Incidental workforce houslnQ unit
522 settlement aQreement by which the spouse becomes an owner of the workforce houslnQ
523 unit and the transferee IS a person who occuPies or will occupy the workforce houslnQ
524 unit; and
525
526 (d) A transfer to an Inter VIVOS trust In which the owner IS and remains the
527 benefiCiary of the trust and the occupant of the workforce houslnQ unit.
528
12
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
570
COMMENT
The amendments provided for exceptions from the requirement that the owner of a
workforce houshng unit must allow the City to purchase the property before being able to transfer
its ownership to a third party. These are limited in scope and concern life events such as the death
of a spouse or a divorce.
Sec. 16-50. RE~strictions on refinancing, etc. of workforce housing units.
(a) No owner of a workforce hOUSing unit shall:
(1) Refinance such unit or encumber the unit with any other mortgage
loan, home equity loan or similar Instrument without the prior written
approval of the director Such approval shall be requested no later
than thirty (30) days prior to the date of settlement of the proposed
refinancing or loan. The owner or prospective lender shall provide
any Information required by the director, Including, but not limited
to, an appraisal of the unit performed by a licensed Virginia real
estate appraiser and based on the sales prices of comparable
properties that have recently sold. Such appraisal shall be subject
to the approval of the director In addition, the owner or prospective
lender shall be charged a reasonable transaction fee to cover the
administrative expenses associated with processing the request;
(2) Repay Make any payments of Principal on the seft second
mortgage loan secured by the workforce houslnQ deed of trust until
the unit IS resold by the owner; or
(3) Refinance such unit with a loan haVing a total loan-to-value ratio
greater than the owner's proportional share of the Initial purchase
price. The loan-to-value ratio IS the ratio of the Principal amount of
the refinanclnQ loan to the fair market value of the unit to the
principal amount of the rofinanclng loan.
(b) The soft second workforce houslnQ deed of trust shall not be subordinated
to any other mortgage or encumbrance, except a valid purchase money first deed of
trust recorded 8lgalnst the property
COMMENT
The amendments to subdivision (a) (3) correct the definition of "Ioan-to-value ratio." The
other amendments are stylistic in nature.
13
I! I
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
DIVISION 3. RENTAL OF WORKFORCE HOUSING
Sec. 16-51. Eligibility requirements for renters of workforce housing units;
verification.
(a) In order to be deemed an eligible to rent a workforce housing unit, a
household shall meet the following critena:
(1) At least one adult, non-dependent member of the household
occuPYing the unit shall, at the time of application to the workforce
housing program, live or work full-time In the City of Virginia Beach,
or must have a bona fide offer of full-time employment within the
City of Virginia Beach commencing within three (3) months of the
time of application;
(2) No member of the household shall own or have a controlling
Interest In any other real property;
(3) The household's gross annual Income shall, at the time of
application, be between sixty (60) percent and ninety (90) percent
of area median Income, adjusted for household size; and
(4) The net worth of the household shall not exceed fifty (50) percent of
the total of rent payments for a period of twelve (12) months. The
following items shall not be Included In determining the net worth of
a household:
a. The present value of Insurance policies, retirement plans,
furniture or household goods; and
b. Any income-producing assets needed as a source of Income
to meet the minimum qualifying requirements for eligible
renter status.
(b) Before a household may enter Into a rental agreement for a workforce
hOUSing unit, the property owner or manager of the unit shall verify that such household
meets the foregOing eligibility requirements. All property owners or managers of
workforce hOUSing units for rent shall maintain a list of households it has screened and
determined to be eligible renters.
(c) Property owners or managers shall also maintain documentation on each
household currently occuPYing a workforce hOUSing unit for rent. At a minimUm, such
documentation shall Include:
14
615 (1) Verification of residency or work requirements for eligibility
616 purposes;
617
618 (2) Composition of the household; and
619
620 (3) Annual gross Income for the household and each of the household
621 members whose Income IS Included In determining eligibility
622
623 (d) Property owners or managers shall ensure that all persons liVing In a
624 workforce housllng rental unit are listed on the rental agreement. It shall be a condition
625 of the rental agreement for any such unit that the city may Inspect the records of the
626 property owner or manager to ensure compliance with eligibility requirements and may,
627 at reasonable times, enter any workforce housing rental unit to verify that it IS occupied
628 by an eligible renter
629
630 (e) Property owners or managers shall, upon renewal of a rental agreement,
631 but no less often than annually, verify that the occupants of a workforce housing unit for
632 rent continue to meet applicable eligibility standards.
633
634 (f) If a property owner or manager determines that a household occuPYing a
635 workforce housing unit for rent no longer meets applicable eligibility reqUirements, such
636 property owner or manager shall:
637
638 (1) ReqUire the household to vacate the unit upon the expiration of the
639 current rental agreement; or
640
641 (2) Allow the household to continue to occupy the unit upon expiration
642 of the current rental agreement at the market-based rental price and
643 make the next comparable market-based rental unit available to an
644 eligible renter at a rental price deemed affordable under the
645 standards prescribed In thiS article.
646
647 The household shall be removed from the list of eligible renters and shall not
648 thereafter be eligible to rent a workforce hOUSing unit for such period of time as
649 applicable the household meets applicable eligibility requirements.
650
651 COMMENT
652
653 This section is shown for reference purposes only.
654
655 Sec. 16-52. Rental property compliance agreement.
656
657 (a) A property owner deSIring to rent property under the workforce hOUSing
658 program shall Emter Into a compliance agreement with the city The terms of such
659 agreement shall be prescribed by the city and shall set forth the terms and conditions of
660 the owner's participation In the workforce hOUSing program, Including, but not limited to,
15
Ii!
661
662
663
664
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
occupancy and rent requirements, Including maximum rents, means of preserving the
long-term affordability of workforce housing rental units, and such other terms and
conditions as are, In the Judgment of the director, reasonable and necessary to ensure
compliance with applicable provIsions of this article and the goals of the workforce
housing program. All workforce housing rental units shall be rented In conformity with
the Income and rent limitations specified In the compliance agreement for a penod of
not less than fifty (50) years.
(b) Property owners or managers shall, upon request of the director, provide a
copy of their most current tenant selection policy or critena.
(c) Any matenal failure to comply with the terms of an compliance agreement
shall subject the owner to a liqUidated damages penalty In the amount of fifty dollars
($50.00) per unit for each day such noncompliance continues, unless the director
waives such penalty, In whole or In part, based upon hIs determination that the owner
has taken timely corrective action to cure such noncompliance. LiqUidated damages
collected by the city shall be deposited Into the second mortg3ge workforce houslnQ
revolving fund.
COMMENT
This amendment to this section is stylistic in nature and has no substantive effect.
Sec. 16-53. Rental procedures.
(a) Workforce housing units shall be rented only to households who meet the
eligibility standards set forth In section 16-51
(b) A developer building workforce housing units for rental purposes shall
notify the director no later than forty-five (45) days pnor to the units being ready for
Initial occupancy In the notification the developer shall supply the follOWing Information:
(1) The name of the development and its location;
(2) Number of units by type of unit;
(3) The sIze of units In square feet;
(4) The number of bedrooms and bathrooms In each unit;
(5) The market rental rates of each unit:
(6) The actual rates at which such units will be rented as workforce
housing units; and
(7) Contact Information for Interested households.
16
707
708 In addition, the owner or manager of a workforce housing rental unit shall notify
709 the director within three (3) working days of such unit becoming available for rent. The
710 city shall malntalln on its web site a comprehensive listing of all properties with available
711 workforce housing units for rent.
712
713 (c) Any household deslnng to rent a workforce housing rental unit shall submit
714 to the property manager or manager an application for determination of its eligibility to
715 rent a workforce housing unit. Such application shall contain such Information
716 concerning the residency, employment, gross Income and net worth for each member of
717. the household as may be necessary to determine the eligibility of such household. The
718 property owner or his designee shall determine the eligibility of the household and shall
719 promptly notify the director of its determination.
720
721 (d) A household that meets all of the eligibility reqUirements set forth In
722 section 16-51 shall be deemed an eligible renter and shall be placed on a waiting list for
723 a workforce housing rental unit at the development at which the household has made
724 application for a rental unit. At such time as a workforce housing rental unit becomes
725 available at the development, the property owner or manager shall so notify the eligible
726 renters on its waiting list, if any The property owner or manager may review all tenant
727 applications and make tenant selections based on any lawful tenant selection policy
728
729 (e) The city shall make available to the general public Information concerning
730 the location of workforce housing rental units and such other Information as may assist
731 prospective renters In seeking available workforce housing rental units.
732
733 COMMENT
734
735 This section is shown for reference purposes only.
736
737 DIVISION 4. ADDITIONAL PROVISIONS
738
739 Sec. 16-54. WClrkforce housing advisory board established; membership; duties.
740
741 (a) Established. The workforce housing advIsory board IS hereby
742 established.
743
744 (b) Term. There shall be at least ten (10) members of the board, who shall be
745 appointed by the city council for terms of four (4) years; provided, however, that the
746 Initial terms of two (2) members shall be one (1) year, the Initial terms of three (3)
747 members shall be two (2) years, and the Initial terms of three (3) members shall be
748 three (3) years.
749
750 (c) ME~mbershlp. Two (2) members, both of whom shall have extensive
751 experience In practice In the City of Virginia Beach, shall be either land planners or Civil
752 engineers or architects licensed by the Virginia Board for Architects, ProfeSSional
17
I I
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
Engineers, Land Surveyors, Certified Intenor Designers and Landscape Architects; one
(1) member shall be a real estate salesperson or broker licensed by the Virginia Real
Estate Board; one (1) member shall be a representative of a lending Institution that
finances reSidential development In the City of Virginia Beach; one (1) member shall be
a member of the city council; one (1) member shall be a builder with extensive
expenence In the construction of single-family detached and attached dwelling units;
one (1) member shall be builder with extensive expenence In the construction of
multiple-family dwelling units; one (1) member shall be a current employee of the
department of public works or department of planning; one (1) member shall be a
representative of a nonprofit hOUSing organization which provides services In the City of
Virginia Beach; and the remaining members shall be citizens of the city
(d) Duties. It shall be the duty of the board to:
(1) Make recommendations to the city council concerning the sales
and rental pnces of workforce hOUSing units. Such pnces shall be
based on the area median Income, as defined In section 16-44, and
shall be adjusted semi-annually;
(2) AdVise the city council on all aspects of the city's workforce hOUSing
program, Including recommendations for modifications of the
requirements of the program; and
(3) Report annually to the city council on the production of workforce
hOUSing units, participation In the workforce hOUSing program, and
achievement of program goals.
COMMENT
This section is shown for reference purposes only.
Sec. 16-55. Director ami designated agent to establish written rules and
guidelines; legal instruments.
(a) The director and deSignated agent of the city shall establish written rules
and gUIdelines supplementing, and In conformity with, the provISions of thiS article. Such
rules and gUidelines shall prOVide for, among other things, allocation of responsibilities,
shanng of Information, coordination of activities and procedural protocols for
admlnlstenng the workforce hOUSing program. Such rules and gUidelines shall be
subject to the approval of the city council.
(b) Arty All legal Instrument~ used In connection with the purchase, sale or
rental of a workforce hOUSing unit shall contain adequate prOVISions to ensure the
eligible buyer's or eligible renter's compliance with the applicable proVISions of thiS
article. Such proVISions shall be approved by the city attorney
18
799 COMMENT
800
801 The amendments to subsection (a) delete a reference to the "designated agent" or the City,
802 as the Department of Housing and Neighborhood Preservation will administer the program
803 directly. The amendments to subsection (b) are stylistic only.
804
805 Sec. 16-56. Violations.
806
807 (a) The follOWing tables list certain violations of the Workforce Housing
808 ("WFH") Program requirements and the penalties for their violation. Where more than
809 one penalty IS prescribed, they shall be deemed cumulative, such that any or all
810 applicable penalties may be Imposed:
811
812 Table 1 (sale/ownership of workforce housing units):
813
814
Program Violation Penalties
Falsification of eliglibility requirements Permanent Ineliaibilitv for the WFH Proaram.
Must sell WFH unit to the citv
Immediate payment of the city's share of net
appreciation on the WFH unit at resale.
Immediate repayment of the 89ft second
mortQage.
Failure to occupy WFH unit as primary Immediately reoccupy WFH Unit.
reSidence or to proVide the certification If unable to reoccupy unit, the follOWing
reaUlred bv Section 16-46,1(b) penalties apply'
1 Permanent Ineligibility for the WFH
Program.
2. Owner must sell WFH Unit to the city
3. Immediate payment of the city's share of
net appreciation on the WFH unit at resale.
4, Immediate repayment of the 89ft second
mortQage.
Failure to comply with all city Immediate correction of code violation.
regulations for property maintenance If unable to correct code violations In prescribed
time period, the follOWing penalties apply'
1 Permanent loss of eligibility for the WFH
Program.
2. Must sell WFH unit to the city
3. Immediate payment of the city's share of
net appreciation on the WFH unit at resale.
4. Immediate repayment of 89ft second
mortaaQe,
Failure to comply with refinancing and Permanent Ineliaibilitv for the WFH ProQram.
home equity loan requirements of WFH Owner must sell WFH unit to the city
19
I I I
End-user enters Into a lease-to-
purchase agreement for the WFH unit
Immediate payment of the city's share of net
ap reclation on the WFH unit at resale.
Immediate repa ment of 69ft second mort a e.
Immediate payment of the city's share of net
a preclation on the WFH unit at resale,
Immediate re a ment of 69ft second mort a e.
Further legal action as deemed appropnate by
the cit
Owner must sell WFH unit to the cit
Immediate payment of the city's share of net
a reclation on the WFH unit at resale.
Immediate repa ment of 69ft second mort a e.
Program
Failure to offer the city first nght to
purchase when deslnng to sell WFH
unit
815
816
817 .Table 2 (rentals of workforce housing units):
818
819
Program Violation Penalties
Falsification of eligibility reqUirements Permanent loss of eligibility for the WFH
such as Income, residency, employment ProQram.
or persons who will be occuPYing the Must move from the units within 60 days from
unit, etc. date of written notice of being In violation of
prOQram
Must pay market rate rent on the unit until the
unit IS vacated
Failure to occupy WFH Unit as pnmary Immediatelv reoccupy WFH Unit.
resIdence If unable to reoccupy unit, the follOWing
penalties applv'
1 Permanent loss of eligibility for the WFH
ProQram,
2. Must move from the unit within 60 days.
3. ReqUired to pay market rate rent on unit
after receiving notice of violation until unit IS
vacated
Failure to list all persons liVing In the 1 Permanent loss of eligibility for the WFH
household on lease; allOWing person or Proaram.
persons not listed on lease to move In
after lease IS signed 2. Must move from the WFH Unit
820 (b) In the event the director determines that there IS reasonable cause to
821 believe that a violation has occurred, he shall so notify the eligible buyer or eligible
822 renter who has allegedly committed the violation. Such notice shall be by certified mail
823 to the last know address of the eligible buyer or eligible renter and shall specify the
824 nature of the alleged violation and the facts supporting the director's determination. The
825 eligible buyer or renter shall have ten (10) days from the date of mailing of the notice In
826 which to request a hearing before the city manager or hiS deSignee, who shall not be
827 the director
828
20
829 (c) The city manager or his designee shall hold the heanng on the earliest
830 practicable date but In no event later than fifteen (15) days from the date the request for
831 a heanng IS received. Both the director and the alleged violator shall be entitled to
832 present witnesses and other eVidence In hiS or her behalf.
833
834 (d) Tile city manager or hiS deSignee shall Issue a written decIsion within five
835 (5) working days of the heanng, and shall mail such decIsion to the eligible buyer or
836 eligible renter by certified mail no later then the following working day Such decIsion
837 shall contain a finding that the eligible buyer or eligible renter has committed the alleged
838 violations, or any of them, or that no violations have been committed. In the event he
839 finds that one of more of the alleged violations have been committed by the eligible
840 buyer or eligiblE~ renter, the penalty or penalties prescribed In the chart In subsection (a)
841 shall apply
842
843 (e) An adverse deCISion may be appealed to the Circuit court by an eligible
844 buyer or eligible renter within fifteen (15) days of the date of the decIsion. No such
845 appeal shall stay the Imposition of any penalty except by order of the Circuit court In an
846 appropnate case.
847
848 COMMENT
849
850 The amendments include failure to certify compliance with the occupancy requirements of
851 the ordinance as a violation subject to penalties. The other amendments conform the language in
852 the tables to the r,emainder of the ordinance by deleting references to the "soft" second mortgage.
853
854 Sec. 16-57. Aplplication, etc. fees.
855
856 The city shall charge a reasonable application fee and such other ordinary and
857 customary fees In the real estate Industry as are reasonable and necessary to cover the
858 costs of the service for which the fee IS charged. The amount of such fees shall be
859 determined by the city council upon recommendation of the workforce hOUSing adVISory
860 board.
861
862 COMMENT
863
864 This section is shown for reference purposes only.
865
866 Sec. 16-58. Severability.
867
868 The provISions of thiS article are severable, and In the event one or more such
869 provIsions are determined Invalid or unenforceable by a court of competent Junsdiction,
870 the remaining provISions of thiS article shall be unaffected by such determination and
871 shall continue In full force and effect.
872
21
I I I
873
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
COMMENT
This section is shown for reference purposes only.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the _
day of , 2008.
Appro ed as to Content:
I
CA-10869
October 2,2008
R-3
Approved as to Legal Sufficlen .
City Attorney's Office
22
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE TO ESTABLISH A WORKFORCE
HOUSING REVOLVING SPECIAL REVENUE FUND
BE IT ORDAINED BY THE COUNCil OF THE CITY OF VIRGINIA BEACH,
VIRGINIA.
That the Workforce Housing Revolving Special Revenue Fund IS hereby
established In the FY 2008-09 Department of Housing and Neighborhood Preservation
Operating Budget to Increase affordable housing In the City
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day
of
APPROVED AS TO CONTENT
APPROVED AS TO lEGAL
SUFFICIENCY
~~~NI~
Ci~~iflJ ~
CA 10895
R-1
October 15, 2008
1 A RESOLUTION APPROVING PROGRAM
2 DOCUMENTS FOR THE WORKFORCE HOUSING
3 PROGRAM AND PROVIDING FOR THE EXECUTION
4 OF LEGAL INSTRUMENTS IN WORKFORCE
5 HOUSING TRANSACTIONS
6
7 WHEREAS, the City Council previously established the Workforce Housing
8 Program by adoption of Article 21 of the City ZOning Ordinance and Article VIII of
9 Chapter 16 of the City Code for the purposes of providing diverse, high-quality and
10 affordable housing In desirable neighborhoods and broadening housing
11 opportunities, increasing residents' access to nearby employment and providing a
12 better land use arrangement to accommodate alternative, cost-effective
13 transportation systems; and
14
15 WHEREAS, the City Attorney has prepared documents (the "Program
16 Documents") to be used In Implementing the Workforce Housing Program; and
17
18 WHEREAS, the Program Documents have been presented to and reviewed
19 by the City Council;
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA.
23
24 That the City Council hereby approves, for use In the Workforce Housing
25 Program, the Program Documents, subject to such amendments or alterations as
26 the City Manager and the City Attorney may, from time to time, deem necessary or
27 appropnate.
28
29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA.
31
32 That the City Manager IS hereby authonzed to execute, or to designate the
33 Director of the Department of Housing and Neighborhood Preservation to execute,
34 on behalf of the City, such legal Instruments used In connection with the purchase,
35 sale or rental of workforce housing as have been approved by the City Attorney
36
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of , 2008.
APPROVED AS TO CONTENT
~
, ,
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney's Office
CA 10884 I October 3, 2008 I R-1
L. APPOINTMENTS
BEACHES AND W A TERW A YS
COMMUNITY SERVICES BOARD
HISTORIC PRESERVATION COMMISSION
PARKS AND RECREA nON COMMISSION
REVIEW AND ALLOCATION COMMITTEE (COG)
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
TIDEWATER REGIONAL GROUP HOME COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WORKFORCE HOUSING COMMITTEE (VBCDC)
M. UNFINISHED BUSINESS
I I
N. NEW BUSINESS
o ADJOURNMENT
Citv Council Sessions for November and December 2008
November 4
November 11
November 18
November 25
December 2
December 9
Election Day - No Sessions
Veteran's Day - No Sessions
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
Comprehensive Plan
Open Houses
October 23,2008
7:00 - 9:00 PM
Bayslde Recreation Center
DIstrIct #4 Bayslde
DIstrIct #5 - Lynnhaven
October 27, 2008
7:00 - 9:00 PM
Cox High School
DIstrIct #5 - Lynnhaven
*********
If you are physically disabled or visually impaired
and need assIstance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
1O/28/08/st
www.vbgov.com
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
I BRIEFING:
A. RESORT AREA STRATEGIC PLAN Stephen Herbert.
Deputy City
Manager
II1nUIV /
V-E CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
SESSION
F MINUTES
October 7, 2008 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
G-ADD Res to RECOGNIZE JT W ALK/ ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y
ON OBSERVE 10/19/2008 as "JOSH
THOMPSON DAY"
H MAYOR'S PRESENTATION:
JOSH THOMPSON DAY - 10/9/2008
I PUBLIC COMMENT. NO SPEAKERS
WORKFORCE HOUSING ADVISORY
BOARD
J/K-I Res to AUTHORIZE ISSuance of Bonds to ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
be sold to VirglDla Public School BY CONSENT
Authority [Deferred October 7]
2 Ord to AMEND ~ 2-20 of City Code re ADOPTED. 11-0 Y Y Y Y Y Y Y Y Y Y Y
tIme/place of regular City Council meetings BY CONSENT
3 Ord to ESTABLISH CIP project! ADOPTED. 11-0 Y Y Y Y Y Y Y Y Y Y Y
TRANSFER funds re Town Center BY CONSENT
PedestrIan Safety Improvements
4a Ord to ACCEPT/APPROPRIATE ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
V irgmla Settlement Foundation grant to BY CONSENT
ParksIRec FY 2008-09 Operating Budget re
prevention of tobacco use by underage
persons
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N 0
4b Ord to ACCEPT/APPROPRIATE US ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
Department of Justice grant to Police! BY CONSENT
SherifflDomestic Relations Court re public
safety/cnmmal processmg
5 Ord to APPROPRIATE funds re mterest- ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y
free loan to Kempsvilk Volunteer Rescue BY CONSENT
Squad for a replacement ambulance
[Deferred October 7]
ADD ON Res to RECOGNIZE IT W ALKI ADOPTED. 11-0 Y Y Y Y Y Y Y Y Y Y Y
OBSERVE 10/19/2008 as "JOSH BY CONSENT
THOMPSON DAY"
L-I Ord to AUTHORIZE 6 month extensIOn APPROVED. 11-0 Y Y Y Y Y Y Y Y Y Y Y
to satisfy conditions m c10smg Grlmstead BY CONSENT
Road. south of Back Bay Landing Rd for
Joseph W. Freeman, .Jr.
DISTRICT 7 - PRINCESS ANNE
2a Vanance to SubdiVISion Ord. of CZO for APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
CMSS ARCHITECTS, PC. re smgle- CONDITIONED.
family reSidences at 4949 Lookout Rd BY CONSENT
DISTRICT 4 - BA YSmE
2b Vanance to SubdiVIsion Ord. of CZO for APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
TONYIHELEN FLEMING re eXlstmg CONDITIONED,
smgle-family reSidence at 3373 Head River BY CONSENT
Rd DISTRICT 7 - PRINCESS ANNE
4 BRENDA BRIGGS l'ia KINGDOM APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
KIDS DA YCARE QJP re daycare CONDITIONED.
facility at 700 Sullivan eir BY CONSENT
DISTRICT 4 - BA YSUJE
5 NEW CINGULAR WIRELESS, tla APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
AT&T CUP / MODIFICATION of CONDITIONED/
Timberlake Land Use Plan re
communication tower [approved on May MODIFIED,
24. 1994] at 4293 Holland Rd BY CONSENT
DISTRICT 2 - KEMPSVILLE
6 1250 CENTERVILLK, L.L.C., at 2120 DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
CenterviIle Tmpk: INDEFINITELY.
DISTRICT I - CENTERVILLE BY CONSENT
a, CoZ from B-2 to Condittonal
A-24 re townhouse-,tyle multi-
family dwelling unitS
b, CUP re fuel sales/convemence
store
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
M. BOARD OF BUILDING CODE
APPEALS
Thomas H. Atherton. III REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Ruth W Bell Two year term
C. Gregory Johnson 01/01/2009 -
JimmIe A. Koch 12131/2010
Morton H. Savell
Gary Smith - Master ElectrICIan
Michael G. Swmdell- Master ElectrICIan
James S. Witcher - Master ElectriCian
William M. Davenport - Surveyor
Chns Ettel- General Contractor
Richard C. Hudson. III
Mark Ricketts - LIcensed Engmeer
Kenneth Rodman. Jr. - Prof Engmeer
Rick Savmo
Robert L. Yoder - Licensed ArchItect
TraVIS ChIck
Richard S. Corner - LIcensed Architect
Donald D. Jones. Sr. - Master Plumber
Peter C. Striffler - LIcensed Engmeer
James D. Wells - Building Contractor
CHESAPEAKE BAY PRESERVATION
AREA BOARD
Brad Martin APPOINTED
Three year term 11-0 Y Y Y Y Y Y Y Y Y Y Y
01/01/2009 -
12131/2011
Jeanne S. Evans REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y y y
Wayne Douglas McCoy Three year term
Stephen McNulty 01/0112009 -
Paul R. Schnudt 12131/2011
Joseph 1. Thomas
COMMUNITY POLICY and
MANAGEMENT TEAM - CSA
MarIanne Dyson - Parent REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Two year term
01/0 1/2009 -
12131/20 I 0
COMMUNITY SERVICES BOARD - CSB
Mary A. Almaguer - Family REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Jennifer S, Anders - Family Three year term
Debra Dear 01/01/2009 -
Irvm W Kmght, Sr. 12131/2011
Melva E. Martin
Donna Moms
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
EASTERN VIRGINIA HEALTH
SERVICES AGENCY
Dr. MirIam M. Villascl:ca REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Four year term
01/01/2009 -
12/31/20 I 2
HISTORIC REVIEW BOARD
Sheila Pnce Bralthwait,~ APPOINTED
Two year term 11-0 Y Y Y Y Y Y Y Y Y Y Y
11/0112009 -
10/31/2011
MaIJone B. Smallie REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Two year term
11/0112009 -
10/3112011
MINORITY BUSINESS COUNCIL
Ferdie Perez APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Unexpired term
thru 05/31/2009
plus th ree yea rs
06/01/2008-
05/31/2010
RESORT ADVISORY COMMISSION -
RAC
Bill Blue REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Thomas Brown Three year term
Joshua Thompson 01/0112009 -
12/3112011
William Almond REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
John F MallKm One year term
01/01/2009-
12/3I/2009
VIRGINIA BEACH COMMUNITY
DEVELOPMENT CORPORA nON -
VBCDC
Gregory M. Dragas REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Carol N. Harr Four year term
01/01/2009 -
12/31/2012
CITY OF VIRGINIA BEACH
SUMMARYOFCOUNCUACrrONS
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ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
VIRGINIA BEACH TOWING
ADVISORY BOARD
loUIe Ochave - Citizen REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Three year term
06/0 1/2008 -
05/31/20 I I
APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S
HISTORIC PRESERVATION
COMMISSION
PARKS and RECREATION
COMMISSION
REVIEW AND ALLOCATION
COMMITIEE - COG
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY - SPSA
TIDEWATER REGIONAL GROUP
HOME COMMISSION
WORKFORCE HOUSING
ADVISORY COMMITIEE
N/OIP ADJOURNMENT 6:45 PM
City Council Sessions for November and December 2008
November 4
November 11
November 18
November 25
Election Day - No Sessions
Veteran's Day - No Sessions
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
December 2
December 9
Briefing, Informal, Formal, including Planning
Briefing, Informal, Formal, including Planning
Comprehensive Plan
Open Houses
October 16, 2008 AssociatIon for Research & DistrIct #5 - Lynnhaven
7:00 - 9:00 PM Enlightenment DistrIct #6 - Beach
October 20, 2008 PrIncess Anne High School DistrIct #4 Bayslde
7:00 - 9:00 PM DistrIct #5 - Lynnhaven
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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DATE: October 14. ZOO8 M B L
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PAGE: 6 S I E J L N U N I
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ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
October 23,2008 BaysIde RecreatIOn Center DIstnct #4 BaysIde
7:00 - 9:00 PM Distnct #5 - Lynnhaven
October 27, 2008 Cox High School DIstnct #5 - Lynnhaven
7:00 - 9:00 PM