The URL can be used to link to this page

Home My WebLink AboutJANUARY 13, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILliAM D. SESSOMS .JR., At-Large VICE MAYOR WUlS R. JONES. Bayside - District 4 GLENN R. DAVIS. Rose Hall- District 3 WILliAM R. DeSTEPH. At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M DYER.. Centerville - District I BARBARA M. HENLEY. Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A. VIUANUEV A. At-Large ROSEMARY WILSON. At-Large JAMES L. WOOD. Lynnhaven -District 5 CITY COUNCIL AGENDA 13 JANUARY 2009 CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESliE L. UlLEY CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR - LYNDON S. REM1AS CITY CLERK - RUTH HODGES FRASER. MMC I. CITY MANAGER'S BRIEFINGS - Conference Room - A. PERMITS and INSPECTIONS LEGACY SYSTEM MIGRATION Jack Whitney, Director - Planning Gwen Cowart, Director - ComIT B. FY2010 BUDGET - Cost Comparisons - Other Cities (Background, Information on Revenues and Costs) Catheryn Whitesell, Director - Management Services II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION Ii CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@lIbgov.com 2:00 PM 4:00 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend E. Ray Cox, Sr. Pastor, New Hope 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 SESSION 2. SPECIAL FORMAL SESSION December 9, 2008 January 5, 2009 G. FORMAL SESSION AGENDA H. PUBLIC BID OPENING 1. LEASE OF CITY PROPERTY - 3425 Clubhouse Drive Cell Towers at Bow Creek Neighborhood Park I. PUBLIC HEARINGS 1. CODE AMENDMENT - Sanitary Sewer Collection Fees 2. SALE OF EXCESS CITY PROPERTY - 120 Lavergne Lane 3. FRANCHISE LEASE OF CITY OWED PROPERTY - Open Air Cafe II Giardino Ristorante - 910 Atlantic Avenue 4. LEASE OF CITY OWNED PROPERTY - 24th and Atlantic Avenue Virginia Beach Maritime Museum, Inc. 1. PUBLIC COMMENT 1. NORTHAMPTON CORRIDOR STRATEGIC GROWTH AREA: Burton Station K. CITY COUNCIL BRIEFING 1. HEALTH SERVICES ADVISORY BOARD Infant Mortality in Virginia Beach Dr. Glen Snyders, Chair, L. CONSENT AGENDA M. ORDINANCESIRESOLUTION 1. Ordinance to AMEND City Code Section 28-4 re Sanitary Sewer Collection Fees 2. Ordinance to AUTHORIZE Town Center, Phase IV; TRANSFER airspace over the City's right-of-way for Market Street; and, Virginia Beach Development Authority (VBDA) to EXECUTE the documents DISTRICT 4 - BA YSIDE 3. Ordinance to AUTHORIZE the City Manager to execute a five-year (5) lease of City- owned property with The VIRGINIA BEACH MARITIME MUSEUM, INC. (Old Coast Guard Station at 24th and Atlantic Avenue) DISTRICT 6 - BEACH 4. Ordinance to DECLARE EXCESS property at 120 Lavergne Lane and AUTHORIZE its sale to Robert and Juanita Gordon for $9,090 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property for PATRICIA G. and BARRY D. KOVAL to maintain their existing house, shed, wooden fence and walkway, at 210 76th Street DISTRICT 6 - BEACH 6. Ordinance to GRANT two temporary Open Air Cafe FRANcmSES at 910 Atlantic Avenue to THEME RESTAURANTS, INC. tJa II Giardino Restorante DISTRICT 6- BEACH 7. Ordinances to ACCEPT and APPROPRIATE: a. $8,139,100 for COPS Interoperable Communications Technology Grant - Phase II b. $126,539 re Oyster Heritage project to construct Oyster Reefs in the Lynnhaven River watershed 8. Resolution to EXPRESS support of Autism treatments and therapies in Virginia and calling upon Virginia Legislators to mandate insurance coverage for this disorder N. PLANNING 1. Application of HOWARD R. TABOR for a Modification of Condition No 3 and ADD others (approved by Council on May 25, 1999) re the addition of an LED monument-style sign at 300 South Rosemont Road, DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 2. Application of O'DOHERTY ENTERPRISES for a Conditional Use Permit re a home occupation ("car trunks", hope and blanket chest construction) at 345 Jacqueline Avenue. DISTRICT 4 - BA YSIDE RECOMMENDA nON: APPROVAL 3. Application ofFRANKEE LOVE for a Conditional Use Permit re a Wedding Chapel in a retail center at 2973 Shore Drive. DISTRICT 5 - L YNNHA VEN RECOMMENDATION: APPROVAL O. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION COMMUNITY SERVICES BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION P. UNFINISHED BUSINESS Q. NEW BUSINESS 1. ABSTRACT OF VOTES - Special Election - Member, House of Delegates, January 6,2009 R. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** II II II .11 I Effective January 1, 2009: Virginia Beach City Council will hold Informal and Formal Sessions on the Second and Fourth Tuesdays of each month. Workshops will be scheduled for the First and Third Tuesdays of each month per action taken November 18, 2008. HOWEVER, THE MEETING OF FEBRUARY 10, 2009 WILL BE HELD FEBRUARY 3, 2009, TO ALLOW CITY COUNCIL'S MID-YEAR RETREAT ******************* CITY COUNCIL DISCUSSION - BUDGET PROCESS JANUARY 20TH 12:00 - 5:00 pm ECONOMIC DEVELOPMENT CONFERENCE ROOM ****************** CITY COUNCIL MID-YEAR RETREAT FEBRUARY 9TH AND 10TH 8:30 - 5:00 PM ECONOMIC DEVELOPMENT CONFERENCE ROOM ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 1/13/098t www.vbeov.com ,II I. CITY MANAGER'S BRIEFINGS - Conference Room - 2:00 PM A. PERMITS and INSPECTIONS LEGACY SYSTEM MIGRATION Jack Whitney, Director - Planning Gwen Cowart, Director - ComIT B. FY2010 BUDGET - Cost Comparisons - Other Cities (Background, Information on Revenues and Costs) Cathel)'n Whitesell, Director - Management Services II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW II till 1'1 V. INFORMAL SESSION - Conference Room- A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:00 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend E. Ray Cox, Sr. Pastor, New Hope 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 SESSION 2. SPECIAL FORMAL SESSION December 9, 2008 January 5,2009 G. FORMAL SESSION AGENDA II H. PUBLIC BID OPENING 1. LEASE OF CITY PROPERTY - 3425 Clubhouse Drive Cell Towers at Bow Creek Neighborhood Park I. PUBLIC HEARINGS 1. CODE AMENDMENT - Sanitary Sewer Collection Fees 2. SALE OF EXCESS CITY PROPERTY - 120 Lavergne Lane 3. FRANCHISE LEASE OF CITY OWED PROPERTY - Open Air Cafe II Giardino Ristorante - 910 Atlantic Avenue 4. LEASE OF CITY OWNED PROPERTY - 24th and Atlantic Avenue Virginia Beach Maritime Museu~, Inc. J. PUBLIC COMMENT 1. NORTHAMPTON CORRIDOR STRATEGIC GROWTH AREA: Burton Station ~664174. ._-~ Date 112/12/2008 Notice is hereby given pursuant to an ordinance approved by the City Council on December 9, 2008, that bids shall be received for a lease of a portion of City property located at 3425 Clubhouse Road (Bow Creek Neighborhood Park), in the Rose Hall District, for the purpose of constructing, maintaining and operating wireless telecommunications facilities, Including but not limited to antennas, connecting cables and appurtenances and for the construction, maintenance and operation of an accessory building housing equipment to be used in conjunction with the aforesaid facilities. Bids shall be received by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chamber, City Hall Building, Municipal Center, Virginia Beach, Virginia, on January 13, at 6:00 p.m. After receiving and opening of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter to a subsequent meeting. All bids must be In writing. The right to reject any and all bids is hereby expressly reserved. A descriptive notice of the ordinance awarding the lease is in the following words: AN ORDINANCE TO AWARD A LEASE OF A PORTION OF THE CITY PROPERTY LOCA TED AT .3425 CLUBHOUSE ROAD (BOW CREEK NEIGHBORHOOD PARK), IN THE ROSE HALL DISTRICT, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES A copy of the proposed ordinance, including the lease awarded thereby, is on file and available for inspection during normal business hours in the office of the City Clerk. Ruth Hodges Fraser, MMC City Clerk Beacon Dec. 21 & 28,2008 19664174 Ad shown is not actual print size Time l11 :07 AM____.J III III II I NOTICE OF PUBLIC HEARING On January 13, 2009, at 6:00 p.m., in the City Council Chamber, Building One, 2401 Courthouse Drive, Virginia beach. Virginia, the Virginia Beach City Council will hold a Public Hearing concerning a proposed ordinance entitled " AN ORDINANCE TO AMEND CITY CODE SECTION 28-4, PERTAINING TO SANITARY SEWER COLLECTION FEES., The proposed ordinance would require the payment of the certain fees for sanitary sewer connections to property that discharges through any publicly-owned sewer pump station. The current ordinance requires that such fees be paid only if the subject property discharges to a pump station owned by the City of Virginia Beach. The pm posed fees, which are identical to those currently charged for properties that discharge through a City-owned pump station, are as follows: from July 1, 2008 to June 30, 2009, Seven Hundred Fifty Six Dollar!': ($756.00) per gallon per minute/peak flow, and One Thousand One Hundred Eighty Seven Dollars ! $1,187.00) effective July 1, 2009 per gallon per minute/peak flow. The authority for the proposed fee is containeo In Virginia Code Sections 15.2-2119 and 15,2-2122. The complete ordinance and information concerning the documentation for the proposed fee are available for examination by the general public at the Department of Public Utilities, Room Building 2, Municipal Center 2405 Courthouse Drive, Virginia Beach Virginia. Ruth Hodges Fraser, MMC City Clerk VP Dec. 28 & Jan. 4, 2008 10669986 19694315 Date 112/2~/2008 _____J Time ~ 1 :39 A~____..__J The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of city property, Tuesday, January 13, 2009, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is located at 120 Lavergne Lane (GPIN 2407-64-8791). The purpose of this Hearing will be to obtain public input to determine whether this property should be declared nExcessof the City's needs n . If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call 1-800-828-U20 (Virginia Relay -Telephone Device for the Dean. Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon Jan. 4, 2008 19694315 Ad shown is not actual print size III III II I Date ~ /02/2009 I ..__..........J Time 19:25 AM _..1 ~ ..... ... I Ad 10 1~~~~55 _________________.-1 y The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on January 13, 2009 in the City Council Chamber regarding two proposed open air cafe Franchise Lease Agreements of City-owned property located at 910 Atlantic Avenue to Theme Restaurants, Inc. Va II Giardino Ristorante. The purpose of the Hearing will be to obtain public comment on the proposed lease of City property. Copies of the Franchise Lease Agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchises should be directed to Mike Eason, Virginia Beach Convention and Visitor's Bureau, by calling (757) 385-6639. Ruth Hodges Fraser, M MC City Clerk VP January 4, 2009 19723755 Ad shown is not actual print size 19717806 Date 1l2/30/20q8 ____.__-1 Time 1!~7 _p~__... PUBLIC HEARING LEASE OF .275 ACRES OF CITY OWNED PROPERTY WITH IMPROVEMENTS LOCATED AT 24TH STREET AND ATLANTIC AVENUE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on January 13, 2009 in the City Council Chamber regarding the proposed leasing of .275 acres of City owned property and the improvements located thereon, at 24th Street and Atlantic Avenue. The purpose of the Hearing will be to obtain pUblic comment on the City's proposal to lease .275 acres of City owned property and the improvements located thereon to Virginia Beach Maritime Museum, Inc. The City CounCil Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning this matter should be directed to Mark Reed at the Department of Museums, telephone number (757) 385-5104. Ruth Hodges Fraser, MMC City Clerk Beacon Jan. 4 & 11,2009 19717806 Ad shown is not actual print size 'I K. CITY COUNCIL BRIEFING 1. HEALTH SERVICES ADVISORY BOARD Infant Mortality in Virginia Beach Dr. Glen Snyders, Chair, L. CONSENT AGENDA M. ORDINANCESIRESOLUTION 1. Ordinance to AMEND City Code Section 28-4 re Sanitary Sewer Collection Fees 2. Ordinance to AUTHORIZE Town Center, Phase IV; TRANSFER airspace over the City's right-of-way for Market Street; and, Virginia Beach Development Authority (VBDA) to EXECUTE the documents DISTRICT 4 - BA YSIDE 3. Ordinance to AUTHORIZE the City Manager to execute a five-year (5) lease of City- owned property with The VIRGINIA BEACH MARITIME MUSEUM, INC. (Old Coast Guard Station at 24th and Atlantic Avenue) DISTRICT 6 - BEACH 4. Ordinance to DECLARE EXCESS property at 120 Lavergne Lane and AUTHORIZE its sale to Robert and Juanita Gordon for $9,090 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property for PATRICIA G. and BARRY D. KOVAL to maintain their existing house, shed, wooden fence and walkway, at 210 76th Street DISTRICT 6 - BEACH 6. Ordinance to GRANT two temporary Open Air Cafe FRANCHISES at 910 Atlantic Avenue to THEME RESTAURANTS, INC. tJa II Giardino Restorante DISTRICT 6- BEACH 7. Ordinances to ACCEPT and APPROPRIATE: a. $8,139,100 for COPS Interoperable Communications Technology Grant - Phase II b. $126,539 re Oyster Heritage project to construct Oyster Reefs in the Lynnhaven River watershed 8. Resolution to EXPRESS support of Autism treatments and therapies in Virginia and calling upon Virginia Legislators to mandate insurance coverage for this disorder il i Ii II I ~'\l1A._8~~ ~~~7~ ~ ,co '~~~" If. "..... .. ........ \'oz.' ~5 ;'1' . i>~ ~\~ . tIJ ~.,~ ~~..... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 28-4 Pertaining to Sanitary Sewer Collection Fees MEETING DATE: January 13, 2009 . Background: The City Code requires developers to pay a capacity based fee if their development will discharge through a sanitary sewerage pumping station (SSPS) owned by the City. This fee is designed to recover the current and future capital investment needed to make such capacity available to customers connecting to the system. The City's goal is to construct SSPS facilities to ensure sufficient capacity is available for strategic growth areas of the City in accordance with the Comprehensive Plan. The one area affected by this code is the area served by the HRSD SSPS located on Arctic Avenue near 29th Street where significant redevelopment is anticipated over the next several years. It is recommended that the City Code be changed to require developers discharging to all public SSPSs, whether owned by the City or by HRSD, pay this capacity based fee. . Considerations: HRSD was established as a public entity by the State, all HRSD facilities, including sanitary lines, are part of the public sanitary sewer system. The City Code states that all customers connected to a public sanitary sewer system are required to pay the appropriate fees and charges. By this definition, all customers that connect to either City facilities or HRSD facilities are connecting to a public sanitary sewer and should therefore pay the appropriate fees and service charges. The City requires that all customers who connect to the public sanitary sewer system, regardless of the means by which the connection is made, pay the sanitary sewer connection fees and sanitary service charges as defined in Sections 928-4 and 928-26 of the City Code. The purpose of this change is to require all connections to the "public" SSPS pay the same fee. . Public Information: This Agenda Item is the subject of an advertised Public Hearing to be held on January 13, 2009. . Alternatives: a) Revise the City Code as recommended. b) Take no action. . Recommendations: Revise paragraph (d) under Section 28-4 as follows: (d) Whenever system installation costs are calculated pursuant to subsection (c) of this section, and the property to be served discharges through a publiclv owned pump station owned by the city. . Attachments: Code Revision Recommended Action: Revise City Code Submitting DeparbnentlAgency: Deparbnent of Public Utilities C? lYI>-<-<"""'- City Manager:~ k. ,~ III I! 1'1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDINANCE TO AMEND CITY CODE SECTION 28-4, PERTAINING TO SANITARY SEWER COLLECTION FEES Section Amended: City Code Section 28-4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 28-4 of the City Code is hereby amended and reordained to read as follows: Sec. 28-4. Sanitary sewer connection fees, generally. (a) The fees prescribed by the following subsections of this section shall be paid as the property owner's share of the cost of the sanitary sewer collection system and associated conveyance facilities. Such fees shall be known as "sanitary sewer connection fees." The fees shall be determined on the basis of the drainage fixture unit schedule as provided in the Uniform Statewide Building Code, as amended from time to time. Such fees shall also be applicable to a use or structure presently connected to the sanitary sewer system whenever such use of structure is expanded, changed or modified so as to result in an increase in drainage fixture units, and to a use or structure not presently connected to the sanitary sewer system when such use or structure connects. If a property owner has previously paid sanitary sewer impact fees but has not obtained a building permit, the property owner shall be charged the full amount of applicable sanitary sewer connection fees, less a credit of any sanitary sewer impact fees previously paid. (b) Where connection is made to the public sewer system, connection fees shall be fifty nine dollars ($59.00) per drainage fixture unit, as defined in the current edition of the Uniform Statewide Building Code or, where gravity sewer service is not available to the property, twenty-eight dollars ($28.00) per drainage fixture unit. (b1) Notwithstanding the provisions of subsection (b) hereof, where a use or structure connected to the sanitary sewer system is expanded or modified so as to result in an increase in drainage fixture units, and such addition or modification does not require site plan approval, connection fees shall be thirteen dollars ($13.00) per drainage fixture unit added. (c) Where the property owner must construct a sewer or sewers, which are to become a part of the public sewer system, to provide service to a specific parcel or parcels, as shall be shown on the approved construction plans, connection fees shall be thirteen dollars ($13.00) per drainage fixture unit. 46 47 (d) Whenever system installation costs are calculated pursuant to subsection (c) 48 of this section, and the property to be served discharges through a publiclv - owned 49 pump station owned by the city, then, in addition to the fees prescribed in subsection (c) 50 above, there shall also be charged a fee in the sum of seven hundred fifty six dollars 51 ($756.00) from July 1, 2008 to June 30, 2009, and one thousand one hundred eighty 52 seven dollars ($1,187.00) effective July 1, 2009 per gallon per minute/peak flow. "Peak 53 flow" shall be construed to mean the prevailing peak flow standards set forth by the 54 Virginia Department of Environmental Qualitv state health department or the actual 55 peak flow, whichever is greater. 56 57 (e) Special sewer connection fees for seasonally operated campgrounds 58 connected to any main or interceptor are hereby established. Such fees shall be 59 determined as follows: 60 61 (1) For campgrounds operated on a seasonal basis, each campsite or 62 recreational vehicle pad shall be deemed to contain one-half of the 63 number of drainage fixture units contained in a residential bathroom, as 64 established by the current edition of the Uniform Statewide Building 65 Code. For each such drainage fixture unit, the fee shall be fifty-nine 66 dollars ($59.00). 67 68 (2) For campgrounds operated on a year-round basis, each campsite or 69 recreational vehicle pad shall be deemed to contain the number of 70 drainage fixture units contained in a residential bathroom, as established 71 by the current edition of the Uniform Statewide Building Code. For each 72 such drainage fixture unit, the fee shall be fifty-nine dollars ($59.00). 73 74 For these fees to be applicable, the owner must enter into a contract with the city 75 providing that, at such future times as the campground is converted to year-round use, 76 the fees specified in subsections (b) and (c) of this section shall be applicable and that 77 the owner shall pay the difference in such fees at the time of conversion to year-round 78 use. 79 80 (f) No building permit shall be valid and no water or sewer tap shall be installed 81 for any property until the fees provided for in this section have been paid, except as 82 otherwise provided in this article. 83 84 (g) In the case of existing contract agreements between owners and the city 85 regarding fees and waiver of fees, such agreements shall remain in effect. 86 87 COMMENT 88 89 As currently written, City Code Section 28-4 limits the collection of fees specified in 90 Subsection (d) to property from which sewerage is discharged through a pump station owned by 2 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 II "the City." The proposed amendments extend this requirement to properties discharging through a "publicly-owned" pump station, such that properties discharging through pump stations owned by the Hampton Roads Sanitation District (HRSD) are included as well as City-owned pump stations. The amendment in Line 54 conforms the ordinance to current provisions of State law, which give the Department of Environmental Quality (DEQ) the authority to set standards for peak flows. Adopted by the City Council of the City of Virginia Beach, Virginia on the I Virginia on the _ day of , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIE,NCY: / , I if -- CA-10961 December 11 J 2008 R-1 3 II I, II I ., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ORDINANCE APPROVING PHASE IV OF THE TOWN CENTER PROJECT, RECOMMENDING APPROVAL AND EXECUTION BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OF THE PHASE IV DOCUMENTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT SUPPORTING THE AUTHORITY OBLIGATIONS UNDER THE PHASE IV DOCUMENTS AND AUTHORIZING THE TRANSFER OF AIRSPACE OVER THE CITY'S RIGHT.O~WAY FOR MARKET STREET AT THE TOWN CENTER PROJECT MEETING DATE: January 13, 2008 o Background: The Town Center Project (the "Project") has been a long-term priority for the City. The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. On November 23, 1999, the City Council adopted the Central Business District - South Tax Increment Financing District (the "TIF") with the intent of entering into an agreement with a developer and using the funds to help pay for the City's participation in the Project. At its February 8, 2000 meeting, the City Council approved a Development Agreement for Phase I of the Project containing the rights and obligations of the Virginia Beach Development Authority (the "Authority") and Town Center Associates, L.L.C. (the "Developer"). Phase I of the Project, comprised of a 272,000 square foot office tower, 109,000 square feet of commercial space, a 176-room hotel, an 18,000 square foot bank headquarters building, a 1,284-car public parking garage, and public streets, sidewalks and utilities, has been completed. o On June 3, 2003, the City Council approved the Phase II Development Agreement containing the rights and obligations of the Authority and the Developer with respect to Phase II of the Project. One of the blocks associated with the second phase of the Project, the Galyan's Sports and Outdoor Adventure Store (now Dick's Sporting Goods), opened in April of 2004 with an adjoining 574-space public parking facility, and 18,000 square feet of retail space. Other development includes a 14-story 341-unit luxury apartment complex with an 851-space public parking facility, a public plaza and 194,000 square feet of officelretail/entertainment space. Phase II of the Project is complete. o On September 5,2005, the City Council approved the Phase III Development Agreement containing the rights and obligations of the Authority and the Developer with respect to Phase III of the Project. Phase III of Town Center is a multi-block, multi- facility mixed-use development. Phase III includes (i) on Block 6, an approximately 14,000 square feet of retail and 56 loft condominiums adjacent to the Sandler Center for the Performing Arts; (ii) on Block 7, a 37-story high-rise, including approximately 36,500 square feet of retail space and the 236 room Westin Hotel, 25,000 square feet of meeting and pre-function space, 119 luxury residential condominiums, and 947-space parking garage, with 720 public spaces; and (iii) on Block 5, an approximately 116,000 square foot office building. Block 5 will be complete in the first quarter of 2009. Phase III was also amended to authorize the acquisition of Block 2 of the Town Center Project (the "Beacon Building"). As authorized by the Second Modification to the Phase'" Development Agreement, the Authority has negotiated an acquisition of the Block 2 Property in exchange for 15,000 square feet of improved office space in the Block 7 West Retail Space, a $1,635,000 cash payment, five parking spaces in the Block 7 Parking Garage and a $300,000 EDIP award to cover moving expenses. This transaction referred to as the "Beacon Exchange". The Authority should acquire title to Block 2 in May of 2009. Phase III of the Project is substantially complete. The Phase IV Development Agreement does modify the Phase III Development Agreement.to (i) provide for the implementation of the Beacon Exchange; and (ii) reduce the Authority's obligations to purchase retail space in Block 7 from 25,000 square feet to the 15,000 square feet required under the Beacon Exchange. D Considerations: The Developer is now proposing to begin Phase IV of Town Center which will be a multi-block, multi-facility mixed-use development consisting of the following elements: o Block 2: a 20-story office tower, including approximately 332,134 square feet of office space, 32,632 square feet of ground floor retail space, and a 601 space public parking garage. o Block 9: a 15-story high-rise, including approximately 27,000 square feet of retail space, 30,790 square feet of publicly owned meeting and pre- function space (including an air-conditioned, enclosed connection across Market Street to the Conference Center in the Westin Tower), 162-room Aloft Hotel, and 195 apartments. Costs: The project encompasses two blocks in Town Center, Block 2 (the Beacon Building) and Block 9 (between the Cosmopolitan and the Westin). Public funding for this phase of the Project will total $60.1 million as follows: $36.3 million for the 601-space public parking garage, land and platform costs in Block 2 $18.6 million for the conference center, enclosed connection, land and platform costs in Block 9 $ 3.7 million in bond and other financing and interest costs $ 1.5 million in streetscape improvements for both blocks Fundino: Total public cost for Phase IV will be $60.1 million. These costs shall be funded with a combination of $3.5million from the Authority's Economic Development Incentive Program and $56.6 million in revenue bonds ($53.6 million in Bond Anticipation Notes will be issued initially- two years after II i I I II I issuance, those notes will be retired on the issuance of $56.6 million in revenue bonds). To service the revenue bonds, the following sources will be utilized: (i) Funds generated by the TIF (ii) Hotel taxes collected from the hotels in Town Center (excluding taxes earmarked for TAP and TGIF) (iii) $80,000 in annual required developer payments for parking in Block 2 (iv) $450,000 in annual required developer payments for use of Block 9 Conference Center (v) $1.4 million over twenty years in required profit sharing for the Block 9 Conference Center (vi) The required developer payments are to be secured by liens on the Block 2 Office Tower Condominium Unit and the Block 9 Hotel Condominium Unit. o Public Information: Public Information for this item will be handled through the normal Council agenda process. A public briefing on Phase IV was conducted at the November 18, 2008 City Council Meeting, and public comment was heard at the December 2, 2008 City Council meeting. o Alternatives: The Phase IV Documents reflect the City's on-going commitment to the long-term priority of developing a Town Center for the City. There are certainly other alternatives to development of the Central Business District. However, few if any alternatives accomplish Council's stated goals for the area or provide the level of quality proposed. o Recommendations: Approve the Documents relating to Phase IV of the Town Center (Central Business District), request approval and execution by the Virginia Beach Development Authority, and authorize the City Manager to execute a Phase IV Support Agreement. o Attachments: Ordinance Summary of Terms Recommended Action: Approval of attached Ordinance _. / Submitting Department/Agency: Economic Development ~ CityManager:~ l, ~ 1 ORDINANCE APPROVING DOCUMENTS FOR PHASE 2 IV OF THE TOWN CENTER PROJECT, 3 RECOMMENDING APPROVAL AND EXECUTION BY 4 THE CITY OF VIRGINIA BEACH DEVELOPMENT 5 AUTHORITY OF THE PHASE IV DOCUMENTS, 6 AUTHORIZING THE CITY MANAGER TO EXECUTE AN 7 AGREEMENT SUPPORTING THE AUTHORITY 8 OBLIGATIONS UNDER THE PHASE IV DOCUMENTS 9 AND AUTHORIZING THE TRANSFER OF AIRSPACE 10 OVER THE CITY'S RIGHT OF WAY FOR MARKET 11 STREET AT THE TOWN CENTER PROJECT 12 13 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 14 Virginia Beach Development Authority (the "Authority"), the City Manager and City 15 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 16 Development Company, L.L.C. and its affiliates, regarding the continued 17 development of the Central Business District Project known as "The Town Center of 18 Virginia Beach" (the "Project"); 19 20 WHEREAS, the Project is a development arrangement between the Authority 21 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 22 development utilizing the structure of an economic development park in the B-3A 23 Pembroke Central Business Core District, an area of the City that is zoned to 24 optimize development potential for a mixed-use, pedestrian-oriented, urban activity 25 center with mid-to-high-rise structures that contain numerous types of uses, 26 including business, retail, residential, cultural, educational and other public and 27 private uses; 28 29 WHEREAS, on November 23, 1999. the City Council adopted Ordinance No. 30 99-2567B establishing the Central Business District -South Tax Increment Financing 31 Fund (the 'TIF Fund"); 32 33 WHEREAS, Phases I and II of the Project have been completed and Phase III 34 of the Project is substantially completed; 35 36 WHEREAS, the Developer has worked with the City Manager and City staff 37 and has proposed a comprehensive development plan for Phase IV of the Project; 38 39 WHEREAS, the City Manager and City Attorney, on behalf of the City and the 40 Authority, have pursued the negotiation of a Phase IV Development Agreement and 41 other related Phase IV documents (collectively, the "Phase IV Documents") in 42 substantial conformity with the terms outlined on the Summary of Terms, attached 43 hereto as Exhibit A. A copy of the proposed Phase IV Development Agreement has 44 been previously provided to City Council; 45 III I, III 46 WHEREAS, included as one of the Phase IV Documents is a support 47 agreement between the City and the Authority (the "Phase IV Support Agreement") 48 pursuant to which the obligations of the Authority contained in the Phase IV 49 Documents are supported by the City, (a) with the traditional public infrastructure 50 costs of the Project to be funded, in part, through the City's CIP and, in part, through 51 the Authority's Economic Development Investment Program monies and (b) with the 52 other obligations of the Authority structured to be paid, subject to annual 53 appropriation, by (i) the available revenue from the TIF Fund, and (ii) by available 54 revenue generated from the hotel taxes collected in Town Center (excluding those 55 taxes earmarked for the TGIF and TAP funds), and (iii) by annual payments 56 averaging $600,000 per year from the Developer, and (iv) $3,500,000 in cash from 57 the Authority's Economic Development Investment Program monies; 58 59 WHEREAS, included as part of the obligations of the Authority under the 60 Phase IV Documents is the obligation to fund construction of and acquire an 61 enclosed connecting structure between Block 7 and Block 9 of the Project over a 62 portion of the property and right-of-way known as Market Street and owned by the 63 City; 64 65 WHEREAS, the City Council is of the opinion that it is appropriate and not 66 contrary to the rights and interests of the City of Virginia Beach in Market Street to 67 transfer the requested airspace over Market Street to the Authority to accommodate 68 the enclosed connecting structure between the public conference centers on Blocks 69 7 and 9 of the Project; 70 71 WHEREAS, to finance a portion of the obligations of the City associated with 72 Phase IV, the hotel taxes generated within the boundaries of the Town Center 73 Special Service District (excluding those earmarked for the TGIF and TAP funds) 74 shall be allocated to the Central Business District - South TIF (Town Center) Fund, 75 and all such funds collected in FY 2009-2010 from this source shall be transferred to 76 the Central Business District - South TIF (Town Center) Fund; 77 78 WHEREAS the City Council finds that Phase IV of the Project will stimulate 79 the City's economy, increase public revenues, enhance public amenities and further 80 the City's development objectives for the Central Business District and provide 81 necessary components to further the goals contained in the City's Guidelines for 82 Evaluation of Investment Partnerships for Economic Development; and 83 84 WHEREAS, the City Council hereby approves the Phase IV Documents and 85 desires that the Authority approve and execute the Phase IV Documents. 86 87 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 88 OF VIRGINIA BEACH, VIRGINIA; 89 90 1. The City Council approves the execution of the Phase IV Development 91 Agreement, which implements a development arrangement between the City of 92 Virginia Beach Development Authority (the "Authority") and Town Center Associates, 93 L.L.C. (the "Developer") for the development of Phase IV of the mixed-use 94 commercial development project in the Central Business District utilizing the 95 structure of an economic development park known as the "Town Center of Virginia 96 Beach" (the "Project"), so long as such agreement is consistent with the Summary of 97 Terms attached hereto as Exhibit A, and such other terms, conditions or 98 modifications as may be acceptable to the City Manager and deemed legally 99 sufficient by the City Attorney. 100 101 2. The City Council requests and recommends that the Authority adopt a 102 Resolution consistent with this Ordinance (a) approving the Phase IV Development 103 Agreement and all other documents required to implement the provisions of the 104 Phase IV Development Agreement (collectively, the "Phase IV Documents"), (b) 105 authorizing the execution of Phase IV Documents, and (c) authorizing the City 106 Manager and the City Attorney, on behalf of the Authority, to proceed with the 107 development of any additional Phase IV Documents necessary and appropriate or 108 contemplated by the Phase IV Development Agreement to implement Phase IV of 109 the Project consistent with the terms outlined in the Phase IV Development 110 Agreement. 111 112 3. On behalf of the City of Virginia Beach, the City Manager and the City 113 Attorney are hereby authorized and directed to proceed with the development of any 114 additional Phase IV Documents necessary and appropriate or contemplated by the 115 Phase IV Development Agreement to implement Phase IV of the Project, with the 116 Phase IV Documents to contain such terms as are consistent with the terms outlined 117 in the Phase IV Development Agreement. 118 119 4. The Authority is hereby authorized to utilize $3,500,000 from its 120 Economic Development Investment Program to partially fund the public obligations 121 as set forth in the Phase IV Documents; 122 123 5. The sum of $222,222 will be transferred from the General Fund to the 124 Central Business District -South TIF (Town Center) Fund, and the sum of $277,778 125 will be transferred from the Major Project Special Revenue Fund to the Central 126 Business District -South TIF (Town Center) Fund. These transfers shall occur in FY 127 2009-10. 128 129 6. The City Manager, or his designee, is authorized to execute and 130 deliver (a) the Support Agreement between the City and the Authority supporting the 131 Authority's obligations contained in the Phase IV Documents and (b) such other 132 Phase IV Documents to which the City is a necessary party to enable the Authority 133 to proceed with its obligations in Phase IV of the Project. 134 135 7. The City Manager is authorized to modify the Phase IV Documents to 136 which the City is a party to the extent such modifications may be technical in nature, 137 provided that after such modifications, the Phase IV Documents shall remain in II, I, 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 II I substantial conformity with the Phase IV Development Agreement and such modifications are in a form deemed legally sufficient and satisfactory by the City Attorney. 8. That in order to further promote the economic vitality of the City, the City hereby approves the transfer to the Authority of the areas of airspace over Market Street through which the enclosed connecting structure between blocks 7 and 9 of the Project shall be constructed in accordance with the Phase IV Documents. The City Manager is authorized to convey fee simple title to such airspace (and any adjacent airspace necessary to construct and maintain such walkway) to the Authority in the manner he deems in the best interest of the City (including, but not limited to reserving any easements he deems necessary) so long as the documents effecting such conveyance are acceptable to the City Manager and in a form deemed legally sufficient and satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2009. APPROVED AS TO CONTENT ~ . Economic Development APPROVED AS TO FUNDS APPROVED AS TO CONTENT AVAILABILITY rtl~~~e~ ~~~~i@;a~ CA10779 v :lapplicatiODS\citylawprodlcycom32\ Wpdocs\D006\P004\OOOOO226.DOC R-1 January 6, 2009 TOWN CENTER - PHASE IV SUMMARY OF TERMS 1. Scope Block 2 and Block 9 of Town Center. Each block will be developed with a single, multi- story, mixed-use, structure. The Block 9 development will include a second floor-level connecting structure spanning Market Street between Blocks 9 and 7 conference centers. 2. Components A. Block 2 (1) Single, 20-story structure. (2) Structure components: . 1 st Floor: Lobby area, related building operations/support areas, and approximately 32,632 s/f of retail space. . 2nd Floor through 6th Floor: Parking garage containing approximately 601 parking spaces (5 levels). . 7th Floor through 19th Floor: Approximately 332,134 s/f of office space. . 20th Floor: Building mechanical/service area. . The improvement on Block 2 will be structurally similar to the high-rise improvements on Block 4. B. Block 9 (1) Single, 15-story structure. (2) Structural components: . 1 st Floor: Separate lobbies for the hotel, the conference center and the residential apartments areas and approximately 27,000 s/f of retail space. . 2nd Floor: Approximately 11,400 s/fballroom, 6,900 s/fterrace, pre-function space, meeting rooms, kitchen, storage and related space (approximately 30,790 total s/f). The second floor will contain an enclosed connecting structure across Market Street and extending to the conference center in the Westin Hotel. . 3rd Floor through 10th Floor: Approximately 162 hotel guest rooms (and related space) and approximately 120 rental apartment units (and related space). II I I II I . 11 th Floor through 15th Floor: Approximately 75 rental apartment units (and related space). . The Block 9 structure will not include a parking garage. C. Phase IV Public Infrastructure (1) Streetscapes on each block consistent with the existing streetscapes for Town Center blocks. (2) Traffic signals. (3) Re-Iocate utilities. 3. Maior Developer Obli2ations A. Block 2 (1) Fulfill obligations under the existing Exchange Agreement among Developer, VBDA, and Commonwealth Building Company, the owner of Beacon property. (2) Acquire Block 2 land, either as part of the Exchange transaction, or from VBDA under the existing land option facility between VBOA and Developer. (3) Construct all Block 2 improvements. (4) Convey to VBDA the Parking Garage condominium unit. (5) Lease to VBDA two floors of the Block 2 office tower. B. Block 9 (1) Acquire Block 9 land from VBDA under the existing land option facility at VBDA's acquisition cost, plus its cost of holding the Block 9 land. (2) Construct all Block 9 improvements. (3) Convey to VBDA the condominium unit comprised of the conference center related space (including the area within the connecting structure). C. Payment. Required annual payments for twenty years as follows: (1) $80,000 per year from parking leases in Block 2 (2) $450,000 per year in fees for use of the Conference Center in Block 9 (3) $1,400,000 over twenty years in profit sharing from the Conference Centers in Blocks 7 & 9. The $80,0000 and $450,000 shall be secured obligations of the Block 2 Office Unit and Block 9 Hotel Unit owed to the respective Authority Facilities as set forth in the relevant condominium declarations of the Block 2 and Block 9. 4. Maior VBDA/Citv Obli!!ations A. Block 2 (1) Acquire the Parking Garage condominium unit. VBDA's ownership of this unit also will include its respective proportionate ownership rights in the Block 2 condominium's common areas and elements, including the Block 2 land. (2) Cause Block 2 public infrastructure to be constructed at an estimated cost of$814,000. (3) Lease two floors in the office tower consisting of approximately 50,852 s/f (depending on the floors) upon terms and conditions similar to those of the lease for space in Block 4. (4) The estimated amount of public investment in Block 2 is $36.3 million plus the public infrastructure costs. B. Block 9 (1) Acquire the condominium unit comprised of the conference center and related space, including the area within the connecting structure. VBDA's ownership of that unit also will include its proportionate ownership rights in the Block 9 condominium's common areas and elements, including the Block 9 land. (2) Cause Block 9 public infrastructure to be constructed at an estimated cost of $686,000. (3) The estimated amount of public investment in Block 9 is $18.6 million plus the public infrastructure costs. END !Il Ii 1'1 ~~"'\:'\ r~'~~;r~, f(j....""~, '.'t.~ (,,;J:'l>.,..,~, "5f; : M ~.i~ ;... (\\:....lIJ "ct,,_~~-~~ ~~y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five Years With The Virginia Beach Maritime Museum, Inc., for .275 Acre of City Owned Land Located at 24th Street and Atlantic Avenue, Together with the Building Commonly Known as the "Old Coast Guard Building" MEETING DATE: January 13, 2009 . Background: Council, by Ordinance dated May 14, 1978, closed a portion of 24th Street between Atlantic Avenue and Atlantic Boulevard. The following year, the City purchased the Old Coast Guard Station from L. Charles Burledge and moved it onto the closed portion of 24th Street. The Virginia Beach Maritime Museum, Inc. ("Maritime Museum"), a non-profit organization, utilized the City property with the knowledge of, but without the formal approval of, the City of Virginia Beach from 1981 through 1997. In 1998, the City and Maritime Museum executed a five-year lease for the Maritime Museum to operate a maritime museum with gift shop and office space within a portion of the Old Coast Guard Station building ("Museum"). In 2004, the City and Maritime Museum executed another five-year lease for the same purpose. . Considerations: The most recent five-year lease between the City and Maritime Museum expired on December 31, 2008, and the Department of Museums wishes to enter into a new five-year lease with Maritime Museum. The Museum is important to the City's museum program and to the preservation of the City's maritime history. Moreover, proceeds from sales in the Museum gift shop are reinvested by Maritime Museum for upkeep of existing exhibits and for purchase or creation of new exhibits. There are no plans in the foreseeable future to utilize this parcel of property for any usage other than the present use. . Public Information: A public notice was published on January 4, 2009 and January 11, 2009, as required by Virginia Code 915.2-1800. . Recommendations: Adopt the ordinance authorizing the City Manager to execute a lease with Virginia Beach Maritime Museum, Inc., for a term offive years. . Attachments: Ordinance, Summary of Terms, Lease Recommended Action: Adopt Ordinance Submitting Department/Agency: Department of Museums City Manager:~ k ,~~ 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A LEASE FOR FIVE YEARS WITH THE 3 VIRGINIA BEACH MARITIME MUSEUM, INC., FOR .275 4 ACRE OF CITY OWNED LAND LOCATED AT 24TH 5 STREET AND ATLANTIC AVENUE, TOGETHER WITH 6 THE BUILDING COMMONLY KNOWN AS THE "OLD 7 COAST GUARD BUILDING" 8 9 WHEREAS, the City of Virginia Beach ("City") is the owner of that certain parcel 10 of land formerly known as 24th Street, located between Atlantic Avenue and Atlantic 11 Boulevard, which was closed and conveyed to the City of Virginia Beach by Ordinance 12 dated May 14, 1978, and recorded in the Clerk's Office of the Circuit Court of Virginia 13 Beach, in Deed Book 2001, at Page 267 ("Premises"); 14 15 WHEREAS, the Old Coast Guard Station ("Facility") was purchased by the City, 16 from l. Charles Burledge, on or about March 23, 1979 and was moved onto the 17 Premises; 18 19 WHEREAS, the Virginia Beach Maritime Museum, Inc. ("Maritime Museum") was 20 founded in 1981 as a non-profit organization, and immediately began utilizing the 21 Premises to operate a maritime museum with gift shop and office space ("Museum"); 22 23 WHEREAS, the Maritime Museum has been paying the City one dollar ($1.00) 24 per year in rent and the City has provided the Maritime Museum with utilities, 25 housekeeping and maintenance; 26 27 WHEREAS, in 1998, the City and Maritime Museum entered into a five year 28 lease for the Maritime Museum to operate the Museum; 29 30 WHEREAS, in 2004, the City and Maritime Museum entered into another five 31 year lease for the same purpose; 32 33 WHEREAS, the current lease between the City and Maritime Museum expired on 34 December 31,2008; 35 36 WHEREAS, the Museum is important to the City's museum program and to the 37 preservation of the City's maritime history; 38 39 WHEREAS, profits from sales from the gift shop are utilized for the upkeep of the 40 existing maritime exhibits and for purchase or creation of new exhibits; and 41 42 WHEREAS, the City wishes to entered into a new five year lease with the 43 Maritime Museum. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: Iii Ii II I 47 48 49 50 51 That the City Manager is hereby authorized to execute a lease for a term of five years between the Virginia Beach Maritime Museum, Inc., and the City for the Premises and the Facility, in accordance with the Summary of Terms attached hereto, and such other terms, conditions or modifications as may be satisfactory to the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: =4.~ D artment of Museums ~~J-- CA 10955 R-4 January 2, 2009 SUMMARY OF TERMS LEASE FOR THE USE OF 12,000 SQUARE FEET OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: City of Virginia Beach LESSEE: Virginia Beach Maritime Museum, Inc. PREMISES: Approximately 12,000 square feet of City property located on Atlantic Avenue at 24th Street and known as the Old Coast Guard Station. TERM: January 3, 2009 - January 2, 2014 RENT: One dollar per year RIGHTS AND RESPONSIBILITIES OF VIRGINIA BEACH MARITIME MUSEUM, INC.: · Will use the Premises for a maritime museum with a gift shop and offices and no other purpose. · Will remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. · Will erect and maintain a sign, which shall give recognition to the Lessor as a principal in the ownership and establishment of the Leased Premises. · Will maintain insurance coverage, in full force, in accordance with City requirements. · Will comply with all requirements for maintaining the building's status as a National Historic Site. RIGHTS AND RESPONSIBLlTIES OF CITY: · Will maintain Premises, provide minimal weekly housekeeping services and pay for all utilities (except telecommunications fees), fuel, and solid waste collection. · Will inspect the Premises for compliance with the terms of the lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: · Either party may terminate with 60 days advance notice, for any reason it considers appropriate, with no further obligations. II 1'1 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") is made as of the day of , 2009, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, ("Lessor") and the VIRGINIA BEACH MARITIME MUSEUM. INC., a corporation of the Commonwealth of Virginia ("Lessee") . WITNESSETH: That for and in consideration of the terms, conditions, covenants, promises and agreements made, Lessor hereby leases and demises unto Lessee, and Lessee hereby accepts and leases from Lessor the following described property, (the "Leased Premises"): All those certain pieces, parcel, or lot of land situate, lying and being in the City of Virginia Beach, Virginia containing .275 Acre, more or less land, and being as shown on that certain plat entitled "PLAT OF PORTION OF 24TH STREET R/W TO BE VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA," SCALE = 1" = 30' DATED 7/20/76, prepared by Freeman and Freeman, Engineers and Surveyors, Virginia Beach, Virginia said plat being recorded in Deed Book 1917 at Page 525 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and a copy of which is attached hereto as Attachment A, to which reference is made for a particular description, together with the building commonly known as the "Old Coast Guard Building" and improvements thereon. IT BEING the same property conveyed to the City of Virginia Beach by discontinuing a portion of 24th Street by Ordinance dated May 14, 1978 and recorded April 10, 1980 in the aforesaid Clerk's Office in Deed Book 2001 at Page 267 and by quitclaim deed from 1002, Inc. dated May 22, 1979 and recorded in the aforesaid Clerk's Office in Deed Book 1906 at Page 79 and by quitclaim deed from Oliver Enterprises dated June 19, 1979 and recorded in the aforesaid Clerk's Office in Deed Book 1917 at Page 522. GPIN 2427-19-4622 1. Term of Lease. The term of this Lease shall be for a period of five (5) years, commencing on January 3,2009 and ending at midnight on January 2,2014. 2. Rent. The total rent for the term hereof shall be one dollar ($1.00) per annum, which the Lessee shall pay to the Lessor, in advance, at such address as may be designated by the Lessor or if none specified, to the address provided for delivering notices in Paragraph 4 of this Agreement. 3. Use. The Lessee shall use and occupy the Leased Premises as a maritime museum and for purposes which complement the operation of a museum, including . without limitation maritime exhibits and related special events, receptions and meetings, operation of a gift shop, and exhibiting furnishings and other items which are intended to preserve the historic nature of a maritime museum. The building located on the Leased Premises ("Building") must remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. The Lessee shall not use nor permit the Leased Premises to be used for any purpose other than as stated in this section of the Lease without the Lessor's prior written consent. 4. Notice. Any notice required or permitted to be given under this Lease shall be deemed to have been given or served when made in writing and (i) delivered in person as evidenced by a written receipt or (ii) mailed by certified mail or registered mail, return receipt requested, to the party who is to receive such notice at the address given below. When so mailed, the notice shall be deemed to have been given as of the date it was received, or in the event the intended recipient refuses delivery or fails or neglects to accept delivery, notice shall be deemed to be accepted on the date delivery was first 2 II' II I attempted or notice of attempted delivery was first serviced by United States Postal Services. The addresses for notices are as follows: (A) To the Lessor: Department of Museums City of Virginia Beach 717 General Booth Blvd. Virginia Beach, Virginia 23451 (B) To the Lessee: Virginia Beach Maritime Museum, Inc. 24th and Atlantic Avenue Virginia Beach, Virginia 23451 5. Name. The official name of the Lessee's operation shall be approved by the Lessor, which approval shall not be unreasonably withheld. 6. fugn. The Lessee shall erect a sign, which shall give recognition to the Lessor as a principal in the ownership and establishment of the Leased Premises. Such sign shall be constructed and maintained in accordance with applicable state and local building codes and ordinances. 7. Insurance Obligations. Lessee shall during the term of this Lease secure and maintain in full force and effect Workers' Compensation Insurance as required under Virginia code Title 65.2 and Commercial General Liability Insurance in an amount of not less than $1,000,000 combined single limits (CSL). The Commercial General Liability Insurance shall name Lessor as an additional insured. Lessee shall, upon request, furnish to Lessor certificates of all insurances required under this Paragraph. All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia and acceptable to the City, and shall carry the provision that the insurance will not be canceled or materially modified without thirty days (30) prior written notices to the City. 3 8. Termination. The Lessor or the Lessee may terminate this Lease with sixty (60) days advance notice, for any reason it considers appropriate, with no further obligation. 9. Default(s). In the event of any failure of Lessee to timely and fully comply with any provision or condition of this Lease, Lessee shall be in default. If such default shall continue for more than forty-five (45) days after written notice thereof shall have been mailed to Lessee, Lessor shall have all rights and remedies available at law including, but not limited to, termination of the Lease as of the date of such notice. 10. Hold Harmless/Indemnification. It is understood and agreed that Lessee hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of Lessee, its subcontractors, agents or employees under or in connection with this Lease or the performance or failure to perform any work required by this Lease. Lessee agrees to indemnify and hold harmless the Lessor and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this Lease, and (c) the performance of the work by Lessee or those for whom Lessee is legally liable. Upon written demand by the Lessor, Lessee shall assume and defend at Lessee's sole expense any and all such suits or defense of claims made against the Lessor, its agents, volunteers, servants, employees or officials. 4 !I ii, II I City/Museum Services and Maintenance. (A) Lessor shall, at Lessor's cost: (i) maintain Leased Premises in good condition and repair; (ii) provide payment for all utility costs and fees as pertain to electricity, heating, fuel, water, sewer and solid waste collection; (iii) provide minimal weekly housekeeping services; and (iv) approve in advance the acquisition or installation 11. or any equipment it is expected to maintain. The grounds will be maintained in a manner consistent with the historical appearance of the Building or representative building of the same period. (B) The Lessee shall not perform any repairs upon the premises, unless minor in nature and approval of the Lessor is first obtained. No changes or additions to the structure of the Building or its mechanical systems may be made without the approval of the Lessor. Lessee shall maintain the premises in a neat and orderly condition. Upon the termination of this Lease, the Lessee shall deliver the Building to the Lessor in ''broom clean" condition, excepting ordinary wear and tear or loss or damages caused by fire or other casualty. The Lessee shall pay for telecommunications fees and services and other utilities not listed in subsection (A)(ii) of this section, and shall develop written security procedures to reasonably protect the Building, against damage, such procedures subject to approval by the Lessor. 12. Access. Lessor or Lessor's agents, employees and designees shall have the right to enter the Leased Premises, upon reasonable prior notice, to examine and inspect the Leased Premises and to determine compliance with the terms of this Lease, and for any other purpose necessary to facilitate Lessor's proposed use of the Leased Premises upon termination of this Lease. Entry by Lessor as set forth in this Paragraph 5 shall be during the hours before ten (10) o'clock a.m. and between the hours of two (2) and four (4) o'clock p.m., or at a time mutually agreed upon by Lessor and Lessee so as to minimize disruption to Lessee's business. 13. Fire and Casualty. Except as otherwise provided herein, in the event the Building or improvements on the Leased Premises or any part thereof are damaged or destroyed by fire or other casualty, Lessor may elect to terminate this Lease effective as of the date of the casualty. The Lessor is not obligated to rebuild the Leased Premises in the event of damage or destruction by fire or casualty. 14. Assignment and Sub-Lease. Lessee shall not sublet or assign this Lease without first obtaining the written consent of Lessor, which consent may be withheld in the sole discretion of the Lessor. Any sublease or assignment must obligate the subleasee or assignee to all of the terms and conditions ofthis lease. 15. Surrender. Upon the expiration or earlier termination of this Lease, the Lessee shall have the right to remove its personal property, furniture, fixtures, equipment and signs, ("Personal Property"). However, Lessee agrees to be responsible for the repair of any and all damages to the Leased Premises caused by such removal. Any Personal Property belonging to the Lessee not removed within twenty (20) days following the expiration of termination of this Lease shall be deemed to be abandoned, and may be removed and disposed of by Lessor without incurring any liability to Lessee. 16. Severability. Any term of this Lease which is prohibited by or is unlawful or unenforceable under Virginia law shall be ineffective only to the extent of such prohibition, without invalidating the remaining terms of this Lease. 6 II i I I II I 17. Required Approvals. All approvals required within the wording of this Lease must be obtained in writing prior to implementation or acquisition. The contact for the Lessor for this Lease is the Director, Department of Museums, unless otherwise stated. 18. Nondiscrimination. Employment discrimination by Lessee shall be prohibited. During the performance of this Lease, Lessee agrees as follows: 1. . Lessee will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of Lessee. Lessee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. Lessee, in all solicitations or advertisements for employees placed by or on behalf of Lessee, will state that Lesee is an equal opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. 4. Lessee will include the provisions of the foregoing Sections 1, 2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 19. Environmental Concerns. Lessor hereby warrants to the Lessee, that to the best of the Lessor's knowledge, without the requirement for independent 7 investigation, no hazardous material such as petroleum products, asbestos and any other hazardous or toxic substance has been used, disposed of, or is located in either the building located on the Leased Premises or that soil or groundwater on or under the Leased Premises. Any costs associated with violations of the law including, but not limited to, remediation, clean up costs, fines, administrative or civil penalties or charges and third party claims imposed on the Lessor by any regulatory agency or by any third party as a result of the noncompliance with Federal, State or local environmental laws and regulation or nuisance statutes by the Museum or by its employees, contractors, consultants, sub consultants, or any other persons, corporations or legal entities retained by it for the Leased Premises, shall be paid by the Lessee. 20. Covenant Against Liens. If, because of any act or omission of Lessee, or others claiming by or through the Lessee, any mechanic's or materialman's liens shall be filed against the Lessor or any portion of the Leased Premises, Lessee shall, at its own cost and expense, cause the same to be paid, discharged of record or bonded off within thirty (30) days after written notice from Lessor of the filing thereof. The provisions of this paragraph shall survive expiration or termination of this Lease. 21. Submission and Disposition of Contractual Claims. Prompt knowledge by the Lessor of an existing or impending claim for damages or other relief may alter the plans, scheduling, or other action of the Lessor and/or result in mitigation or elimination of the effects of the claim. Therefore, a written statement providing the Lessor with notice of Lessee's intention to file a claim which (i) describes the act or omission by the Lessor or its agents that the Lessee contends caused it damages or entitles it to other relief; and (ii) provides a description of the nature and amount of the claim. Such written 8 III I I i I I statement shall be submitted to the Lessor within 20 days of the time of the occurrence or beginning of the work upon which the claim is based; provided, however, if such damage is deemed certain in the opinion of the Lessee to result from its acting on an order from the Lessor, it shall immediately take written exception to the order. For purposes of this provision, "claim" shall include, without limitation, any request for an increase in the contract price or time and any request for equitable adjustment. Submission of a notice of claim as specified shall be mandatory, and failure to submit such notice shall be a conclusive waiver to such claim for damages or other relief by the Lessee. Neither an oral notice or statement, nor an untimely notice or statement will be sufficient to satisfy the requirements herein. The Lessor will review the claim and render a final decision in writing within thirty (30) days of receipt of Lessee's written request for a final decision. Such decision shall be final and binding to the fullest extent allowed by law. 22. Compliance With All Laws/Governing LawN enue. A. Compliance with All Laws. Lessee shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of scope of work set forth herein. Lessee represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of this Lease prior to the initiation of work. B. Lease interpreted under laws of Virginia. This Lease shall be deemed to be a Virginia lease and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the 9 Commonwealth of Virginia, and all questions arISIng with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Lease shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. C. Venue. Any and all suits for any claims or for any and every breach or dispute arising out of this Lease shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. D. The building has been entered in the National Register of Historic Places since 1979. Lessee shall comply with all requirements for maintaining the Building's status as a National Historic Site. 23. Drug Free Workplace. During the performance of this Lease, Lessee agrees as follows: 1. Lessee will provide a drug-free workplace for Lessee's employees. 2. Lessee will post in conspicuous pla.ces, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Lessee's workplace and specifying the actions that will be taken against employees for violations of such prohibition. 3. Lessee will state in all solicitations or advertisements for employees placed by or on behalf of Lessee that Lessee maintains a drug-free workplace. 4. Lessee will include the provisions of the foregoing Sections 1, 2, and 3 in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 10 III I I II I 24. Compliance with Immigration Laws. Lessee does not currently, and shall not during the performance of this Lease, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. 25. Modification. There may be no modification of this Lease, except in writing, executed by the authorized representatives of the Lessor and Lessee. 26. Waiver. No waiver by Lessor or Lessee at any time, express or implied, of any breach of any term of this Lease shall be deemed a waiver of a breach of any other term of this Lease or consent to any subsequent breach of sanie or ay other term. No acceptance by Lessor of any partial payment shall constitute an accord or satisfaction but shall only be deemed a part payment on account. Lessor may accept rent, or other sums payable or other benefits pursuant to this Lease, and acceptance of same shall not be deemed to be a waiver of any prior default. 27. Quiet Enioyment. So long as Lessee is not in default beyond any cure period hereunder, Lessee shall peaceably and quietly hold and enjoy the Leased Premises for the term hereby demised without hindrance or interruption by Lessor or any other person or persons claiming by, through or under Lessor. 28. Force Maieure. Neither Lessor nor Lessee shall be liable to the other for any breach or violation of this Lease resulting from any occurrence or event, including any act of God, strikes, war, lockouts, labor trouble, insurrection or occurrence beyond the reasonable control of any party hereto. 29. Entire Agreement/Successors and Assigns. This Lease constitutes the entire agreement between the parties and shall be binding upon the parties hereto and 11 their successors and assigns. No oral statement or prior writing shall add to, vary or modify the terms of this Lease. 30. Paragraph Headings. Headings to the paragraph are illustrative only; they do not form a part of this Lease nor are they intended to be used construing same. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: (THIS SP ACE INTENTIONALLY LEFT BLANK) 12 III I I II I CITY OF VIRGINIA BEACH, VIRGINIA: City Manager/Authorized Designee VIRGINIA BEACH MARITIME MUSEUM, INC. Signature Title STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of ,20__, by (Name of person acknowledged). He/She is personally known to me or has produced as proper identification. Notary Public My Commission Expires: My Registration Number: STATE OF CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of , 20__, by (Name of person acknowledged). He/She is personally known to me or has produced as proper identification. Notary Public My Commission Expires: My Registration Number: 13 Approved as to Content: Department of Museums Approved as to Legal Sufficiency: Office of City Attorney 14 Approved as to Risk Management: Risk Manager II i I I II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 120 Lavergne Lane (GPIN 2407- 64-8791) to be in excess of the City's needs and authorizing the City Manager to sell the property to Robert and Juanita Gordon MEETING DATE: January 13, 2009 . Background: The City acquired the property located at 120 Lavergne Lane in April, 2008, for the Oceana and ITA Conformity and Acquisition Project (CIP 9-060). The property was vacant when the APZ-1 Ordinance was enacted on December 20, 2005, and it can no longer be used for residential development. Robert H. Gordon, Jr. and Juanita M. Gordon (the "Gordons") own the adjacent property at 116 Lavergne Lane, which is developed with their residence. The Gordons propose to purchase the vacant lot located at 120 Lavergne Lane and resubdivide the two properties into one residential lot. . Considerations: The APZ-1 Disposition Committee reviewed the property and determined that it should be sold . to adjoining property owners. The Gordons were the only adjoining owners that expressed any interest in purchasing the property. Due to the APZ-1 restrictions, which prevent any new residential units, the sales price was set at $1.00 per square foot. The property is 9,090 square feet. If the City retains the property, the City must pay to maintain the lot, an estimated annual cost of $630. . Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. . Alternatives: Sell the 9,090 square foot lot to the Gordons with conditions, or keep the property in City inventory. . Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. . Revenue restriction: The City funded the acquisition of the property through the partnership with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. The proceeds from the sale will be deposited into the Oceana and ITA Conformity and Acquisition Project (CIP 9-060) and fifty percent (50%) of the proceeds will be paid to the Commonwealth. . Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate OOJ 1-,-DCj City Manager~S \.. ~1sPt V:\Applications\CityLawProd\cycom32\ Wpdocs\D029\P003\0004 7922.DOC III I I I II I 1 2 AN ORDINANCE DECLARING THE PROPERTY 3 LOCATED AT 120 LAVERGNE LANE (GPIN 4 2407-64-8791) TO BE IN EXCESS OF THE 5 CITY'S NEEDS AND AUTHORIZING THE CITY 6 MANAGER TO SELL THE PROPERTY TO 7 ROBERT AND JUANITA GORDON 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain parcel of land located at 120 Lavergne Lane (the "Property"), more particularly 11 described on Exhibit "A" attached hereto; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 1 7 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Property was vacant when the APZ-1 Ordinance was 21 adopted on December 20, 2005, and the Property can no longer be developed with a 22 residential use; 23 24 WHEREAS, Robert and Juanita Gordon own the adjacent property and 25 they have requested to purchase the Property in order to utilize it in a manner 26 compatible with the APZ-1 Ordinance; 27 28 WHEREAS, Mr. and Mrs. Gordon desire to purchase the Property in 29 accordance with the Summary of Terms attached hereto as Exhibit "B"; 30 31 WHEREAS, the City Council is of the opinion that the property is in excess 32 of the needs of the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 3 7 That the Property is hereby declared to be in excess of the needs of the 3 8 City of Virginia Beach and that the City Manager is hereby authorized to execute any 39 documents necessary to convey the Property to Robert and Juanita Gordon, in 40 accordance with the Summary of Terms attached hereto and such other terms, 41 conditions or modifications deemed necessary and sufficient by the City Manager and in 42 a form deemed satisfactory by the City Attomey. 43 44 Further, that the revenue from the sale of the Property in the amount of 45 $9,090 shall be received and appropriated to the Oceana and ITA Conformity and 46 Acquisition Project (CIP 9-060) and the City Manager shall thereafter refund the 47 Commonwealth's portion of such revenue and allocate the remainder for on-going 48 expenses of the City's BRAC program, but such appropriation shall not increase the 49 City's $7.5 million annual acquisition commitment. 50 51 52 This ordinance shall be effective from the date of its adoption. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 55 day of ,2009. 56 R-2 CA10551 1/7/2009 V:\applications\citylawprod\cycom32\Wpdocs\D021\P004\00075183.DOC APPROVED AS TO CONTENT APPROVED AS TO CONTENT ~~rN'~ l-l{)~ Public Works 3 E APPROVED AS TO LEGAL ~CIENCY ~ Ci~A~~'G II EXHIBIT A GPIN 2407~64-8791 (120 Lavergne Lane): ALL THAT certain lot, piece or parcel of land, together with the privileges and appurtenances thereunto belonging, being or near "Oceana" in Lynnhaven Borough in the City of Virginia Beach, Virginia and known, numbered and designated as Lot No. 23, as shown on a certain plat entitled, 'WEST OCEANA GARDENS, PRINCESS ANNE COUNTY, VIRGINIA", made for C.M. Tynes, June 1950, by W. B. Gallup, County Surveyor, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, formerly Princess Anne County, Virginia in Map Book 25, at page 83. Reference to which plat is hereby made for a more particular of description of said lot. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation, by deed from Jonathan F. Berryman, dated April 30, 2007, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070501000592940. CONFIDENTIAL EXCESS PROPERTY REPORT APPLICANT: Robert H. Gordon, Jr. and Juanita M. Gordon CITY PROPERTY LOCATION: 120 Lavergne Lane - GPIN 2407-64-8791 DATE: January 13,2009 BACKGROUND: As part of the APZ-l Use and Acquisition Plan adopted December 20,2005, the City of Virginia Beach acquired the above property from Jonathan E. Berryman. The property has been reviewed and evaluated by the Disposition Committee and the Oceana Land Use Conformity Committee. The Disposition Committee is comprised of : Elizabeth Chupik, Law Department Brian Solis, Parks & Recreation Tony Russo, Economic Development David W. Couch, Economic Development Stephen White, Planning Keith Havron, PU/Engineering Rebecca Mitchell, PU/Engineering Jeffrey S. Waller, PW/Engineering Robert K. Gey, PW/EngineeringlTraffic Bureau Barry Shockley, Management Services Ed James, Planning Kevin Perry, Police Donna Brehem, Fire Marcy Sims, Libraries Mark Reed, Museums Rob Clark, PU/Engineering Bill Johnston, PW/Engineering Sharon Prescott, HNP David Ackerman, HNP Tony Arnold, Schools The committee's recommendation is to sell the vacant land to the adjoining property owner(s). Three adjoining property owners have been contacted and only one expressed any interest in purchasing the property. MAPS: Attached APPLICANT'S LAST OFFER: $9,090 CITY'S ESTMATED VALUE: $9,090 SOURCE OF FUNDING: N/A STAFF LEAD: Robin A. Brandeburg II i I I II I LEGAL STAFF: Elizabeth Chupik RECOMMENDATION: Recommendation to sell the property known as 120 Lavergne Lane (GPIN 2407-64-8791) to Mr. and Mrs. Gordon, subject to the following conditions: . Property is purchased "As Is, Where Is." . Buyer has been advised of APZ-l restrictions for use. . Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with his adjacent property upon Resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. . Buyer shall resubdivide the Property at his expense should Buyer desire to construct across the property line between the Property and Buyer's adjacent property. . Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. \~~ ~ 1-1-09 Originated/Submitted by: PW /Real Esta Date 1--0 c:r Date 09 DATE OF CITY COUNCIL CONSIDERATION: X:\Projects\CITY PROPERTY\2407-64-8791 (602)\Confidential Property Acquisition Report form l.DOC II i I; II I ~ ~ .~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the undeveloped right-of-way known as a 10' Lane (also known as 75 % Street), for property owners, Patricia G. Koval and Barry D. Koval MEETING DATE: January 13, 2009 . Background: Mr. and Mrs. Koval have requested permission to maintain an existing section of their house, an existing frame shed, an existing wood fence, and an existing 5.1' section of a wooden walkway, upon a portion of the City's undeveloped right-of- wa~ known as a 10' Lane (also known as 75 % Street) located at the rear of 210 7St Street, Virginia Beach, Virginia. These encroachments have existed for many years. Mr. and Mrs. Koval applied for this encroachment in May 2007. During the review process, it was determined a variance would need to be obtained before going to Council. A BZA variance was approved on August 20,2008. Staff recommended to the applicants that they should apply for a street closure for their portion of the alley to remove a cloud on their title. Applicants have determined that the BZA variance and an encroachment agreement are the course they prefer to take. . Considerations: City staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. . 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, Location Map, Plat, Pictures Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Work City Manager. K. . ~~ ~ f q,,,,,,- 1 Requested by Department of Public Works 2 3 4 AN ORDINANCE TO AUTHORIZE 5 TEMPORARY ENCROACHMENTS 6 INTO A PORTION OF THE 7 UNDEVELOPED RIGHT-OF-WAY 8 KNOWN AS A 10' LANE (ALSO 9 KNOWN AS 75 % STREET) BY 10 PROPERTY OWNERS, PATRICIA G. 11 KOVAL AND BARRY D. KOVAL 12 13 14 WHEREAS, PATRICIA G. KOVAL AND BARRY D. KOVAL desire to maintain an 15 existing section of their house, an existing frame shed, an existing wood fence, and an 16 existing 5.1' section of a wooden walkway, within the City's undeveloped right-of-way 17 known as a 10' Lane (also known as 75 % Street), located at the rear of 210 76th Street, 18 in the City of Virginia Beach, Virginia; and 19 20 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 21 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 22 City's right-of-way, subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof contained in 99 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Patricia G. Koval and Barry 28 D. Koval, their heirs, assigns and successors in title, are authorized to maintain 29 temporary encroachments for an existing section of their house, an existing frame shed, 30 and existing wood fence, and an existing 5.1' section of a wooden walkway, in a portion 31 of the City's undeveloped right-of-way as shown on the map marked Exhibit "A" and 32 entitled: "PHYSICAL SURVEY OF LOTS 22, 23 & PART OF LOT 24 SHORE REALTY 33 CORP. VIRGINIA BEACH, VIRGINIA FOR BARRY KOVAL & PATRICIA KOVAL", a 34 copy of which is on file in the Department of Public Works and to which reference is 35 made for a more particular description; and 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and Patricia G. Koval and Barry D. Koval (the "Agreement"), 40 which is attached hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 43 is hereby authorized to execute the Agreement; and 44 II i I II I 45 46 47 48 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Patricia G. Koval and Barry D. Koval and the City Manager or his authorized designee execute the Agreement. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day CA-10329 X:IOIDlREAL ESTATElEncroachmenlslPW OrdinanceslCA10329 Koval Ordinance.doc V:lapplicalionslcilytawprodlcycom32lWpdocslDOl OIPO04100069406, DOC R-1 PREPARED: 10/10/08 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ na . armeyer, Assistant City Attorney PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 10th day of November, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PATRICIA G. KOVAL AND BARRY D. KOVAL, 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 those certain lots, tracts, or parcels of land designated and described as "LOTS 22, 23 & EASTERN 15 FEET OF LOT 24" as shown on that certain plat entitled: "SHORE REALTY CORP. PRI.NCESS ANNE CO. VIRGINIA" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at Page 124, and being further designated, known, and described as existing undeveloped City right-of-way known as a 10' lane (also known as 75 ~ Street), Virginia Beach, Virginia 23451; WHEREAS, the Grantee was granted a variance from minimum setback requirements by the Board of Zoning Appeals on August 20,2008; WHEREAS, it is proposed by the Grantee to maintain an existing section of their house, an existing frame shed, an existing wood fence, and an existing 5.1' section of a wooden walkway, collectively the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2419-67-0003-0000 (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) II I II I WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing undeveloped City right-of-way known as a 10' lane (also known as 75 % Street), the "Encroachment Area"; and 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 accruing or to accrue to the Grantee and 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 maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 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 Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOTS 22, 23 & PART OF LOT 24 SHORE REALTY CORP. VIRGINIA BEACH, VIRGINIA FOR BARRY KOVAL & PATRICIA KOVAL" a copy of which is attached hereto as Exhibit "A" and 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. 2 It is further expressly understood and agreed that the Temporary Encroachment herein 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 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 construed 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 and keep in force 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 named 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 3 II! I II I 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 assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of th e Temporary Encroachment. 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 each 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, Patricia G. Koval and Barry D. Koval, the said Grantee, 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) 4 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 ,2009, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, 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 Number: My Commission Expires: 5 III I II I STATE OF CITY/OOldr~TY OF V.....ra:... . to-wit: The foregoing instrument was acknowledged before me this JeJh day of ~4~ .2008, by Barry D. Koval. ~ ~ ~JlC Notary P lie Notary Registration Number: 22.'~~~ My Commission Expires: 5.~..t- !o, :la'1 STATE OF CITY/CQlJ~Q:~ OF V.......;;.-...a.. . to-wit: The foregoing instrument was acknowledged before me this .tIA day of ~"~6A. . 2008, by Patricia G. Koval. ild. ~ ~ ~~~~ ~llc Notary Registration Number: ~::U..+l My Commission Expires: ~ r- .so :t_ I , APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~.- ~~ C-~6A. SIGNATURE plJ) REAl E d-ati DEPARTMENT 6 4h\'bi"+ A 'ftIIS IS W .......w ~ I. OK OCT. 10. 8001I. SU1I'fBYBD~ SSOIfII JIBBBOIl AIID ~ 'DIB '!DIlI.UJIIS ARD !'Il'lll1ClI. - AS SSOIfIIIIBBBOH' 'DIB JIIl'IIO'9ilIII srARD SftIIC'ILY 1rmJDI 'DIB '!DIll UJIIS AIID 'rBBIlB _ \10 ~ IfF _ )IIlIUIIIIllS BlCEPt AS SJIOlIII. . SIGNSD: ~-/;P?,Ab:Y~ NOTES: 1) 1HE PRClfIERlY SHOVM HEREON N'PEJltS to UE IN .IE' fLOOD ZONE ~G 10 F.EJLA. YAP pANEL MO. 515531-ocn8E. REVISED 'DECo 5. 1996. 2) llIS SURVEY WAS PERfQRtttED YftHOUT 'tHE 1lOIEflT CE . A mu: REPORT. AND MAY MOT 9tOW ANV/NJ. EASEYeMlS AFf'EC1lKO 1HE PROPERlY. 0.6' .. LOT 21 625,00' 10 PJ. Of A1\.AN1\C Ave. DAlE: OCT. 10. 2006 . SCALE: ,. - 7Jf M01E: ~ fUT SEE w.e.7 PG.124 VA. SEACH. VA. DRAWN BY: o.s _~A ~I j,~1 D~ .0 o l\ 2 stORY CIl ~. ia It 1Plf) 76TH STREET (80' R/WJ PHySICAL SURVEY OF lOTS 22.. 23 & PART OF LOT 24 SHORE RE/d.lY CORP. 'J\RGlNlA BEACH. \l\RGlNlA fOR BARRY KOVAL & P A TRtClA KOV^L 'WARD M. HOUlJS LAND BUKV&YOB. p ~c. .._ GJWUIY S'fBaB'f . NOUQlS. VJIG1NU. 2a6OS . 761-480-1250 REMAINDER Of LOT 24 '0 o tri GO plf) ~ NO. 06\781 II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Theme Restaurants, Inc., tla " Giardino Ristorante Two Temporary Franchise Agreements for an Open Air Cafe in the Resort Area MEETING DATE: January 13, 2009 . Background: On April 30, 2004, Theme Restaurants, Inc., tla " Giardino Ristorante ("II Giardino"), was granted two franchise agreements for (1) an Atlantic Avenue side walk open air cafe and (2) an Atlantic Avenue side street open air cafe, located at 910 Atlantic Avenue (collectively, "franchise agreements"). The franchise agreements expired in 2005 and were not renewed by the City because the cafe did not comply with the Open Air Cafe Regulations. The cafe was constructed as a permanent structure with a solid roof, side walls, flooring, and heating and air conditioning. The Regulations require that open air cafes be constructed with canvas roofs, removable side walls, and non-permanent flooring. In an effort to bring /I Giardino into compliance with the Regulations, City Council granted " Giardino two short-term franchise agreements on September 2, 2008. The franchise agreements were conditioned upon II Giardino removing the existing, non-conforming cafe structure by December 31,2008, and any new structure built by " Giardino was required to fully comply with the Regulations. ' . Considerations: The non-conforming cafe has been removed from the public right-of-way. "Giardino has not yet begun construction on the new open air cafe structure. As such, the Convention and Visitors Bureau is proposing to grant" Giardino two additional temporary franchise agreements, effective upon execution in January 2009, through April 30, 2009. In the event that a new II Giardino open air cafe is constructed and is compliant with the Regulations by April 30, 2009, /I Giardino may be eligible for open air cafe franchises with five year terms. Ordinarily, cafe franchises run from May 1 to April 30, so issuance of franchises to " Giardino beginning May 1 would put II Giardino on the same schedule as all other cafe franchises. Staff will return to Council in April with the proposed five-year franchises if " Giardino remains in compliance. Like all businesses that are granted cafe franchises, II Giardino will be required to execute a bond or letter of credit in favor of the City in the amount of ten thousand dollars ($10,000). . Public Information: A public notice was published on January 4, 2009 and January 11,2009, as required by Virginia Code 915.2-1800. . Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Convention and Visitors Bureau City Manage. I / ~ ~~, L1J~ II 1 AN ORDINANCE GRANTING THEME 2 RESTAURANTS, INC., TIA IL GIARDINO 3 RISTORANTE, TWO TEMPORARY 4 FRANCHISE AGREEMENTS FOR AN OPEN 5 AIR CAFE IN THE RESORT AREA 6 7 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 8 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 9 from time to time ("Regulations"), for the operation of open air cafes on public property; 10 and 11 12 WHEREAS, on April 30, 2004, Theme Restaurants, Inc., Va II Giardino 13 Ristorante ("11 Giardino"), was granted two franchise agreements for (1) an Atlantic 14 Avenue side walk open air cafe; and (2) an Atlantic Avenue side street open air cafe, 15 located at 910 Atlantic Avenue (collectively, "franchise agreeme'nts"); and 16 17 WHEREAS, the franchise agreements expired in 2005 and were not renewed by 18 the City because the cafe did not comply with the Regulations; and 19 20 WHEREAS, in an effort to bring II Giardino into compliance with the Regulations, 21 City Council granted II Giardino two short-term franchise agreements on September 2, 22 2008; and 23 24 WHEREAS, the franchise agreements were conditioned upon II Giardino 25 removing the existing, non-conforming cafe structure by December 31, 2008, and any 26 new structure build by II Giardino was required to fully comply with the Regulations; and 27 28 WHEREAS, as of December 29, 2008, the non-conforming cafe has been 29 removed from the public right-of-way; and 30 31 WHEREAS, currently, II Giardino has not yet begun construction on a new open 32 air cafe; and 33 34 WHEREAS, the Convention and Visitors Bureau recommends that the above- 35 referenced entity be granted two additional temporary franchise agreements, effective 36 upon execution in January 2009, through April 30,2009; and 37 38 WHEREAS, in the event that a new II Giardino open air cafe is constructed and is 39 compliant with the Regulations by April 30, 2009, II Giardino may be eligible for open air 40 cafe franchises with five year terms. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH: 44 45 That the City Council hereby grants two temporary franchise agreements to 46 Theme Restaurants, Inc., Va II Giardino Ristorante, subject to the terms and conditions 47 of the franchise agreements and all ordinances, resolutions, and regulations applicable 48 to open air cafes. 49 51 Adopted by the City Council of Virginia Beach, Virginia on this 52 January, 2009. nvention and Visitors Bureau Approved as to Legal Sufficiency: A. ~ <;..-. City Attorney' Office wed as to Content: CA 10967 R-2 December 30,2008 day of II ~i.i'" ~%'~~. ...:;~ flr"'- fT. ~\~ \~\~ i''jJ \.'., .U L\;. ~"'J-:' l.,:0,~...~1.'...:oY -.......~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Capital Project 3-124 CIT - COPS Interoperable Communications Technology Grant - Phase II MEETING DATE: January 13, 2009 . Background: The City of Virginia Beach is currently implementing a three year ORION Phase II CIP project (3-124). It is a regionally oriented 700MHz network necessary for establishing and maintaining emergency communication continuity between intra- and inter-city public safety departments. There are seven participating cities (Virginia Beach, Norfolk, Suffolk, Chesapeake, Portsmouth, Hampton, and Newport News), and each has a match requirement. The federal appropriation was tied to the receipt of $300,000 matches from each city. The original schedule identified each participating city's contribution date and match. The City of Chesapeake had projected an FY 2009-10 contribution, and appropriately, the federal funding would have been available during the same fiscal year. To' date, Chesapeake and all other cities (with the exception of Portsmouth's planned $50,000, FY 2009-10, final contribution) have paid their match. . Considerations: The COPS Interoperable Communications Technology Grant award is $6,000,000 with a regionally required match of $2,139,100. With the early Chesapeake match, the program can be accelerated. The FY 2008-09 appropriation amount will increase $1,440,000 from $2,510,000 to $3,950,000. Accordingly, with the adoption of the FY 2009-10 CIP, project 3-124's appropriation will be adjusted downward to reflect the accelerated FY 2008-09 schedule. The new appropriation amount, per fiscal year, will be: FY 2007-08 $4,139,100 FY 2008-09 $3,950,000 FY 2009-10 $ 50,000 Total available funds will remain the same at $8,139,100. No additional local funds will be required. . Public Information: Public Information will be handled through the normal Council Agenda public information process. . Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Communications and Information Technology (Co~~ CIty Manager~s ~ .~~ b~t-f\ 1 AN ORDINANCE TO APPROPRIATE FUNDS TO CAPITAL 2 PROJECT 3-124 CIT COPS INTEROPERABLE 3 COMMUNICATIONS TECHNOLOGY GRANT - PHASE II 4 5 6 WHEREAS, the U.S. Department of Justice has allocated an Interoperable 7 Communications Technology Grant to the City of Virginia Beach for supporting regional 8 efforts to provide for Phase II equipment supporting the regional communication 9 network. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 (1) That $1,140,000 is hereby accepted from the U.S. Department of Justice and 15 appropriated to Capital Project #3-124 CIT - COPS Interoperable Communications 16 Technology Grant - Phase II, in the FY 2008-09 Capital Budget, with revenue from the 17 federal government increased accordingly. 18 19 (2) That $300,000 is hereby accepted from the City of Chesapeake and 20 appropriated to Capital Project #3-124 CIT - COPS Interoperable Communications 21 Technology Grant - Phase II, with revenue from the local government increased 22 accordingly. 23 24 (3) That Capital Project #3-124 CIT - COPS Interoperable Communications 25 Technology Grant - Phase II will be reduced by $1,440,000 in the FY 2009-10 Capital 26 Improvement Program. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: Dt1~Q.~ APPROVED AS TO LEGAL SUFFICIENCY: R~ City Attorney's Office k--- Management Services CA 10956 R-2 December 30,2008 II r ~h ,{~~~.."... .....~...;?l, [,;.Orl't~. ~ .~~) ,.f; ,''''> (Vi. >) (' '!"'l""" j') '\;..~ i.J'jJ ~;-'~""J" 0:.~~.r ~ \. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance to Appropriate Funds from the Oyster Heritage Trust Fund MEETING DATE: January 13, 2009 . Background: The City of Virginia Beach established an Oyster Heritage Trust Fund for the purpose of collecting donations dedicated to the restoration of oyster habitat and oysters in the Lynnhaven River watershed. To date, the Oyster Heritage Trust has received a total of $565,683 in donations from private donors to support this goal. In conjunction with the Trust Fund, the Department of Planning and Community Development has developed an Oyster Heritage Plan with the assistance of various agencies of the Commonwealth of Virginia, the U.S. Army Corps of Engineers, NOAA, Lynnhaven River NOW, and the Chesapeake Bay Foundation. A total of $305,000 has been appropriated to date from the Trust Fund to develop the plan, and has resulted in the identification of multiple sites in the Lynnhaven River watershed for construction and seeding of oyster reefs. These efforts began in the summer of 2002 and have resulted in the construction of over 10 acres of oyster habitat. The U.S. Army Corps of Engineers has been successful in acquiring federal Chesapeake Bay oyster restoration funding for the next fiscal year, dedicated to the Lynnhaven watershed. Concurrently, the Lynnahven River NOW group is pursuing a grant to construct an additional' reef in the Lynnahven River watershed and has developed a model oyster shell recycling program in partnership with the City, the first of its kind in the Commonwealth. . Considerations: City staff has been working to develop a cost sharing arrangement as part of the Oyster Heritage Plan which accomplishes multiple outcomes. First, the completion of previous oyster reef projects established a sound model for future oyster reef restoration efforts in the Lynnhaven watershed. Second, the ongoing oyster heritage plan and strategy represents a significant effort by the City to continue to address restoration of the environmental quality of the Lynnhaven River watershed, and shows local commitment to achieving the objectives of the Chesapeake 2000 agreement. This agreement is dedicated to restoring the health of the Bay. Third, this year's proposed oyster heritage projects link directly to a major step forward on an integrated strategy, which is being developed for environmental restoration of the Lynnhaven by working to prioritize efforts at restoration within those areas of the watershed which exhibit the least severe water quality problems. As a result of new research, the Lynnhaven watershed has been recognized as a prime spot for oyster restoration for the entire Chesapeake Bay because it is a trap estuary with high salinity, had historically high populations of native oysters, and has considerably higher oyster recruitment today than many other sites in the Chesapeake Bay. This year's project consists of three parts: (1) The continuation of a pilot oyster shell education and recycling program initiated last year between the Lynnahven River NOW community watershed organization and local restaurants to reclaim shell destined for tf:le City landfill for reuse in creating additional oyster habitat after proper curing; (2) Providing funding assistance to the Lynnahven River NOW organization for the construction of reef as habitat for native oysters adjoining one of the marsh islands near Long Creek channel in Lynnhaven Bay, anticipated to be completed this year; and (3) Providing funding assistance to the Virginia Marine Resources Commission which will provide cash matching funds to augment the Commonwealth's match of oyster shell to the Corps of Engineers to undertake the construction of approximately 111 acres of reefs as habitat for native oysters in the Lynnhaven. Construction of the reefs using fossilized oyster shell is expected to begin in winter 2009. The reefs will be seeded with wild stock Lynnhaven spat-on-shell oysters in later summer 2009, and the Corps anticipates that the first spat set will occur in 2010. The total cost of this year's proposed Oyster Heritage projects in the Lynnhaven River watershed is $126,539. . Public Information: Public information will be provided through the normal Council Agenda process. . Alternatives: Alternatives to this approach considered by staff included a "No Action Alternative" and several less comprehensive oyster reef project alternatives. These alternatives were not deemed to accomplish the intent of the project as selected, inasmuch as they were less likely to garner strong support at the State or Corps level, were less likely to best utilize available funding assistance, or because they did not allow for accomplishing multiple outcomes as would be possible with the preferred alternative. . Attachments: Ordinance Recommended Action: Approval T , ; Submitting Department/Agency: Department of Planning and Community Development j }tJ City Manager: ~ k · ~lJ'Il'2., II i I II I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE OYSTER HERITAGE TRUST FUND WHEREAS, the City wishes to provide $126,539 from the Oyster Heritage Trust Fund to support the efforts of increasing oyster habitat in the Lynnhaven River watershed and continuing the oyster shell recycling program being undertaken by the U.S. Army Corps of Engineers, the Virginia Marine Resources Commission and Lynnhaven River. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $126,539 is hereby appropriated from the Oyster Heritage Trust Fund to the Department of Planning and Community Development's FY 2008-09 Operating Budget for the construction of Oyster Reefs in the Lynnhaven River watershed and to continue the Oyster Shell Recycling Program Requires an affirmative vote by a majority of all of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~. ~~l-- Management Services CA 10958 R-2 December 9, 2008 I I ~ I II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution in Support of Families Affected by Autism Spectrum Disorders MEETING DATE: January 13,2009 . Background: Autism is one of the fastest growing bio-neurological developmental disabilities in the world, affecting 1 in every 150 children. This disorder impacts a person's ability to communicate effectively and interact with other people. Currently, coverage of health care, behavioral, and psychotherapeutic services for autism and other diagnosed developmental delays is limited, inconsistent, or excluded altogether by private health plans and insurers, leading to denial of coverage and leaving families with lost time and no services. Although state law does not currently require insurers to provide this type of coverage, such coverage is included as part of the health care plans provided by the City of Virginia Beach to City and School employees. . Considerations: The attached resolution supports an insurance mandate for autism treatments and therapies in Virginia and calls upon state legislators to work towards enactment of a bill mandating health insurance coverage for autism spectrum disorder. . Public Information: This item will be advertised in the same manner as other agenda items. . Attachments: Resolution Requested by Mayor Sessoms 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 REQUESTED BY MAYOR SESSOMS A RESOLUTION IN SUPPORT OF FAMILIES AFFECTED BY AUTISM SPECTRUM DISORDERS WHEREAS, autism is one of the fastest growing bio-neurological developmental disabilities in the world, which impacts a person's ability to communicate effectively and interact with other people; and WHEREAS, the Centers for Disease Control has labeled autism an epidemic, affecting 1 in every 150 children in the United States, and over 1.5 million Americans have some form of autism; and WHEREAS, with early diagnosis and intervention and appropriate services and support, individuals with autism can lead distinguished, productive lives in their communities and strive to reach their fullest potential; and WHEREAS, coverage of health care, behavioral, and psychotherapeutic services for autism and other diagnosed developmental delays is limited, inconsistent, or excluded altogether by private health plans and insurers, leading to denial of coverage and leaving families with lost time and no services; and WHEREAS, City Council supports efforts to ensure appropriate and equitable coverage by private health plans and insurers for the diagnosis and medically necessary treatment of individuals with autism and other disorders causing developmental delays. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Virginia Beach, Virginia expresses its support of an insurance mandate for autism treatments and therapies in Virginia and calls upon state legislators to work towards enactment of a bill relating to mandating health insurance coverage for autism spectrum disorder. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk shall provide a copy of this resolution to all members of the City's General Assembly delegation. of Adopted by the City Council of the City of Virginia Beach, Virginia, this ,2009. day APPROVED AS TO LEGAL SUFFICIENCY: ~~~ City Attorney's Office CA10970 R-1 January 6,2009 III I II I N. PLANNING 1. Application of HOWARD R. TABOR for a Modification of Condition No.3 and ADD others (approved by Council on May 25, 1999) re the addition of an LED monument-style sign at 300 South Rosemont Road, DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 2. Application of O'DOHERTY ENTERPRISES for a Conditional Use Permit re a home occupation ("car trunks", hope and blanket chest construction) at 345 Jacqueline Avenue. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROVAL 3. Application ofFRANKEE LOVE for a Conditional Use Permit re a Wedding Chapel in a retail center at 2973 Shore Drive. DISTRICT 5 - L YNNHA VEN RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, January 13, 2009, at 6:00 p.m. The following dpplications will be heard: ROSE HALL DISTRICT Howard R. Tabor Application: Modification of Conditions (approved by City Council on May 25. 1999) 300 S. Rosemont Road. AICUZ is 65-70. BA YSIDE DISTRICT O'Doherty Enterprises Application: Conditional Use Permit (home occupation) 345 Jacqueline Avenue. LYNNHAVEN DISTRICT Frankee Love Application: Conditional Use Permit (assembly use-wedding chapel) 2973 Shore Drive. AICUZ is Less 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 be examined in the Department of Planning or online at httD:/ /www.vbl!ov.com/DC For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon Dec. 28 & Jan. 4, 2008 19687897 I I ~ I II I - 31 - Item V-L2. PUBLIC HEARING ITEM # 45029 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Counctlman Ha"lSon, City Council ADOPTED Ordinance upon applicatIOn ofMAHMONDSHEHADEH - ROSEMONT SHEll, INC for a Conditional Use Permit ORDINANCE UPON APPUCATION OF MAROND SHEHADEH - ROSEMONT SHELL, INC, FOR A CONDIDONAL USE PERMIT R05992270 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA Ordinance upon applicatIOn ofMahmond Shehadeh - Rosemont Shell Inc , for a Conditional Use Permit for an automobile service station (auto repolr) at the northeast corner of Rosemont Road and South Plaza Tnal Said parcel is located at 300 South Rosemont Road and contains 31,851 square feet DISTRICT 3 - ROSE HALL The following conditions shall be required 1 The project shall be developed as depicted on the submitted site plans and rendenngs presented to the City Council and on file in the Planmng Department 2 No outstde storage lIehlcles or outside repair work shall be penmtted All vehicles scheduledfor repair must be stored Inside the service bays when the repoir facility IS closed. No auto body work IS permitted 3. The Zoning Administrator has indicated that there are two non- conforming free-standing Signs located on the site The Signs sh.U be removed and replaced With a Single fi'l!t! iJMntIr,,, lIr monument style Sign With landscaping. 4 Addlttonal plant matenal, to Include low level shrubs and annuals, shall be added to the exISting grassed areas along the roadfrontage Ye.r roulld shrubs shllll be includell. 5. TMre shllll be 110 truck relit.' aUowed This Ordinance shall be effective In accordance with Section 107 (f) of the Zomng Ordinance Adopted by the CounCil of the City ofVlrglma Beach, Vlrgima, on the Twenty-fifth ofMav. Nineteen HU1Idred and Nllletv-Nlne Voting. 10-0 (By Consent) Council Members Voting Aye LinWood 0 Branch. IlL Margaret L Eure. William W Harrison, Jr, Barbara M. Henley, loUIS R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf. Nancy K Parker, Vice Mayor William D Sessoms, Jr and A M "Don" Weeks Councl'Members Voting Nay None CounCil Members Absent: Harold HelSchober May 25. 1999 HOWARD TABOR Map G-7 Mop Not to Scole Howard R. Tabor D~~ - [[: I ~ ~ ~ 7ij";i.;~ N~.tQ ~\'~ ~O i , rQ \\~ 9 = -!!- Q..~ nut.! _~ -, 0 J31 ~~ ' O.!2I~.~ ~ W ("j r= Ii). ~..~' ~ -c - ... J' -Q'~ ~3 01 ~ - ~:-a ~ I\. ~,...... ~ ~ L " ~ B' cl8[jl ~:;!)6 [f~ .~ ~~- ~ ~"'~ -,,- Mr ' " , 1~ 005 o. """"'0 C I' ~'- ~ F1~ ,~ ~ -1. ~!l.18 \. ~.R -...~ .~ 81A 14 Ir lr'\'-" ~ - 1-- .11 "\. ru41L Jjjl~ , 3 ~1.- r i ~ ,'I. SOu,' "\. pQtZA. .-/ 7\ ~ ,Ul. i... . I -s:- ~ ~ '"'ll.r I.-.J ~~ -uc ~ sQ!JrJ!---..f1A ~ [\!. od ~ ., 018'~ ~ \ 7>\ ~ r\ ""." 'I" ~ i'IIb ~n:I~pD ,'< "'" j W .:r U\ - l'or - ...:!,~ .-' 0 ~ --' ~ _C 01 0":1 0 0 ~ R- ~ ',1)13 ~ m: ~ ~C .~ \ '- ;::IDl,~,~1.-. ... UIO,\ ..:\. J ~ ']: ~~~~:rl ~ ~~.~[ ~aJ .. 1< 001 \ )ool rr I..... :-::la L ~ n O~11 ,~ I Y'~ ~ ----' "--~\ Modification of Conditions Relevant Information: · Rose Hall District · The applicant requests modification of a condition of the 1999 Use Permit. · Condition 3 requires a monument style sign. · The applicant proposes an 8-foot high monument style sign with a LED electronic face. Modification of the Use permit is required due to the use of a LED face. · AICUZ is 65 - 70. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0) · There was no opposition. · Consent agenda. II i I II I ~ ~:I' ~.s,'2~, ~i .-; lJ l~ \"t.- r1 ~\~","'''''''~b ~.~...._~~ <It ~Il ..~..f' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOWARD R. TABOR, Modification of Conditions, (approved by City Council on May 25,1999),300 S. Rosemont Road. ROSE HALL DISTRICT. MEETING DATE: January 13,2009 . Background: A Conditional Use Permit for this site permitting an automobile service station with repair was approved by the City Council on May 25, 1999. The Conditional Use Permit has five (5) conditions. Condition 3 requires a monument-style sign. The applicant requests modification of that condition such that a monument-style sign with an electronic LED face may be used. . Considerations: The Modification to the Conditional Use Permit consists of replacement of an existing double-faced marquee sign on the site with a light-emitting diode (LED), electronic message center at the intersection of Rosemont Road and South Plaza Trail. The existing sign is twelve feet in height mounted on a pole that has a sheet metal covering. The submitted conceptual sign elevation shows the height of the proposed LED sign to be 8 feet. This proposed monument-style sign will be set on a brick base. The proposed sign location is in the same area of the existing sign. Additionally, an enhanced landscape area will be provided around the base of the sign. With this redesign, staff recommends that the proposed LED sign be approved with the conditions below. The Planning Commission placed this item on the consent agenda because the proposed sign, subject to the conditions below, is appropriate to the area and the use, and there was no opposition to the proposal. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. All conditions with the exception of Number 3 attached to the Conditional Use Permit granted by the City Council on May 25, 1999 remain in affect. 2. Condition Number 3 of the May 25, 1999 Conditional Use Permit is deleted and replaced with the following: Howard R. Tabor Page 2 of 2 Any existing non-conforming free-standing signs located on the site shall be removed and replaced with a single monument style sign with landscaping. The sign shall be developed in accordance with the submitted plans titled "Roving Auto 300 Rosemont Road; Virginia Beach, Virginia, Design Number 20560-R2", prepared by Cardinal Sign Corporation, dated 11-18-08. Said plans have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The following shall be considered additional conditions of the May 25, 1999 Use Permit: a. The monument sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign. The sign shall not have video playback capabilities' nor have any audio capabilities. Said sign shall replace the existing sign at the same location, and shall be no higher than eight (8) feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. The LED sign shall not advertise any other businesses other than the one on which the sign is located. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions). . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. approval. Planning. Commission recommends I tVtJ Submitting Department/Agency: Planning Department City Manager: ~ [, ~~ III I HOWARD R. TABOR Agenda Item 12 December 10,2008 Public Hearing Staff Planner: Karen Prochilo REQUEST: Modification of the Conditional Use Permit approved by the City Council on May 25, 1999 for automobile service station and repair. II I ADDRESS I DESCRIPTION: 300 South Rosemont Road. GPIN: 14876077750000 COUNCIL ELECTION DISTRICT: ROSE HALL SITE SIZE: 30,754 square feet SUMMARY OF REQUEST The Conditional Use Permit permitting automobile service station and repair was approved by the City Council on May 25, 1999. The Conditional Use Permit has five (5) conditions: 1. The project shall be developed as depicted on the submitted site plans and renderings presented to the City Council and on file in the Planning Department. 2. No outside storage vehicles or outside repair work shall be permitted. All vehicles scheduled for repair must be stored inside the service bays when the repair facility is closed. No auto body work is permitted. 3. The Zoning Administrator has indicated that there are two non-conforming free-standing signs located on the site. The signs shall be removed and replaced with a single monument style sign with landscaping. 4. Additional plant material, to include low level shrubs and annuals, shall be added to the existing grassed areas along the road frontage. Year around shrubs shall be included. 5. There shall be no truck rental allowed. Condition 3 requires a monument-style sign and is requested for modification to allow a monument style sign with an electronic LED face in its place. The proposed sign will be a total of eight feet in height. HOWARD R. TABOR Agenda Item 12 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: automobile service station and repair SURROUNDING LAND USE AND ZONING: North: . Across Victoria Drive is single family residential! R-7.5 Residential District . Across South Plaza Trail is a gas station and restaurant! B-2 Community Business District . Small retail strip! B-2 Community Business District . Across South Rosemont Road is retail! B-2 Community Business District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is impervious, as it is developed with a structure and paved parking area. There are no known significant natural resources or cultural features on this site. AICUZ: The site is bisected by an AICUZ of less than 65 dB Ldn and 65 to 70 dB Ldn surrounding NAS Oceana. This site is also in Sub-Area 3. IMPACT ON CITY SERVICES PUBLIC WORKS. MASTER TRANSPORTATION PLAN CMTP) I CAPITAL IMPROVEMENT PROGRAM CCIP): Traffic Engineering has reviewed this proposal. As a result of that review the following comments are provided: Trio Generation: There is no traffic impact associated with the proposed Modification of Conditions. The proposed sign will be located outside of the right-of-way and will not present a sight distance issue. Recommendation: Staff recommends approval of this requested modification, as conditioned below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The site is located in a Primary Residential Area. The Comprehensive Plan Policy states that "While signs are essential to the success of commerce, a balance must be struck between providing a reasonable opportunity to advertise and the tendency in some places to proliferate such signage. The size, number, HOWARD R. TABOR Agenda Item 12 Page 2 III I II I placement and quality of signs can either contribute or detract from the quality of community appearance. It is the intent of the City of Virginia Beach to reduce the negative community impacts created by poor sign arrangements and design." Page 177 Evaluation: The Modification to the Conditional Use Permit consists of replacement of the existing double-faced marquee sign on the site with a light-emitting diode (LED) electronic message center at the intersection of Rosemont Road and South Plaza Trail. The existing sign is twelve feet in height mounted on a pole that has a sheet metal covering. The submitted conceptual sign elevation shows the height of the proposed LED sign to be 8 feet. This proposed monument sign will be set on a brick base. The proposed sign location is in the same area of the existing sign. Under the ordinance requirement, a freestanding sign in the B-2 Community Business District is not to exceed 32 square feet per face and no free-standing sign shall exceed more than two (2) faces. This proposed sign will have only two faces. The dimensions of the entire sign, including its trim, measures 33.3 square feet, slightly larger than the allowed 32 square feet of sign face. Measuring only the sign face excluding trim, the sign is approximately 32 square feet, which is in keeping with the sign ordinance, The applicant has redesigned the new sign with a reduced in height of eight (8) feet and a residential style brick base. Additionally, a more appropriate landscaped area will be provided around the sign base. With this redesign, staff recommends that the proposed LED sign be approved with the conditions below. CONDITIONS 1. All conditions with the exception of Number 3 attached to the Conditional Use Permit granted by the City Council on May 25, 1999 remain in affect. 2. Condition Number 3 of the May 25, 1999 Conditional Use Permit is deleted and replaced with the following: Any existing non-conforming free-standing signs located on the site shall be removed and replaced with a single monument style sign with landscaping. The sign shall be developed in accordance with the submitted plans titled "Roving Auto 300 Rosemont Road; Virginia Beach, Virginia, Design Number 20560-R2", prepared by Cardinal Sign Corporation, dated 11-18-08. Said plans have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The following shall be considered additional conditions of the May 25, 1999 Use Permit: a. The monument sign proposed to be installed at the southwest corner of the site shall be substantially consistent with the submitted enhanced photo elevations of a light-emitting diode (LED) sign. The sign shall not have video playback capabilities nor have any audio capabilities. Said sign shall replace the existing sign at the same location, and shall be no higher than eight (8) feet. A landscape plan for plantings around the base of the sign shall be submitted to the Current Planning Division of the Department of Planning for approval. b. The LED sign shall not advertise any other businesses other than the one on which the sign is HOWARD R. TABOR Agenda Item 12 Page 3 located. c. The sign shall include a light-sensitive photocell feature that will reduce and increase the intensity of the LED output commensurate with the external ambient light level (LED output reduction for night and cloudy conditions and LED output increase for daytime sunny conditions ). 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. HOWARD R. TABOR Agenda Item 12 Page 4 \ AER\/lJ- OF SrrE LOCA1\ON - ---- \-lOW ARO R. ,. ABOR Agenda \tem '\ ~ pagel - - - II A( \!, VICT091A () <.( o rr . .. .(1.: >;' "~:.~.-:: . }....... , , , : .t~ l' iif, " :d . :,. 't UJ ~u .:) o iT , . , I- f .... h '". . ! I b:;j'i.:';.:':fr', ....f;' !,<, . -- ~,O- ~ F r -\ : l . I .: . {[;;~ :" ,\ .'" . I '10 ',~Y?:.~'-' , . < ,: ~i; ! " I ; .....'" I;__I -,.. <. o ~ Ll) 0) , "I . 1 "." LEOS. 'i . ....",. 19" , ..'( N.><- .:~",,,.L()catio" '.\ !\,. .... \.c, .' \; . '}. ~,.~_.,..':c. ' " .J a:: 'f! . l' '-.. . , /.. '. '!."iNI eli' i .; ''':}:'\\t~Jj . SOUTH I' J ... , ;-:,' 11 ",,- ,.. DR I V E ~'" ~. " ;J.~j , "l.l,.: '-;V'\~~~,; ; "~:':':_~":~'T'" --r----- . '", I /. I -:;j L' ...... -,.(,1'.' I' , ". I .} ',,:'~'~ ::' , j..... r-,-;.,,' .. 1 f 't '. .~~:" :....'.:.)';/;4/:;;. r:~;o' -i~ ',:...'/~';_ LJ' J I J , . I _ . 'I :. ,1t~.~<.~-''''_.--'''''''''''-=-' -r.. Ilf ~ ~l~, , t". '"'..4,R WASil ; ..~;- --., I ~ ,~ :; :, :: -.- ..~. f '" . .. j I:,,!, ('. f ~, Itl ,. "V 1\ J I. >' ~ :. ~,;~'."...."r .....1 j ,'.:. ~' Jf :;;: r:ui.:)'~, .e, ") -/'- ~.. ...... ;.;.... . r; . "'I l ) -~ <... () (') ( '...~ "... ~ ~) . . .'. . " :: C J g C; ~ ~, '1. - ,,:';'; I \ .' J. h , . .' 4. '}'f ~ '"r} Q) 0.< --.z:. ,{;: (*'1' it r . . . ./, J. j R "(J'.",;:--' -ff 'I " . .' ):. Y" ~~ ,: r:J'- ....~. ~'"/W:: .Jl . '.. + ." or. .1 . I ,',.= b,,'_ ...~ . - :./. ';Cd',) J :1.: / I 11~""'C"'< ['00' .,'., I'L ~./ l 1 <0 I 01" ,....__ "",' r-t.~' j! t . i ..1.... ~.-...-."i ." ' .i I' .,/ ' ;., '~"~, '-",:-... ; /:;j . , ". .. :'''' '-; "1 j :'): :t ..,.".... ,,}. I' .r:,... oi, ,. j"<< ';' ,. I .4.. ..~ '''r~ I J '! ~;'~',:: ,.., , h..! ~H. ~ ': - ... j,.: '11 VI j , , . ::1,j 1 I '! ' ---.t -.i14-/-~'~'------ 'I' ... ~~ "'~,-I',~' c., ,.. ~,...I(,'4:"'" :'_ :f;" ,;Sf:-o -:n"~'~..~l' , ,,' ~.. -, -, i' L /\ Z A TRI',IL PROPOSED SIGN ELEVATION HOWARD R. TABOR Agenda Item 12 Page 6 III I :.:r l.f) - ro ~ '0 ~ 0- ~ '0 -~ II I 96" .~ FUU COLOR LED SIGN D/F ILLUMINATED SIGN - FULL COLOR LED SIGN PROPOSED SIGN ELEVATION HOWARD R. TABOR Agenda Item 12 Page 7 Map G-7 Mop Not to Scole Howard R. Tabor ~~ ~ - ~ J ~. ~ (j ;;~ ~ ~~'I~ ~- ~rQ ~9 UJ \ == ~~~~ "\. nlltl. C""\ \ ~a lJ ft~ .. 01 _ - ..... I..L..J LJ.I h. ~rO u.: -.1")=== Pi- ,. r- ... ~~... ~~ ~~~!] J3' 0 - L ~ Q:[j:~ ~ ~ ~ i' "-~ ~~ lXi~IO ~ /7;).6 i...- wn N"'~ ~~ _;1'-".... ~ "- '1'.1 "" \" ,r...."'" . FI~ /liJ ~ . f81lSJ~"". :: ~ "il' \:_ ~BeBJ A-'C . fITATlC .~~ ! ).R~It"'~" ~ ~ 1 /Ht~, ~' \ ,,,,iJfj3 _ L ( rn. II '\ .!i O'l1Tlf"\. putZA '\ II. L - L...F--.... ^ t 7\ ' ~ " M~ pU7A' -.... \ i .-/ od \ ~ 1 nflQ -..;;I ~~~ "'\. L3 SOUTH,..- ..l ~6K . \l 'I D- -, ~ .\ 018' '-- 1~ ~ ~ ~ 7~'U ~\ ~~~~.~r\:. pci~~...'~~ "'f1I'Ii!O ~ 10 n~ U'\ - ~ r DN ?of-O R- ~ ~ ... '\.113 -"" ~I r-- '';1 .....L-" '"' on - U ~ ~''\ ~ Bi~ ()03 t1 J' ~~~d1~~cl'\J ~ D~ ~ ~~;n ~ I Gl' n.'04 {\ ~6 \'\"" 0 0 n. 02 't'L n La; Ut , ,,\.] V 001 "\~""\ l3\ ,I"" ~~ ~\n 1\ ~O()()' I~ C~J',~\ "' "",-~'" 1'>01 , \.~\ r Modification of Conditions 1 OS/25/99 Conditional Use Permit (auto repair & service station) Granted 2 09/28/93 Conditional Use Permit (church) Granted 3 07/10/89 Reconsideration of Conditions Granted 04/27/87 Conditional Use Permit (tire installation) Granted 4 08/17/81 Conditional Use Permit (qas bar & carwash) Granted ZONING HISTORY HOWARD R. TABOR Agenda Item 12 Page 8 III I z <=> I I rod c: ~ I I t-..:t ~ ~ ~ Z c::: ~ I I ~ I I ~ Z c=~ c: ~ ~ ~ Z ~ I I rd c: ~ I I ~ I I ~ <=> ~ II I DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) ,ioVJ,,- ft./..> e \"AI3.>t. f(l....s "I. ,), 2. List all businesses that have a parent-subsidiari or affiliated business entit/ relationship with the applicant (Attach list if necessary) 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 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) dX'bTf'l- --... /'.... I. ~L- 2. List all businesses that have a parent-subsidiari or affiliated business entit/ relationship with the applicant (Attach list if necessary) ~ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 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, what is the name of the official or employee and the nature of their interest? ModIfication of CondItiOns Application Page 100f 11 Revised 7/3107 HOWARD R. TABOR Agenda Item 12 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services. real estate services. financial services, accounting services. and legal services: (Attach list if necessary) 1 "Parent-subsidiary relationshi p" 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 92.2-3101. 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 othelWise share activities. resources or personnel on a regular basis; or there is othelWise a close working relationship between the entities." See State and local Government Conflict of Interests Act. Va. Code 9 22-3101 CERTIFICATION: I certify that the information contained herein IS true and accurate I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing. I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application ~ I~~"e,,- Applicant's Signature ~w1tW L -r...s:1) l Print Name 1> r ttttl Property Owner's Signature (if different than applicant) T)( {Vt~t: Pi'~k I ~ Modirocahon of Conditions Apphcahon Page 11 of 11 Revised 7/312007 z o I I ~ c:~ I I ~~ ea CI':J z c:=~ I I E--4 I I c:::::a Z c:=~ c: ~ ~ c:~~ z c:~~ I I Id c: ") I I ~ I I c:::::a o ::s HOWARD R. TABOR Agenda Item 12 Page 10 III I III Item #12 Howard R. Tabor Modification of Conditions 300 S. Rosemont Road District 3 Rose Hall December 10, 2008 CONSENT Joseph Strange: The next matter is agenda item 12. An application of Howard R. Tabor for a Modification of Conditions approved by City Council on May 25, 1999 on property on located at 300 South Rosemont Road, District 3, Rose Hall with three conditions. State your name please? Howard R. Tabor: I'm Howard R. Tabor. Thank you. Joseph Strange: Are the conditions acceptable? Howard R. Tabor: I have read them and they are completely acceptable. Joseph Strange: Alright. Thank you for coming today. Howard R. Tabor: Thank you. Happy holidays! Janice Anderson: Thank you. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Gene Crabtree to review this item. Eugene Crabtree: I'm well familiar with this piece of property. In fact, when I first saw this piece of property it was vacant, wooded, Rosemont Road was two-lanes. Waverly Drive in back of it was a dirt road, and it has progressed through many things since that time, service stations and various owners. Mr. Tabor recently bought the property. He asked and requested that he be allowed to put a LED sign up front which will conform more with our ordinances with signs in the city than the current sign does now. But what the application doesn't say is Mr. Tabor also is going to landscape that piece of property and to make it much more presentable. He is going to beautify the property to an extent that it will be a great improvement on the neighborhood and the area. I live less than two blocks away from here so I can attest that this is the history on this property, and it is going to be a great improvement. Therefore, we put it on the consent agenda. Joseph Strange: Thank you very much Gene. Chairman, I make a motion to approve agenda item 12. Janice Anderson: A motion by Joe Strange. Item #12 Howard R. Tabor Page 2 Barry Knight: Second. Janice Anderson: A second by Barry Knight. 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. I would like to thank you all for coming down. We appreciate it. O'DOHERTY ENTERPRISES O'Dohert'V Enterprises rl o~ QotF1 ~ ~. ~Il T ~ J 1CtJl :-; Qoo P otJ Q ~ 0 0 ~ [}J b ~ il ld DO oeu [jc oe() 8-;0 0[1 [;k Doot] @i a D OO~D OOJ 0 ~H ~ [2j ~~ ~I C 0 ~ Map E-6 Me Not to Seej.. tJG] II} p~ R: ~ot 0000 ID I Q[p~ [pooo 0 IlRri .50 Do~ 0 --. [] ;:J r-~A ,u 0 D~I~o ....0 @. ~ Icrt ~-, ..~ ~ [}ooo hJ D1D~ ~.- .II~ -.....- u<':' · I .....L IL 0 cr'eD nO~n a ~rtl\:> 0 ........ (] r' co - ;-""" D 0 -... o D 0 ~". ~ G;C~ aJr o~ GlI a O<{J ~H g ~N ~~~ nVL ~p [IN ~ I (j f) ~ :1n~1 rxt). ~ oreJ ~I ~ qll [1l all s: Gk o~ I~~ n1c GI-7~ ~ a-I ~ lQ~ 'ii1~ iJ II~I ~ ~Df] [iJ" ~ ~ .. ~ II~l~.. ~r() (11 tll) o -r~. .. ~o 11~\1 0 D oceJ Er co 0 ~Q~~ QJ'iJ OTI ~.a J;J ~- 11 r I II h TI n 345 jaque ine Ave. L Relevant Information: · Bayside District . · The applicant requests a Conditional Use Permit for a home occupation. · The applicant is a craftsman who constructs "car trunks," commonly known as hope chests and blanket chests. · The applicant proposes to meet with clients by appointment only, one (1) client at a time. · AICUZ is Less than 65. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · Consent Agenda. · No opposition. III I 1'1 .t~~~.,..~, ftJ ,. .,' . ". 9.' ~u .' >~ i.~. it ~.. >:7 ~:;.;r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: O'DOHERTY ENTERPRISES, Conditional Use Permit (home occupation - hope chests), 345 Jacqueline Avenue. BAYSIDE DISTRICT. MEETING DATE: January 13, 2009 . Background: The applicant requests a Conditional Use Permit for a home occupation. The applicant is a craftsman who constructs "car trunks," commonly known as hope chests and blanket chests. . Considerations: The applicant constructs and sells chests that are antique replicas of the trunks that were carried on the rear of automobiles, and are custom made. The applicant proposes to meet with clients by appointment only, one (1) client at a time. The applicant anticipates that no more than five (5) clients per day will visit his home It is not anticipated that the home occupation on this site will adversely impact any surrounding properties. The proposed use is consistent with the criteria outlined in the definition of "home occupation." In addition, Section 234 of the City Zoning Ordinance specifies the following standards for Home Occupation Use Permit: (a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however, this limitation shall not have application to family day- care homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. (c) No identification sign shall be permitted. However, as an exception, the City Council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up O'Doherty Enterprises Page 2 of 3 to one (1) sign, non-illuminated, not to exceed one (1) square foot in area, mounted flat against the wall of the residence. (d) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. Home occupations, such as this request, can be appropriate conditional uses within residential areas provided the above requirements are followed. The minimal activity expected by the applicant will not adversely impact the surrounding properties in any way. From the exterior of the house, business activity associated with the proposed home occupation will be virtually undetectable and the existing detached garage will serve as the work space for the applicant's small business. There will be no employees other than the applicant, and very few customers coming to the house, one (1) at a time, by appointment only. The Planning Commission placed this item on the consent agenda because the minimal activity expected by the applicant will not adversely impact the surrounding properties in any way, and there was no opposition to the request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. In accordance with Section 234 of the City Zoning Ordinance, not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in conjunction with the home occupation. 2. No permanent signs advertising the business shall be permitted, other than one (1) as specifically permitted under Section 234 of the City Zoning Ordinance, on the premises or installed on the lot or buildings on the lot at any time. 3. Sales to the general public of product or merchandise shall not be permitted on the property. 4. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the II i I II I O'Doherty Enterprises Page 3 of 3 neighborhood under normal circumstances wherein no home occupation exists. 5. All storage of materials, supplies and equipment associated with the requested home occupation use shall occur inside of the existing accessory structure. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. { Submitting Department/Agency: Planning Department / ~..tJ f City Manager. ~.~~ REQUEST: Map E-6 o ertv ntertJnses Me Not. t.o St:~l. ;~ El ij. .O' [}d ~ . Q,,f' rm ~. Q,; Ii b': [2\< 'Li Q" 'tJ ~ ~ ,plc "'i~ [1,JM 0 [j,J "tI li "[J t I~ 00 (] 1.rJ: "'0 a O[l g. 0"'0 ~ ~p (3,. 0 @H ~ [j- 'fl @B iff (f ol;;J 1'- 9~I~o ~o arI DJJ [g,. an ~ rf) !r::: re Y <>0 :n&= 1) Q. 'T'1 rf' '1!iI ~.j.90 Y: G 6.0 l~rIi!l ll, on i "tl :fl'!: .rl .- ''I!!' Jr& ::>0 :g" ~ :l ~ ~ @<"l ''/@ =-~ ~ ~'l..J ~ ~'fI @,J ~ ~ DO on i'J 0... ~ ~ . u ~ d.rJ Q ~ bL ~,() [j, ,bl c:i1o~ 0 0 0 ~~ limO 1J."'el rf 0 ~~: UUI ".II~"llnl~ I~ 345 Ja uetine Ave. O'D h E O'DOHERTY ENTERPRISES Agenda Item 6 December 10,2008 Public Hearing Staff Planner: Carolyn A.K. Smith Conditional Use Permit for home occupation q ADDRESS I DESCRIPTION: 345 Jacqueline Avenue GPIN: 14771633340000 COUNCIL ELECTION DISTRICT: BA YSIDE SITE SIZE: 12,518 square feet The applicant requests a Conditional Use Permit for a home occupation. The applicant is a craftsman who constructs .cartrunks," commonly known as hope chests and blanket chests. These chests are antique replicas of the trunks that were carried on the rear of automobiles, and are custom made. The applicant proposes to meet with clients by appointment only, one (1) client at a time. The applicant anticipates that no more than five (5) clients per day will visit his home. SUMMARY OF REQUEST LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAN.D USE AND ZONING: North: South: East: . Jeanne Street, single-family homes I R-7.5 Residential District . Single-family homes I R-7.5 Residential District . Jacqueline Avenue, single-family homes I R-10 Residential District . . Single-family homes I R-7.5 Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. There does not appear to be any significant environmental or cultural features on the property. O'DOHERTY ENTERPRISES Agenda Item 6 Page 1 II i I II I AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES TRAFFIC: The proposed use is not anticipated to generate traffic beyond that of a typical residential use. Jacqueline Avenue and Jeanne Street are two (2) lane local streets in the vicinity of this site. This section of Jacqueline Avenue has a 50-foot right-of-way width, and this section of Jeanne Street has a 60-foot right-of- way width. Neither streets is included in the MTP nor are there currently any CIP projects scheduled for these segments of Jacqueline Avenue and Jeanne Street. WATER & SEWER: This site is already connected to both City water and sewer. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan Map designates this site as being within the Primary Residential Area. The City's Comprehensive Plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods that make up the Primary Residential Area. The Comprehensive Plan recognizes the primacy of preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods. Evaluation: It is not anticipated that the home occupation on this site will adversely impact any surrounding. properties. The proposed use is consistent with the criteria outlined in the definition of "home occupation." In addition, Section 234 of the City Zoning Ordinance specifies the following standards for Home Occupation Use Permit: (a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however, this limitation shall not have application to family day-care homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. (c) No identification sign shall be permitted. However, as an exception, the City Council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one (1) sign, non-illuminated, not to exceed one (1) square foot in area, mounted flat against the wall of the residence. O'DOHERTY ENTERPRISES Agenda Item 6 Page 2 (d) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. Home occupations, such as this request, can be appropriate conditional uses within residential areas provided the above requirements are followed. The minimal activity expected by the applicant is not likely to adversely impact the surrounding properties in any way. From the exterior of the house, business activity associated with the proposed home occupation will be virtually undetectable and the existing detached garage will serve as the work space for the applicant's small business. There will be no employees other than the applicant, and very few customers coming to the house, one (1) at a time, by appointment only. Thus, based on these findings, Staff recommends approval. CONDITIONS 1. In accordance with Section 234 of the City Zoning Ordinance, not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in conjunction with the home occupation. 2. No permanent signs advertising the business shall be permitted, other than one (1) as specifically permitted under Section 234 of the City Zoning Ordinance, on the premises or installed on the lot or buildings on the lot at any time. 3. Sales to the general public of product or merchandise shall not be permitted on the property. 4. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 5. All storage of materials, supplies and equipment associated with the requested home occupation use shall occur inside of the existing accessory structure. 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. O'DOHERTY ENTERPRISES Agenda Item 6 Page 3 II i I 1'1 AERIAL OF SITE LOCATION O'DOHERTY ENTERPRISES Agenda Item 6 Page 4 ...L '._h_, _______.... ..,._ ) THIS IS ro CCRTlFY "1104.' 0," il~'Gusr .'~. 199~ $UR'f'~ THE: PROPERTY SUOMi ON rr.'S PLA T AND THA r ,It. : 'lJ" ~.Vf$ ~/'C Th~ I.~, ".S OF THE BUILDINGS ARE SHOttf/ ON mls PLA 1. 7hZ BUILDINGS STANL' ~:":'''~7:.r W!~,::.. ~l1t':"'.,: LINeS ANa THERE ARE NO EJ/cROA01J.tENTS OF OTHEH :s1J/LDINGS ON THE: P.~OPS.'N1Y C\Qi,'7 ~s 5/~,.'I"I/. Not,,: All FfInC_S Shown Aro 42" SlCNED: Chain Link Un/u. Not.d. M I Pin I FOllnd I _______J B ---'"1 I I I I gl ~I ~I -I I I I ! itl ~l ~I ~I ~ I N I I I N5'05'3C/'E ,~,O.OO' aL ;';;:~ '".~.=.~._~:_;:::::.~~:~:~=.~~-----2:iji;- ~Z;,d 'Pi~-~';~;~;~;II:,-:--____m r. ')r:1lnO!Jtt Ecu.mMI I~" !'3/~'~hv (~,' .', olllJ suf\'~"~ .. ........... .. ......- ~ . .L g ~ It) Q.) ~ ~~ g ~lr) tr) ~Cr) :-.::1 .... I4J V)tJ 30.7' ..... . " !S9.7' ~ Ol ~ ..,. ~ ~ ~ ~ l.rl ;:::-t- <Q) ~t '""::)L.: ~ '-::::.. Pin Found .9cJ. 00' .8/2Bi90\ST. & ~~~) ~--.- S!).05'JO.W TOO. 00' ,/~ICOUE LINE ..1 VENUE ~F}rm::f1/ )ilCQU//II(j .Llvenue) ,F;rrr;erly WO'i;)li'/o)Mn :Jvenue) SUBDIVISION OF' Physical Survey Ol Lor A.. BLOCK 76, l,/(.i-jr;o/./.t.; I,'!/./.AGE. Pin Found SECllON ELEVEN SITE SURVEY O'DOHERTY ENTERPRISES Agenda Item 6 Page 5 II: I II I M E6 O'D h E . ap - o ertv nter r>nses Map Not to Scale klmJ [D( 0>000 0 ~ ~ . t~El I'l,. J ~~::. QoI1 d'd ~~. 7~ \\ f~(l!" ~~ ~ ~ .50 -. ~ ~1 ~~ 9 QllO OOt] c;}c ~ K 0 a ~ Or Do~ " 0 ~Jr orr9 [}J c~ ld~ 0000 ~ oell 0000 10 I at .--. {.J (Jlo OCO l~r' o~ ~ 0000 ~o oOOI.lD l:;J D OOJ 0 ~pa ~ f"'i'ClPA Ie 0 ~ ~ ~ --= ~I [ @JH ~H --..=1 D~ .f1.lI:/ D~~~ I 0 21 ~ r-M"I L I OoP ~ ~ [] ~fJ I I O~ I.... ~ n 0 H if <>D ~ 1- ~ .~ or1 ~ q~ ..... ~ n08~ hG Ifill 0 !;:~ 1~Il1l o~ ~ Gh Oru J~ll yvu _n Q - .. II.; _"] u_ ~- ..~ I I~D G~ -- JJ 1!5J1 GI- ~~ .lX: 8-1 t~ ~~ ii ~ p~~ --=- ~~ cO g}J OTI ...... ull~ ~ ~DfJ @J\J ~ Ill' II' ~c - hJ ..... o 0 - cbJ b ~ I~ ~t ~{] (11 J;l 0,000 10 I I,," ~ - ...... 001& o 0 0 ~CO ~ [J D~ CI 0 C""l Ef 0 .., ~<.&< ~ --. .....l.- m 1.-5' u----u L 1 n I -. 1 I I L- -.- 'J<~ . U[lr Ii TV h --. 345 a ue ine Ave. J q No Zoning History to Report ZONING HISTORY O'DOHERTY ENTERPRISES Agenda Item 6 Page 6 II DISCLOSURE STATEMENT 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 properly owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other nincorporated organization, complete the following: ,1. List the property owner name followed by the names of all officers, members, trustees. partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary 1 or affiliated business entityl 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. 1 & 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 J( If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Apphcallon Page 9 of 10 Revised 7/312007 z <=> I I ~ C :) I I ~ =-- ea E--f ~ ~ =-- ~ CI':j ;::::J ~ <=> I I E--f I I ~ Z <=> c ) O'DOHERTY ENTERPRISES Agenda Item 6 Page 7 III I z o I I ~ U I I ~ ~ ea f--4 ~ ~ ~ ~ CI':} p ~ o I I f--4 I I Q Z o u 1'1 DISCLOSURE STATE 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) { r11~ 1 "Parent-subsidiary relationshi p" 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 9 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 con sidered 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 9 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the Instructions in this package The undersigned also consents to entry upon the subject property by employees of the Department of Plannrng to photograph and view the site for purposes of processing and evaluating this application. fE~Gvs c,'.k.~ Print Name ~ f1? Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/312007 O'DOHERTY ENTERPRISES Agenda Item 6 Page 8 c c C"1')""; J pO ~ 2, flIItr,~ ;z, :, '5'0<../) 5/ l/I r9iJe Afl RcJt1 o 'j)er-ts D. ._D cJ(-!,t Riff ~A .~ . ~ -mc~ (-!t:-Til2T A~ 57c.Y-c L \J ~. f;,f-~--. j) evtl. ) /1 C''^-; t1vl'O-o>>S AUD 4~ .~ \ cC' ~ ~ I ~ , DISCLOSURE STATEMENT O'DOHERTY ENTERPRISES Agenda Item 6 Page 9 II i I I II I Item #6 O'Doherty Enterprises Conditional Use Permit 345 Jacqueline Avenue District 4 Bayside December 10, 2008 CONSENT Joseph Strange: The next matter is agenda item 6. An application of O'Doherty Enterprises for a Conditional Use Permit for a home occupation on property located at 345 Jacqueline Avenue, District 4, Bayside, with five conditions. State youR name please? Fergus O'Doherty: My name is Fergus O'Doherty. Joseph Strange: Are the conditions acceptable? Fergus O'Doherty: Yes they are. Joseph Strange: Alright. Thank you very much. Fergus 0' Doherty: Thank you. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Dave Redmond to review this item. David Redmond: Thank you Mr. Strange. The applicant O'Doherty Enterprises requests a Conditional Use Permit for a home occupation. The applicant is a craftsman who constructs car trunks. I had to ask why they were called "car trunks." They are commonly known as "hope chests" and "blanket chests," and they are antique replicas of the trunks that were carried on the rear of automobiles. I learn something new every day. The applicant proposes to meet with clients by appointment only, one client at a time and anticipates that no more than five (5) clients per day will visit his home. The staff recommends approval of this request and the Commission concurs by consent. Thank you. Joseph Strange: Thank you Dave. Chairman, I make a motion to approve agenda item 6. Janice Anderson: A motion by Joe Strange. Barry Knight: Second. Janice Anderson: A second by Barry Knight. AYE 11 NAY 0 ABSO ABSENT 0 Item #6 O'Doherty Enterprises Page 2 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 6 for consent. FRANKEE LOVE Map H-2 Frankee Love Mo Not to Scola N-l~B- MI' ~- ,l~f a ou \, ~~ . ~' .~ =- __~ i1~~ q -.._ .~~ ~ ~~.. i~~ -~~- ;;f\_ ~~ · J · ''- n ......,1. ~\ ~ ;;;-- ~ ~ a f!ifJP r ;l ..:: ':I ~ ~ ....;... . <L-~ 1-":1l-\C2! ~ ~ "'I.}.!~\~ ~ ~ ~'O-;' T , --.... ~ r-g.-\.\>. to -.rT <;11 U~)~ 1 "lIT <;J ~ ~-- --=- :;;1 l..-trDI ~ ~r r ~\'~ ~ ,(~ \"t\ J:f:\ ';~" t'r --- ~ JB= R.. 7~ ~ V"J__~ ~ ~ - (~ .~t ~ ~ f '" 'I,f,,-l1l\\ . , ~' 0 ,., 0 "., , \ ,t:irJ -" fD_---\- . ~ ~ -:;;.. 'A ~@ rn....: .....v+ --~ I 1.( ... \\~\;;.... Q\\, .....- ~ o~ "~ ~I\lI 1":.J~ l ~ ~ ~" ~';',RJ"-- oj :;.;~~ Cf. 7~' ":co1 " \~~' . ~ ~~ \~~C:;~" "" ~ ~ ~ WI \.- t. . p''''' Ifi:l~ !'iC '" '" ~. 1!\\'- ~ ~~.Pr\~ - ~ ~), '" ___/3710 o~l\\' ~ ..,,\ ((\'i ::lP'I'" . '\ ~ ~ ~ ~ 1.J1.1r I,."d~ , (!, Cl ~ \ . ~ ~ t\~Prv 1\ \\ '1/lV" '"( ~ ,'{ ~:~ "\ ~ 111<; CUP for Assembly Use (Weddings) Relevant Information: · Lynnhaven District · The applicant requests a Conditional Use Permit for an assembly use (wedding chapel). · The applicant is a marriage commissioner who primarily handles small ceremonies, such as elopements. · There are no employees associated with this business other than the applicant. The hours are by appointment only. · AICUZ is Less than 65. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (11-0). · Consent Agenda. · No opposition. III I II I r ~ d:~:I~.~.~ is'1?b J?:r.-, . ~, (SJ -.' - . ~~ ~':L-.:.. :~ ,-..'" ;.1 1.\;10... ........~.~ 'X~~ CITY OF VIRGINIA BEACH AGENDA ITEM " '- ~ ITEM: FRANKEE LOVE, Conditional Use Permit (assembly use - wedding chapel), 2973 Shore Drive. AICUZ is Less than 65. L YNNHAVEN DISTRICT. MEETING DATE: January 13, 2009 . Background: The applicant requests a Conditional Use Permit to allow for wedding ceremonies to take place within a leased space of a retail center. The applicant is a marriage commissioner specializing in small weddings such as elopements. . Considerations: The applicant intends to use the leased space within the retail center primarily as an office. Most wedding ceremonies would take place on the beach at First Landing State Park but in the case of inclement weather, the applicant would like to offer the option to hold the ceremony in the office space. There are no employees associated with this business other than the applicant. The hours are by appointment only. The applicant's request to lease one of the existing strip commercial center's suites as an office space, to conduct very small wedding ceremonies, is of such low intensity that no negative impacts are anticipated. Given also that no building modifications are proposed to the commercial center or its parking area, no land use compatibility issues are anticipated to arise that depart from the vision established for this area in the adopted Shore Drive Corridor Plan and Design Guidelines. The Bayfront Advisory Committee reviewed the proposal, and there was concern regarding where guests would park when ceremonies occur at the beach. The applicant notes that weddings would take place at First Landing State Park. The limited number of participants in any ceremony will not compromise the limited parking at the beach. The Planning Commission placed this item on the consent agenda because the low intensity of the use will not result in any negative impacts to the other tenants in the retail center, and there was no opposition to the proposal. Frankee Love Page 2 of 2 . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. All necessary permits and a Certificate of Occupancy for this use shall be obtained from the Department of Planning I Permits and Inspections Division before occupancy and use of the building for a wedding ceremony. 2. The number of individuals attending a service within the leased space shall not exceed twelve. 3. Building signage shall conform to the City of Virginia Beach Zoning Ordinance and no signage advertising the business shall be permitted within the right-of- ways. 4. No outdoor amplified music shall be permitted. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: approval. Staff recommends approval. Planning Commission recommends 1\\ It Submitting Department/Agency: Planning Department CItyManag~ \L. ~~ II i I FRANKEE LOVE Agenda Item 9 December 10,2008 Public Hearing Staff Plar'lner: Karen Prochilo REQUEST: Conditional Use Permit for an assembly use (weddings) ADDRESS I DESCRIPTION: 2973 Shore Drive. GPIN: 14991978840000 14991977960000 14991967530000 II I COUNCIL ELECTION DISTRICT: LYNNHAVEN SITE SIZE: Total Site: 81,020 SF or 1.9 acres Lease Size: approximately 1,000 SF SUMMARY OF REQUEST The applicant requests a Condition~1 Use Permit to allow for wedding ceremonies to take place within a leased space of a retail center. The applicant is a marriage commissioner specializing in small weddings such as elopements. The applicant intends to use the leased space primarily as an office. Most wedding ceremonies would take place on the beach at First Landing State Park but in the case of inclement weather, the applicant would like to offer the option to hold the ceremony in the office space. There are no employees associated with this business other than the applicant. The hours are by appointment only. LAND USE AND ZONING INFORMATION SURROUNDING LAND USE AND ZONING: North: EXISTING LAND USE: Commercial retail center with surface parking South: East: West: . Across Shore Drive is multi-family residential / B-4 Mixed Use District with Shore Drive Corridor Overlay . Across Cape Henry Drive are single-family dwellings / R-10 Residential District · Across Sea Shell Road is retail / B-2 Community Business District · Across Urchin Road is a bank and duplex dwelling units / B-2 Community Business District & R-5D Residential Duplex District FRANKEE LOVE Agenda Item 9 Page 1 NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is impervious, as it is developed with structures and pavement. There are no known significant natural resources or cultural features associated with this site. AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Shore Drive in this vicinity is a four-lane divided arterial. The Master Transportation Plan (MTP) depicts the roadway as a 150-foot wide divided highway with a bikeway. Improvements to this section of Shore Drive are identified in the Shore Drive Corridor Improvements Plan Phase III and are currently listed as inactive. The proposed use will likely generate less traffic than a typical strip retail business. WATER & SEWER: This site connects to City water and City sanitary sewer. POLICE: No Police Department comments at this time. FIRE: Approval from the Permits and Inspections Division of the Planning Department is required. No additional Fire Department comments at this time. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: This proposal is located within the Bayfront Planning Area in a Primary Residential Area (Shore Drive Corridor Site 1). The land use plan policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the surrounding stable neighborhoods. The Comprehensive Plan land use policies established for the Bayfront Planning Area recognize that Shore Drive is primarily a neighborhood corridor and careful attention must be given to protecting the health and well being of those established neighborhoods, The character of those neighborhoods in many ways is defined by the unique positive relationship that exists between their residential and commercial components (p.95). Evaluation: The applicant's request to lease one of the existing strip commercial center's suites as an office space, to conduct very small wedding ceremonies, is of such low intensity that no negative impacts are anticipated. Given also that no building modifications are proposed to the commercial center or its parking area, no FRANKEE LOVE Agenda Item 9 Page 2 III I II I land use compatibility issues are anticipated to arise that depart from the vision established for this area in the adopted Shore Drive Corridor Plan and Design Guidelines. The Bayfront Advisory Committee reviewed the proposal, and there was concern regarding where guests would park when ceremonies occur at the beach. The applicant notes that weddings would take place at First Landing State Park. The limited number of participants in any ceremony will not compromise the limited parking at the beach. Staff recommends approval of this request with the conditions below. CONDITIONS 1. All necessary permits and a Certificate of Occupancy for this use shall be obtained from the Department of Planning / Permits and Inspections Division before occupancy and use of the building for a wedding ceremony. 2. The number of individuals attending a service within the leased space shall not exceed twelve. 3. Building signage shall conform to the City of Virginia Beach Zoning Ordinance and no signage advertising the business shall be permitted within the right-of-ways. 4. No outdoor amplified music shall be permitted. 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 al/ 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. FRANKEE LOVE Agenda Item 9 Page 3 ," \,~' .' .,. ".~,..,. ,,-. 'i..' "":" ,~".~. 0- ; , . "",,~,,>,,'df'':'lt~, ....___<".----]. . 1.\\.;. ~ ,,;~' 'l~'~~' <" ',~' ,,~~,,"'v ~'~'.' ~-~' '.,.,.,.,. l<: " ',," .tJ."~: ;." r" " "?~}}:.:' . \. \ :.;.: . .~\~ M \~~~ '~ l' , ;'. f .. I " ~J '1>: '. AERIAL OF SITE LoeA TION FRANKEELOVE Agenda Item 9 Page 4 I I ~ II I q " ; n~ .~~ ~:~'; ..;: _-.:--.: " 3tJOHS , ~ __._J *_.=~ ;.:?;:~_':--:~~,,:,~~~,~-==,;,;:=, _,;;#:<=c '. ,...- .. ~, ..... -c'i't ;!~ ~~t~;::;:;.fj1""f.+";=-~lf '...~., \J ,~ 2; :), ._. 1 l !::!., I .~{ _ ~! t ~~ ~~~!: i 1.< ~-~t .. 'W-- - .. ... ',I --l ~:; .ii :!' ....u ~i:.,- .. "...-~..~".." .. to ... "'1~"':1I:l 'I .1 "...lh.:...... 'f-1:l....:.;;....~'-="$ . C",:' , ! jl:H" ~ u 1'1 ~ 1\1 U --..,. ~~ 2-1 ~"11' '-'" '. ~," ;,., '-. ; j l' %. ,-,...- - ~. ....- ..:. .. 1-:1 - ; ~, ~ . f---.,......., '~~, ---I .. . ~ '.,! ;- ~'''j'~1 . ".1" :<.! . .. t-' W ,~:;r ~ .n .. +--: . I :, I ~-: .; J ~ -. \'; hi .=r; . ~ :11 ..:j .1_._- I. '0 Q) '3/1JtJO 't -~- . .-..- .....,.J -----.-- -.-- - -, i" 1":. . . '. :i :1 I ~ !i 0 .- :"ll:; I:, !.I ;. , , f 'I t-: ~ .~.: - I~i~ ' ;:t !11l!! 'lu ~ I ~~It : ult~: I ~ii'41 '. -.] I : . ! . f ! ~ 0 !: ,1 I, j f i 'I 1 , ! i,f '.' v / ' , .-'-' .!': -.. ~ ., ;1 " 1 .:\ <( 0 n. -' -' IU :t: ,. II) q IU III L.. . '0 · \tl .~ t;' -,.,.., -;'I .. I: ~.. ~I II i I, ,- , , ;;\ -. '. ~ I I I I , CAPE HENRY .! PROPOSED SITE PLAN FRANKEE LOVE Agenda Item 9 Page 5 PROPOSED SUITE LOCATION FRANKEELOVE Agenda Item 9 Page 6 II I II I Map H-2 Moo Not to Scole -t\ ;l\B-W ~\ J\ ~.J~. \' 'r' ~~ \\ \ \.\\ ~l\~' ~ca.\ ---d" ~ }'u ~\\ \ L a,~ ~~ rIA ~ ~ ~ ~ "1l 1:z:;r ....1. -~ ~ - ~~A r > ~ ~ ..\~ .. ol ~ "" ~ 8 ~ ' --. -~ ra 1\ _ ...~i ~! ~p.\~\~~~ ~ ~_~li~ a~~~~ ~::l ~I~ ~ o '~....rr.J.::..f;i" ~\ ~:t.P ,\ ~~, ~ ~]~ ~ \~_) ~ 'i' ~ ---=- ~ ~\W'IJ :.- 15f)) ~\' ~..L ~\ ::"0 11;\ (~__~ \ ~ \ l~~ ~ ~ ~('~ ~ ~ ~\ tr-l~ L ~ 7~fE ~r.-~ ~ ~ ~ __ ('1~.1 a:...P --" ';.. -q~P1 J; .J..oo" ~ ~ (~- 1'-1. 11\\\ ~~~ ~r-r ~1\9l1\- ~~ ~ ~ , C\ Ii! l)~~ \Q.A- ~c~ .-~ ::-'\\ ~ J'~ 1. .... ---f!::?: '/ I-p~ ~ -- ~ ~ '('\ . '\: rl~ .., ~-=-.2 \ . ~ ~ ii. ~,~~:;.;.. ""', ~\t.J ;; _~ i::: ~n\ -J ~ ~~~ .~-u~~ ~ ~'~ ~ --~r--i~~. ~ (~i.\fD \~~(D V i-- ~~~ '\~~:Ji~~ · '- (I ~ 1 .~ 1=Jt "\t \ l\(~ ~ ~~lt~ ~ e:J~~\~\~\\..l l 'Ih,[ ~, ,~07~ \ J IS ~:.;;>" ) ~_ \\ rJii2 ~~ P.>t 113-4 I d \\ f1fi J? ~ ~ ~ -"'" J'n\\ ~ - en ~ ~,~ /37[0.(1 ~ I j~t"....", ---- ~ ~ \ ~ I'Ck'\ \ {;1 ~u -~..r-- ,:;,; ..J"-- r"i ~ ,\ C5 0 -0 \\ \ ,r:- .....\~\~~l\'~llv:7I,J/~ 1ff'~~\ @D~~L 9 \\1 }\\ ~ Frankee Love CUP for A<;sembly Use (Weddings) 1 07/08108 Modification of Conditions Granted 06/09/98 Conditional Use Permit (Home for the aged, disabled & handicapped) Granted 2 12/03/02 Conditional Use Permit Multi-family dwellinQs Granted 3 11/27101 Conditional Use Permit Multi-family dwellinQs Granted 10102/01 Conditional Use Permit Multi-familY dwellinQs Denied 4 06/27100 RezoninQ from B-4 (SO to A-12 wi POH2 Overlay Granted 5 04/20/98 Conditional Use Permit (Miniature golf wi ice cream parlor) Granted 6 01/11/94 Conditional Use Permit (Church) Granted 7 08/21/90 Conditional Use Permit (Billiards) Granted ZONING HISTORY FRANKEE LOVE Agenda Item 9 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization. complete the following: 1. List the applicant name followed by the names of all officers, members. trustees, partners. etc. below: (Attach list if necessary) I '~~\ue \~,{lCl'" lUC~~\I\a~ LLi':' ;:r~4-I~it,~\lA.(CU,tl<1~V.t4\/I'L'- .~ "'. ....}.J '.J \, '-'1 (II\\"C" e. LI.'\Ie. (L",~,,::,{~ 2. List all businesses that have a parent-subsidiary1 or affiliated business entifi relationship with the applicant: (Attach list if necessary) ,--J c fJ t... 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 properly 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) J-- (,I) <.\('- fo f-t b ~ l 0 ~ 2. List all businesses that have a parent-subsidiary 1 or affiliated business entifi relationship with the applicant: (Attach list if necessary) ~heck here if the property owner is NOT a corporation. partnership, firm, business, or other unincorporated organization. 1 & 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 1.____ If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 z o I I ~ I I ~ ~ ~ ~ ~ ~ CI":) ~ ~ o I I ~ I I ~ Z o u FRANKEE LOVE Agenda Item 9 Page 8 z o I I 8 I I .....:I ~ ~ f-4 ~ g: ~ ~ ;::::> ~ o I I f-4 (-Yr\ ~\ rJL(.( I I Appli<:ant's Signature Q '". 't:cd:c L&ulh"- Z rty Owner's Signature (if different than applicant) o U ill I II I I DISCLOSURE STATEMENT ~ ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) :.J (Jt.) E:..- 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 hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Lf, -; .-,. u~ / , rn.i f\t<,t:'(: Print Name L.'t1dt( fcsf-.q AIJ54.IC'~~, Print Name L, \Ie Conditional Use Pe(m~ Apphcallon Page 10 of 10 Revised 71312007 FRANKEE LOVE Agenda Item 9 Page 9 Item #9 Frankee Love Conditional Use Permit 2973 Shore Drive Road District 5 Lynnhaven December 10, 2008 CONSENT Joseph Strange: The next matter is item 9. An application ofFrankee Love for a Conditional Use Permit for an assembly use (weddings) on property located at 2973 Shore Drive, District 5, Lynnhaven, with four conditions. Please state your name? Frankee Love: I'm Prankee Love, Beach Weddings Virginia. Joseph Strange: Are the conditions acceptable? Frankee Love: Yes they are. Joseph Strange: Alright. Thank you very much for coming. Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Kathy Katsias to review this item. Kathy Katsias: Thank you very much. This is a request from Frankee Love for a Conditional Use pennit for an assembly use, in other words, a w~ddiIlg chapel. The applicant requests a Conditional Use Permit to allow for wedding ceremonies to take place within a leased space of a retail center. The applicant is a marriage commissioner specializing in small weddings and elopements. The applicant intends to use the leased space primarily as an office. Most weddings will take place at First Landing State Park but in the case of inclement weather, the applicant would offer the leased space to hold for the ceremony. There are no employees associated with the business other than the applicant, and the hours are by appointment only. The staff has placed it on consent and we concur with staff. Therefore, it is on the consent agenda. Joseph Strange: Thank you Kathy. Chairman, I make a motion to approve agenda item 9. Janice Anderson: A motion by Joe Strange. Barry Knight: Second. Janice Anderson: A second by Barry Knight. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE II I II I Item #9 Prankee Love Page 2 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 9 for consent. i I ~ I 1'1 O. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION COMMUNITY SERVICES BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION II II II I P. UNFINISHED BUSINESS II i I I Q. NEW BUSINESS 1. ABSTRACT OF VOTES - Special Election - Member, House of Delegates, January 6,2009 !II II II I ABSTRACT OF VOTES cast in the City of Virginia Beach at the January 6, 2009 Special Election, for: , Virginia, MEMBER HOUSE OF DELEGATES 81 st District NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Barry D. Knight - R John M. LaCombe - D 1895 436 Total Write-In Votes [COMPLETE WRITE-INS CERTIFICATION, IF NEEDED] 4 [Valid Write-Ins + Invalid Write-Ins = Total Write-In Votes] ........................................ o Total Number of Overvotes for Office We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on January 6, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office in said election: Given under our hands this 7th A copy teste: day of January, 2009. , Chairman , Vice Chairman , Secretary Secretary, Electoral Board I i II II I R. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** III II i I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: 12/09/08 M B L D C E L E D H C R A W PAGE: I S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D VA CITY COUNCIL BRIEFING: COMMUNICATIONS/INFORMA TION Lyndon Remias, TECHNOLOGY AUDIT City Audit IlIA CITY MANAGER'S BRIEFING CAFR Patricia Phillips, Finance Director III/NNNI CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y E SESSION VI/F MINUTES November 25/December 2. 2008 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H/I PUBLIC HEARINGS ACQUISITION OF EASEMENTS - Cape I Speaker Henry Beach 2 RENTAL INSPECTION - Exemption of No Speakers Fees 3 LEASE OF CITY PROPERTY - 2181 and No speakers 2257 landstown Road 4 REAL and PERSONAL PROPERTY TAX No Speakers - Proposed Exemptions 5 EMERGENCY MEDICAL SERVICES No Speakers (EMS) Private Ambulance Service J/K/I Ord to AMEND Sec 16-12.7 of City Code ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y re Rental Inspection Fees CONSENT 2 Ord to ACQUIRE easements to protect ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y public's right at Cape Henry Beach 3 Ord to ACCEPT Deed of Dedication from ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y WBM, LLC re access to Norfolk Avenue CONSENT Trail (Shadowlawn) 4 Ord to ACCEPT land from Assem M. ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Amin for public access at 500 block of So CONSENT Lynnhaven Road along London Bridge Creek 5 Ord to ACQUIRE Parcel 2-A-2, Princess ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Anne Place at Heron Ridge Golf Course CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: 12/09/08 M B I! D C E L E D H C R A W PAGE: 2 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTiON VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D 6 Ord to ACCEPT pennanent drainage ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y easements on Goodspeed Road, Princess CONSENT Anne Hills 7 Ord to AUTHORIZE Bids For Lease at ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 3425 Clubhouse Road, Bow Creek, re cell CONSENT towers 8 Resolution to AUTHORIZE permit for ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Special ElIent Providers of Emergency CONSENT Medicine 9 Resolution to REFER to Plann Comm ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Northampton Boulellard Corridor CONSENT Strategic Growth Area Implementation Plan (Burton Station) 10 Ord to EXEMPT from ReaWersonal ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Property Taxes: CONSENT a. American Cancer Society, South Atlantic Division, Inc. b. Equi-Kids Therapeutic Riding Program c. Little Theater of Virginia Beach, Inc. d. Virginia Beach Events Unlimited Inc. II Ord to EXEMPT from Personal Property ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Taxes: CONSENT a. American Center for Law and Justice, Inc b. Battelle Memorial Institute c. Evelyn's Wildlife Refuge, Inc. d. First Landing Foundation e. Hope for Life Rescue, Inc. f. Let's Talk, Inc. g. Rampona Orphans International and Mission Fund h. Sun Wheelers, Inc. i. Tidewater Division, Mideast Region, of the National Model Railroad Association United in Him j. Virginia Beach Court Appointed Special Advocates, Inc. k. Virginia Beach, Educational Broadcast FOWldation, Inc. 1. Virginia Society for Human Life m. Educational Fund, Inc. (Tidewater Chapter) n. Young Musicians of Virginia, Inc. o. National Historic Aircraft Foundation DENIED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y p. Summer Shakes, Inc. CONSENT 12 Ord to APPROPRIATE $132,000 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y DEA funds to Commonwealth's CONSENT Attorney II i II i I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: 12/09/08 M B L 0 C E L E 0 H C R A W PAGE: 3 S I E J L N U N I T E 0 N 0 A 0 H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N 0 13 Ords re SCHOOL funding: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. APPROPRIATE $33,065,747 from School Special Revenue Fund re Capital Projects b APPROPRIATE $679,448/substitute fundimz re School renovations 14 Ord to TRANSFER $740,000 re r-o-w ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y acquisition for Southeastern Parkway and CONSENT B Greenbelt Project S T A I N E 0 ADDED Resolution naming the Central Library: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y "The Meyera E. Obemdorf Central library" CONSENT ADDED Resolution naming the garden at Red Wing: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y "The Reba S. McClanan Fragrance CONSENT Garden" VI MILITARY AVIATION MUSEUM MODIFIED 9-2 Y Y Y N Y N Y Y Y Y Y Modification! Addition of Conditions WITH ADDED (approved January 9, 2007) at 1341 CONDITIONS Princess Anne Road. DISTRICT 7 - PRINCESS ANNE 2 BUKOLA A. ODUYELU, D.D.S., P.c. APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y for a from R-20 to Conditional 0-1 at PROFFERED, 2264 London Bridge Road re an office BY CONSENT building at SGA 10, South Oceana Area. DISTRICT 7 - PRINCESS ANNE 3 501 22ND STREET, LLC from APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y A-12 to Conditional RT -3 at 50 I 22Dd Street PROFFERED, re showroom/office. DISTRICT 6 - BEACH BY CONSENT 4 AGAPE FULL GOSPEL APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y DELlVERANCE/WORSHIP CENTER CONDITIONED, CUP re church at 6620 Indian River Road. BY CONSENT DISTRICT 2 - KEMPSVILLE M APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S BEACHES AND WATERWAYS COMMISSION MlllfARY ECONOMIC DEVELOPMENT ADVISORY COMMnTEE TIDEWATER REGIONAL GROUP CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I DATE: 12/09/08 M B L D C E L E D H C R A W PAGE: 4 S I E J L N U N I T E D N 0 A D H U L W AGENDA E Z Y L N N 0 R E S 0 ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0 H L R Y S N F N A N D HOME COMMISSION COMMUNITY SERVICES BOARD APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Myra W. Jennings 3-year tenn 01/0 1/09-12/3 1/ II N/O/P ADJOURNMENT 10:09 PM Effective 1 January 2009: Virginia Beach City Council will hold Informal and Formal Sessions on the second and fourth Tuesdays of each month. Workshops will be scheduled for the first and third Tuesdays of each month per action taken 11. 18.08. A Special Formal Session will be held Monday, January 5, 2009 at 4:00 PM for the REORGANIZATION of City Council