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Home My WebLink AboutJUNE 23, 2009 AGENDA II CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" OTY COUNOL MAYOR WILLIAM D. SESSOMS .JR.. At-Large VICE MA YOR LOUIS R. JONES, Bayside - District 4 GLENN R. DA VIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Cellterville - District 1 BARBARA M. HENLEY, Prill cess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 23 JUNE 2009 II III I CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 1. CITY COUNCIL BRIEFING - Conference Room - 2:30 PM A. COMPENSATION BOARD POSITION REDUCTIONS John T. Atkinson, Treasurer II. CITY MANAGER'S BRIEFINGS A. ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL David Hansen, Deputy City Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips - Director, Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. 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 II V. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend James Pugh Calvary Baptist Church C. PLEDG1H; OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTlFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 9, 2009 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTIONS HONORING MEMBERS OF THE MINORITY BUSINESS COUNCIL a. Prescott Sherrod b. Luis A. Rivera 1. PUBLIC HEARINGS 1. SALE OF EXCESS PROPERTY - London Bridge Road 2. LEASE OF CITY-OWNED PROPERTY - Virginia Beach Farmers Market a Chapman's Flowers, Inc. b, Creekmore's Place c Country Butcher, Inc. d. Virginia Garden J. CONSK'JT AGENDA II III I K. ORDINANCESIRESOLUTIONS 1. Ordinances to AMEND the City Code: a. SS 16-47 and 16-54 re approval of maximum sales and rental prices for Workforce Housing b. S 37-21 re conservation of the public water supply c. S 21-240 re reimbursement of expenses incurred from emergency responses d. S 23-7 re obstruction of justice e. S 35-182 re admissions taxes f. Chapter 2 re purchasing from minority or woman-owned service disabled veteran-owned businesses 2. Ordinance DECLARING 2.228 acres ofland on London Bridge Road EXCESS and AUTHORIZING the City Manager to sell the property to Parrott Properties, LLC 3. Ordinance AUTHORIZING the City Manager to execute Leases at the Farmers Market for three (3) years each for: a. Michele P. Shean Spaces 23,24,27 Virginia Garden b. Country Butcher, Inc. Space 12 c. Elsie V. Creekmore Spaces 7,8 Creekmore's Place d. Kenneth A. Chapman Spaces 3, 4 Chapman's Flowers, Inc. 4. Ordinance AUTHORIZING the Director of Housing and Neighborhood Preservation to reimburse an employee $1,500 from the FY2008-09 Operating Budget for legal fees and expenses incurred in defense of the performance of his official duties 5. Ordinances AUTHORIZING temporary encroachments into a portion of City-owned property for: a. Gary Robinson to construct and maintain rip rap and a walkway at Lake Rudee at the rear of 606 Go1dsboro Avenue b. Charles Dale Everhart to construct and maintain two piers, gangway, floating dock and boatlift in Treasure Canal at the rear of 2213 Leeward Shore Drive 6. Ordinance PROVIDING for bids for a Lease of a portion of City-owned property at 320 Sandbridge Road (Sandbridge water tank site) re constructing, maintaining and operating wireless telecommunications facilities I, 7. Ordinance to APPOINT three (3) Viewers for one-year (1) terms beginning July 1,2009, re the closure of streets and alleys: a. Director of Planning 1:>. Director of Public Works c. Director of Parks and Recreation 8. Resolution re an application ofthe VIRGINIA BEACH SCHOOL BOARD to the Virginia Board of Education for a Literary Fund loan in the amount of $4,768,954 for school construction 9. Resolution EXTENDING the term of the Green Ribbon Implementation Committee to December 31, 2010. 10. Resolution SUPPORTING the Virginia Beach Community Development Corporation's (VBCDC) application for their Block Grant Neighborhood Stabilization Program funds in the amount of $1 ,500,000 re VBCDC Homeownership Program. 11. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a, $750,000 from the Capital Improvement Program (Fire Training Center Improvements, Phase III) to the Fire Department's FY 2009-10 Operating Budget to fund programs, services, training and equipment b. $188,950 interest free loan to the Ocean Park Volunteer Fire and Rescue, Inc. re the purchase of a replacement ambulance c. $83,200 to be returned from Information Technology to the CIT-Po1ice Te1estaff T&M Module and repurpose $539,760 to the Police DEA Seized Assets for a matching federal grant d $28,290 Cost Recovery Revenue to the Fire Department's FY 2008-09 Operating Budget and $1,781to the Fire Department's Gift Fund re designated expenditures e. $10,000 from the Second Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and donated to the Virginia Beach Health Department's Healthy Families Program f. $6,512 from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the FY 2008-09 Fire Department Operating Budget re deployment of the Virginia Task Force-2 (V A- TF2) Urban Search and Rescue Team L. PLANNING 1. A pp1ication of KATHY MAALOUF for an Expansion of a Nonconforming Structure at 1365 Goose Landing to enclose a front patio to be used as a home office. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL I' III I 2. Application of JACK FEREBEE, ET AL requesting a one (1) year extension to satisfy the conditions for the closure of a portion of an unimproved alley between 55th and 56th Streets from Holly Road to Myrtle Avenue, Ubermeer Subdivision re combining the alley with their adjoining lots DISTRICT 5 - L YNNHA VEN STAFF RECOMMENDATION APPROVAL FOR SIX (6) MONTH EXTENSION 3. Application of 5073 VIRGINIA BEACH BOULEVARD, L.L.C. for the Closure of an unimproved portion of Euclid Road adjacent to 5073 Virginia Beach Boulevard. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER for a Conditional Use Permit re a church at 461 A-B South Lynnhaven Road. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 5. Appplication of BLESSED HOPE CHRISTIAN CENTER for a Conditional Use Permit re a church at 5691 Web1in Drive. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of SOUTH UNIVERSITY BY EDUCATION MANAGEMENT CORPORATION for a Conditional Use Permit re a public or private college or university at 301 Bendix Road. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 7. Application of JIM WOOTTON for a Conditional Use Permit re a private boat dock at 1732 Lovetts Pond Lane. DISTRICT 5 - L YNNHA VEN DISTRICT RECOMMENDATION APPOV AL 8. Application of INDOOR KARTING CENTERS OF AMERICA, LLC / JLB PROPERTY ASSOCIATES, LLC for a Conditional Use Permit re an indoor commercial recreational facility at 2736 North Mall Drive. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 9. Application of THE HOPE LUTHERAN CHURCH for a Modification of Conditions (approved by City Council on May 15,1978, January 22, 1991, March 22, 1994, February 11,2003, January 8,2008) to expand the sanctuary, child care and youth education and ADD a picnic sheltered area at 5350 Providence Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 10. Ordinances to AMEND the City Code re: a. Subdivision Regulations, Appendix B, S 6.3 pertaining to fmal plats and data b. Site Plan Ordinance, Appendix C, S 4.1 pertaining to the information required on site development plans c. S 4.1 of Appendix B, Subdivision Regulations pertaining to the deletion of the minimum right-of-way width and minimum paved width for minor subdivision streets M. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESER VA TION COMMISSION MINORITY BUSINESS COUNCIL PARKS ;md RECREATION COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF VOTES - Democratic Primary Election, June 9, 2009 P. ADJOURNMENT I' Agenda 6/23/09gw WWW.Vb2ov.com 1,1 III I. COUNCIL SCHEDULE FOR JULY AND AUGUST Virginia Beach City Council Will Host a PUBLIC MEETING 7:00-8:30 PM THURSDAY, AUGUST 13TH Virginia Beach Convention Center Purpose: Discuss 2010 General Assembly Legislative Agenda *********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** 'i I II III III I. 1. CITY COUNCIL BRIEFING - Conference Room - 2:30 PM A. COMPENSATION BOARD POSITION REDUCTIONS John T. Atkinson, Treasurer II. CITY MANAGER'S BRIEFINGS A. ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL David Hansen, Deputy City Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips - Director, Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW II I II III III I. IV. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I III III V. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend James Pugh Calvary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 9,2009 G. FORMAL SESSION AGENDA I' Iii III I .tsulutintt CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. I' 1,1 III I H. MAYOR'S PRESENTATION 1. RESOLUTIONS HONORING MEMBERS OF THE MINORITY BUSINESS COUNCIL a. Prescott Sherrod b. Luis A. Rivera II ,;, III I. iRtsolutiou A RESOLUTION COMMENDING PRESCOTT SHERROD, FORMER CHAIRPERSON OF THE MINORITY BUSLNESS COUNCIL WHEREAS: Prescott Sherrod is the President/CEO and Owner of PEMCCO, Inc. a minority- owned systems integration, installation and management services firm with the corporate office located m the City of Virginia Beach; WHEREAS: City Council appointed Mr. Sherrod to the City's Minority Business Council in 2003 and has reappointed him to additional two-year terms in 2005 and 2007; WHEREAS: the Minority Business Council elected Mr. Sherrod to succeed Founder, Louisa Strayhorn, as Chair in 2006, he served the remaining portion of her term, plus two one-year terms as Chair; WHEREAS: under Mr. Sherrod's leadership, the Mmority Business Council undertook a number of successful initiatives to promote increased involvement in City contracting by woman-owned and minority-owned businesses, including: . a substantIGI revision of the City Code requirements regarding minority-owned and woman-o'l1'ned businen' participation efforts by City contractors . "dramatic increase in the amount of statistical data gathered by the City regarding contract awards and City expenditures . a significant Internet presence for the Minority Business Council, including multiple tools to assist City contractors in matching qualified minority-owned and woman-owned subcontractors with the nt!eds ojprime contractors, and assisting minority-owned and woman-owned prime contractors 1Il identifYing City contracts for which they can compete . appointment of a Minority Business Council Liaison to the City's Development Authority . implementLition of an Administrative Directive that promotes accountability jar City' department's use o.fdelegated purchasing authority . adoption o.f a Vision Statement for the Minority Business Council. as well as By-Laws that, among other things. established committees regarding policy. oucreach. data collection and ana/vsis and minontyawareness . increased outreach efforts to the community through the implementation of an Industry Hour at Minority Business Council meetings, establishment of an Associate program that direct~v involves minority and women business owners in Minority Business Council activities and initiatives, and publication o.f Progress. the Minority Business Council's newsletter; . adoption by City Council of a Resolution that sets a goal of 10% for minority participation in City contracts; WHEREAS: Mr, Sherrod's passion for our community and minority business interests is evident in his servIce as a Commissioner of the Virginia Beach Development Authority, President of the Hampton Roads Chapter of the Conference of Minority Transportation Officials, 2nd Vice President of the TransportatIOn Disadvantaged Business Emerprise Advisory Committee and appointment bv Governor Kaine as the 2nd Congressional District representative to the Small Business Advisory Board: and, WHEREAS: Mr. Sherrod's tireless efforts on behalf of the City of Virginia Beach and the Minority Business Council have opened countless doors for small and disadvantaged businesses throughout the City and has improved the quality of life for all our residents. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council, on behalf of the citizens of Virginia Beach, hereby commends Prescott Sherrod for his exemplary service as Chair of the Minority Business Council. I' Iii III I. Itsnlutinu A RESOLUTION COMMENDING LUIS A. RIVERA FOR HIS SERHCE ON THE VIRGINIA BEACH MINORITY BUSINESS COUNCIL WHEREAS: Luis A. Rivera was appointed by the Virginia Beach City Council to the Virginia Beach Minority Business Council on January II, 2000, and has been reappointed to four additional terms by City Council, in recognition of his strong work ethic and commitment to our City; WHEREAS: Mr. Rivera has drawn on his many talents and experiences as a self-employed business leader, as well as his background in broadcast journalism. to actively and enthusiastically support the Minority Business Council in all o.fits efforts during the past nine-and-a-halfyears; WHEREAS: Mr. Rivera has served the Minority Business Council in leadership roles-including a term as Vice-Chair-and as an active member on multiple Minority Business Council committees and work groups; WHEREAS: Mr. Rivera's support of the Minority Business Council's annual Expo and other public outreach events is especially noteworthy and ranged from publicizing Minoricy Business Council events in the media~i/lcluding radio spots and bilingual outreach to our Spanish-speal.:ing residents-to serving as Master Of Ceremoniesfor multiple Expos and events; and, WH ERl:!."'AS: Mr. Rivera has tirelessly given of his time and talents to the Minority Business Council fiJI' nearly (/ decade. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council, on behalf of all Cit) residents and business owners, hereby commends and thanks Luis A. Rivera for his volunteer service to our City as a member of the Virginia Beach Minority Business Council Councilman Ronald J. A. " Ron" Villanueva I' III III I 1. PUBLIC HEARINGS 1. SALE OF EXCESS PROPERTY - London Bridge Road 2. LEASE OF CITY-OWNED PROPERTY - Virginia Beach Farmers Market a. Chapman's Flowers, Inc. b. Creekmore's Place c. Country Butcher, Inc. d. Virginia Garden II I I' III III I PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of Property located on London , Bridge Road, south of Potters Road, known as portions of SPINs: 1497-92-7100; 1497-92-7211; 1497-92-6351; and 1497-92-5272, Tuesday, June 23, 2009, at 6:00 p.m., in the Council Charr:ber of the City Hall Building (Building #1) at the Virginia 8eacn Municipal Center, Virginia Beach, \Irginia. The :Jurpose of this Hearing will be to obtain public input tc determine whether this property should be declared "Excess of the City' s I~eeds". 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 1-800-828-1120 (Virginia Relay -Telephone Device for the Deaf). Any. Questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon June 14, 2009 20264238 ~ ". I . I II III III I. PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property for the following parcels on Tuesday, June 23, 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 purpose of this Hearing will be to obtain public comment regarding the proposed lease agreements of City-owned property located at the Virginia Beach Farmers Market, as defined below: 1) Spaces # 3 & 4: Kenneth A. Chapman (t/a Chapman's Rowers, Inc.) 2) Spaces # 7 & 8: Elsie V. Creel<.more (tja Creekmore's Place) 3) Space # 12: Country Butcher, Inc. 4) Space # 23, 24, & 27: Michele P. Shean (t/a Virginia Garden) Any questions concerning this matter should be directed to ; Aelvin Atl\inson, Farmers Market Manager, by calling ::C85-8886. If you are physically disabled or visually Impaired and reed assistance at this meeting, please call the CITY CLERK'S OFFICE at 385 4303; Hearing impaired, ca!, TOO only 3854305 (TOO Telephone Device for the Deaf). Ruth Hedges Fraser. MMC City Clerk Beacon Jure 14, 2009 20266974 II III III I K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. SS 16-47 and 16-54 re approval of maximum sales and rental prices for Workforce Housing b. S 37-21 re conservation of the public water supply c. S 21-240 re reimbursement of expenses incurred from emergency responses d. S 23-7 re obstruction of justice e. S 35-182 re admissions taxes f. Chapter 2 re purchasing from minority or woman-owned service disabled veteran-owned businesses 2. Ordinance DECLARING 2.228 acres ofland on London Bridge Road EXCESS and AUTHORIZING the City Manager to sell the property to Parrott Properties, LLC 3. Ordinance AUTHORIZING the City Manager to execute Leases at the Farmers Market for three (3) years each for: a. b. Michele P. Shean Country Butcher, Inc. Elsie V. Creekmore Kenneth A. Chapman Spaces 23, 24, 27 Space 12 Spaces 7, 8 Spaces 3, 4 Virginia Garden c. d. Creekmore's Place Chapman's Flowers, Inc. 4. Ordinance AUTHORIZING the Director of Housing and Neighborhood Preservation to reimburse an employee $1,500 from the FY2008-09 Operating Budget for legal fees and expenses incurred in defense of the performance of his official duties 5. Ordinances AUTHORIZING temporary encroachments into a portion of City-owned property for: a. Gary Robinson to construct and maintain rip rap and a walkway at Lake Rudee at the rear of 606 Go1dsboro Avenue b. Charles Dale Everhart to construct and maintain two piers, gangway, floating dock and boatlift in Treasure Canal at the rear of 2213 Leeward Shore Drive 6. Ordinance PROVIDING for bids for a Lease of a portion of City-owned property at 320 Sandbridge Road (Sandbridge water tank site) re constructing, maintaining and operating wireless telecommunications facilities 7. Ordinance to APPOINT three (3) Viewers for one-year (1) terms beginning July 1, 2009, Ie the closure of streets and alleys: L Director of Planning b. Director of Public Works c. Director of Parks and Recreation 8. Resolution re an application of the VIRGINIA BEACH SCHOOL BOARD to the Virginia Board of Education for a Literary Fund loan in the amount of $4,768,954 for school construction 9. Resolution EXTENDING the term of the Green Ribbon Implementation Committee to December 31, 2010. 10. .Reso1ution SUPPORTING the Virginia Beach Community Development Corporation's (VBCDC) application for their Block Grant Neighborhood Stabilization Program funds in the amount of $1 ,500,000 re VBCDC Homeownership Program. 11. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $750,000 from the Capital Improvement Program (Fire Training Center Improvements, Phase III) to the Fire Department's FY 2009-10 Operating Budget to fund programs, services, training and equipment b. $188,950 interest free loan to the Ocean Park Volunteer Fire and Rescue, Inc. re the purchase of a replacement ambulance c. $83,200 to be returned from Information Technology to the CIT-Police Telestaff T&M Module and repurpose $539,760 to the Police DEA Seized Assets for a matching federal grant d. $28,290 Cost Recovery Revenue to the Fire Department's FY 2008-09 Operating Budget and $1,781to the Fire Department's Gift Fund re designated expenditures e. $10,000 from the Second Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and donated to the Virginia Beach Health Department's Healthy Families Program f. $6,512 from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the FY 2008-09 Fire Department Operating Budget re deployment ofthe Virginia Task Force-2 (V A- TF2) Urban Search and Rescue Team II I II III HI I rs~ti,~,;~, /8'.( ~.:, (;~ ~ -r) :0\~~:!~L~V CITY. OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 16-47 and 16-54 of the City Code Pertaining to Approval of Maximum Sales and Rental Prices of Workforce Housing MEETING DATE: June 23,2009 . Background: In August 2007, the City Council adopted Chapter 16 of the City Code, establishing the Workforce Housing (WFH) Program and creating the Workforce Housing Advisory Board (WFHAB). One of the responsibilities of the WFHAB, as set forth in City Code Section 16-54, is to "make recommendations to the city council concerning the sales and rental prices of WFH units. Such prices shall be based on the area median income, as defined in section 16-44, and shall be adjusted semi-annually." Under the State's Affordable Dwelling Unit Ordinance, the local governing body or its desiqnee can establish jurisdiction-wide affordable dwelling unit sales and rental prices. . Considerations: Because the sale and rental price adjustments of WFH Units, which are recommended to City Council by the WFHAB semi-annually, are based on factors approved by City Council as part of the establishment of the program, the need for City Council to adopt an ordinance semi-annually setting said prices can be avoided by delegating the authority to set these prices directly to the WFHAB as authorized under the State's Affordable Dwelling Unit Ordinance. . Public Information: The members of the WFHAB have been consulted on this issue and are in favor of receiving this authority. WFHAB meetings, where sales and rental prices will be approved if this ordinance is adopted, are held at least semi- annually and are advertised and open to the public as required under the Freedom of Information Act. Because delegating this authority to the board is not considered to be controversial, the normal public notice via the council agenda process will be sufficient to inform any other interested parties. . Alternatives: If City Council does not delegate authority to the WFHAB for establishing the sale and rental price adjustments of WFH Units semi-annually, it will continue to be necessary for an ordinance to be drafted every six months for City Council approval. . Recommendations: Adoption of the ordinance. . Attachment: Ordinance. Recommended Action: Approval Submitting Department/Agency: De t of Housing and Neighborhood Preservation City Manage . t\~ II I II iii III I 1 AN ORDINANCE TO AMEND SECTIONS 16-47 AND 16-54 2 OF THE CITY CODE PERTAINING TO APPROVAL OF 3 MAXIMUM SALES AND RENTAL PRICES OF 4 WORKFORCE HOUSING 5 6 Sections Amended: City Code Sections 16-47 and 16-54 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 16-47 and 16-54 of the City Code are hereby amended and 13 reordained to read as follows: 14 15 ARTICLE VIII. WORKFORCE HOUSING 16 17 18 DIVISION 2. SALE AND OWNERSHIP OF WORKFORCE HOUSING 19 20 21 Sec. 16-47. Workforce housing pricing. 22 23 (a) Workforce housing shall be priced so as to be affordable for purchase by a 24 household with a gross annual income between eighty (80) percent and one hundred 25 twenty (120) percent of area median income, adjusted for household size. Semi- 26 annually, the workforce housing advisory board shall recommend, and the city council 27 shall establish, maximum sales prices for workforce housing units based upon current 28 area median income, prevailing mortgage interest rates in the area, real estate tax 29 rates, homeowner's insurance rates, housing ratios, and the size of targeted 30 households. In determining whether to grant approval pursuant to article 21 of the city 31 zoning ordinance ta of a proposed development that includes workforce housing, the 32 city council shall determine whether the proposed pricing of the workforce housing 33 within such development meets the requirements of this section. 34 35 36 37 COMMENT 38 39 The amendments in Lines 26-27 provide that the Workforce Housing Advisory Board is to 40 actually establish, rather than recommend to the City Council, the maximum sales and rental 41 prices for workforce housing units. The amendment in Line 31 is a technical amendment and is not 42 substantive in nature. 43 44 45 46 DIVISION 4. ADDITIONAL PROVISIONS 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Sec. 16-54. Vlforkforce housing advisory board established; membership; duties. (a) Established. The workforce housing advisory board is hereby established. (d) Duties. It shall be the duty of the board to: (1) Make recommendations to the city council concerning Establish the maximum sales and rental prices of workforce housing units. Such prices shall be based on the area median income, as defined in section 16-44, and shall be adjusted semi-annually; (2) Advise the city council on all aspects of the city's workforce housing program, including recommendations for modifications of the requirements of the program; and (3) Report annually to the city council on the production of workforce housing units, participation in the workforce housing program, and achievement of program goals. . COMMENT The amendments in Lines 56-57 provide that the Workforce Housing Advisory Board is to actually establish, rather than recommend to the City Council, the maximum sales and rental prices for workfi>rce housing units. Adopted by the City Council of the City of Virginia Beach, Virginia, on the _ day of , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA11149 R-1 May 26,2009 2 III II III I,ll I. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Amend City Code Section 37-21, Pertaining to Conservation of the Public Water Supply MEETING DATE: June 23. 2009 . Background: The City's water conservation ordinance does not include a provision that would call for voluntary water conservation first, before moving to more stringent measures when public water supplies are limited due to drought or other conditions. The conservation ordinances of the other surrounding Hampton Roads cities specifically call for the use of voluntary water conservation measures as a first step, prior to implementing more stringent measures if the water shortage worsens. The Hampton Roads Planning District Commission (HRPDC) is working with the area Utilities Departments to prepare a regional water supply planning document as required by Department of Environmental Quality (DEQ) regulations (9 VAC 25-780). HRPDC has requested that Virginia Beach harmonize its water conservation ordinance with those of the other area jurisdictions. . Considerations: The recommended amendments would not materially change the City's water conservation practices during a water shortage, as the City has always called for voluntary conservation before implementing more stringent conservation measures. The recommended changes would make the City's ordinance more consistent with that of other Hampton Road jurisdictions. The changes would also satisfy DEQ regulations which state that conservation ordinances must have a tiered approached that begins with voluntary conservation. . Public Information: This issue has been advertised in the same manner as other items on City Council's agenda. · Attachments: Proposed ordinance Recommended Action: Adoption of ordinance j M k~l!L Submitting Department/Agency: Public Utilities Department City Manager:~ V-, d8 M III I,ll 1 AN ORDINANCE TO AMEND SECTION 37-21 OF THE 2 CITY CODE PERTAINING TO CONSERVATION OF THE 3 PUBLIC WATER SUPPLY 4 5 Section Amended: City Code Section 37-21 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 37-21 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Sec. 37-21. Conservation of the public water supplv during emergencies. 14 15 (a) Whenever the city manaoer or director of public utilities finds that a water 16 supply emeroency arisino out of a shortaoe of the public water supply may occur if 17 water conservation measures are not taken. he shall. throuoh appropriate means. call 18 upon the oeneral population of the city to employ prudent restraint in water usaoe and to 19 conserve water voluntarily by whatever means available. 20 21 tat!Q2 Should the city council, at anytime, declare there to be an emergency 22 existing in the city arising, either wholly or substantially, out of a shortage of the public 23 water supply, the city manager or the director of public utilities is hereby authorized to 24 order the restriction or prohibition of any or all of the following uses of the water supply: 25 26 (1) Watering of shrubbery, trees, lawns, grass, plants or other vegetation, 27 except from a watering can or other container not exceeding three (3) 28 gallons in capacity. 29 30 (2) Washing of automobiles, trucks, trailers or any other type of mobile 31 equipment, except in facilities operating with a water recycling system 32 approved by the city, or except from a bucket or other container not 33 exceeding three (3) gallons in capacity; provided, further, that any facility 34 operating with an approved water recycling system must prominently 35 display, in public view, a sign stating that such a recycling system is in 36 operation. 37 38 (3) Washing of sidewalks, streets, driveways, parking areas, service station 39 aprons, exteriors of homes, apartments, commercial or industrial buildings 40 or any other outdoor surface, except from a bucket or other container not 41 exceeding three (3) gallons in capacity. 42 43 (4) The operation of any ornamental fountain or other structure making a 44 similar use of water. 45 46 (5) The filling of swimming or wading pools or the refilling of swimming or 47 wading pools which were drained after the effective date of the order. 48 (6) The use of water from fire hydrants for any purpose other than necessary 49 governmental operations. 50 51 (7) The serving of drinking water in restaurants, cafeterias or any other 52 establishment, unless requested to do so by the individual being served. 53 54 55 The above restrictions, or any of them, shall become effective upon their being 56 printed in any newspaper of general circulation in the city, or broadcast upon any radio 57 or television station serving the city. 58 59 ~ (~) Should the implementation of all of the measures provided for in 60 subsection~ (a) and (b) above fail to preserve sufficient supplies of water for the citizens 61 of the city, the dty manager aOOt-or director of public utilities aFe is hereby authorized, in 62 addition, to order the imposition of specific allotments of water supply to each customer, 63 both residential and commercial, and to provide for a surcharge of up to twenty dollars 64 ($20.00) per one thousand (1,000) gallons of water consumed in excess of such 65 allocation. Such allotment and surcharge shall be subject to ratification, within ten (10) 66 days, by the city council and shall remain in effect until removed by like councilmanic 67 action. 68 69 (1) Upon implementation of the measures set forth in subsections (aj-ef (b)..QI 70 ~1 above, the city manager shall appoint an appeals board consisting of 71 three (3) representatives, of which fone (1) shall be from the city 72 manager's office, one (1) from the health department, and one (1) from the 73 finance department}. The city attorney or his designee shall serve as legal 74 counsel to the board. 75 76 (2) The appeals board shall be empowered to review customer applications 77 for exemptions from the provisions of subsections (3) and (b) and (c) on a 78 case-by-case basis and, if warranted, to make equitable adjustments to 79 sllch provisions. The board shall also be empowered to establish 80 regulations governing the granting of temporary exemptions applicable to 81 all or some of the uses of the water supply set forth in subsection ~ {Ql. 82 The board shall, in deciding applications, balance economic and other 83 hardships to the applicant resulting from the imposition of water use 84 restrictions or allocations against the individual and cumulative impacts to 85 the water supply resulting from the granting of exemptions. Individual 86 applications shall be decided by the board within two (2) weeks of receipt 87 of an application in proper form and containing all necessary information. 88 89 (G} {g) Should all of the measures taken pursuant to subsections ~ M and ~ 90 {gl of this seotieR prove insufficient fail to preserve sufficient supplies of water for the 91 citizens general population of the city, the city manager or the director of public utilities 92 is hereby further authorized to restrict or discontinue the supply of water to any 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 I III Iii I industrial or commercial activity which uses water beyond the sanitary and drinking needs of its employees and invitees. fGj ~ Any person violating any provision of this section or any order of the city manager or director of public utilities issued pursuant to the authority granted hereunder shall be guilty of a Class 3 misdemeanor. In addition, the city manager or director of public utilities is hereby authorized to terminate the water service, for the duration of the emergency, to any person convicted of such violation. tat ill Nothing in this section shall be construed to prohibit the city manager or the director of public utilities from rescinding any orders issued hereunder when the conditions creating the need for such orders have abated. COMMENT The substantive amendments to this section are set forth in the new subsection (a), which provides that the City Manager or Director of Public Utilities may call for voluntary water conservation in the event that he determines that a shortage of the public water supply may occur if water conservation measures are not taken. The remaining amendments are either stylistic in nature or technical corrections having no substantive effect. of Adopted by the Council of the City of Virginia Beach, Virginia, on this ,2009. day APPROVED AS TO CONTENT: APPROVED AS TO LEGAL Sc3~j;; I~ f1~ City Attorney's Office jlvl ttL 121 CA-11140 122 June 4, 2009 123 R-1 II I II III HI I. .~~~'.~t~;~~ :~:~~_~~1,~~~,,!, ,,,. > ;~, \~~~) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 21-240 of the City Code Pertaining to Reimbursement of Expenses Incurred from Emergency Responses MEETING DATE: June 23, 2009 . Background: Previously, the City sought reimbursement of expenses incurred for all police responses that resulted in a conviction for specified charges such as D.U.1. An Attorney General opinion, however, later stated restitution could only be sought when the police were responding to the scene of an accident that resulted in the conviction of the specified charges. This year, the General Assembly amended Code of Virginia 9 15.2-1716 to make clear the City may seek restitution for any police response that results in the issuance of a summons or warrant for the specified charges when the defendant is found guilty of such charges. . Considerations: This amendment will allow the City to seek restitution for all police responses that result in the issuant of a summons or warrant for specified charges such as D.U.I., if the defendant is found guilty of such a charge. . Public Information: This item will be disseminated to the public through the regular Council agenda notification process. . Recommendations: Adopt ordinance. . Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police Department..)ff-- City Manager~ k 'OG~ II I II III Iii I I, 1 AN ORDINANCE TO AMEND SECTION 21-240 OF 2 THE CITY CODE PERTAINING TO 3 REIMBURSEMENT OF EXPENSES INCURRED 4 FROM EMERGENCY RESPONSES 5 6 SECTION AMENDED: 921-240 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 21-240 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-240. Reimbursement for expenses incurred from emergency responses. 15 16 (a) I\ny person convicted of violating any of the follO'.ving provisions of the Code of 17 Virginia, or any similar ordinance in the City Code, shall be liable in a separate civil 18 action for reasonable expenses incurred by the City of Virginia Beach or by ~my 19 volunteer rescue squad, or both, 'Nhen providing an appropriate emergency response to 20 any accident or incident related to such violation. 21 22 (a) Anv person convicted of violatino any of the followino provisions shall, at 23 the time of sentencino or in a separate civil action, be liable to the City for restitution of 24 reasonable expenses incurred bv the City when issuino any related arrest warrant or 25 summons. Further, any person so convicted shall at the time of sentencino or in a 26 separate civil action, be liable to the City and to any respondino volunteer rescue 27 squads, or both for restitution of reasonable expenses incurred bv the City or any 28 volunteer rescue squad, for respondino law enforcement. firefiohtino, rescue and 29 emeroencv services, or bv any combination of the foreooino, when providino an 30 appropriate emeroencv response to any accident or incident related to such violation. 31 32 (1) The provisions of Code of Virginia 99 18.2-36.1, 18.2-51.4, 18.2-266, 18.2- 33 266.1,29.1-738 af .1...29.1-738.02 or 46.2-341.24, when such operation of motor vehicle, 34 engine, train or watercraft while so impaired is the proximate cause of the accident or 35 incident; 36 37 (2) The provisions of Article 7 (9 46.2-852 et seq.) of Chapter 8 of Title 46.2 38 relating to reckless driving, when such reckless driving is the proximate cause of the 39 accident or incident; 40 41 (3) The provisions of Article 1 (9 46.2-300 et seq.) of Chapter 3 of Title 46.2 42 relating to driving without a license or driving with a suspended or revoked license; and 43 44 (4) The provisions of Code of Virginia 9 46.2-894 relating to improperly leaving 45 the scene of an accident. 46 I ~__J.,.......c.. 47 (b) Personal liability under this section for reasonable expenses of an 48 appropriate emergency response pursuant to subsection (a) shall not exceed one 49 thousand dollars ($1,000.00) in the aggregate for a particular accident. arrest or 50 incident. In de~termining the "reasonable expenses" a flat fee of two hundred and fifty 51 dollars ($250.00) may be billed, or a minute-by-minute accounting of the actual cost 52 incurred may be billed. 53 54 (c) As IJsed in this section, "appropriate emergency response" includes all cost 55 of providing law-enforcement, fire-fighting, rescue and emergency medical services. 56 57 (d) ThE' provisions of this section shall not preempt or limit any remedy available 58 to the commonwealth, the City of Virginia Beach, or to any volunteer rescue squad to 59 recover the reasonable expenses of an emergency response to an accident or incident 60 not involving impaired drivingJ, operation of a vehicle or other conduct as set forth 61 herein. COMMENT Tillis amendment will allow the City to seek restitution for all police responses that result in the issuant of a summons or warrant for specified charges such as D.U.I., if the defendant is found guilty of such a charge. Be it further ordained that the effective date of this ordinance shall be July 1, 2009. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: x LJI1 . VM/lm - -.t A:/)~ Police Department .~..~ >.---" -~-" ',< -', (C~y's.. .. e .J -.~ CA11159 R-3 June 12, 2009 II Iii Iii ,. ... ~..?"'~"'" ^ ~t;1., .~, ,p -" : ',~ u "'~:~:':'::2C~~':~;' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 23-7 of the City Code Pertaining to Obstruction of Justice MEETING DATE: June 23, 2009 . Background: Effective July 1, 2009, Code of Virginia 9 18.2-460 (Obstruction of Justice) is amended to include animal control officers employed by a locality to that list of persons towards whom the charge of obstruction of justice may be founded. This amendment will make unlawful and a Class 1 misdemeanor the act of obstructing any animal control officer in the performance of his/her duties. . Considerations: This amendment will change the City Code so that its provision will mirror the new State Code provisions on July 1, 2009. . Public Information: This item will be disseminated to the public through the regular Council agenda notification process. . Recommendations: Adopt ordinance. . Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police Department~. City Manager~ \L '""Os~ II 1,1 1,1 1 AN ORDINANCE TO AMEND SECTION 23-7 OF THE CITY 2 CODE PERTAINING TO OBSTRUCTION OF JUSTICE 3 4 SECTION AMENDED: 923-7 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That Section 23-7 of the Code of the City of Virginia Beach, Virginia, is hereby 10 amended and reordained to read as follows: 11 12 Sec. 23-7. Misleading, obstructing, etc., city officers. 13 14 (a) If any person without just cause knowingly obstructs a judge, magistrate, 15 justice, juror, witness Gf.l-any law enforcement officer or animal control officer in the 16 performance of his duties as such, or fails or refuses without just cause to cease such 17 obstruction when requested to do so by such judge, magistrate, justice, juror, witness 18 Gf.l-Iaw enforcement officer or animal control officer, he shall be guilty of a Class 1 19 misdemeanor. 20 21 (b) If any person, by threats or force, knowingly attempts to intimidate or impede 22 a judge, magistrate, justice, juror, witness, ef-any law enforcement officer or animal 23 control officer, lawfully engaged in his duties as such, or to obstruct or impede the 24 administration of justice in any court, he shall be deemed to be guilty of a Class 1 25 misdemeanor. 26 27 (c) Any person who knowingly and willfully makes any materially false statement 28 or representation to a law-enforcement officer or animal control officer who is in the 29 course of conducting an investigation of a crime by another is guilty of a Class 1 30 misdemeanor. 31 32 (d) Any person or persons who unreasonably or unnecessarily obstruct a 33 member or members of a rescue squad, whether governmental, private or volunteer, in 34 the performance of the rescue mission or who shall fail or refuse to cease such 35 obstruction or move on when requested to do so by a member of a rescue squad going 36 to or at the site of a rescue mission shall be guilty of a Class 2 misdemeanor. COMMENT This amendment will make unlawful and a Class 1 misdemeanor the act of obstructing any animal control officer in the performance of his/her duties. Be it further ordained that the effective date of this ordinance shall be July 1, 2009. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of ,2009. . APPROVED AS TO CONTENT: ~-1'~0 J.. ((; (' ry,LA, Police Departlllent CA 11160 R-4 June 12, 2009 APPROVED AS TO LEGAL SUFFICIENCY: ~ ...... "........ I I Y ,:- ';Y'SICe - -'- ~ - , 'I II 1,1 1,1 ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 35-182 of the City Code Pertaining to Admissions Taxes MEETING DATE: June 23, 2009 . Background: The Code of Virginia allows the City to levy a tax on the amount charged for admissions. Specifically, the State Code provides for six separate classifications for purposes of admissions taxes. One classification is, "Admissions charged to participants in order to participate in sporting events." The current City Code limits the applicability of this classification to golf courses, tennis, bowling, swimming, roller skating, billiards, and sports fishing boats. These "participatory sports" are taxed at a rate of five percent of the amount charged to participate. Other sports and activities that are not on the enumerated list are taxed at ten percent of the admission charge. . Considerations: The proposed amendment would remove the list of sports eligible for classification as "participatory sports" in City Code S 35-182(a)(3). The amendment would not affect the rate at which admissions are taxed. Rather, sporting events would no longer be limited to the seven sporting activities currently listed. The Commissioner of the Revenue reports that amending the City Code S 35-182 will result in $60,000 less revenue each year. . Recommendation: Approval . Public Information: Public Information will be provided through normal advertisement of the Council Agenda Process. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenue# City Manager: k ,dt3~ I' I,; II I 1 AN ORDINANCE TO AMEND SECTION 35- 2 182 OF THE CITY CODE PERTAINING TO 3 ADMISSIONS TAXES 4 5 SECTION AMENDED: S 35-182 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That section 35-182 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 35-182. Levy of taxes; classification; amount; administration. 14 15 (a) Classifications. Pursuant to Code of Virginia section 58.1-3817, events to 16 which admission is charged are divided into the following classes, and there are hereby 17 imposed and levied the following taxes: 18 19 (1) School-sponsored events. No tax shall be imposed or levied on the 20 admission charge to attend any event at a public or private elementary, 21 secondary, or college school-sponsored event, including any event sponsored by 22 a school-recognized student organization. 23 24 (2) Museums, gardens and zoos. A tax of ten (10) percent of the admission 25 charge for entry into museums, botanical or other similar gardens, and zoos. 26 27 (3) Participatory sports. A tax of five (5) percent of the amount charged to 28 persons activelv participatino in sportino events or athletic contests or activities. 29 participate in the following participatory sports: golf courses, tennis, bO'Nling, 30 swimming, roller skating, billiards, and sport fishing boats. Admission charges for 31 spectators who observe, but do not participate in, these sports sportino events or 32 athletic contests or activities shall be taxed at the rate imposed and levied by 33 subsection 35-182(a)(4). The tax levied by this subsection appliec only to the 34 participatory sports enumerated abo'.(e. 35 36 (4) Admissions generally. A tax of ten (10) percent of the admission charge 37 for all other admissions, including admissions to any place of amusement or 38 entertainment. As used in this section, "place of amusement or entertainment" 39 shall mean any place or event open to the public and located in the city where 40 amusements and entertainments, including but not limited to the following, are 41 located, performed, exhibited or conducted: 42 43 (i) Any motion picture, play, concert, dance or stageshow; 44 (ii) Any sporting or athletic contest, exhibition or event; 45 (iii) Any circus, carnival, fair or amusement park; 46 (iv) Any sporting or recreational activity, except where the person admitted is 47 participatino in the sportino or recreational activity excluding any 48 participatory sport enumerated in subsection 35 182(a)(3), for v.'hich 49 participants are charged to enter the arena or facility; 50 (v) Any lecture, speech or dissertation; 51 (vi) Any show, display or exhibition (e.g., antique show, art exhibition, boat 52 snow, car show, computer show, craft show, wine tasting, etc.); and 53 (vii) Any restaurant, tavern, lounge, bar, cabaret or club. 54 55 (b) Admissions; gross receipts to charities. Subject to the conditions set forth 56 below in subsE!ction (d), no tax shall be imposed or levied on the admission charge to 57 attend an event if, as described in Code of Virginia section 58.1-3817, the gross 58 receipts from the event go wholly to charitable purposes. 59 60 (c) Admissions; net proceeds to charities. Subject to the conditions set forth 61 below in subsection (d), no tax shall be levied on an event if, as described in Code of 62 Virginia section 15.2-1104.1, its purpose is solely to raise money for charitable purposes 63 and the net proceeds derived from the event are transferred to an entity exempt from 64 sales and use tax pursuant to Code of Virginia sections 58.1-609.4,58.1-609.7,58.1- 65 609.9 or 58.1-ElO9.1 O. For purposes of this subsection, "net proceeds" means the gross 66 receipts derived from an event less the direct, ordinary and necessary costs associated 67 with conductin!~ the event. The phrase "direct, ordinary and necessary costs," as used 68 herein, shall not include any allocable costs attributable to the event organizer's ongoing 69 expenses, such as accounting fees, insurance premiums or the salaries of officers and 70 staff. 71 72 (d) Conditions and procedures relating to subsections (b) and (c). An "event", 73 as described in preceding subsections (b) and (c), is an occasional or irregular fund- 74 raising activity, not exceeding forty-eight (48) hours in length, the gross receipts or net 75 proceeds of which go wholly to "charitable purposes" as defined in Code of Virginia 76 section 57-48. The following conditions and administrative procedures shall apply to all 77 such events: 78 79 (1) The gross receipts or net proceeds must go to an entity (i) organized 80 exclusivl31y for charitable purposes, as reflected in its articles of incorporation, 81 charter or bylaws, (ii) designated by the Internal Revenue Service as a 501 (c)(3) 82 organization to which contributions are tax deductible under 26 U.S.C. 9 7701, 83 and (iii) registered with, or granted an exemption from registration by, the Virginia 84 Department of Agriculture and Consumer Services, Division of Consumer Affairs, 85 Charitable Solicitation Section. Furthermore, any professional solicitor conducting 86 or promoting any such event shall also be required to provide evidence of 87 registration with, or exemption from registration by, the Virginia Department of 88 Agriculture and Consumer Services, Division of Consumer Affairs, Charitable 89 Solicitation Section. 90 91 (2) All determinations concerning the taxable status of events described in 92 this sub~)ection shall be made by the commissioner of the revenue on an event- 93 by-even': basis. 94 I' II 95 (3) Any person or organization seeking a determination that an event is not 96 subject to taxation pursuant to this subsection shall apply to the commissioner of 97 the revenue's office at least thirty (30) days prior to such event. All such 98 determinations shall be made only by the commissioner of the revenue. The 99 applicant shall supply, on forms provided by the commissioner of the revenue, a 100 description of the event, the cost of admissions to the event, documentation of 101 the charitable purpose(s) for which the proceeds will be used, a copy of any 102 exemption from sales and use tax (if applicable), evidence of compliance with 103 Code of Virginia section 57-49, and such other information as may be required by 104 the commissioner of the revenue. Within fifteen (15) days of receipt of an 105 application, the commissioner of the revenue shall make a preliminary 106 determination as to whether the proposed event is subject to the admissions tax. 107 Within forty-five (45) days of conclusion of the event, the applicant shall provide 108 documentation that the gross receipts or net proceeds of the event have been 109 utilized in accordance with the requirements of subsection (b). The failure of any 110 person to obtain a determination that an event is not subject to taxation, to supply 111 evidence of compliance with Code of Virginia section 57-49, or to otherwise fail to 112 comply with the requirements of this subsection, shall subject the event to being 113 taxed at the rate provided by subsection (a)(4). 114 115 (4) Within sixty (60) days after the end of each fiscal year, the commissioner 116 of the revenue shall provide the city manager a list of all events benefiting charity 117 for which no admissions tax was paid, and an estimate of the total amount of tax 118 that would have otherwise been paid. 119 120 (e) All taxes levied by this section shall be paid by the person who pays the 121 charge for admission or participation. 122 123 (f) All determinations concerning the classification of events and the 124 applicable tax rate shall be made by the commissioner of the revenue. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f the Revenue M~- I Att y's Offi~ CA 10646 R-5 June 9, 2009 II III ~,i~~6:'\ r~~\ ~.,~?;, (f~c ~'~' ,~, t;=:; " ~~~ ('" "",,,,,,,,,,,,,,-,,' ~-:#. . ~ \~t;~::,::.:::'..5{~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapter 2 of the City Code Pertaining to Purchasing from Service Disabled Veteran-Owned Businesses MEETING DATE: June 23, 2009 . Background: The Virginia Public Procurement Act (VPPA) has been amended to increase the involvement of various groups in the procurement processes of the City. The VPPA encourages localities to have a program to increase the participation of woman-owned, service disabled veteran-owned and minority-owned business. Currently, the City Code provides a program for the increased participation of woman- owned and minority-owned businesses. This amendment will add service disabled veteran-owned businesses to this program. . Considerations: The VPPA requires localities to establish programs to facilitate the participation businesses owned by women, minorities, and service disabled veterans. This amendment seeks to increase participation in the procurement process by service disabled veteran-owned businesses. It also expands the scope of Minority Business Council to include service disabled veterans in its ongoing efforts to promote the participation by all of the City's diverse communities in the procurement process. At its May 8,2009 meeting, the Minority Business Council endorsed this change to the City Code. . Public Information: Public information will be handled through the normal Council agenda public information process. . Attachments: Ordinance Requested by Councilmembers Dyer and Villanueva , II I' II REQUESTED BY COUNCILMEMBERS DYER AND VILLANUEVA 1 AN ORDINANCE TO AMEND CHAPTER 2 OF THE 2 CITY CODE PERTAINING TO PURCHASING FROM 3 SERVICE DISABLED VETERAN-OWNED 4 BUSINESSES 5 6 SECTIONS AMENDED: SS 2-224.1, 2-224.3, 2-224.4, 7 2-224.5,2-224.6,2-224.7,2-224.8, and 2-224.11 8 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 Sec. 2-224.1. Definitions. 14 15 For purposes of this subsection, the following words shall have the meanings 16 ascribed to them in this section: 17 18 Good-faith Minority-owned, Service Disabled Veteran-owned and Woman-owned 19 Business Participation Efforts : The sum total of efforts by a particular business to 20 provide for the equitable participation of minority, service disabled veteran and woman 21 employees and subcontractors in the operations and contracts of such business. 22 (1) For past efforts, this sum total shall be comprised of the record of minority. service 23 disabled veteran and woman participation over the past two (2) years through 24 employment, retention, and promotion; subcontracting or joint ventures in the private 25 sector; or a combination thereof. 26 (2) In connection with the performance of a particular city contract, "good faith efforts" 27 shall mean those measures which are proposed to allow equitable participation of 28 minority. service disabled veteran and woman employees and subcontractors. 29 30 Minority, Service Disabled Veteran and Woman Contractors Bid List : A list of 31 contractors who have completed and filed with the purchasing agent the city's bidder 32 application indicating that their firm is a minority-owned, service disabled veteran or 33 woman-owned business. The purchasing agent shall maintain the list and shall organize 34 the list by category of business. Such list shall be provided, upon request, in its entirety 35 or by relevant category, to any interested party. The list shall not be deemed to 36 constitute an endorsement of the qualifications of any business included on the list. 37 38 Minority-owned Business : A business or other entity that is at least fifty-one (51) 39 percent owned and controlled by one (1) or more socially and economically 40 disadvantaged person(s). For purposes of this definition, the term "control" shall mean 41 exercising the power to make policy decisions and being actively involved in day-to-day 42 management. Such disadvantage may arise from cultural, racial, chronic economic 43 circumstance or background, or other similar cause. Such persons include, but are not 44 limited to, Black Americans, Hispanic Americans, Asian Americans, Eskimos, and 45 Aleuts. 46 47 Service disabk~d veteran: means a veteran who (i) served on active duty in the United 48 States military around, naval. or air service, (in was discharaed or released under 49 conditions other than dishonorable, and (iin has a service-connected disability ratina 50 fixed by the United States Department of Veterans Affairs. 51 52 Service disabl,gd veteran business: means a business concern that is at least 51 % 53 owned by one or more service disabled veterans or, in the case of a corporation, 54 partnership, or limited liability company or other entity, at least 51 % of the equity 55 ownership interest in the corporation. partnership, or limited liability company or other 56 entity is own eel by one or more individuals who are service disabled veterans and both 57 the manaaement and daily business operations are controlled by one or more 58 individuals who are service disabled veterans. 59 60 Woman, Service Disabled Veteran and Minority Participation Plan : A plan detailing, at 61 a minimum: Whether the contractor intends to utilize any subcontractors; what, if any, 62 woman-owned. service disabled veteran-owned and minority-owned subcontractors the 63 contractor intends to utilize; the work to be performed by each woman-owned, service 64 disabled veteran-owned and minority-owned subcontractor; the anticipated amount or 65 percentage to be paid to each woman-owned, service disabled veteran-owned and 66 minority-ownec subcontractor; the composition of the contractor's workforce, specifically 67 indicating the percentage of woman, service disabled veteran and minority employees 68 in their company; the percentage of woman, service disabled veteran and minorities in 69 management positions, supervisory positions, professional positions, and 70 nonprofessioncd positions; what steps the contractor has taken to solicit subcontracting 71 bids from woman-owned. service disabled veteran-owned and minority-owned 72 subcontractors which woman-owned, service disabled veteran-owned and minority- 73 owned businesses the contractor has solicited; if the contractor has elected not to utilize 74 a woman-owned, service disabled veteran-owned or minority-owned subcontractor, an 75 explanation of the decision; and any additional Good-faith Minority-owned, Service 76 Disabled Vets ran-owned and Woman-owned Business Participation Efforts the 77 contractor intends to make in connection with the contract. 78 79 Woman-owned Business : A business or other entity that is at least fifty-one (51) 80 percent owned and controlled by a woman or women. For purposes of this definition, 81 the term Icontr:>l" shall mean exercising the power to make policy decisions and being 82 actively involved in day-to-day management. 83 84 85 Sec. 2-224.3. Minority-owned business opportunities--Construction contracts; 86 bid requirements. 87 88 (a) Notice of every invitation to bid on city construction contracts in excess of 89 fifty thousand dollars ($50,000.00) shall be provided to each business included in the 90 relevant category of the Minority, Service Disabled Veteran and Woman Contractors Bid 91 List. In addition, the purchasing agent shall also forward such notices, upon request, to 92 any minority ornanization or other interested party. 2 II 1,1 1,1 93 94 (b) Every bid submitted in response to an invitation to bid on a city construction 95 contract in excess of fifty thousand dollars ($50,000.00) shall be required to contain a 96 proposed Woman, Service Disabled Veteran and Minority Participation Plan. The 97 successful contractor shall update his Woman, Service Disabled Veteran and Minority 98 Participation Plan prior to the execution of the contract with the City. The final Woman.. 99 Service Disabled Veteran and Minority Participation Plan shall become a part of the 100 contract with the City. 101 102 (c) The purchasing agent shall provide, upon request, to all prospective prime 103 construction contractors, a list of all businesses included in the relevant categories of 104 the Minority, Service Disabled Veteran and Woman Contractors Bid List; provided, 105 however, that the list shall not be deemed to include all available minority-owned or 106 woman-owned subcontractors, nor shall it be deemed to constitute an endorsement of 107 the qualifications of any subcontractor included on the list. 108 109 Sec. 2-224.4. Same--Contracts for provision of goods and services. 110 111 Solicitations for contracts of more than fifty thousand dollars ($50,000.00) shall 112 include at least three (3) Minority-owned Businesses, Service Disabled Veteran-owned 113 Businesses or Woman-owned Businesses that are included on the list maintained 114 pursuant to section 2-224.1 and are in the business of supplying goods or services of 115 the kind to be procured, unless the list contains less than three (3) Minority-owned 116 Businesses, Service Disabled Veteran-owned Businesses and Woman-owned 117 Businesses which are in the business of supplying goods or services of the kind to be 118 procured. In addition, the purchasing agent shall forward such solicitations, upon 119 request, to any minority organization or other interested party. 120 121 Sec. 2-224.5. Same--Procurement of professional and other than professional 122 services by competitive negotiation. 123 124 (a) Notice of every request for proposals ("RFP") shall be provided to each 125 business included in the relevant category of the Minority, Service Disabled Veteran and 126 Woman Contractors Bid List. In addition, the purchasing agent shall also forward such 127 notices, upon request, to any minority organization or other interested party. 128 129 (b) Every proposal submitted in response to a RFP shall be required to contain 130 a proposed Woman, Service Disabled Veteran and Minority Participation Plan. The 131 successful contractor shall update his Woman, Service Disabled Veteran and Minority 132 Participation Plan prior to the execution of the contract with the City. The final Woman.. 133 Service Disabled Veteran and Minority Participation Plan shall become a part of the 134 contract with the City. 135 136 (c) Compliance with the provIsions of section 2-224.2, "Employment 137 discrimination by contractor prohibited," shall be considered in the RFP evaluation and 138 contractor selection process. 3 139 140 Sec. 2-224.6. Responsible and responsive bidder; qualified offeror. 141 142 The provisions of this subdivision shall be used as criteria in determining whether 143 a bidder is deE!med to be responsible and responsive, or whether an offeror is deemed 144 to be fully qualified, and no contract shall be awarded to a bidder or offeror who has not 145 complied with the provisions herein. Failure to submit a proposed Woman, Service 146 Disabled Veteran and Minority Participation Plan with a bid or proposal shall result in 147 the bid or proposal being declared nonresponsive. 148 149 Sec. 2-224.7. Public inspection of records. 150 151 In accordance with the Virginia Freedom of Information Act, a bidder's or 152 contractor's Woman, Service Disabled Veteran and Minority Participation Plan shall be 153 open to public inspection. 154 155 Sec. 2-224.8. lPenalties. 156 157 (a) Any bidder or contractor that intentionally makes a material 158 misrepresentation in connection with any of the information required by this subdivision 159 shall be debarred from contracting with the city for a period of two (2) years from the 160 date of notification of such debarment. 161 162 (b) Prior to final payment, each contractor shall submit a report documenting its 163 efforts undertaken in compliance with its final Woman, Service Disabled Veteran and 164 Minority Participation Plan. The report shall include, at a minimum: A statement of 165 whether any subcontractors were utilized; a list of any woman-owned and minority- 166 owned subcontractors utilized; a brief description of the work performed by each 167 woman-owned and minority-owned subcontractor; the amount paid to each woman- 168 owned and minority-owned subcontractor; and any additional Good-faith Minority- 169 owned, Service Disabled Veteran-owned and Woman-owned Business Participation 170 Efforts the contractor made in connection with the contract. A contractor will not receive 171 final payment under a contract until he submits documentation of actual woman-owned 172 and minority-owned business participation efforts as described in this subsection. 173 174 (c) If actual woman, service disabled veteran and minority participation 175 substantially deviates below the levels outlined in the final Woman, Service Disabled 176 Veteran and Minority Participation Plan, the contractor shall provide an explanation for 177 the deviation within ten (10) days of a request by the city for such explanation. If the 178 explanation for the deviation lacks reasonable justification that rises to the level of 179 dishonesty or in the event the contractor refuses to submit an explanation for the 180 deviation, the contractor may be debarred from contracting with the city for a period of 181 up to two (2) years from the date of notification of such debarment. 182 183 (d) The debarment of any bidder or contractor pursuant to this subdivision shall 184 be deemed to include the debarment of any successor corporation, partnership, firm or 4 II 1,1 1,1 185 other entity controlled or managed by any officer, director, partner or controlling 186 shareholder of the debarred bidder or contractor. 187 188 Sec. 2-224.9. Minority business council composition; appointment and terms of 189 members, etc. 190 191 (a) The City of Virginia Beach Minority Business Council shall consist of at least nine 192 (9) but not more than eleven (11) members. 193 (b) The members of the minority business council shall be appointed by the city council 194 for terms of two (2) years; provided, however, that the initial terms of several members 195 may be for one year in order to allow for staggered expirations of the terms of members. 196 Of those members appointed, one member may be a member of city council. 197 (c) The meeting in June of each year shall be the annual organizational meeting at 198 which the minority business council shall elect, from among its members, a chair and 199 vice-chair. The chair and vice-chair shall each serve for a term of one year, or until his 200 or her respective successor has been elected. Both the chair and the vice-chair may be 201 re-elected; provided, however, that no member shall serve more than two (2) 202 consecutive one-year terms in the same office. 203 (d) Attendance records shall be kept at each meeting of the minority business council, 204 and an annual report of attendance shall be submitted to city council through the city 205 clerk's office. No member shall accumulate an annual total of (i) more than three (3) 206 absences or (ii) absences exceeding one-fourth of the number of meetings held, 207 whichever is lesser, for reasons other than personal illness, death or other unusual 208 circumstances. If this limitation is exceeded, the chairperson shall report to the city clerk 209 the name of the minority business council member whose unexcused absences exceed 210 the number set forth herein. The city clerk shall then notify such member in writing, with 211 copies to the city council, that, due to absences in excess of the number allowed herein, 212 his or her membership is terminated. Thereafter, the city clerk shall forward the vacancy 213 to the city council for appointment of a new minority business council member to serve 214 for the remainder of such terminated member's term. 215 (e) Notwithstanding the provisions of subsections (b) and (d) of this section, all 216 members of the minority business council shall serve at the pleasure of city council. 217 218 Sec. 2-224.10. Staff assistance; recordation of minutes. 219 220 The city's purchasing agent shall serve in an advisory capacity to the minority business 221 council and, among other duties, shall assist the chairperson of the minority business 222 council in the preparation of meeting agendas. 223 224 Sec. 2-224.11. Duties, powers and functions. 225 The minority business council shall serve as an advisory agency to the city manager 226 and the city council with respect to the city's procurement policies and procedures and 227 shall be vested with the following duties, powers and functions: 228 (1) To advise the city manager and the city council on policy and procedural issues 229 involved in: 5 230 a. The city's established policy of equal opportunity and nondiscrimination in 231 procurement; 232 b. The city's continuing efforts to encourage the participation of minority-owned 233 businesses, small businesses, aM businesses owned by women, and businesses 234 owned by service disabled veterans in city contracts; and 235 c. The city's assurance that its procurement opportunities are made available to all 236 persons, regardless of race, religion, color, sex, national origin or handicap. 237 (2) To institute, conduct, and engage in educational and training programs to promote 238 the involvement of minority-owned businesses, small businesses, aM businesses 239 owned by women, and businesses owned by service disabled veterans in the public 240 procurement pmcess. 241 (3) To serve GIS a forum for the discussion and development of the awareness of 242 minority-ownec businesses, small businesses, aM businesses owned by women, and 243 businesses owned by service disabled veterans of the procurement process. 244 (4) To provide city council and the city manager with an annual written report of the 245 minority business council's activities on or before December thirty-first of each year. 246 (5) To adopt rules and procedures for the conduct of its affairs. 247 The minority business council shall not be empowered or authorized to provide advice 248 or assistance with respect to, or otherwise become involved in, individual procurement 249 solicitations, evaluations, awards, disputes or protests. 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: Q- r'/~' " " \, I I, " I, ? ! " 0 l^v{f!t tL (j\~uJ)1J- Finance Department --::.'V _ /2. .', /' -= //< ~ S<<\--~ City Attorney's OtT~ CA 10972 R-4 March 12,2009 6 W.E S Location Map ShoWing PrOperty to declare excess and Convey to ParrotPropert~s, LLC London Bridge Prepared by Center for GIS June 2009 r---__--------.___... ! If . I I , i ./' ,I 7 f / I / ! / ~ ----~- -----.-----------, I '''-.----.'''',..,.-,... ~.-'.."l 1 inch equals 1 00 feet ->-_.....,~'-.- I I . -.----.--- ~"--~ ----_ .1 o a:: ).. o <{ ....J ff ~ '-- ~ If s $ ~ ~ o -...J ELON PARCEL A Legend a Parcel A a ProPerty Lines City Property BUildingS ~ ~ ;::;:::t;;;:'-..........""~__~_.. ........~~'::j~-- -......_..~w.-.;;::....,~_~ I.. ;::.~~...~~~":-;:! ~~ I~_._........_..,..-.. ~"':..";;::.,,~..._,._. ~~,:.~~~~ ~'nwa~~....I!llt._---...,.., ~::..~....:::-~... "".... ~<>200 901y""""",,,_ '~"G1S REUBEN ST I LON-i50N-- ST I ! i I I j i , II I' III 1'1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring 2.228 acres of City-owned property to be in excess of the City's needs and authorizing the City Manager to sell the property to Parrot Properties LLC. MEETING DATE: June 23, 2009 . Background: The City owns an assemblage of land on London Bridge Road in Virginia Beach. The City acquired GPIN 1497-92-5272 (.092 acres) in 1999 as a remnant from the London Bridge Road Phase III Improvements Project. The City acquired GPINs 1497-92-7100; 1497-92-7211; and 1497-92-6351 (portion to be sold is 2.136 acres) as part of the APZ-1/Clear Zone Use and Acquisition Plan (the "APZ-1 Program"). When the City purchased these three parcelS for the APZ-1 Program, they were undeveloped and zoned for residential use. Additionally, GPIN 1497-92-7100 was vested for a 9-unit residential subdivision, and the City purchased that parcel to prevent the new residential development in APZ-1. The APZ-1/CZ Master Plan has designated the area which includes these four parcels as non-residential and appropriate for compatible uses under the AICUZ guidelines. The APZ-1 Disposition Committee has evaluated the parcels and determined that they should be sold and developed with a compatible use. The City is re-subdividing the area that includes these four parcels to create a new GPIN (1497-92-7135), which shall be known as "Parcel A." In addition, the City has re-zoned the area from R5D (residential) to 1-1 (light industrial). The re- zoning was approved by City Council on May 26,2009. Parrott Properties LLC, a Virginia limited liability company, ("Parrott") proposes to acquire Parcel A. Parrot is the owner of Tidewater Fleet Supply, which is a full- line wholesale parts distributor serving customers in Central and Southeastern Virginia, as well as Northeastern North Carolina. Parrot intends to construct an 8,000 square foot facility that shall be used by Tidewater Fleet Supply to meet the needs of its growing customer base in Virginia Beach. . Considerations: The site shall be used for industrial warehousing, wholesale distribution, light manufacturing activities, and office facilities to the extent an office is utilized for the activities on site. The use is compatible with Section 1804 of the City Zoning Code. Parrott has signed a purchase agreement with specific design criteria and use restrictions, which shall be incorporated as a deed restriction at closing. . Public Information: AdvertiHement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. . Alternatives: . Retain ownership of the land. ReventJIe restriction: The City funded the acquisition of 2.136 acres of Parcel A through the partnen.hip with the Commonwealth of Virginia, with each party contributing fifty percent (50%) of the funds. Of the proceeds from the sale, $149,520 will be appropriated to the Oceana and ITA Conformity and Acquisition Project (CIP 9- 060) and refunded to the Commonwealth. The remaining funds of $162,400 will be appropriated to CIP #3-368, Various Site Acquisitions. . 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. Attachments: Ordinance, location Map, Summary of Terms, Subdivision Plat . Recommended Action: Approval of the ordinance '\ Submitting [)e,parlmentJAgency: Economic Developmen~ City ManageR~ K-, '08~ , 'I II 1,1 1,1 1 AN ORDINANCE DECLARING 2.228 ACRES OF 2 CITY-OWNED PROPERTY TO BE IN EXCESS OF 3 THE CITY'S NEEDS AND AUTHORIZING THE CITY 4 MANAGER TO SELL THE PROPERTY TO 5 PARROTT PROPERTIES LLC 6 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of a parcel 9 of land located on London Bridge Road, more particularly described on Exhibit "A" 10 attached hereto, and designated as "Parcel A" on the plat attached hereto as Exhibit "B" 11 (the "Property"); 12 13 WHEREAS, the City acquired a portion of the Property (.092 acres) in 14 1999 as a remnant from the London Bridge Road Phase III Improvements Project (the 15 "Road Remnant") and the balance of the Property (2.136 acres) was acquired pursuant 16 to the APZ-1/ Clear Zone Use and Acquisition Plan (the "APZ-1 Purchase"); 17 18 WHEREAS, the City funded the acquisition of the APZ-1 Purchase 19 through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with 20 each party contributing fifty percent (50%) of the purchase price; 21 22 WHEREAS, the Property is in an area designated for non-residential use 23 in the APZ-1/Clear Zone Master Plan adopted by Council on April 1 ,2008; 24 25 WHEREAS, the APZ-1 Disposition Committee has recommended that City 26 Council declare the Property to be in excess of the City's needs and sell the Property to 27 Parrot Properties LLC ("Parrot"); 28 29 WHEREAS, Parrot will construct a new facility on the Property to 30 prescribed standards acceptable to the City and for a use compatible with Section 1804 31 of the City Zoning Code; 32 33 WHEREAS, Parrot will purchase the Property in accordance with the 34 Summary of Terms attached hereto as Exhibit "C" and made a part hereof; 35 36 WHEREAS, the City Council is of the opinion that the Property is in 37 excess of the needs of the City of Virginia Beach. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 40 OF VIRGINIA BEACH, VIRGINIA: 41 42 That the Property described on Exhibit "A" is hereby declared to be in 43 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 44 authorized to execute any documents necessary to convey the Property to Parrot 45 Properties LLC, in substantial conformity with the Summary of Terms attached hereto 46 as Exhibit C and such other terms, conditions or modifications as are deemed 47 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 48 City Attorney. 49 50 Further, that the revenue from the sale of the Property in the amount of 51 $311,920 shall be received and appropriated as follows: 52 1. $149,520 shall be appropriated to CIP #9-060, Oceana and Interfacility 53 Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding 54 the Commonwealth's portion in accordance with the partnership agreement; 55 2. $162,400 shall be appropriated to CIP #3-368, Various Site Acquisitions. 56 57 This ordinance shall be effective from the date of its adoption. 58 59 Adopted by the Council of the City of Virginia Beach, Virginia, on the 60 day of , 2009. 61 CA-11020 PREPARED: R-1 cli. ,o~ED. AS T,? CON~ENT 'eAa.t.t j/). t!lLdftttu~ Econom ic Development APPROVED AS TO CONTENT '\ " ..-, ., n 'I ~Q/V({j Q, \2J\1J)~ Management Services ) APPROVED AS TO LEGAL ~~~w~ ~Ine . , 'I I' 1,1 1,1 EXHIBIT "A" Property on London Bridae Road: All that certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "GPIN 1497-92-7135 PARCEL A 97,057 SQUARE FEET OR 2.228 ACRES" as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD, VIRGINIA BEACH, VIRGINIA", dated April 3, 2009, and as it may be amended by the City, Scale: 1" = 50', prepared by LandMark Design Group, which plat is on file in the Department of Economic Development and will be duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, to which reference is made for a more particular description. 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W ~~l:i g~~ o p o ;= .... ~ '5 ~ m as ~ ~ ~ lii W z~s~rt ~ti~~~ ooO-cu 25t{l "-~ "'GO 'Offi _0 B~ :to lI>lI> \)\~ \ \ w w ':.( ~ o 0 ~'i5i3 :~'$~ -" - ':1lMB it\ ID ~ ~~~g ~51D: ~~(i\i!' \-~~'5 b,c;lll.lI> lill-~la 'd?l~~ eH~ ~f?~g r:.~~~ e ~ca!l!~ . ~ ~o"'~ ll- ,!o~':1lo. ~ :S z G ~ t "'~ h ~6 0'" ,,5 it 3~ 0.0 - EXHIBIT "C" SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT LONDON BRIDGE ROAD SELLER: City of Virginia Beach PURCHASER: Parrott Properties LLC, a Virginia limited liability company PROPERTY: Parcel on London Bridge Road LEGAL DESC1UPTION: Property on London Bridge Road: All that certain lot, tract or parcel ofland together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and describ{:das "GPIN 1497-92-7135 PARCEL A 97,057 SQUARE FEET OR 2.228 ACRES" as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD, VIRGINIA BEACH, VIRGINIA", dated Apri13, 2009, and as it may be amended by the City, Scale: 1" = 50', prepared by LandMark Design Group, which plat is on file in the Department of Economic Development and will be duly recorded in the Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, to which reference is made for a more particular description. Subject to a cross-access easement to be reserved by the City for the benefit of the City's remaining adjacent lands. SALE PRICE: $311,920 ($299,040 for the portion purchased by the APZ-l Program and for which 50% shall be paid to the Commonwealth of Virginia; $12,880 to be retained solely by the City) CONDITIONS OF SALE · The Buyer shall construct an 8,000 square foot facility; · The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction; · The Buyer will conform to the restrictive Covenants and Design Criteria as follows: Ii III 1,1 I RESTRICTIVE COVENANTS AND DESIGN CRITERIA As used herein, the word "Property" shall mean the property described in the attached Purchase Agreement of which this Exhibit is a part. The parties referenced are Parrot Properties LLC, a Virginia limited liability company d/b/a Tidewater Fleet Supply LLC, a Virginia limited liability company ("Buyer") and the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia (the "City"). 1. Uses. a. In addition to the restrictions on the Property by Section 1804 of the City Zoning Code, the following uses and structures are specifically prohibited on the Property: 1. Acetylene Gas (manufacture or wholesale storage); 11. Automobile wrecking; 111. Chemical (manufacturing or refining of any type); IV. Distillery; v. Refining of petroleum products; VI. Storing, sorting, collecting, or bailing of iron, or junk; and V11. Other uses similar to the above or of the same general character as those listed above. b. The Property shall be used for industrial warehousing, wholesale distribution, light manufacturing activities, and office facilities, to the extent an office is utilized for the activities on-site. Any such use must be a compatible use under Section 1804 of the City Zoning Code. c. Where it is unclear whether a particular use of the Property is permitted or prohibited, the City Zoning Administrator, in his or her sole discretion, shall decide, and said decision shall be final and binding upon all persons. 2. Plans. a. All plans and specifications pertaining to building design, construction, landscaping, signs, fences, and subsequent alterations (collectively, the "Plans") are subject to the written approval and consent of the City, which approval shall not be unreasonably withheld. The City shall not be liable in damages for any act or omission regarding the approval or disapproval of the Plans submitted. b. All building and land improvements shall be constructed and maintained by the Buyer or subsequent owner or tenant in accordance with the Plans unless an exception is approved in writing by the City. c. Design criteria. 1. Exterior walls of each building shall be finished with approved glass, tilt- up concrete, concrete panel construction, brick, or its equivalent. 11. All on-site electrical, telephone, and other utility lines shall be underground and shall not be exposed on the exterior of any building or improvements. 111. All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures), conduits, ducts, flues, and pipes located on the exterior of any building shall be concealed from view from street and from buildings on other sites and shall be architecturally treated in a manner acceptable to the City. IV. Any construction other than the above shall be submitted to the City for approval, and said approval shall rest with the Planning Director, or his designee. 3. Structure:; and Development. a. The following structures, among others, shall require approval by the City as to height: 1. Chimneys and smoke stacks; 11. Cooling tanks and towers; 111. Flags, banners, pennants, and all other types of cloth or paper signs; IV. Gravity flow, storage, or similar structures; v. Penthouses or structures for housing elevators or equipment; VI. Radio and television towers; Vll. Roof signs; Vlll. Skylights or solar panels; IX. Stairways; x. Ventilating fans or similar equipment required to operate and maintain the building. b. No building or structure shall be erected upon the Property nearer than fifty (50) fe<:t to any existing or proposed street and nearer than thirty (30) feet to the side and rear Property or lot line, and the resulting open area shall be designated as the "Setback Space." There shall be an open area (which may include the Setback Space) of at least sixty (60) feet between all adjacent buildings and structures, II I" 1,1 thirty (30) contiguous feet of which shall be designated as the "Landscaped Space." The Setback Space, except as otherwise provided, shall only be used for landscaping, lawns, walks, off-street parking or driveways, provided that no parking shall be allowed between the front building line and the street line and no parking or driveways shall be located within fifteen (15) feet of any Property lines, except by written approval of the City. The Landscaped Space shall be planted with trees, shrubs, and lawns and shall be kept free of any improvements other than driveways and walkways. c. There shall be a two-to-one 1and-to-bui1ding coverage ration (2: 1). Therefore, buildings may cover a maximum of fifty percent (50%) of the Property. d. No loading docks or truck entrance doors shall be constructed or located fronting any street or proposed street without the express written consent of the City. Provisions for handling all freight and shipments must be on those sides of any buildings which do not face on any street or proposed street unless otherwise approved by the City. e. Service areas are to be located on those sides of each building which do not front on the street. Parking areas which front a right of way require a landscape buffer. Driveways shall be designed, installed, and maintained in a clean and neat condition. The surfaces of all driveways and permanent parking areas shall be of concrete, asphalt, bituminuous, or such approval as may be approved by the City. It shall be the Buyer's responsibility to extend driveways and public utilities to existing or proposed streets at no expense to the City. f. No materials, supplies, equipment, trash or refuse shall be stored on the Property except inside a building or behind approved visual barriers which screen the store matter from view from streets and adjoining sites and which shall not be less than six (6) feet in height or two (2) feet above the stored matter, whichever is higher. Storage areas shall not be located between a building and a street, except with prior written approval from the City. Plans for such storage areas must be submitted to the City for approval. Said approval rests in the Planning Director in his sole discretion. g. All structures, including, but not limited to, building, signs, and fences shall be maintained in good condition and repair by the Buyer, or his tenant. 4. Signs. a. If Buyer desires to erect or install a sign visible from the street, Buyer shall submit a scale drawing of the sign to the City for approval. The drawing may be included with the Plans, or submitted separately. The drawing shall indicate the location of the sign on the site, size, and dimensions of the sign, lighting method of the sign, and the proposed message to be displayed on the sign, including symbols, words, o:~ letters. The City shall accept or reject the proposed sign. If rejected, the City may stipulate changes to be made or suggest alternatives so that the sign may meet with approval. b. Buyer or his tenant may have no more than two (2) signs per major street frontage and one (1) additional sign for each additional street frontage. For purposes of calculation for the number of permitted signs, only one (1) street frontage per development site shall be designated as the major street frontage. c. Buyer shall be entitled to only one (1) ground-mounted free-standing sign. The sign shall be included among the number of signs allowed for each developed parcel indicated above. The ground-mounted sign shall be no more than a two- faced sign no larger than forth (40) square feet per face and no taller than six (6) feet from grade at its highest point. Grade is defined as the average level of the public street on which in the parcel in question abuts. d. Notwithstanding any other provision ofthese Restrictive Covenants, Buyer shall b(: entitled to no more than one hundred ten (110) square feet oftota1 signage per d(:ve10ped parcel, including the ground-mounted sign. e. For purposes of sign illumination, neon lights, bare bulb lights, flashing lights, open flames, colored lights, and any other form of lighting, except as stated bdow, shall not be permitted on the Property. The only illumination of signs that shall be permitted are either back-lit signs or ground-mounted flood lights in order to illuminate the ground-mounted sign. The light from any flood lights installed by the owner shall not be allowed to shine or glare onto other property or public streets surrounding the Property. 5. Subdivision. Prior to Settlement, the Property shall be subdivided to separate the Property from the City Parcel. Thereafter, the Property shall not be resubdivided so as to create any new lot, parcel, or site containing less than 2.2 acres. 6. The Buyer may also be entitled to certain fee rebates and reimbursements pursuant to City Code. It :;hall be the Buyer's responsibility to ensure that any development meets the design criteria required by Section 1810 of the City Zoning Ordinance ("Section 1810") and City Code Section 35.2-11. Pursuant to Section 1810, the Comprehensive Plan for Primary Residential Areas must also be followed in order to entitle the Buyer to fee rebates and reimbursements. Additionally, if the Buyer does not landscape or maintain the Property in accordance the approved Plans and Section 1810, then Buyer shall be unable to recoup the rebates and reimbursements. Further, Buyer's business and Property II II must remain in compliance with the development standards set forth in Section 1810 in perpetuity . 7. Each of the foregoing Restrictive Covenants shall run with the land, and a breach of any one of them, at the option ofthe City, may be enjoined, abated, or remedied by such remedies as are provided for at law. It is understood, however, that the breach of any of the foregoing Restrictive Covenants shall not defeat or render invalid the lien of any deed of trust on the Property made in good faith and for value and shall not prevent the foreclosure sale of the Property or any part thereof, provided, however, that each and all of the foregoing Restrictive Covenants shall at all times remain in full force and effect against the Property, or any part thereof, title to which is obtained by foreclosure of any mortgage or lien. 8. The Property is hereby restricted by these criteria, and said restriction shall accompany the Deed conveying the Property and be recorded among the Land Records in the Clerk's Office of the Circuit Court of the City of Virginia Beach. This instrument shall at all times apply to the Property and shall be binding upon the Buyer, its heirs, successors, and assIgnees. 9. Invalidation of any of the foregoing Restrictive Covenants by statute, ordinance, or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 10. Each of the foregoing Restrictive Covenants are for the sole benefit ofthe City of Virginia Beach and the respective purchasers and users of property located within Accident Potential Zone-1 ("APZ-1 "). Buyer acknowledges that the Property is located within APZ-1. 11. Each of the foregoing Restrictive Covenants may as to all persons and property and in its sole discretion be waived, released, rescinded, modified, altered, and amended by the City of Virginia Beach without the consent, approval, or joinder of any other persons or entities, provided, however, that nothing herein shall authorize or permit the City to impose upon the Property any restrictive covenants which are more restrictive than those set forth herein. ...----- ~ " I . '(\ :C) . ,'" '0'0 .-'" ~..'~' ><>~-"-- -Q' \ .--", .------ ..... ~~~..... "-~. a ~ -' .r......~~ ^-+' .r''' ,.,,<- ..,..~' ~ .J;." ...,,)t.~ ~.~~ " . ...::~ > ...-of ~ 1 // {/ ~ ./ ~. " , II II 1,1 II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3-Year Lease With Michele P. Shean (tla Virginia Garden) for Spaces #23, #24 and #27 in the Virginia Beach Farmers Market. MEETING DATE: June 23,2009 . Background: Michele P. Shean (tla Virginia Garden) is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease Spaces #23, #24, & #27 from the City of Virginia Beach (the "City"). . Considerations: The term of the Lease is three (3) years. The Lease has a sixty-day (60) termination clause in the event the City needs the property for a public purpose prior to the termination of the Lease. For more specific terms, see attached Summary of Terms. . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. . Recommendation: Approval . Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of Agricultur~ City Manage~\::, l~ '0r3tl9t \\vbgov.comldfs 1 lapplications\citylawprod\cycom32\ WpdocsID009\P005\OOO 14994.DOC 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 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 3- YEAR LEASE WITH MICHELE P. SHEAN (T/A VIRGINIA GARDEN) FOR SPACES #23, #24 AND #27 IN THE VIRGINIA BEACH FARMERS MARKET WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia Beach, Virginia (the "Property"); WHEREAS, Michele P. Shean (t/a Virginia Garden) ("Virginia Garden") is an existing tenant and would like to enter into a new formal lease arrangement with the City for Spaces #2:3, #24 & #27 in the Property (the "Premises"); WHEREAS, the Premises will be utilized as a retail establishment for the sale of organic produce and groceries, and for no other purpose; WHEREAS, Virginia Garden has agreed to pay the City $706 per month ($8,472 per year) for the use of the Premises for the first year of the term, with annual rent increases equal to 5%; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA I3EACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of three (3) years betwl3en Michele P. Shean (t/a Virginia Garden) and the City, for the Premises in accordance with the Summary of Terms attached hereto, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adoptee! by the Council of the City of Virginia Beach, Virginia on the , 2009. day of APPROVED AS TO LEGAL SUFFICIE~C\'~RM APPROVED AS TO CONTENT ~n~L:re . CA11026 v :\llpplicatious'dyJawprod\CYCl 1In32\ Wpdocs'lJ007\P004\0007180 I.DOC R-1 June 10,2009 II II SUMMARY OF TERMS LEASE FOR SPACES #23, #24, AND #27 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Michele P. Shean (t/a Virginia Garden) PREMISES: Spaces #23, #24, and #27 TERM: 3 years: July 1, 2009 - June 30, 2012 RENT: y M thl R t A IR t ear on Iy en nnua en 1 $ 706 $ 8,472 2 $ 741 $ 8,892 3 $ 778 $ 9,336 RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space for the sale of organic produce and groceries, and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. . During the months of April through December, the Premises will be open from 10:00 a.m. to 5:00 p.m. Monday through Saturday, and will be closed Sunday. During the months of January and February, the Premises will be open from 10:00 a.m. to 5:00 p.m. Tuesday through Saturday, and will be closed on Sunday and Monday. The Premises will be closed in March. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: . After 18 months, either party may terminate by providing the other party sixty (60) days' notice. . City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\dfs 1 lapplications\cilylawprod\cycom32\Wpdocs\D009\PO05\00015000.DOC ~ ~ " I . . \ ".- '-~ ___r ----- a .., ...."" .........j~...\~ """''' -I' ..~",. ..::- )~".j """c' t...'J~ iY , " ,. ='"'< / .."'(' .) \\ / \. 1~" ":" ..,. , II I' II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3-Year Lease With Country Butcher, Inc. for Space #12 in the Virginia Beach Farmers Market. MEETING DATE: June 23, 2009 . Background: Country Butcher, Inc. is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease Space #12 from the City of Virginia Beach (the "City"). . Considerations: The term of the Lease is three (3) years. The Lease has a sixty-day (60) termination clause in the event the City needs the property for a public purpose prior to the termination of the lease. For more specific terms, see attached Summary of Terms. . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. . Recommendation: Approval . Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of Agriculture~. City Manage . 1L ~b<Y\. .. \ 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 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 3- YEAR LEASE WITH COUNTRY BUTCHER, INC. FOR SPACE #12 IN THE VIRGINIA BEACH FARMERS MARKET WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia Beach, Virginia (the "Farmers Market"); WHEREAS, Country Butcher, Inc. ("Country Butcher") is an existing tenant and would like to enter into a formal lease arrangement with the City for Space #12 in the Farmers Market (the "Premises"); WHEREAS, the Premises will be utilized as a butcher shop serving fresh meats, and for no oth er purpose; WHEREAS, Country Butcher has agreed to pay the City $592 month ($7,104 per year) for the use of the Premises for the first year of the term, with annual rent increases equal to 5%; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of three (3) years beMeen Country Butcher, Inc. and the City, for the Premises in accordance with the Summary of Terms attached hereto and made a part hereof, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day of APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ APPROVED AS TO CONTENT 4~ · · Department of J\griculture CA11025 v :Iapplicationslcitylawprod'.cy ;om32IWpdocsil10251P004\00007364.DOC R-1 June 12, 20m;, I II I' II II SUMMARY OF TERMS LEASE FOR SPACE #12 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Country Butcher, Inc. PREMISES: Space #12 TERM: 3 years: July 1, 2009 - June 30, 2012 RENT: Y M thl R t A IR t ear on IY en nnua en 1 $ 592 $ 7,104 2 $ 622 $ 7,464 3 $ 653 $ 7,836 RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space as a butcher shop serving fresh meats, and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. . During all months except for March, the Premises will be open from 10:00 a.m. to 5:00 p.m. Monday, Tuesday, Thursday, Friday and Saturday; and from 12:00 p.m. through 5:00 on Sundays. The Premises will be closed on Wednesdays and during the month of March. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: . After 18 months, either party may terminate by providing the other party sixty (60) days' notice. · City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. V :\applicatioDSlcityla\\1 ~od',cycom32\ WpdocsID025\P004100007365 .DOC \' ..\ \. H -..,.,..~, --------:.: . \ ...--- ~ f I ".. ~ ~ ~ II I, III CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3-Year Lease With Elsie V. Creekmore (t1a Creekmore's Place) for Spaces #7 & #8 in the Virginia Beach Farmers Market. MEETING DATE: June 23, 2009 . Background: Elsie V. Creekmore (t1a Creekmore's Place) is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease Spaces #7 & 8 from the City of Virginia Beach (the "City"). . Considerations: The term of the Lease is three (3) years. The Lease has a sixty-day (60) termination clause in the event the City needs the property for any public purpose prior to the termination of the Lease. For more specific terms, see attached Summary of Terms. . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. . Recommendation: Approval . Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of Agriculture ~ ::_:~:::~]::~~~ 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 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 3-YEAR LEASE WITH ELSIE V. CREEKMORE (T/A CREEKMORE'S PLACE) FOR SPACES #7 & #8 IN THE VIRGINIA BEACH FARMERS MARKET WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia Beach, Virginia (the "Farmers Market"); WHEREAS, Elsie V. Creekmore (t1a Creekmore's Place) ("Creekmore") is an existing tenan1 and would like to enter into a formal lease arrangement with the City for Spaces #7 and #8 in the Farmers Market (the "Premises"); WHEREAS, the Premises will be utilized as a retail establishment selling produce, flowErs, sodas, and canned preserves, and for no other purpose; WHEREAS, Creekmore has agreed to pay the City $492 per month ($5,904 per year) for the w,e of the Premises for the first year of the term, with annual rent increases equal to 5%; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of three (3) years between Elsie V. Creekmore (t1a Creekmore's Place) and the City, for the Premises in accordance with the Summary of Terms attached hereto and made a part hereof, and su::h other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day of APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~1 ~tMirk City Attorney APPROVED AS TO CONTENT ;#.-> ,~~ ~ Department of griculture . CA11024 '\vbgov.com\dfSl \applications\c itylawprod'.cycom32\Wpdocs\D009\P005\OOO l4984.DOC R-1 June 12, 2009 II II SUMMARY OF TERMS LEASE FOR SPACES #7 & #8 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Elsie V. Creekmore (t/a Creekmore's Place) PREMISES: Spaces #7 and #8 TERM: 3 years: July 1, 2009 - June 30, 2012 RENT: M hi R Year ont Iy ent Annual Rent 1 $ 492 $ 5,904 2 $ 517 $ 6,204 3 $ 543 $ 6,516 RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space for the sale of produce, flowers, sodas, and canned preserves, and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. . During the months of April through December, the Premises will be open from 10:00 a.m. to 5:00 p.m. Monday through Saturday, and from 12:00 p.m. through 5:00 on Sunday. Lessee is not required to be open during the months of January, February and March. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: . After 18 months, either party may terminate by providing the other party sixty (60) days' notice. . City alsD has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. V: >.applications\cityla"l 'rod\cycom32\ Wpdocs\D025\P004\00007365 .DOC \\ ..\ I. H ~ \ '\ \ \ /} f ~, r-- - . -- ~~, _..;T , -------- . --- ~ ." f I ... -- ~ --------- , II I' 1" 1,1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3-Year Lease With Kenneth A. Chapman (t1a Chapman's Flowers, Inc.) for Spaces #3 and #4 in the Virginia Beach Farmers Market. MEETING DATE: June 23, 2009 . Background: Kenneth A. Chapman (t1a Chapman's Flowers, Inc.) is an existing tenant at the Virginia Beach Farmers Market and would like to continue to lease Spaces #3 and #4 from the City of Virginia Beach (the "City"). . Considerations: The term of the Lease is three (3) years. The Lease has a sixty-day (60) termination clause in the event the City needs the property for a public purpose prior to the termination of the lease. For more specific terms, see attached Summary of Terms. . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. . Recommendation: Approval . Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of Agriculturel"p City Manag . !::.l , ~~ \\vbgov.comldfs 1 \applicationslcityla odlcy m321 WpdocsID009\P0051000 1 S004.DOC 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 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR THREE YEARS WITH KENNETH A. CHAPMAN (T/A CHAPMAN'S FLOWERS, INC.) FOR CITY-OWNED PROPERTY KNOWN AS SPACES #3 & #4 IN THE VIRGINIA BEACH FARMERS MARKET IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia Beach, Virginia (the "Property"); WHEREAS, Kenneth A. Chapman (t/a Chapman's Flowers, Inc.) ("Chapman's Flowers") is an existing tenant and would like to enter into a new formal lease arrangement with the City for Spaces #3 & #4 in the Property (the "Premises"); WHEREAS, the Premises will be utilized as a specialized florist, and for no other purpose; WHEREAS, Chapman's Flowers has agreed to pay the City $592 per month ($7,104 per year) for the use of the Premises for the first year of the term, with annual rent increases equal to 5%; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13EACH, VIRGINIA: That thE~ City Manager is hereby authorized to execute a lease for a term of three (3) years betwl3en Kenneth A. Chapman (t/a Chapman's Flowers, Inc.) and the City, for the Premises ill accordance with the Summary of Terms attached hereto, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adoptee! by the Council of the City of Virginia Beach, Virginia on the ,2009. day of APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~1J;-- APPROVED AS TO CONTENT /P-~4' ~ Department of gnculture CA 11023 v: ..applicalions\cilylawprod\cyc( ,m32\ Wpdocs\D007 P004\0007180 I.DOC R-1 June 12, 2009 , II II 1,1 1,1 SUMMARY OF TERMS LEASE FOR SPACES #3 & #4 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Kenneth A. Chapman (t/a Chapman's Flowers, Inc.) PREMISES: Spaces #3 and #4 TERM: 3 years: July 1, 2009 - June 30,2012 RENT: y M thl R t A IR t ear on IY en nnua en 1 $ 592 $ 7,104 2 $ 622 $ 7,464 3 $ 653 $ 7,836 RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space as a specialty florist, and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance for the Premises with policy limits of not less than $500,000 combined single limits per occurrence. . During the months of April through December, the Premises will be open from 10:00 a.m. to 5:00 p.m. Tuesday through Saturday; from 12:00 p.m. through 5:00 p.m. on Sundays; and will be closed on Monday. During the months of January through March, the Premises will be open from 10:00 a.m. to 5:00 p.m. Tuesday through Saturday; and will be closed on Sunday and Monday. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: . After 1,3 months, either party may terminate by providing the other party sixty (60) days' notice. . City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. Ilvbgov .comldfs 1 lapl ,jicationslcitylawprodlcycom32\WpdocsID009IPO05100014979. DOC II II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Reimbursement of an Employee for Legal Fees and Expenses Incurred in the Successful Defense of a Misdemeanor Charge Arising Out of the Discharge of Official Duties MEETING DATE: June 23, 2009 . Background: A citizen appeared before a Magistrate Judge and swore out a warrant against a housing code inspector for misdemeanor assault in connection with a dispute regarding an annual inspection of her residence for the Housing Choice Voucher (HCV) program. Police were called to the scene and did not find probable cause to arrest the code inspector. The citizen swore out the charge three weeks after the alleged incident. On June 1, 2009, the criminal charge was tried and the code inspector was found not guilty. The employee was represented at trial by defense counsel William H. O'Brien with the law firm of Brydges, Geroe, Rosenblatt & O'Brien, PLLC. Mr. O'Brien rendered an invoice for $1,500 in fees. . Considerations: Section 15.2-1521 of the Code of Virginia authorizes local governing bodies to reimburse the legal fees and expenses incurred by any employee of the locality on any criminal charge arising out of any act committed in the discharge of the employee's official duties if at trial the employee is found not guilty. The City Attorney's Office has reviewed the circumstances of the case and determined that the legal fees $1,500.00 are reasonable. . Recommendation: Approval of ordinance. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Attorney ,~FtS CityManage~sk ~~ 1 AN ORDINANCE AUTHORIZING THE 2 REIMBURSEMENT OF AN EMPLOYEE'S 3 LEGAL FEES AND EXPENSES INCURRED IN 4 THE SUCCESSFUL DEFENSE OF A 5 MISDEMEANOR CHARGE ARISING FROM 6 THE DISCHARGE OF OFFICIAL DUTIES 7 8 WHEREAS, a Virginia Beach employee was charged with a misdemeanor for 9 actions arising out of the performance of his official duties; 10 11 WHEREAS, at a trial held in the Virginia Beach General District Court on June 1, 12 2009, the employee was found not guilty of the charge; 13 14 WHEREAS, in the defense of said charge, the employee incurred legal fees and 15 expenses in thH amount of $1,500.00 and has requested the City to reimburse him for such 16 fees and expenses; 17 18 WHERE.AS, Section 15.2-1521 of the Code of Virginia provides that "(i)f any officer 19 or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on 20 any criminal charge arising out of any act committed in the discharge of his official duties, 21 and no charges are brought, the charge is subsequently dismissed, or upon trial he is 22 found not guilty, the governing body of the locality may reimburse the officer or employee 23 for reasonable legal fees and expenses incurred by him in defense of such investigation or 24 charge, the reimbursement to be paid from the treasury of the locality"; and 25 26 WHEREAS, the Department Director and the City Attorney's Office have reviewed 27 the circumstances of this case, assessed the itemized bill submitted by the employee's 28 legal counsel, and determined that the legal fees and expenses are reasonable. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the Director of Housing and Neighborhood Preservation is hereby authorized to 34 expend funds in the amount of $1,500.00 from the FY 2008-09 Operating Budget of the 35 Department of Housing and Neighborhood Preservation for the purpose of reimbursing the 36 employee for 119gal fees and expenses incurred by him in defense of a misdemeanor 37 charge brough1 against him arising out of the performance of his official duties. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 40 day of , 2009. APPROVED AS TO LEGAL SUFFICIENCY: ~'- TH O;::-~- &~<:V~ hh-"'~ ~~ ~.-_~, 8/ ~~~~~ ~CHARD T. BARTlETT ;. i ~ Lie. No. 1833~; : \"% ~/r)OI!;"~ :.<'~ ~ Ss .~~ /ONAL t.. PROPOSED 60 LF RIP RAP TO BE INSTALLED AT .rOE. LANDWARD Of EX. TIMBER BULKHEAD AT SOUTHERN END Of=- PROPERTY. SEAWARD OF EX. TIMBER BULKHEAD AT WESTERN SIDE OF PROPERTY - BULKHEAD AND PII.ES TO BE REMOVED LAKE RUDEE _ EBB~ C-FLOOO- APO 2 CITY OF VIRGINIA BEACH GPIN: 2427-01-8282 EX. PIER & RAMP MLW & MHW AT EX. BULKHEAD PROPOSED 4' X 16' WAU<WAY OVER RIP RAP / /' ~ RIP R::' 0 ',,----, ADJACENT PROP RTY APO 1 N/F JOHN B. PARKER III 604 GOlDSBORO AVENUE GPIN: 2427-01 -8610 " / EX. _~~~BFB.-8t1CKHEAD ---- PROPERTY LINE PER PLAT PIER & +l o .... .... APO 3 N/F WILLIAM SIMMONS 612 GOLOSBORO AVENUE GPIN: 2427-01-6650 +l 'ixl orExl N~ /EX~ ------ 1 STORY BRICK & FRAME #606 o o .... fT1 X EX. CONC. pRIVE DETAIL VIEW SCALE: 1 "=30' 75 GPIN: 2427 01 7641 ZONING: R5S (lNST # 20051202001929990) APO'S: 1. J. PARKER 2. CITY OF VIRGINIA BEACH 3. W. SIMMONS ENGINEERING SERVICES PROVI['ED BV: PROFESSIONAL CONSTRUCTION CONSULTANTS. LLC. PHONE: (757) 773-8084 EMAlL: PCCLLCOCOX.NET REV JUNE 17. 2008 REV AUG 5 2008 GOLDSBORO AVENUE (50' R/W) SCALE: 1"=40' ENCROACHMENT REQUEST - "EXHIBIT A" RIPRAP AND WALKWAY FOR GARY ROBINSON LOTS 9 & 10 & EASTERN HALF OF LOT 8, BLOCK 28, SHADOW LAWN HEIGHTS (M.B. 7 PG. 14) MAY 28, 2008 SHEET 1 OF 1 I' ,;1 II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Rudee located at the rear of 606 Goldsboro Avenue, for Gary W. Robinson MEETING DATE: June 23,2009 . Background: Gary Robinson has requested permission to construct and maintain rip rap and a walkway in a portion of City property known as Lake Rudee, located at the rear of 606 Goldsboro Avenue, Virginia Beach, Virginia. The proposed rip rap will replace a portion of an existing bulkhead that was approved by Council on June 28, 2005. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Rudee. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. The Department of Planning/Environmental Management Center has determined that the applicant shall make a FIVE HUNDRED AND FORTY DOLLAR ($540.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on City owned property. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Depa,rtmentlAgency: Public Wor1<s/Real ~~ 2' CJf: ~ City Manager: ~~ )L~ ~ '----/" , 'I II II II 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS LAKE RUDEE LOCATED AT THE REAR OF 606 GOLDSBORO AVENUE FOR GARY W. ROBINSON WHEREAS, GARY W. ROBINSON desires to construct and maintain rip rap and a walkway in a portion of City property known as Lake Rudee, located at the rear of 606 Goldsboro Avenue, in the City of Virginia Beach, Virginia. WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in 99 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, GaryW. Robinson, his heirs, assigns, and successors in title, are authorized to construct and maintain temporary encroachments for rip rap and a walkway within a portion of the City's property known as Lake Rudee as shown on the map marked Exhibit "A' and entitled: "ENCROACHMENT REQUEST-"EXHIBIT A' RIP RAP AND WALKWAY FOR GARY W. ROBINSON LOTS 9 & 10 & EASTERN HALF OF LOT 8, BLOCK 28, SHADOW LAWN HEIGHTS," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Gary W. Robinson (the "~greemenf'), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Gary W. Robinson 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-10743 X:IOIDlREAL ESTATEIEncroachmentslPW OrdinanceslCA10743 Robinson Ordiance.doc V:lapplicalionslcilylawprodlcycom32IWpdocsID014IP004\00062406.DOC R-1 PREPARED: 5/13/09 APPROVED AS TO CONTENTS ~\f..\t\~, Gl. l!tnnL~Ra PUBLIC WORKS, REAL ESTATE cr ~/ fs-lD:::i APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~~~OW1~ CITY ATTORNEY II II 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 29th day of April, 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GARY W. ROBINSON, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lots 9, Lot 10,and the Eastern one-half of Lot 8, Block 28" as shown on that certain plat entitled: "MAP OF SHADOW LAWN HEIGHTS VIRGINIA BEACH PRINCESS ANNE CO SCALE 1" = 100' APRIL 1924" 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 14, and being further designated, known, and described as 606 Goldsboro Ave, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain rip rap and a walkway, collectively, the ''Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Rudee, located at the rear of 606 Goldsboro Avenue, Virginia Beach, Virginia, the "Encroachment Area"; and GPIN: 2427-01-7641-000 (606 Goldsboro Avenue) CITY PROPERTY - NO GPIN lNHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. I\JOW, 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 constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordan ce 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 Bhown on that certain plat entitled: "ENCROACHMENT HEQUEST - "EXHIBIT A" RIPRAP AND WALKWAY FOR GARY ROBINSON LOTS 9 & 10 & EASTERN HALF OF LOT 8, BLOCK 28, SHADOW LAWN HEIGHTS (M.B. 7 PG. '14)", a copy of which is attached hereto as "Exhibit A" and to which reference is made for a mo re 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, ancl Grantee shall bear all costs and expenses of such removal. 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 E!XpenSes of such removal. 2 i 'I II 1,1 II It is further expressly understood and agreed that the Grantee shall defend, indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expen ses, 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 pe rmit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is understood and agreed the Grantee shall make a FIVE HUNDRED AND FORTY DOLLAR ($540.00) payment, payable to the City Treasurer, to the Department of Planning as compensation in lieu of the 15 feet of riparian buffer area required as a standard condition of the City, which cannot be established on the Grantee's property. Said payment will be used to restore buffer areas on City owned property. 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 3 carry comprehensive general liability insurance in an amount not less than $500,000.00, combined sin~lle limits of such insurance policy or policies. The Grantee will provide endorsement~, providing at least thirty (30) days written notice to the City prior to the cancellation 01" termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and Iiabilit ies, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachmen1: 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 .f 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 thl~reafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, GARY W. ROBINSON, the said Grantee, has caused this A!]reement to be executed by his signature. 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. 4 , II Ii " II 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. (SEAL) Notary Public 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 L;:~ cu. ft GA Y W. ROBINSON , STATE OF VE~GINIA . CITYICOUNTi'"OF Viv~iNl.4 (2z-~thO-Wit: ThH foregoing instrument was acknowledged before me this dCf ~ay of tj .Apn"t.-- , 200~, by Gary W. Robinson. Notary Public ?kL- JAClYN IIMIf AOI.E. NotIry ~ COmmonwelllll of YIrOiftfa 7215978 Commll. Mar 31. 2012 Notary Registration Number: -'~J!SCJ 7~ My Commissio 1 Expires: Wt ~(C~ 31) :LD I ;2 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ll_ C\. ib\Cti\~vqtf.D ~iJwll ~Jt.I(~ SIGNA TURf '-\~ t)~ .If.. \..,,"''(:Jt\C./J ~~~nJ t=~JCltr DEPARTMENT 6 K\ o' 20' 40' .....----.J SCALE: 1" = 40' PROPOSED*'X-l;- - G NGWAY PROPOSED 5 13' ACCESS IER 1.: 5' 34' 4' PROPER ry LINE / RICHARO & ANNA 8RAll8LE LOT 203A GPIN #2409291316 M8 48 PG 15 APPLICATION BY: DALE EVERHART 9804 SPRING RIDGE LANE VIENNA VA 22182 TREASURE CANAL ~CANAL FAR SIDE (BULKHEADED) CITY OF VA 8EACH CANAL CENTER L1NE~ 68' --- ---~- MHW SPAN 4 PILE LINE LANDWARD EDGE PROPOSED RIPRAP 15' MULCHED BUFFER - 1875 SF (5) TREES - CANOPY OR EVERGREEN (5) UNDER STORY TREES - CANOPY OR EVERGREEN (10) LARGE SHRUBS ." (15) SMALL SHRUBS OR WOODY GROUND COVER REFERENCE VDCR RIPARIAN BUFFER MANUAL TABLE A PROPERTY LINE w N '" N i:J o to to z N '" N . ..': ... .0 o ..; to w ." . <Ii ... ..: .~.~ ."': ... z PATRICIA MEHLE ROULSTONE LOT 205 GPIN #2409198460 MB 48 PG 15 DALE EVERHART LOT 204A GPIN #2409290308 MB 48 PC 15 11000' S 78' 30' 36" E '.L R 10' 41 SPINNAKER CIR 215' LEEWARD SHORE DRIVE EXHIBIT A ENCROACHMENT OF PROPOSED PIER, GANGWAY, FLOATING DOCK, & BOATLlFT IN TREASURE CANAL AT LOT 204A BAY ISLAND SECTION 2 MARINE ENGINEERING & TECHNOLOGY LLC SHEET 1 OF 1 DATE: DECEMBER 29, 2008 811 JUNIPER CRESCENT SUITE #, 2 CHESAPEAKE, VA 23320 PH: (757) 227-4786 , II II II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into Treasure Canal, a portion of City property located at the rear of 2213 Leeward Shore Drive, by Charles Dale Everhart MEETING DATE: June 23, 2009 . Background: Charles Dale Everhart has requested permission to construct and maintain proposed piers, gangway, floating dock, and boatlift upon a portion of the City's property known as Treasure Canal, located at the rear of 2213 Leeward Shore Drive. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Canal. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department. of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area, consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline, is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. The applicant has submitted a plan for establishing a 15 foot wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. . 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: Ordinanee, Agreement, Plat, Location Map and Pictures Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Worksl City Manager~~::, /L.. ~~ Z d'{H. II II 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO TREASURE CANAL, A PORTION OF CITY PROPERTY LOCATED AT THE REAR OF 2213 LEEWARD SHORE DRIVE, BY CHARLES DALE EVERHART WHEREAS, Charles Dale Everhart desires to construct and maintain a pier, gangway, floating dock, and boatlift upon a portion of the City's property known as Treasure Canal, located at the rear of 2213 Leeward Shore Drive, in the City of Virginia Beach, Virginia. WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in 99 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charles Dale Everhart, his heirs, assigns and successors in title are authorized to construct and maintain the temporary encroachments for two piers, gangway, floating dock, and boatlift, upon the City's property as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED PIER, GANGWAY, FLOATING DOCK, & BOATLlFT IN TREASURE CANAL AT LOT 204A BAY ISLAND SECTION 2," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Charles Dale Everhart (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Charles Dale Everhart and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day of CA-10784 X:IOIDIREAL EST A TEIEncroachmentslPW OrdinanceslCA 10784 Everhart Ordiance.doc V:\applicationslcitylawprodlcl'com32IWpdocslDO 16IP004\OOOO1301.DOC R-1 PREPARED: f.~/22/09 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ f.\' ('. (7fw.!: 'b ~ L1C WORKS, REAL ESTATE 'Veta ' Dana R. Harm~ Assistant City Attorney II II I 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 15th day of May, 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES DALE EVERHART, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 204A" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 201, 202, 203 & 204 BAY ISLAND SECTION-2 PRINCESS ANNE COUNTY, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 55, at page 53, and being further designated, known, and described as 2213 Leeward Shore Drive, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain two piers, gangway, floating dock, and boatlift, collectively, the ''Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Treasure Canal, the "Encroachment Area"; and GPIN: 2409.29.0308.0000 No GPIN Assigned (Treasure Canal) 'WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. I\JOW, 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 constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as Bhown on that certain plat entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED PIER, GANGWAY, FLOATING DOCK, & BOATLlFT IN TREASURE CANAL AT LOT 204A BAY ISLAND SECTION 2," 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. 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 thil1y (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. 2 II II 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 a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning 3 when the Buffer is complete and ready for in spection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 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 sinule limits of such insurance policy or policies. The Grantee will provide endorsementB 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 the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. 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 tho real property tax upon the land so occupied if it were owned by the 4 i, II Grantee; and if such removal shall not be mad e within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Charles Dale Everhart, the said Grantee, has caused this agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONAllY lEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2009, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 II II --I:J L);/ 1l / ~-f: .5} ~ ,,- 0 , , /~,./..~ ./~!~ '1.....^'/O(./ ....{/ D ale Everhart STATE OF V / R G1lfJlPr CITY/COUNTY OF 'FA1 ~~ , to-wit: ~ The foregoing instrument was ackn owl edged before me this ---J-L day of JY1ft-t1 ,2009, by Charles Dale Everhart. II cJj.- R.q~ ~PUbIIC U (SEAL) My Commission Expires: ."",.,."",."",...~-.-.... ~,'~. ,-,<; "'-........._~..................Ooo$.............., Q) OFFICIAL SEAL 1l0TAliY PUBLlc.cmO.WULTH OF VIRGil" VIDHI DUNGAAANI COUNTY OF FAIRFAX · 10 I 7072482 My CommiasIon ExpIr8s October 31, 2010 ..............~~t-......-..-l",~,"'.., ,'~ ..,,--' ~-~..........,........,.......... Notary Registration Number: 70724- 6 Z- APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~S.~1Sh' . \') /-.-. P;1~ - DANA R. ARrhVER, ASSISTANT CITY A TTORNEV pw ReAl [6tdf DEPARTMENT 7 , II 11 II II ~~;;ilA>-ffi~~ (~~~~#,-~,~,;. ""tl., ,'0 ~l 9~; ii) ~~~~t~~~;~~5i!! CITY OF VIRGINIA BEACH AGENDA ITEM Item: Ordinance Providing for Bids for a Lease of a Portion of the City Property Located at 320 Sandbridge Road (Sandbridge Water Tank Site) for the Purpose of Constructing, Maintaining an~ Operating Wireless Telecommunications Facilities Meeting Date: June 23, 2009 . Background: The City Council has authorized bids for the lease of a portion of the City's Sandbridge Water Tank site for use as a communications tower site. The leasing process requires an ordinance seeking bids, the advertisement of the bids and a final ordinance awarding the lease. The present ordinance is the first of the two ordinances and seeks bids for the lease. . Considerations: The proposed lease would allow a monopole cell tower up to 170' in height, exclusive of an osprey perch, and associated equipment at the site. With the exception of the rent provisions, all of the material terms of the lease have been agreed upon by the interested providers, such that each bidder only needs to offer the rent it is willing to pay. It is anticipated that the bids will be opened in early September and that the ordinance awarding the lease to the winning bidder would be placed on the agenda later that month. The adoption of the proposed ordinance would not, however, bind the City to actually award the lease, as the City will reserve the right to reject all bids. . Public Information: The bids will be advertised in the newspaper once per week for two successive weeks, and an advertised public hearing will be held for the ordinance awarding the bid. In addition, the President of the Sandbridge Civic League has been informed of the matter. . Alternatives: Wireless telephone service in the Sandbridge area would be greatly improved by the presence of the proposed communications tower. The proposed lease furthers the City's policy of allowing public property to be leased as sites for wireless communications services . Recommendations: Adoption of ordinance. . Attachments: Ordinance and bid notice. Recommended Action: Adoption of Ordinance Submitting Department/Agency: Department of Public Utilities .j f'VI '/:tz. 4" \ City Manage~ t . ~~ , II 11 1,1 II 1 AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE 2 OF A PORTION OF THE CITY PROPERTY LOCATED AT 3 320 SANDBRIDGE ROAD (SANDBRIDGE WATER TANK 4 SITE) FOR THE PURPOSE OF CONSTRUCTING, 5 MAINTAINING AND OPERATING WIRELESS 6 TELECOMMUNICATIONS FACILITIES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That there shall be granted, in the mode prescribed by Article 1, Chapter 21, 12 Title 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter 13 specified, a lease of property more fully described in the attached document entitled 14 "Antenna Lease Agreement Sand bridge Water Tank Site," City of Virginia Beach, 15 Lessor, and , Lessee," for the purpose of constructing, 16 maintaining and operating wireless telecommunications facilities, including but not 17 limited to, a monopole-style communications tower, antennas, connecting cables and 18 appurtenances and for the construction, maintenance and operation of an accessory 19 building housing equipment to be used in conjunction with the aforesaid facilities. 20 21 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That upon approval of this Ordinance by the City Council, it shall be the duty of 25 the City Clerk to cause to be advertised once per week for two successive weeks, in a 26 newspaper having general circulation in the City, a descriptive notice of the proposed 27 ordinance granting such lease, and in addition the Clerk shall, by such advertisement, 28 invite bids for the privileges and rights proposed to be granted by such ordinance, which 29 bids shall be in writing and shall be delivered to the Mayor, or in the absence of the 30 Mayor, to the Vice-Mayor, in open session at the day and hour specified in such 31 advertisement, which bids shall then be presented to the City Council by the Mayor, or 32 in the absence of the Mayor, by the Vice-Mayor, to be dealt with and acted upon in the 33 manner prescribed by law. Such advertisement shall expressly reserve the right to 34 reject any and all bids, and the successful bidder shall be required to pay all costs of 35 advertising such ordinance in addition to all other sums required under such lease. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day APPROVED AS TO CONTENT: ~ OMQA) /VI Department of Public CA 11161 June 9, 2009 R-1 APPROVED AS TO LEGAL SUFFICIENCY: ))(}k;, IV elf act! City Attorney's Office I, II Public Notice Notice is hereby given pursuant to an ordinance approved by the City Council on June 23,2009, that bids shall be received for a lease of a portion of City property located at 320 Sandbridge Road (Sandbridge Water Tank site), in the Princess Anne District, for the purpose of constructing, maintaining and operating wireless telecommunications facilities, including, but not limited, to antennas, connecting cables and appurtenances and accessory structures 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 Chambers, City Hall Building, Municipal Center, Virginia Beach, Virginia, on August 25, 2009, at 6:00 p.m., and after the 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 PROVIDING FOR BIDS FORA LEASE OF A PORTION OF THE CITY PROPERTY LOCATED AT 320 SANDBRIDGE ROAD (SANDBRIDGE WATER TANK SITE) FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES A copy of the proposed ordinance, including the lease to be 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 II ,. r;6~~~~6~ fC~"'^ ~~~:,~~ tf: 1. "-,~, ~c.' '; ~"~~ <4. ~_""_, ';::"~ .' ~ \~t:'?E~Jj; ~ \.. CITY OF VIRGINIA BEACH AGENDA ITEM ~ ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1,2009, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 23, 2009 . Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added S 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the term of such viewers. . Considerations: Because the terms of the current viewers expire on June 30, 2009, it is necessary to appoint viewers for one-year terms beginning July 1, 2009. . Public Information: This ordinance is to be advertised as a routine agenda item. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning. City Manager:~ k . ~1S\'?'ft 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2009, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that U[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2009 and ending June 30, 2010. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2009 and ending June 30, 2010, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. 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: R~ City Attorney's OfficeS-- CA 11155 R-1 June 1, 2009 II II ,!f~~';:~:~'?'\;. :8: :t:., .(...'., ...,;.J \>~~~~ f"J ~-'). ':>;/ ...~'...;.;..;~.. ~.~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving an Application of the Virginia Beach School Board to the Literary Fund of Virginia for a School Construction Loan in the Amount of $4,879,954 MEETING DATE: June 23, 2009 . Background: On June 16, 2009, the Virginia Beach School Board approved a resolution to submit an application to the Virginia Board of Education for a Literary Fund Loan of $4,879,954 to apply towards the construction of College Park Elementary (CIP Project 1-026). As part of the application process, City Council must also approve the School Board application. . Considerations: The Literary Fund Loan is an excellent financing tool, as the interest rate on the loan is 3%, a rate lower than the City's current rate on general obligation bonds. The loan is not additional debt of the City, as it will serve in lieu of the City's issuance of $4,879,954 of City Charter Bonds for school purposes. It is repaid annually over twenty years. With this request, Schools will have the maximum total loan amount ($20,000,000) under the Literary Fund Program (see attached list). . Public Information: Public notice is provided through the normal Council agenda process. The item was also a part of the School Board agenda on June 16, 2009. . Attachments: Resolution approving the School Board application; Adopted School Board Resolution of June 16, 2009; List of outstanding Literary Fund Loans. RECOMMENDED ACTION: Approval SUBMITTING DEPARTMENT/AGENCY: Finance CITYMANAGE~ ~ ~~ II 1 A RESOLUTION APPROVING AN APPLICATION OF THE 2 VIRGINIA BEACH SCHOOL BOARD TO THE LITERARY 3 FUND OF VIRGINIA FOR A SCHOOL CONSTRUCTION 4 LOAN IN THE AMOUNT OF $4,879,954 5 6 7 WHEREAS, in the FY2002-03 Capital Improvement Program, City Council 8 established Capital Improvement Project (CIP), 1.026 College Park Elementary School 9 Replacement; 10 11 WHEREAS, additional funding for this replacement was appropriated in the 12 FY2009-10 Capital Budget; 13 14 WHEREAS, Section 22.1-146 of the Code of Virginia, 1950, as amended, 15 authorizes the Virginia Board of Education to make loans from the Literary Fund to local 16 school boards for the purpose of erecting, altering, or enlarging school buildings; 17 18 WHEREAS, any indebtedness owed by the Virginia Beach School Board to the 19 Literary Fund is a valid and legally binding indebtedness of the City of Virginia Beach, 20 Virginia, pursuant to Section 22.1-161 of the Code of Virginia, 1950, as amended; 21 22 WHEREAS, Section 22.1-158 of the Code of Virginia, 1950, as amended, 23 requires that the City shall include in its tax levies and appropriate to the school board 24 funds sufficient to meet the school board's debt service on any such loans; 25 26 WHEREAS, officials of the Virginia Beach School Board have prepared an 27 application addressed to the Virginia Board of Education for the purposes of borrowing 28 from the Literary Fund $4,879,954 to assist with the costs of replacing College Park 29 Elementary School, to be paid in twenty (20) annual installments with interest thereon at 30 three (3) percent annually, which loan will be in lieu of an equivalent amount of general 31 obligation bonds previously authorized for the project; and 32 33 WHEREAS, City Council desires to support this request and believes it to be 34 appropriate. 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 1. That the application to the Virginia Board of Education for a loan of 40 $4,879,954 from the Literary Fund to the Virginia Beach School Board is hereby 41 approved. 42 43 2. That the City Council include in its levies and appropriate to the Virginia 44 Beach School Board funds sufficient to meet the School Board's debt service on this 45 loan. 46 47 3. That, if the Literary Fund approves the issuance of $4,879,954, the City 48 Council shall replace $4,879,954 in Charter Bond financing allocated to College Park 49 Elementary School Replacement Project, CIP # 1.026, with Literary Fund Loan in like 50 amount. 51 52 This resolution shall be in effect on July 1, 2009. Adopted by thH Council of the City of Virginia Beach, Virginia on the _ day of June, 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 9~(-tL~ Finance Department ~~~ . ity A ey's OffiCe CA11169 R-2 June 17, 2009 ~ II I' STATE LITERARY FUND LOANS June 23,2009 Date Issued State Literary Funds: 1990 Salem Elementary 1990 Salem Junior High 1990 Salem Senior High 1991 Glenwood Elementary 1991 Strawbridge Elementary 1996 Ocean Lakes High 1996 Corporate Landing Elementary 2002 W. T. Cooke Elementary Great Neck Middle 09/15/1990 09/15/1990 09/15/1990 09/01/1991 09/01/1991 03/01/1996 03/01/1996 01/01/2002 n/a Subtotal State Literary Fund Loans Add: College Park Elementary State Literary Fund Loan * n/a Total State Literary Fund Loans * Application in process II I Original Balance Issue Outstanding $ 2,000,000 $ 200,000 2,000,000 200,000 2,000,000 200,000 2,500,000 375,000 130,546 20,046 2,500,000 875,000 2,500,000 875,000 7,500,000 4,875,000 7,500,000 7,500,000 $28,630,546 $15,120,046 4,879,954 4,879,954 * $33,510,500 $20,000,000 Note: In addition, there are Virginia Public School Authority Loans of $10,120,693 outstanding at June 23, 2009. SCHOOL BOARD Daniel D. Edwards Chairman District 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) . 717-0259 Ic) Rita Sweet Bellitto Vice Chairman At-Large P.O. Box 6448 VA Beach, VA 23456 418-0960 (c) William J. "Bill" Brunke, IV District 7 - Princess Anne 4099 Foxwood Drive, Suite 201 Virginia Beach, VA 23462 222-0134Iw) . 286-2772 (c) Todd C. Davidson At-Large 2424 Savannah Trail VA Beach, VA 23456 427-3330 (w) . 285-9409 (c) Emma L. "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Patricia G. Edmonson District 6 - Beach 205 34th Street. #1515 VA Beach, VA 23451 675-0137 (h) Dan R. Lowe Districl 4 - Bayside 4617 Red Coat Road 'fA Beach. VA 23455 -190-3681 (h) Brent N. Mckellz! e Dislricl3 - Rose Hal! 1400 Sroollwood Place V,~ Beach. Vb, 23453 816-m6 (c) Patrick S. Salyer :.t-Lorge 1741 Seatoq DrivL ,'/\ Beacb \// 23~.3,-: :20-2i/,1 Ie; Sallan:t ~":;dtb . k;J)W'i C)istrict 2 " lJ5 Rcd~ ,--'.ref)!.. fA Beach. ,//~ :~:A.r~:~ ;r,c_s is? !:-. "arul)ln Li. Vlf-;~~r;'i~; r:iJ\S fr, Becich. II';, 7.Y5~~ )G4-fiG7,~ n~~ SUPERINTENDENT James G. Merrill, Ell.D. 2512 George Mason Dr!'1~ 'fA Beach VA 23456 263-100/ \!iR(;INIA BEACH CITY PUBLIC SCHOOLS )\ H E ADO F THE CUR V E RESOLUTION APPROVING APPLlCA liON FOR A LITERARY LOAN FOR GREAT NECK MIDDLE SCHOOL WHEREAS, the School Board of the City of Virginia Beach, Virginia and the City Council of the City of Virginia Beach, Vi 'ginia have determined that the School Board has an immediate need to implement certain school capital projects including the acquisition, renovation and construction and equipping of improvements to and new facililies for Great Neck Middle School for school purposes (collectively the "Project") and the School Board will make application to the Literary Fund of the Commonwealth of Virginia for a Literary Loan (the "Literary Loan") relating to the Project in the total aggregated amount of $7,500,000.00 or otherwise cooperate with the City to obtain long- term financing of the Project; and WHEREAS, the School Board has embarked upon the construction of a new Great Neck Middle School and the renovation or replacement of related facilities to replace the aging existing building and facilities located at 1848 North Great Neck Road, Virginia Beach, Virginia, 23454; and WHEREAS, the Project requires $62,549,253.00 in monies to pay for the needed construction Project that the City must borrow long term; and WHEREAS, the Commonwealth's Literary Loan Fund is a source needed to assist the City in funding the $62,549,253,00 construction Project Now, therefore, be it RESOL VI:O: that the School Board hel-eby approves the submission of a $7,500,000.00 application for Literary L')an Funds as part of the necessary funding for the Great Neck Middle School construction Project and authclrizes the Superintendent or his designee to take other actions as necessary to obtain the Literary Loan; and be it FURTHER RESOLVED: that a copy of this Resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager and the City Clerk, Adopted by the School Board of the City of Virginia Beach, Virginia this 3rcl day of March 2009 S Ef\L_ '". .":, -. - .~. . . .l- ~,}", ,.-,.l/;, i/~~:'?\:? ci;:\. [Saniel D. Edwards, Chairman J :'} Attest.: , ;),:. -y) {',' j)"" . /7. ,,- .f.-.-5-,l-O/v1 /t/~A., jf___~_-lsg!:1i} /l't,t~J!..-i- . Dianne P Alexander, Clerk of the Board School Administration Building' 2512 Geor~ e Mason Drive. P.O. Box 6038 'Virginia Beach, VA 23456-0038 -- , 'I I: ;1 II I 1 A RESOLUTION APPROVING AN APPLICATION OF THE 2 VIRGINIA BEACH SCHOOL BOARD TO THE LITERARY 3 FUND OF VIRIGNIA FOR A SCHOOL CONSTRUCTION 4 LOAN IN THE AMOUNT OF $7,500,000 5 6 WHEREAS, in the FY2001-02 Capital Improvement Program, City Council 7 established Project, C.I.P. 1.019, Great Neck Middle School Replacement; 8 9 WHEREAS, additional funding for this replacement was appropriated In the 10 FY2008-09 Capital Budget; 11 12 WHEREAS, Section 22.1-146 of the Code of Virginia, 1950, as amended, 13 authorizes the Virginia Board of Education to make loans from the Literary Fund to local 14 school boards for the purpose of erecting, altering, or enlarging school buildings; 15 16 WHEREAS, any indebtedness owed by the Virginia Beach School Board to the 17 Literary Fund is a valid and legally binding indebtedness of the City of Virginia Beach, 18 Virginia, pursuant to Section 22.1-161 of the Code of Virginia, 1950, as amended; 19 20 WHEREAS, Section 22.1-158 of the Code of Virginia, 1950, as amended, 21 requires that the City shall include in its tax levies and appropriate to the school board 22 funds sufficient to meet the school board's debt service on any such loans; 23 24 WHEREAS, officials of the Virginia Beach School Board have prepared an 25 application addressed to the Virginia Board of Education for the purposes of borrowing 26 from the Literary Fund $7,500,000 to assist with the costs of replacing Great Neck 27 Middle School, to be paid in twenty (20) annual installments with interest thereon at 28 three (3) percent paid annually, which loan will be in lieu of an equivalent amount of 29 general obligation bonds previously authorized for the project; and 30 31 WHEREAS, City Council desires to support this request and believes it to be 32 appropriate. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE. COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 '1. That the application to the Virginia Board of E.ducation for a loan of 3i3 $7,500,000 from the Literary Fund to the VirDinia Beach School Board is hereby 39 approved 40 41 2. That the City Council include in its levies and appropriate to the Virginia 42 Beach School Board funds sufficient to rneet the School Board's debt service all this 43 loan. 44 45 This resolution shall be in effect from the date of its adoption. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia on the ~ t./ +-aay of 48 March, 2009. 49 APPROVED p.,S TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ')0- f, I ~j/Q 'Nl rle ~~- __.J J J t { P.I/t Finance Depaliment V /~~ offy t y's Office CA 11069 R-2 March 13, 2009 CERTIFIED TO BE A TRUE COPY OF A RESOLUTION ADOPTED BYTHE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON MARCH 24, 2009, .1 . ,,' .",,/ ~''"='''''-'//,{ -,,"'-,/~ - rtth4H~d;:~;~;;,?~~tMC'" . . City Clerk II II II CATION FUND OF VIRGINIA oIy 1, 2008 Literar Fund Loan Number: Division Number 1128 Name of County or City IVIRGINIA BEACH CITY Name of School Colle e Park Elementa School Contact Name Contact Phone Number Contact E-mail Address Samm Cohen (757) 263-1033 scohen@vbschools.com TO THE VIRGINIA BOARD OF EDUCATION, The VIRGINIA BEACH CITY School Board hereby makes application for a loan of $4,879,954.00 from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering (making permanent improvement to) College Park Elementary School which is located at: Description of Project: Replace College Park Elementary School. This facility is being designed/constructed as a certified facility in accordance w/standards established by the US Green Building Council. 1. Has VIRGINIA BEACH CITY advertised an Invitation for Bids for the said project described above? Select YES or NO here: NO 2. The said building, addition, or permanent improvement described above, will be used as a Elementa School building, and the total value of the construction on the above referenced project is estimated to cost: $ 22,392,750.00 3. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement thereto, and site, on account of which such loan is made. 4. The plans and specifications for the building or improvement, complying with the Virginia Statewide Building Code (~36.99, Code of Virginia ), have been or will be approved by the division superintendent of schools and received by the Superintendent of Public Instruction before construction is begun. It is understood that the Virginia Board of Education reserves the right to withhold any part or all of the amount of this loan, if the plans and specifications received by the Superintendent of Public Instruction are not followed. 5. VIRGINIA BEACH CITY has not defaulted or failed to meet its debt service obligations as and when due for the past five years except as follows (Enter N/A below if VIRGINIA BEACH CITY has never defaulted): N/A OOEStaffo.lr Literar Fund Loan Number: I Division Number b28 Name of County or City IVIRGINIA BEACH CITY Name of School Colle e Park Elemen School 6. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the Virginia Statewide Building Codf' (~36.99, Code of Virginia). 7. This loan is to be made for ~years, and is to be paid with interest at the rate of ~percent per annum, payable annually. 8. The Board of Superviwrs for the County, or the Council for the City, has by resolution agreed to provide for the repayment of this loan. (Note: Please submit the authorizing resolutions from the school board and local governing body (with original seals and signatures) along wilh your Literary Fund application. No application will be approved until these resolutions are submitted.) 9. The School Board is not in default in the payment of any part of the principal of any previous loan from the Literary Fund and, for at least two year> immediately before this loan, has not been in default in the payment of interest due on any loan from the Literary Fund. Given under my hand this day of: June 16, 2009 Date THE VIRGINIA BEACH CITY SCHOOL BOARD By: , Chairman Original Signature Required ATTEST: ,Clerk Original Signature Required THE VIRGINIA BEACH CITY SCHOOL BOARD SEAL (Note: Original SEAL is Required in the Area Provided Below on the Signed Application) 11 II APPL nON ND OF VIRGINIA 2008 Literar Fund Loan Number: Division Number 1128 Name of County or City IVIRGINIA BEACH CITY At a meeting of the City Council for VIRGINIA BEACH CITY held in the said County or City on June 23, 2009 WHEREAS, The VIRGINIA BEACH CITY School Board presented to this Board or Council on June 23, 2009 an application addressed to the Virginia Board of Education for the purpose of borrowing $4,879,954 from the Literary Fund for the purpose set out in said application for Colle e Park Elementa School to be paid in 20 annual installments, and the interest thereon at 3 percent paid annually. RESOLVED, That the application of the VIRGINIA BEACH CITY School Board to the Virginia Board of Education for a loan of $4,879,954.00 from the Literary Fund is hereby approved, and authority is hereby granted to the VIRGINIA BEACH CITY School Board to borrow $4,879,954.00 for the purpose set out in said application. The Board of Supervisors for said County or Council of said City will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. I hereby certify that the foregoing is a true copy as taken from the minutes of the VIRGINIA BEACH CITY Council. ,Clerk CITY COUNCIL FOR VIRGINIA BEACH CITY VIRGINIA BEACH CITY LOCAL GOVERNING BODY SEAL (Note: Original SI1J\L is Required in the Area Provided Below on the Signed Application) Litera DOE Staff Qnly Fund Loan Number: I Division Number 1128 IVIRGINIA BEACH CITY Name of County or City Name of School Colle e Park Elemen School FINAL INSTRUCTIONS: 1. E-mail this application to: K12Budaet@doe.virainia.aov 2. Mail the hardcopy with original signature to: Kent C. Dickey, Assistant Superintendent for Finance Virginia Department of Education P.O. Box 2120 Richmond, VA 23218-2120 Doe Staff Only This application has been reviewed by: ~I Date Reviewed By This application is approved by DOE staff for Board of Education approval: ~I Date Budget Director / Associate Budget Director II II ~B~~ r{..!\ '> '+"",:,',~;\~,7~, [f~' ~~, ~!ji 'i:~~ ('- -" ;;> {~~~"~.,.., 'l l(~, ',t., , .._ ./ ....:...::...,,..~..#,.iJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Extend the Term of the Green Ribbon Implementation Committee MEETING DATE: June 23, 2009 . Background: Virginia Beach has made improving water quality in the City's waterways a high priority; and various community organizations including Lynnhaven River Now, the Elizabeth River Project, and the Back Bay Restoration Foundation have supported these efforts. The Green Ribbon Committee was appointed by City Council on June 13, 2006 to review the City's ordinances and regulations and, advise Council regarding revisions that will improve water quality. . Considerations: The Green Ribbon Implementation Committee was created in December 2007 to oversee the implementation of the recommendation in the "City of Virginia Beach Green Ribbon Committee Report, November 2007". Such work is not complete and the Committee's term ended in December 2008. Therefore the Resolution extends the term of the Committee until December 31, 2010 for it to complete its work and modifies the staff members to include those who have worked closely with the Committee. . Recommendations: Approve the attached resolution . Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Deputy City Manager VJK City Manager: ~ k-, ~ ~ II 1 A RESOLUTION TO EXTEND THE TERM OF THE 2 GREEN RIBBON IMPLEMENTATION COMMITTEE 3 4 WHEREAS, City Council appointed the Green Ribbon Committee in June 2006 to 5 make recommendations regarding water quality improvements for the City of Virginia 6 Beach; and 7 8 WHEREAS, the Green Ribbon Committee spent many volunteer hours developing 9 the "City of Virginia Beach Green Ribbon Committee Report, November 2007" (the Report) 10 which includes extensive recommendations to improve water quality in Virginia Beach and 11 was adopted by City Council in December 2007; and 12 13 WHEREAS, the recommendations in the Report require ongoing work to format 14 regulatory and policy actions for submission to City Council in detailed recommendations; 15 16 WHEREAS, the Green Ribbon Implementation Committee was created to monitor 17 the progress of the Report's recommendations and was to expire in December 2008; and 18 19 WHEREAS, the Green Ribbon Implementation Committee has been actively 20 engaged with the implementation of the Report and there is further work required of the 21 Committee to fully implement the recommendations of the Report. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council appoints the following as members of the Green Ribbon 27 Implementation Committee until December 31,2010: 28 29 · Citizen Members: Peter Schmidt, Karen Forget, Andrew S. Fine, R. Edward 30 Bourdon, Jr., William D. Almond, June Barret-McDaniels, Wayne McCoy, Noah 31 Hill, John Olivieri, Claudia Cotton, Craig Cope, and Charles James Miller, II. 32 33 · City Staff Members: Ross Brockwell, Carolyn Smith, Joann Moore, Pam 34 Matthias, Nancy Mcintyre, Robert S. Herbert, Karen Lasley, Charlie Hassen, Bill 35 Johnston, Clay Bernick, Meredith Ching, Richard Lowman, Wells Freed, Barbara 36 Duke, Kristina Salzman, B. Kay Wilson, Lori J. Herrick, and Barry Frankenfield. 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day of 1 APPROVED AS TO CONTENT: :at 1 ~Ll +- Deputy City Manager CA11055 R-5 May 26, 2009 APPROVED AS TO LEGAL SUFFICIENCY: !J ! dI/}JfIll/~1 City Attorney's Office 2 1,1 II , ~~....... ,..~G\~i!' ~t.i~:'\.. r(" !~'~.;. ~t;.)} h:o ~~. '~"~~ .::; , ~'>, .. -''''''''''^ ':,....^ ~ (({~;~Z2::::~/j; '"' \... CITY OF VIRGINIA BEACH AGENDA ITEM ..J ITEM: A Resolution Supporting the Virginia Beach Community Development Corporation's Application for Virginia Community Development Block Grant Neighborhood Stabilization Program Funds MEETING DATE: June 23, 2009 . Background: Neighborhood Stabilization Program ("NSP") funds were made available from the Federal government via the state for the acquisition and re-use of foreclosed properties. City Council was briefed on this program in November, 2008. While it was previously thought that the City itself would apply for and administer these funds, upon reviewing the City's foreclosure situation and the program requirements, staff determined that obtaining funding for this program would best be done by a non-profit organization. The Virginia Beach Community Development Corporation ("VBCDC") has developed an application for the funds, which would result in the acquisition, rehabilitation and re-sale of six foreclosed properties, thus stabilizing the areas where these properties are located and providing quality housing opportunities as well. VBCDC proposes to acquire six properties, rehabilitate and then re-sell them to households with incomes between 80% and 120% of area annual median income, or approximately $54,000 to $81,000 for a family of four. All activities will be conducted in accordance with the Federal and State requirements. . Considerations: VBCDC proposes to conduct the program solely with money from its reserves as well as a grant from the State. No City or City-controlled Federal funds are requested for this activity. . Public Information: Public information will be provided through the normal advertisement of the Council agenda. . Recommendation: Approval of the attached resolution. . Attachments: Resolution ousing and Neighborhood Recommended Action: Adopt Resoluti' , Submitting Department/Agency: Departm' Preservation City Manager:~ )c. . OB~ 1 A RESOLUTION SUPPORTING THE VIRGINIA BEACH 2 COMMUNITY DEVELOPMENT CORPORATION'S 3 APPLICATION FOR VIRGINIA COMMUNITY 4 DEVELOPMENT BLOCK GRANT NEIGHBORHOOD 5 STABILIZATION PROGRAM FUNDS 6 7 WHEREAS, the mission of the Virginia Beach Community Development 8 Corporation ("VBCDC") is to cooperate with federal, state, and local agencies, private 9 organizations, and community groups in developing programs designed to meet the 1 0 housing needs of low-moderate income residents in the City of Virginia Beach; and 11 12 WHEREAS, VBCDC has provided housing programs and housing counseling 13 services to low-moderate income households of the City of Virginia Beach since 1987; 14 and 15 16 WHEREAS, VBCDC wishes to apply for Virginia Community Development Block 17 Grant Neighborhood Stabilization funds, and has sufficient experience and resources to 18 carry out the NHighborhood Stabilization Program activities; and 19 20 WHEREAS, the City of Virginia Beach has decided not to apply for funds under 21 the Virginia Community Development Block Grant Neighborhood Stabilization Program; 22 and 23 WHEREAS, VBCDC wishes to apply for $1,500,000 in NSP funds and to utilize 24 $150,000 of its own funds for the project; and 25 26 WHEREAS, it is projected that six (6) single family real-estate owned (REO's) 27 properties will be acquired and rehabilitated, and the six (6) units will be for sale to low- 28 to-moderate income homebuyers who earn up to 120% of the area median income. 29 30 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council of Virginia Beach supports the Virginia Beach Community 34 Development Corporation in its application for Virginia Community Development Block 35 Grant Neighborhood Stabilization Program funds in the amount of $1,500,000 for the 36 VBCDC Homeownership Program. 37 38 Adopted by the City Council of the City of Virginia Beach, Virginia, this 39 day of ,2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -::P ~ '7 ".-x:.... ~~_ City Attorney's Office ..-/ n of Housing & rhood Preservation CA11043 R-1 May 29,2009 II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from Capital Improvement Project 3-133 Fire Training Center Improvements - Phase III to FY 2009-10 Operating Budget ofthe Fire Department MEETING DATE: June 23, 2009 . Background: Annually, the Fire Department receives approximately $1.1 million from the State of Virginia, under the Virginia Fire Programs Fund/Aid to localities (A Tl) program (authorized by section 38.2-401 of the Code of Virginia), which is to be used for fire services purposes, such as training, construction, improvements or expansions of local or regional fire training facilities, fire prevention and public safety education programs; emergency medical care and equipment for fire personnel; personnel costs related to fire and medical training for fire personnel; or for personal protective equipment, vehicles, equipment and supplies for use to provide fire services. . Considerations: In its FY 2009-10 Operating Budget, the City allocated $610,000 of ATl funds in the Grants Consolidated Fund in the State Fire Programs Grant and the remainder into Capital Improvement Project 3-133 for Fire Training Center Improvements. The purpose of this request is to transfer $750,000 from Capital Improvement Project 3-133, "Fire Training Center Improvements - Phase III," to the Fire Department's FY 2009-10 Operating Budget for the State Fire Programs Grant to provide for unfunded needs in the Fire Department that are critical in continuing the various fire programs and services in the areas of management and administration including over-time costs, training, including over-time costs, equipment and storage, and maintenance. Funds are available in Capital Improvement Project 3-133 for this transfer. The funds will be used as follows (costs are approximate at this time): . Management and Administration: Over-time and costs related to the department and its four specialty programs of Hazard Materials Team, Marine Response Team, Metro Medical Response Strike Team - MMRST, and Tidewater Regional Technical Rescue Team for State, regional and local meetings, seminars and conferences. Estimated cost $50,000. . Training: Over-time costs related teaching courses and conducting readiness exercises, and fees for several continuing education and recertification seminars/conferences. Estimated cost $100,000. . Equipment: Expenses associated with supporting the efforts of Hazard Materials, Marine, Technical Rescue and Metro Medical Response Strike Teams, and includes equipment that is either new or replacements for equipment that has not lasted as long as projected. Estimated cost: $600,000. The performanGe period is July 1, 2009 to June 30, 2010 to complete expenditures. . Public Information: Public Information will be handled through the normal Council agenda process. . Recommendations: Approval of Ordinance to Transfer Funds . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department L)). ~~ 1 City Manager: ~ t ~~ U , 'I 'I 1 AN ORDINANCE TO TRANSFER FUNDS FROM 2 CAPITAL IMPROVEMENT PROJECT 3-133 FIRE 3 TRAINING CENTER IMPROVEMENTS - PHASE III 4 TO FY 2009-10 OPERATING BUDGET OF THE FIRE 5 DEPARTMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. Funds are hereby transferred from Capital Improvement Project 3-133, 11 Fire Training Center Improvements - Phase III in the amount of $750,000 to 12 the FY 2009-10 Operating Budget of the Fire Department, Fire Programs/Aid 13 to Localities Grant. 14 15 2. The effective date of this Ordinance shall be July 1, 2009. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day Approved as to Content: Approved as to Legal Sufficiency: J\1r\j~. \~ NJ (l Management Servic~ ) ~~ City A or's Office .----- CA 11163 R-2 June 9, 2009 Mana2emcmt and Administration Is 50,000.0~ This area represents additional expenses associated with the management and administration of various grants within the department, overtime and costs related to the department's hazardous materials, marine response, metro medical response strike team, and technical rescue programs. Funding in this area also provides for costs ,lSsociated with State, regional, and local meetings, seminars and conferences for homeland security, urban area security initiatives, and emergency preparedness and management. The following are some of the highlights: a Match for Aid to Firefighters Grant (AFG) for 2009 a Rescue Squad Assistance Fund (RSAF) for 2008 a State, Regional & Local Meetings/Seminars/Conferences o USCG, UASI, MMRS, VDEM, TRTRT, MIRT, TRF A, HRPDC, MMRS Trainin2 Is 100,000.0~ This area represents expenses associated with providing training and continuing education in order to maintain operational readiness and service delivery enhanl:ement throughout the department's program areas. The f,:>llowing are some of the highlights: a Marine firefighting a Search & Rescue Forum a Operational Readiness Exercises (ORE) a HAZ-MAT a EMT Recertification 24/7 program a Incident Command System (ICS) Equipment/Supplies ~ 600,000.001 This area represents expenses associated with supporting equipment and supplies requirements for the department's program areas. It also is necessary to replace supplh~s such as hose and turnout gear (PPE) that has not lasted as projected. The following are some of the highlights: Capital Outlay Equipment a Thermal Imaging Cameras (TIC's): Cost - $132,000 2 II I a DECCAN - Software package to analyze and recommend station location, staffing requirements, apparatus assignments, and future service delivery needs. Anticipated cost: $300,000 Supplies a Hose replacement a PPE, Turnout gear a Marine rescue a Haz-Mat I Total expenditures $ 750,000.00 I 3 II 1,1 II I ~~<lA'nF~~ rf~~~~. "'-,~,~J/.J., /?~9 y \~;) ts:c)t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to Ocean Park Volunteer Fire and Rescue Inc. for the Purchase of a Replacement Ambulance MEETING DATE: June 23, 2009 . Background: The Ocean Park Volunteer Fire and Rescue Inc. is requesting a no-interest loan from the City to replace the oldest ambulance in its 6 vehicle inventory that has become undependable due to increased mechanical problems resulting in unscheduled down time. The unit has over 150,000 miles and is over 10 years old. The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the Volunteer Rescue Squads, such as providing standard equipment for the ambulances; physical facilities and spaces to house and support equipment and personnel; paying utility bills for buildings and facilities housing a rescue squad, including those owned by a rescue squad; providing or paying for property and liability insurance for any building, facility or real property used to operate the volunteer emergency medical transport service; providing or paying for fuel for ambulances, zone cars and other emergency service vehicles; providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads; providing adequate staff and budget for volunteer EMS recruitment and retention programs; providing initial and continued training and education of volunteers; and providing shift supervision. Also, the City of Virginia Beach has historically provided short term, no interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The cost of a new ambulance routinely exceeds $100,000, without consideration of the medical equipment, supplies or personnel. . Considerations: The attached letter from Ocean Park Volunteer Fire and Rescue Inc. has been received by the Department of Emergency Medical Services requesting a no interest loan in the amount of $188,950 payable in two annual payments of $G2,983 each and a third annual payment of $62,984. The first payment would comme1ce July 2010. This would allow Ocean Park to standardize their ambulance fleet and provide a safer, more modern transportation and treatment environment to their personnel and patients. No grants or other funding sources were identified at this time and they will utilize the sale monies of the existing ambulance to complete the p Jrchase and outfitting of this unit. . Public Information: Information will be disseminated through the regular Council agenda notification process. . Alternatives: The alternative to this request will cause the rescue squad to further delay purchase of the replacement ambulance, increasing maintenance costs. . Recoml1l1endations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. . Attachments: Ordinance, Loan Agreement, Promissory Note, Letter from Ocean Park Volunteer Fire and Rescue Inc. Requesting a No Interest Loan Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical service~.... CityManager:"'~ \L. ~~ e::f/. ! II Ii II II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO OCEAN PARK VOLUNTEER FIRE AND RESCUE INC. FOR THE PURCHASE OF A REPLACEMENT AMBULANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $188,950 is hereby appropriated from the fund balance of the General Fund for an interest-free loan to Ocean Park Volunteer Fire and Rescue Inc. for the purchase of a replacement ambulance, contingent upon execution of the attached agreement. 2. That this loan is to be repaid by Ocean Park Volunteer Rescue Squad over three (3) years, pursuant to the terms of the attached promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day of Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: J-J ' ~~ I ( ~ ,. .. Q/VJ ,j , II/" Management Services /?:?~f~~ -City A orney s Office CA 11171 R-1 June 10, 2009 PROMISSORY NOTE $188,950 Virginia Beach, Virginia June 23, 2009 FOR VALUE RECEIVED, OCEAN PARK VOLUNTEER FIRE AND RESCUE INC., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteho1der") at Municipal Center, Virginia Beach, V A, or such other place as Noteholder may designate in writing, the principal sum of ONE HUNDRED EIGHTY-EIGHT THOUSAND NINE HUNDRED AND FIFTY DOLLARS ($188,950) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before June 1, 2010 - $62,983 On or before June 1, 2011 - $62,983 On or before June 1,2012 - $62,984 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to prineipal. If the Noteho1der has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall bec:ome immediately due and payable at the option of the Noteho1der. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). OCEAN PARK VOLUNTEER FIRE AND RESCUE INC. (SEAL) By: Brian Ledwell, President II Agreement Between the City of Virginia Beach and Ocean Park Volunteer Fire and Rescue Inc. THIS AGREEMENT is made and entered into this __ day of 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and Ocean Park Volunteer Fire and Rescue Inc ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia SS 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The 1 Division of Automotive Services shall maintain maintcnance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promlssory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If th~: vehicle is sold, after satisfying all conditions of the loan, including repay:nent, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all nccessary maintenance and repain and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 , II 1,1 II IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk OCEAN P ARK VOLUNTEER FIRE AND RESCUE INC. By: Title: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 3 Ocean Park Volunteer Fire and Rescue Inc. PO Box 5545 Virginia Beach, Virginia 23455 Office (757) 464-0594 Fax (757) 464-5031 www.opvrs.com May 3, 2009 Re: Interest fme loan Chief; Virginia Beach Department of Emergency Medical Service 477 Viking Dri'/e, Suite 130 Virginia Beach, Virginia 23452 To whom it mEY concern: I am respectfu Iy requesting a no interest loan in the amount of $ 188,950.00 from the City of Virginia Beach for the purchalie of a new ambulance at a term of at least 36 months. With your permission, our intent is to replace our oldest ambulance (122) this month due to its age, Once the new ambulance is in service, the old one will be sold. The specificati Jns for the new ambulance have been established through an extensive research process and we have named Horton Emergency Vehicles as our intended manufacturer via FESCO Emergency Sales of Elkrid~e, MD. The Ambulance will be built on a 2008 International Truck Cassis and will incorporate numerous features to enhance the safety of our technicians during patient care. The bid propoE,al for construction of the ambulance is $ 188,950.00 No other sources funds such as grants are available at this time. Ocean Park Volunteer Fire and Rescue has no current loans with the City of Virginia Beach. Please direct any questions or concerns to myself. Most sincerely Brian Ledwell President Enclosures (0) cc: File BUbl II II II ,..,....,....,.." ,-s~:~c'~~~'t 4f:~'<'< .......:.".:., \t.:.~.,-:~1,;. ::L~:~ :: ~'.'\ ~':!".1 '~~..~:~ ~.~~~:.::;;/ ............... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Eliminate Capital Improvement Project (CIP) 3-094 CIT - Police Telestaff T&M Module, Transfer Funds from CIP 3-094 to CIP 3-052, and Unappropriate and Return Funds from CIP 3-094 to the DEA Seized Asset Fund Balance MEETING DATE: June 23, 2009 . Background: The intent of Capital Improvement Project (CIP) 3-094 CIT Police Telestaff T&M Module was to implement a software program to aid in the scheduling and tracking of police officer shifts; however, the Police Department has identified other priorities for use of the DEA Seized Asset Funds. The Police Department's first priority is to use these funds as a match for a federal grant, which will provide necessary equipment for newly hired police officers. Should the Police Department not receive this federal grant, the second priority is the purchase of essential equipment. The Police Department has requested that Capital Improvement Project 3-094 be eliminated to allow for this funding to be available for higher priorities. . Considerations: Funding for CIP 3-094 included $539,760 from DEA Seized Asset Funds in the FY 2009-10 Capital Budget and $83,200 from Information Technology Fund Balance in the FY 2008-09 Capital Budget. The proposed distribution of these funds is to return the funds to the DEA Seized Asset Fund Balance and to repurpose the funds from Information Technology Fund Balance to CIP 3-052. . Public Information: Public Information will be handled through the normal Council Agenda public information process. . Recommendations: It is recommended that CIP 3-094 be eliminated and $83,200 be redirected to CIP 3-052 and the appropriation in FY2009-10 of $539,760 be returned to the DEA Seized Asset Fund Balance pending future appropriations. . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Departmen' ,-- City Manager:~~:) k. :'b€~ 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 PN ORDINANCE TO ELIMINATE CAPITAL IMPROVEMENT PROJECT (CIP) 3-094 CIT - POLICE TELESTAFF T&M MODULE, TRANSFER FUNDS FROM CIP 3-094 TO CIP 3-052, AND UNAPPROPRIATE AND ~ETURN FUNDS FROM CIP 3-094 TO THE DEA SEIZED A.SSET FUND BALANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. Capital Improvement Project (C.I.P.) 3-094 CIT - Police Telestaff T&M Module is hereby eliminated. 2. Those funds in C.I.P 3-094 shall be distributed as follows: (a) The $83,200 appropriated in the FY 2008-09 Capital Budget to C.I.P. 3-094 CIT.. Police Telestaff T&M Module shall be transferred to C.I.P. 3-052 CIT - IT SE~rvice Continuity. (b) The $539,760 appropriated in the FY 2009-10 Capital Budget to C.I.P. 3-094 CIT .- Police Telestaff T&M Module shall be unappropriated and returned to the [lEA Seized Asset Fund Balance pending future appropriation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2009. Requires em affirmative vote by a majority of all of the members of City Council Approved as to Content: Approved as to Legal Sufficiency: ,0 ~ ~-)~ Q ,~I- Management Services ~ / ~~ --'--- r.- .. City Attorney's Office CA 11162 R-4 June 11, 2009 II r~8E~6~ ,{~\''':~~,..., #~ to .t', (8' "'t,, (;J ~>, ((~~:,.~.;~,,:l! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from Cost Recovery Revenue and Donations to the FY 2008-09 Operating Budget of the Fire Department MEETING DATE: June 23, 2009 . Background: The Virginia Beach Fire Department receives various revenue throughout the year to pay for administrative and equipment costs. This revenue is received when the Fire Department opens the City's training facilities to the State for regional trainings. In addition, the Fire Department receives monetary donations throughout the year. These gifts are collected appropriated at the end of the fiscal year. Each of these specific types of unanticipated revenues are placed in itemized revenue accounts to facilitate correct appropriation back into operating budgets. . Considerations: The cost recovery funds ($28,290) will be apportioned back into the Fire Department's Operating budgets for over-time, other operating supplies and fuel based on the average distribution of expenses for all affected events and incidents during the fiscal year. The gift fund balance of $1,781 will be used to purchase items for specific fire stations, Operation Smoke Detector, and special projects of the Life Safety Education program. . Public Information: Public information will be handled through the normal Council agenda process. . Alternatives: Without appropriating the cost recovery funding, the Fire Department cannot support these partnerships. The cost recovery is not a steady revenue stream and does not lend itself to incorporation into the budget. Appropriation of donated funds in this manner maintains accountability as well as improves assurance the funds are used in a timely and appropriate manner. . Recommendations: Appropriate $28,290 from the designated cost recovery sources into the Fire Department operating budgets. Appropriate $1,781 to the Fire Department gift fund to facilitate designated expenditures. . Attachments: Ordinance Recommended Action: Approve ~~~:~::~(i~nl W2J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO APPROPRIATE FUNDS FROM COST RECOVERY REVENUE AND DONATIONS TO THE FY 2008-09 OPERATING BUDGET OF THE FIRE DEPARTMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1) $28,290 in cost recovery revenue is hereby appropriated to the FY 2008-09 Operating Budget of the Fire Department for reimbursement of various costs, with miscellaneous revenue increased accordingly. 2) $1,781 in monetary donation revenue is hereby appropriated to the FY 2008-09 Operating Budget of the Fire Department to support several fire programs, with gift fund revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day of Require~) an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: '\ (/' '- "(, ~ p~Q \\~,n . Management Services ~~~ --= CA 11172 R-2 June 10, 2009 II I ~ ~: ~. t~' :.11 ~. , '" CITY OF VIRGINIA BEACH AGENDA lTEM ITEM: An Ordinance to Accept and Appropriate Funds Resulting from the Second Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception, which the City Will Donate to the Healthy Families Program MEETING DATE: June 23,2009 . Background: On May 1, 2009, the Virginia Beach Development Authority (VBDA) and the Department of Economic Development (DED) hosted the second annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at Virginia Beach National Golf Club. The Golf and Reception were scheduled to coincide with the Commonwealth of Virginia's Business Appreciation Month, which is celebrated annually during May to recognize the invaluable contributions that Virginia Beach businesses make to support our excellent economy and high quality of life. Over 400 Virginia Beach business and industry executives, real estate agents, developers, brokers, architects, engineers, consultants Goined by members of the VBDA and DED) were invited to participate in this second charitable fund-raising event wherein a portion of the private sector proceeds generated from Golf Classic Sponsorships were to be donated to one local charity encompassing health and welfare through the Virginia Beach Health Department Healthy Families Program. This exciting event generated $10,000 in monies for the benefit of the above referenced program. . Considerations: Approval will allow the City to accept a check from the VBDA and then donate the funding received to the above charity for use within the City of Virginia Beach . Public Information: Public information will be handled through the normal Council agenda process. . Alternatives: A committee could be formed in order to identify other charities for consideration to share in the funding that was raised. . Recommendations: Approval of $10,000 to be donated to the local charitable program. Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager~K .~llOt 1 A.N ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS RESULTING FROM THE SECOND ANNUAL 3 VIRGINIA BEACH BUSINESS APPRECIATION CHARITY 4 GOLF CLASSIC AND NElWORKING RECEPTION, WHICH 5 THE CITY WILL DONATE TO THE HEALTHY FAMILIES 6 PROGRAM 7 8 WHEREAS, on May 1, 2009, the Virginia Beach Development Authority and the 9 Department of Economic Development hosted the second annual Virginia Beach 10 Business Appreciation Charity Golf Classic and Networking Reception at the Virginia 11 Beach Nationa.l Golf Club, which generated $10,000 that can be donated to a local 12 charitable program. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 1. A contribution of $10,000 is accepted and appropriated to the General Fund 18 from the second annual Virginia Beach Business Appreciation Charity Golf 19 ClasBic and Networking Reception. 20 21 2. Estimated Revenue is increased accordingly. 22 23 3. The contributed funds will be donated to the Virginia Beach Health 24 Depclrtment Healthy Families 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: APPROVED AS TO LEGAL SUFFICIENCY: 1J~Q.~ Management Services ~~~~ CA 11156 R-2 June 5, 2009 , 'I Ii I" II ,.r"~''''''-''''''' r.~"" C;</~ :s....,. ~, ~J~:::!J)' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from FEMA Related to Deployment of the Virginia Task Force-2 (VA-TF2) Urban Search and Rescue Team MEETING DATE: June 23, 2009 . Background: The City of Virginia Beach is the sponsoring agency for VA-TF 2, FEMA Urban Search and Rescue Team. An individual from the Blue Incident Support Team was activated into service for the North Dakota Floods March 28th through April 2nd 2009. After activation and deployment, FEMA provides funding to reimburse participants for eligible equipment, supplies and overtime supporting these deployments (from activation through demobilization). FEMA has sent the City the award form containing the authorized spending limit for this deployment ($28,000). . Considerations: As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, DHS/FEMA had authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment and demobilization of VA-TF 2. The Fire Department has finalized expenditure reporting for the North Dakota Floods at $6,512. . Public Information: Public Information will be handled through the normal agenda process. . Alternatives: The City's designation as sponsoring agency for FEMA VA-TF2 is a pre-arranged relationship and an obligation between the City of Virginia Beach and DHS/FEMA. . Recommendations: Approve and appropriate the following amounts to cover expenses of VA-TF2 for the assistance provided for the North Dakota Floods ($6,512). . Attachments: Ordinance Recommended Action: Approval of ordinance g Submitting Department/Agency: Fire Department City Manager. t,~~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM FEMA RELATED TO DEPLOYMENT 3 OF THE VIRGINIA TASK FORCE-2 (VA-TF2) URBAN 4 SEARCH AND RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. Funds are hereby accepted from the U.S. Department of Homeland Security, 10 Federal Emergency Management Agency for costs related to the deployment 11 of an individual from the Virginia Task Force - 2 (VA-TF2) Urban Search and 12 ResGue Team's Blue Incident Support Team for the North Dakota Floods, in 13 the amount of $6,512, with estimated revenues increased accordingly. 14 15 2. $6,512 is hereby appropriated to the FY 2008-09 Fire Department Operating 16 Bud!~et for costs related to the deployment of VA-TF2 for the North Dakota 17 Floods. 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 of the members of City Council. Approved as to Content Approved as to Legal Sufficiency lli~(} - ~~ Management Services .-/1-' I/~~- City A rn y's 0 Ice CA11157 R-2 June 9, 2009 II II L. PLANNING 1. Application of KATHY MAALOUF for an Expansion of a Nonconforming Structure at 1365 Goose Landing to enclose a front patio to be used as a home office. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of JACK FEREBEE, ET AL requesting a one (1) year extension to satisfy the conditions for the closure of a portion of an unimproved alley between 55th and 56th Streets from Holly Road to Myrtle Avenue, Ubermeer Subdivision re combining the alley with their adjoining lots DISTRICT 5 - L YNNHA VEN STAFF RECOMMENDATION APPROVAL 3. Application of 5073 VIRGINIA BEACH BOULEVARD, L.L.C. for the Closure of an unimproved portion of Euclid Road adjacent to 5073 Virginia Beach Boulevard. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER for a Conditional Use Permit re a church at 461 A-B South Lynnhaven Road. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 5. Appplication of BLESSED HOPE CHRISTIAN CENTER for a Conditional Use Permit re a church at 5691 Web1in Drive. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of SOUTH UNIVERSITY BY EDUCATION MANAGEMENT CORPORATION for a Conditional Use Permit re a public or private college or university at 301 Bendix Road. DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 7. Application of JIM WOOTTON for a Conditional Use Permit re a private boat dock at 1732 Lovetts Pond Lane. DISTRICT 5 - L YNNHA VEN DISTRICT RECOMMENDATION APPOV AL 8. Application of INDOOR KARTING CENTERS OF AMERICA, LLC / JLB :PROPERTY ASSOCIATES, LLC for a Conditional Use Permit re an indoor eommercial recreational facility at 2736 North Mall Drive. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 9. Application of THE HOPE LUTHERAN CHURCH for a Modification of Conditions (approved by City Council on May 15, 1978, January 22, 1991, March 22, 1994, February : 1,2003, January 8,2008) to expand the sanctuary, child care and youth education and ADD a picnic sheltered area at 5350 Providence Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 10. Ordinances to AMEND the City Code re: L Subdivision Regulations, Appendix B, ~ 6.3 pertaining to fmal plats and data b. Site Plan Ordinance, Appendix C, S 4.1 pertaining to the information required on site development plans c. S 4.1 of Appendix B, Subdivision Regulations pertaining to the deletion of the minimum right-of-way width and minimum paved width for minor subdivision streets 1,1 II NOTICE OF PUBLIC HEARING virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Dnve, Tuesday, JUlle 23, 2009, at 6:00 p.m. The following applications will be heard: BEACH DISTRICT Kathy Maalouf Application: Expansion of a Nonconforming ~tructure at 1365 Goose Landing (GPIN 2417622230). ROSE HALL DISTRICT Missionary to Help Others Fellowship Center Application: Conditional Use Permit for a church at 461 A / B South Lynnhaven Road. Indoor Karting, Centers of America, lLC/ JLB Property Associates, LLC Application: Conditional Use Permit for an indoor commercial recreational facility at 2736 North Mall Drive. (Expedited - June 10, 2009 Planning Commission) KEMPSVILLE DISTRICT Blessed Hope Christian Center Application: Conditional Use Permit for a church at 5691 Weblin Drive. LYNNHAVEN DISTRICT South University By Education Management Corporation Application: Conditional Use Permit for a public or private college or university at 301 Bendix Road. Jim Wootton Application: Conditional Use Permit for a private boat dock at 1732 Lovetts Pond Lane. KEMPSVILLE DISTRICT 5073 Virginia Beach Boulevafd, L.L.C. Application: Closure of a portion of public right-of-way adjacent to 5073 Virginia Beach Boulevard. The Hope Lutheran Church Application: Modification of ~onditions approved by City Courcil on May 15, 1978, January 22, 1991. March 22. 1994, Feixuary 11, 2003 and January 8, 2008 to expand the facility and for child care education at 5350 Providence Road. CITY OF VIRGINIA BEACH Ordinance to amend the Subdivision Regulations, Appendix B, Section 6.3 pertaining to final plats and data. Ordinance to amend the Site Plan Ordinance, Appendix C. Section 4.1 of the City Code pertain,ng to the information required on site development plans. Ordinance to amend Section 4.1 of Appendix B, Subdivision Regulations. pertaining to the deletion of the minimum right-ot-way width and minimum paved width for minor subdivision streets. AI! interested citizens are invited to attend. Ruth Hodges Fraser, MMC Sity 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. . you are physically disabled or visually impaired and 'eed assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon June 7 & 14, 2009 202404~Y7 Mop~~ft!s~ole Kath" Maalouf g: - ~~'^ 'O.rl'-.l.i.!~I~.J1l ~n J5f ~J"II ~I '-~I~I5l/-JIr:dI"'lr- I \ ~,,~ v v OSI I '1" ~ '-1"1' 1""'-"1 II '" ~O'" llIIUlu I lI2C ~ 1:<1 ;=;1, ~ ~ - ~~~- ~1' ciV'; bJl .ltpj~ ~ ~i~_':.ln~'''' 03 iiI-_~ ~ ~ - jJ f..' II' ... ~ 0 . ../Is 1 oJ.. ..L \ J:I ..... ~ , ~~'W.~ \\L!.~ ~ ~~Lt "o;"l~ ~ ~O"I~; ~ ~J-~_ -;37 ~ ~!!!!~ R lING 1 -. \ ~ ~"LW \ d:-H::I 11;1:1 LIt'>. In\ Ll~ ";II 1 1.1 ~ .1 ) ~\I< rult.~1J ;log 0 t Loo..I ",) -LJ.::" Iii! o~.... <- ,- \" 00\ \ t\!iU ~ --.........RAILBIRD DR. ~\ ~~~~- ~llnl ("I ~J~ APZ- ~ R!IO, ~~~ 059 - I > 75 dp~ In 01Y ~NIA 8-:2 \\~ o:EA~;~EA~CK,~ l \\ 0 A~2 -12 R-1Q >75 dB Ld \\55 \ Non-Conforming Use LOCATION MAP KATHY MAALOUF June 23, 2009 City Council Meeting Page 14 , II 1,1 II "'~~ ~~~"~:~Jc~~~,~t, ~,,_.,A '" '''~,_>.~.~ " {si ~~ \:"s . if t(;'"'"'-,,, ~<:'l ~~~~.:i-l-' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlaraement of a Nonconformina Structure, on Property Located at 1365 Goose Landing. BEACH DISTRICT MEETING DATE: June 23, 2009 . Background: There is an existing two-story attached dwelling and shed on the site, both constructed in 1984. The applicant, Kathy Maalouf, requests a modification to the existing nonconforming dwelling. The existing house is nonconforming because it does not meet the current minimum setback requirement of 30 feet in the A-12 Apartment District for a side yard adjacent to a street. The existing dwelling is situated 12 feet from the side property line along Huntsman Drive, which at the time the dwelling was constructed in 1984, was in compliance with the minimum setback of 10 feet that the Zoning Ordinance then required. . Considerations: The applicant desires to modify the structure by enclosing the front patio area, which is situated beneath a portion of the second floor. The patio area to be enclosed is located within the northwest corner of the existing building. This change will provide a 120 square foot enclosed space that the applicant intends to use as a home office. Other dwellings on this same block have enclosures similar to the enclosure proposed by the applicant. The proposed modification will not result in any additional encroachment into the setback. The building plans depict a proposed patio enclosure consisting of 8-inch cedar lap siding, which will match the exterior materials on the existing building. . Recommendations: The proposed modification to the structure is reasonable, will have a minimal impact to the surrounding community, and is as appropriate to the district as the existing non-conforming use. The proposal should not, therefore, have a negative impact on the surrounding community character. The design of the proposed modification blends with the existing structure and the residential use will remain the same. The request, therefore, is acceptable as submitted, subject to the conditions below. KATHY MMLOUF Page 2 of 2 1. The modifications to the dwelling shall substantially adhere to the submitted marked-up survey entitled, "Physical Survey of 1365 Goose Landing, Virginia Beach, Virginia; Lot A, Block 24," by Stephen I. Boone & P.ssociates, P.C. and dated November 21,2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The modifications to the dwelling shall substantially adhere to the submitted building elevations. Said building elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. The color and style of all new siding shall be consistent with the color and style of the existing dwelling. . Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval Submitting Department/Agency: Planning Department City ManageR~<" ~ ,~~ I; II 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 STRUCTURE ON PROPERTY LOCATED AT 4 1365 GOOSE LANDING 5 6 WHEREAS, Kathy Maalouf (hereinafter the "Applicant") has made application to 7 the City Council for authorization to enlarge a nonconforming structure by making 8 additions to a dwelling that is nonconforming as to the side yard setback which is 9 adjacent to a street on a lot or parcel of land having the address of 1365 Goose 10 Landing, in the A-12 Apartment Zoning District; 11 12 WHEREAS, the said structure is nonconforming, as the dwelling does not meet 13 the side yard setback requirements for a structure located adjacent to a street for the A- 14 12 Apartment Zoning District and was constructed prior to the adoption of the applicable 15 regulations; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 18 enlargement of a nonconforming structure is unlawful in the absence of a resolution of 19 the City Council authorizing such action upon a finding that the proposed structure, as 20 enlarged, will be equally appropriate or more appropriate to the zoning district than is 21 the existing structure; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structure, as enlarged, will 27 be equally appropriate to the district as is the existing structure under the conditions of 28 approval set forth hereinbelow. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the enlargement of the nonconforming structure is hereby authorized, upon 34 the following conditions: 35 36 1. The modifications to the dwelling shall substantially adhere to the 37 submitted marked-up survey entitled, "Physical Survey of 1365 Goose 38 Landing, Virginia Beach, Virginia; Lot A, Block 24," by Stephen I. Boone & 39 Associates, P.C. and dated November 21, 2002. Said plan has been 40 exhibited to the City of Virginia Beach City Council and is on file in the 41 Planning Department. 42 43 2. The modifications to the dwelling shall substantially adhere to the 44 submitted building elevations. Said building elevations have been 45 exhibited to the City of Virginia Beach City Council and are on file in the 46 Planning Department. 47 48 49 50 51 52 of 3. The color and style of all new siding shall be consistent with the color and style of the existing dwelling. Adopted by the Council of the City of Virginia Beach, Virginia, on the day ,2009. APPROVED AS TO LEGAL SUFFICIENCY: CA11173 -1 June 11,2009 REQUEST: Enlaroement of a Nonconforminq Structure ADDRESS I DESCRIPTION: 1365 Goose Landing GPIN: 24176222300000 ELECTION DISTRICT: BEACH II June 23, 2009 City Council Meeting APPLICANT I PROPERTY OWNER: KATHY MAALOUF STAFF PLANNER: Leslie Bonilla SITE SIZE: 3,750 square feet AICUZ: Greater than 75 dB DNL APZ-2 SUMMARY OF REQUEST There is an existing two-story attached dwelling and shed on the site, both constructed in 1984. The applicant requests a modification to the existing nonconforming dwelling. The existing house is nonconforming because it does not meet the current minimum setback requirement of 30 feet in the A-12 Apartment District for a side yard adjacent to a street. The existing dwelling is situated 12 feet from the side property line along Huntsman Drive, which at the time the dwelling was constructed in 1984, was in compliance with the minimum setback of 10 feet that the Zoning Ordinance then required. The applicant desires to modify the structure by enclosing the front patio area, which is situated beneath a portion of the second floor. The patio area to be enclosed is located within the northwest corner of the existing building. This change will provide a 120 square foot enclosed space that the applicant intends to use as a home office. Other dwellings on this same block have enclosures similar to the enclosure proposed by the applicant. The proposed modification will not result in any additional encroachment into the setback. KATHY MAALOUF June 23. 2009 City Council Meeting Page 1 The building plans depict a proposed patio enclosure consisting of 8-inch cedar lap siding, which will match the exterior materials on the existing building. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Attached dwelling SURROUNDII\JG LAND USE AND ZONING: North: South: East: West: · Attached dwellings! A-12 Apartment District · Vacant and wooded land! A-12 Apartment District · Attached dwellings! A-12 Apartment District · Attached dwellings! A-12 Apartment District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with this site. Staff recommE!nds approval of this request. EVALUATION AND RECOMMENDATION Staff has no objection to the proposed enclosure. The proposed modification to the structure is reasonable, w;1I have a minimal impact to the surrounding community, and is as appropriate to the district as the existing non-conforming use. The proposal should not, therefore, have a negative impact on the surrounding community character. The design of the proposed modification blends with the existing structure and the residential use will remain the same. The request, therefore, is acceptable as submitted, subject to the conditions below. CONDITIONS 1. The modifications to the dwelling shall substantially adhere to the submitted marked-up survey entitled, "Physical Survey of 1365 Goose Landing, Virginia Beach, Virginia; Lot A, Block 24," by Stephl3n I. Boone & Associates, P.C. and dated November 21,2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The modifications to the dwelling shall substantially adhere to the submitted building elevations. Said building elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. KATHY MAALOUF June 23, 2009 City Council Meeting Page 2 II II 3. The color and style of all new siding shall be consistent with the color and style of the existing dwelling. 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. KATHY MAALOUF June 23, 2009 City Council Meeting Page 3 . .1 ~ '. III': t' ~z~~. '~.'1:' - - ~. . . ::.:, . , '!'." , :;..; .L'!f!'':t ,. AERIAL OF SITE LOCATION KATHY MAALOUF June 23, 2009 City Council Meeting Page 4 .... \$' ~\~ ~ ~ \\f) " '"-" lu III ~ > ~ > -.. ~ ~ C) ~ > ~ ~ '<t ~~ < ~ ~'.:- 1: II ",.0' l/'iOO 0' F"EJ"4CE: ( bTHtr.Ill:S) f ~. ",,,,...'NAC; .f!: .A~ICMEN-r . ---' .... ------ ~ cr," . Q ~ JIl t) r~ ~ \!) ~ '2.-STY. '" ~ FE. liE>.,. III Mi/!U,,' N Q ~ ~ ' ti \ll t) [1,\ ..... ~ ~.O' WOOD f/l"f!:J'IG.G:. (OT~E.R") ~ 0.... lI. . 0" " ~ ~ lO tI'l ~ '. '. . ~. .. ~ . '. ti !-:: . . . ~ ';li:~ ~'" .' \4'!d ~ . :~ : ~.t( ~ -: . -'1<\5 n. '. : 1U:\j , , '. .:...,' ~ '.' . f '.. . l" 1f1 10 Q ~ \f1 :-.~( 1") . . . .... "583" z4' zr€: 37, It> . 6005E LANDIN6 (50) (FORME:~L Y €:.16MTI-I STReET) I.J,\ 't N h~(L '-p-i.? t '"~ 4c-d 'tc \cl~ <f2'.y'\C,k~cd, PROPOSED SITE PLAN KATHY MAALOUF June 23, 2009 City Council Meeting Page 5 J .....---- -... ,/-",,,-"' ...- ~~r'''' ,......"'-.~ /~- RJ r(oef /'~ .~ - ~'/"".-"'.._"/ .. p/'" 1 " : .-"-. . I \ ~.e1f , 81 i I // i- , -,.-- f--- Hi 0--- ...i r 7 . pW' t ~ /' '" 1 ~I I ""<>' ,_.>"."". ". i [I ~ .. ,,- ------" ",--,,',- I 24' T ~ Shed 5 AdJ dio"j CIO s'td Off ~, PROPOSED FRONT BUILDING ELEVATION KATHY MAALOUF June 23, 2009 City Council Meeting Page 6 1,1 II -- :.:-.... ,-' ;;.- ------:- ______- :..-' . w_-... .r__~W ~---..... .........._' ~_,o" .___." ,m'>' ____- _ ..w.--- -~ ".",.,........""""" ~---- .- '-""--. ~ ---- -'.-............... -- ---- -- --.-:--~ r ~91 I 1 ,! 11 if . Closttl Oft' ~ 8 C~J..,..r lo...p S/-) ",.....,.....,_.,..,__....._ .\. _...~.W~ l: 1 ; i...... I PROPOSED SIDE BUILDING ELEVATION KATHY MAALQUF June 23, 2009 City Council Meeting Page 7 " ."', . / . /.... " , ....:;. ...;.', ..... ." iiM. " '" ,~. PHOTOGRAPH OF EXISTING BUILDING KATHY MAALOUF June 23, 2009 City Council Meeting Page 8 1,1 II I PHOTOGRAPH OF EXISTING BUILDING KATHY MAALOUF June 23, 2009 City Council Meeting Page 9 'i' ;i~ j_ -.. \ .~ ,{< \ 't , . ,,;f ~'.. , .''?:. ~~~;.c_-~+::'!:~ . - " PHOTOGRAPH OF EXISTING BUILDING - KATHY MAALOUF June 23, 2009 City counci\ Meeting Page 10 " II Mop ~~f t!s~ole I{ath~' Maalou ( ~ AO~...Iil:;[;t[IlJ.:"!l-" r< III" 0 ~ r .,. e,. '" - I I I :3 ~l1' . ~. ~ ~ .' ~~l!I!U[u-r ~o ~ - . '$11 - ~ ~ ~ _ .~ '()~ ,J1l n,;~1 l~ili:& j ~~~. ': p_ . . I ~,;> :J1 ..I. \ :c ,....... I' 1;1 ... ~. - J: 1';' Ui ~~ ...~ ]1 ~ '\ rft'"1 Ie; ~ '!;i i: ~ n ~ "7r":"i.. ""'- '-' 1 --. lit '(,!f;J 1 J..::v'l IJB .., 7)1 1 1.1 1 1-1 ~ Th~~: -; .. _~I~N~~~! ~." t '"~ 051 ~I~ 75 dB L n'A'---'; M' _ =-----< I '" ~ ~ ~ Ic- ___lLULBlRD DR. ~: _ ;~'" :~I APZ- ~ ~-IU\ -= -12 >75 d(3\ In c~ ~ NIA \' BEACH SEA CK B-2 PA~ \ R-1Q 'i8A 058 \2 >75dBLd \ A \\55 D # 1 2 DATE 7 -6-81 12-11-07 12-11-07 3/22/88 ACTION Granted Granted Granted Granted 3 ZONING HISTORY KATHY MAALOUF June 23, 2009 City Council Meeting Page 11 z o I I ~ U I I ~ r". ~ ~ c:.I":} p c;..:, z ~ o ~ Z o u . Z o Z I: DISCLOSURE'STATEMENT Ii APPLICANT DISCLOSURE If the applicant is a corporation partnership firm busmess or other umncorporated 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) Kathy Maalouf 2. List all businesses that have a parent-subsidiary 1 or affiliated business entitt relationship with the applicant: (Attach list if necessary) D 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. Ust the property owner name followed by the names of all officers members. trustees, partners. etc below. (Attach list if necessary) 2. List all busmesses that have a parent-subsidiary: or affiliated business entity:! relabonshlp wlth the applicant (Attach fist if necessary) o Check here if the property owner is NOT a corporatJOn partnership, firm business, or other unincorporated organization. 8. Z See next page fOf footnotes Joes an offiCIal w employee of the City of Virginia Beach have an interest In the ;ubject land? Yes __ No f yes what is th<,:> namA of th~ official or employee and the nature of their IrIterest? ..-_...~.,---~._"'--------~._-~-~.._--~---".~~^_.._~,.," '''~''-''------~ ~iV".,,,,unmnn:q A,op.:. :~_n' ?~qH d :~ 1:; DISCLOSURE STATEMENT KATHY MAALOUF June 23, 2009 City Council Meeting Page 12 ILD'SCLOSURESTATEM EN-T ADDITIONAL DISCLOSURES List all known contractors or businesses that have or WI I provide services With respect to the requested property use including but not limited to U1e proJlders of architectural ser/lces feat estate services financial services accounting services and legal services: (Attach list if necessary) , /. /' ._,___,___~___"_.._~_______._____,~..,_._~_._,.___'~"_..._~ "",_"^,,,,,,__,,'_"_"~"^""'__"_"'_""__~'~'_v Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent Of the votmg power of another corporation." See State and local Government Conflict of interests Act Va. Code S 2.2-3101 :. "Affiliated business entity relationship means "a relationship other than parent- subsidIary relationship, that exists when d) one business entity has a controllmg ownership interest in the other business entity 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 substantiaJJy the same person own or manage the two entities, there are common or commingled funds or assets' ItlS business entitles share the use of the same offices or employees or otherviise share activities resources or personnel on a regular basis' or there is otherwise a close working relations hip between the entities.' See State and Local Government Conflict of Interests Act, Va Code S 2.2-3101. CERTIFICATION: I cenif'} that the information contained herein is true and accurate I understand that, upon receipt of notification {postcard \ that the application has been scheduled fo! public !'leanng, I am responSible for obtaining and posting the required sign on the subject prope!1j at least 30 days prior to the scheduled pubHc heanng according to the Instructions in this package. The underSigned also consents to entry upon trle subject property by employees of the Department of Planrvng to photograph and view the site fo' purposes of processing and evaluating th", aponcatlon "',_ ,._,__..._._._w".w,':~.. ~_"~"___"~'"_"_~'_'~__ Property Owner s Signatve (If different than applicant) Name ;-h "ofd:.;~:~ Paqp '1 l~' I" II z o I C ~ U I . .....::r ~ ~ ~ cr.J P C-.::) Z ~ o J:.:t.4 Z o U I Z o Z DISCLOSURE STATEMENT KATHY MAALOUF June 23,2009 City Council Meeting Page 13 EXHIBIT "A" :..:: ~~~~ ~lt~ I - III ~ i \ ! f" ~ 56th _ VAl/IABLE WIDTH R/W - ~ STREET (M.B. 7. P. 150) . \~-a ! :- '" po . ~... ~l~~! ~ ~?< ~~ i: f'1 :0 T... ~~ ~ ~ ~Y;l"'~ ~ ~ e "t -~~ "".. ~ ~~r;< ~ %.:" i~ ~ III p ~ " l'fi l":g i 5 l"- I"- "" '" g .,; ~~:l ~ ~Tl o'j\; ~21 ~",Ei~;o.I .s~E':;t.... ~ ~~., ~~ - ....,~ii ~ '", ~ ~ ~ ;or-- ;or-- IQ IQ ~""i ~--i ~ 'Q1 ~ ~~ ~ ~ %. ~ ~ :;: m ~~~~ N-~ '" >l lrlCtvo,tb S~ ':!l&':!li~ ~~!:~~S6 clui~~m ~~~~~~~~ \3'" g~g a ",tJ ,., ~ ~ ~ ! i~~ ,.." ~~ ",,,,,,, > .. .. '" ",,, "''5 VI ~~ :~~~ N N ~ ::t~ ~ ~ ~t:)~~~ .. .. ",i; ~ \ ~ '" . ~ ~~ l Of ","< I ~iS l': l': ~ l; ~~ ~ ~ ~~ "" 0 \D ; g ~ Ii ~ ~ e E~, wct Of ~ PAVEIlEN1 '" '" '" \D ~ ,. ~ ;'l ~ $ ~ ~ ~ ... j:! 111 ~~ I ... I I s Ei .. b 0-3 tf) ~ ED "0 t ~ lfj 0 ~ a ~ ~ tl . 0 ....~ ~ r" ... Z II.;> S 0 ;'1 ~ ..~ dZI@ d1 "!.~\~~5>' ~5? ;J1\~ W !;d t"' ("'l ~ l~!;d ("'l "1 =It S --l t n ~ ~ ^ \~ ~ ^ ';; ~ > ~ - (l) ..pl t:<.\tIl-tC t:<.\-. '< 0 o ~ t:<.\ O. t<:l0 o"T1 )> ~s !;d;C I ~ !;dl ~ '6"1 ~ ~ ~ ~~ ~? (') ~ ll:' ~ ? w 10- ;'J (') '" ~:" ,,~. b ",8 ~~ ~ ~ ~ o = ~..... ~.-;:a t::2 II) 0 "'.l N ...... o :D ~ 0 1. o " . ~ I\) o --! I o t.) C) 50.00' - ~ PA'IOlEN1 j N ~~~ ~~ ."f :1llg ~~ -e~ 1,1 II ,:;6~^'B~;.. ~:!"", '_'{;.1 {c. ~l, :.~. ".i'~ ~"" >, ,0,: ".J ~l::;" J '':.2..;:::-.~~':~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance extending the date for satisfying the conditions in the matter of closing, vacating and discontinuing a portion of that certain unimproved alley known as "PORTION OF 15' WAY TO BE CLOSED (3,795 SQ. FT. OR 0.087 ACRES)" as shown on that certain plat entitled "EXHIBIT OF PORTION OF 15' WAY TO BE CLOSED FOR LOTS 8,16,17,18,19,20 & PART OF 21, BLOCK 10, UBERMEER (M.B. 7, PG. 150) AND LOTS A, B, & C, BLOCK 10, RESUBDIVISION OF LOTS 9,10, 11, & 12, UBERMEER (M.B. 137, PG. 23) VIRGINIA BEACH, VIRGINIA" DISTRICT 5- L YNNHAVEN. MEETING DATE: June 23, 2009 . Background: On July 8, 2008, upon the application of Jack E. Ferrebee and Mary B. Ferrebee; John Oliver Wynne, Jr.; Ed Boice, III; Betty Russo; John F. Power and Elizabeth C. Power; TGF, L.C. and Jefferson Investors, L.L.C. (collectively the "applicant"), City Council approved the closure of a portion of an unimproved15-foot wide alley behind the applicant's single-family dwellings located in the 200 block of both 56th and 55th Streets between Holly Road to the west and Myrtle Avenue to the east. The closed portions of the alley will be combined with the applicant's adjoining lots. . Considerations: There were five conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. Preliminary comments from the Virginia Dominion Power indicate that they have facilities in the area proposed for closure, and, as such, a final written agreement granting Dominion Virginia Power an easement shall be submitted and reviewed during final plat review. 4. The applicant shall verify that no other private utilities exist within the right-of- way proposed for closure. If private utilities do exist, easements satisfactory to the utility companies must be provided. Jack Ferrebee, et al Page 2 of 2 5. CloBure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall bo considered null and void. On June 10, 2009, the applicant requested an extension of time to satisfy the conditions. Staff concludes that the request for additional time is reasonable. . Recommendations: Allow an extension of 6 months for satisfaction of the conditions. . Attachments: Staff Review Location Map Disclosure Statement Plannin~1 Commission Minutes Ordinan:e Recommendecl Action: Staff recommends approval of ordinance granting a 6 month extension. Submitting Department/Agency: Planning Department~ City Managerc;~ V ,~~ JACK FERREBEE, ET. AL. Agenda Item 12 June 11, 2008 Public Hearing Staff Planner: Carolyn A.K. Smith REQUEST: Abandonment and closure of a portion of a 15 foot right-of-way between 55th Street and 56th Street, lots A, B, C, 8, 16,17,18, 19, 20 and part of 21, Block 10, Ubermeer II ADDRESS I DESCRIPTION: An undeveloped, 15 foot wide alley between Holly Road and Myrtle Avenue behind properties located in the 200 block of 55th and 56th Streets. COUNCIL ELECTION DISTRICT: 6 - BEACH SITE SIZE: 3,795 square feet SUMMARY OF REQUEST The applicant requests to close a portion of a 15-foot wide alley behind single-family dwellings located in the 200 block of both 56th and 55th Streets between Holly Road to the west and Myrtle Avenue to the east. The entire 15-foot wide alley in this location is not included in this request. The applicant has worked for several years to put together the various pieces behind these lots in an attempt to close the entire alley. Those attempts, however, have not met total success. Thus, at this time, the closure of the 15-foot alley is requested for Lots 8. 17, 18, 19. 20. a portion of 21. A, and B. Only 7.5 feet behind Lot 16 is requested for closure and 7.5 feet behind a portion of Lot C is requested. The remaining 8 properties on this block are not included with this request. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant right-of-way SURROUNDING LAND USE AND ZONING: North: South: East: . Single-family dwellings. duplex units I R-5R Residential District . Single-family dwellings. duplex units I R-5R Residential District . Single-family dwellings I R-5R Residential District JACK FERREBEE, ET.[~L. Agenda Itern 12 B~!~ 1, West: . Single-family dwellings I R-5R Residential District The property is located within the Chesapeake Bay watershed. The majority of the site consists of grass and trees, and there do not appear to be any significant environmental or cultural features on the site. NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS Oceana. IMPACT ON CITY SERVICES WATER & SEWER: There are no public water or sewer lines in this right-of-way. PRIVATE UTILITIES: Due to electrical facilities in the area, Virginia Dominion Power has objections to the street closure. This objection may be removed upon receipt of a written agreement to grant Dominion an easement. Virginia Nalural Gas has no objections. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The CompTi~hensive Plan map and land use policies place this site within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Evaluation: The Viewer.> have determined closure and abandonment of a portion of the alley will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. The proposl~d street closure is recommended for approval with the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the .Policy Regarding PUTi~hase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies JACK FERREBEE, El' Agenda It II II of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. Preliminary comments from the Virginia Dominion Power indicate that they have facilities in the area proposed for closure, and, as such, a final written agreement granting Dominion Virginia Power an easement shall be submitted and reviewed during final plat review. 4. The applicant shall verify that no other private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility companies must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. JACK FER~EBEE, ET.AL. Asenda Ite~; 12 pa~1~3 ':,'",.. AERIAL OF SITE LOCATION ;,\~,>., JACK FERREBEE,ET.AL Agenda It 12 4 1,1 II I '-__. .' ~''Z;'>hll<(k "-"""""'=''''''' ~ (M 8. ;7 SO~R('E 4/t, -.c.~!C 1.10/ ~. , I r1 5!e . t ~~ i _'U ~~~ I ~ );.1 , WI L LOT 4 tilT 5 1 ' ! i ~ to) WI I l LV' .J I I ~OCK39? ~ 20' IVW ~ MYRTLE (20' WAY - PiAT)(AI.8. 7, P. 150) A VENUE lOT 6 LOT 15 " N/F .... JAIlES H. JONESooH. JAMES H. JONES-JR. PH\'UlS ... JONES 6: WfItDY Go JONES ~ 2419-70-i207-OOOO (!l.B. 2990. P. 138<1) (lI.B. 1. P. 1SO) S otr56'OO" E 1010.00' o.A. 132.50' t I , I ~! )0<' ~. ", t 'S ~ - 7.50' -- EX (i' WQ()[) HNCE .... ~ a ~ ~Si ~ ii) J..;;: CI) 'i.00' I "" ~ 8:g ~~ . ~.. ~ ~a; ~ ill) ~~ LOTe 20119-;(J-SJ'}'J 7.50' S 08'56'00. E' 75.50' LOT 19 L2 I.NT B 20119-70-7202-0002 7.50' , 15.10' S 08'58'00" E ""0.00' (O.A) / LOT 2fJ & PART OF LOT 21 2419-70-6261 6' t.HM~ UNJo. F,:w.:f :M'O'..... .. _ - 132.50" - II 08'56'00" It' 1010.00' (O.A.) @ I.OT21 @ S 81'(H'00" It' j\-- . (.'()M)(!Mf."IP.III 401.00 _. PHA$t," LWi.' _ _ ...r __. ... _. ....-.-.-..-- ~ Si~.... i~ . ~ ~ ~ f;j CI) l~ ~; b~ "'Ilj itl~ ~ <0 "" LOTB 2419-70-6355 5.00' 127.50' II 08'56'00. W IJ5.00' (O.A.) LOT 13 N/F CURRAN JOSa>tl f JR 2419-10-9207-0000 (o,a 658. P. 520) (w.a 7, P. ISO) LOT 22 lOT 14 lOT 23 ~ HOLL Y -..1'...--...-...""'7'\-...... .... ~ 40' IVW;; \ A VENUE (Al.B. 7, P. 150) \_EX. C)~E or ~;.->:~ un.rt '''-" SURVEY OF AREA TO B..,e:cto~~D'" "- JACK FERREBEE, ETJAL. ~ '''':. ' ,~. Agendalte,12 ",,5 Map L-4 MoO'" Not to Scole Jack Ferrebee et al "-..)~~I~\~~:g~~~~~\ \ W l\ \,~ ~::: 1\ ~ ~ ~~OOO~ ~ n \ ~ u.. '::: n .~, l' )~~_ 0 \ ~ ~~ .' ~ - '~GO.~~~ 1\" -- '\~I L~ ~,..., I}\ r\ ~~~O~~\J ~ ~ ~::\~ ooJ ~. ~ ~-=-- ~ \, .o~- 00 0 ... '-' ~ ~~ ~ ~ :~~ ~ ~~\~~\J~~ l\ii\J. ~ ~ ---\ ~~ ~ ~ ~\ ~\ ~ ~ p~<> .\~ " ~ ~~~fi\~~O~\ 1 ".~ " ~ ~ 'Cc~h~~ilo. . .~ ;;oo~02_"fII( !>... ~ ~ ill A "! ) V \\t. ~ ~~ ~ \b \ '\" ~ \:\\ :J~l ~:;~ )treet Closure 1 04/23/02 Expansion of NONCONFORMING USE Granted 2 02/12/02 Expansion of NONCONFORMING USE Granted 3 08/14/01 Expansion of NONCONFORMING USE Granted 4 09/10/96 CUP (wireless communication facility) Granted 01/23/96 CUP (wireless communication facility) Granted 11/08/94 CUP (wireless communication tower) Granted ZONING IiJSW'R.Y <"~ "",,- \. \,'" .. JACK FER~EBEE, ET.f.L. ~genda Iter! 12 ....R~ge 6 M", z o I I .~ ~ ~ .~ ea ga .;:J CI".) o d f-4 ~ ga fri 1.1 II I DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant isa corporation. partnership, firm, business, or other unincorporated organization,complete the following: 1, List the applicant name followed by the names of all officers, members, .trlJ~tees, partners, etc, below: (Attach list if necessary) 'IWr.i applicants are ~. 'lGF. rc: Jack Fine, 1202 UX:hlau::nd Ct., Richrrond, Virgi.nia 23221,b.el; 804-762-7014. Jefferson Investors, LtC: Catherine Bosher, P.O. !3dR 655, Virginia Be,;'1ch, \fJ.rg.tnia2.3~51,. tel: 428-1321 -- 2. list all businesses that have a parent-subsidiary1 or affiliated business entitf relationshiP with the applicant: (Attach list if necessary) !Ibne gg Check here if theapplicanUs NOT a corporation, partnerShip,firm, business, or other unincorporatooorganization. Wi.th respect to all other applicaIl'ts. PROPERTY OWNER DISCLOSURE Complete this section only ifproperty owner is different from applicant. If the propertyownerls.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,m--Io.-- trustees, partners, etc, below: (Attach list ifnecessary) .. ...." JW'i 2. Ustall businesses that have a parent-subsidiary' or affiliated business entitf relationship with the applicant: (Attach list if necessary) N/A Kl Check. here if the property owner is NOT a corporation, . partnership, finn. business, or othet unincorporated organization. 1 & 2 See next page for footnotes Does an official or employee ofthe Cil:yof Virginia Basch have an interest in the subject land? Yes __ No ~ If yes. what is the name of the official.oremployee and the nature of their interest? $.~ Ckl$we A;l!Ilil::llUon Pilllll f2. cr \3 Re>Mied , \ .., liCE) JACK FERREBEE, ET. AL. +Agendaltel1l 12 eage 7 ISCLOSURE STATEMENT ~ AODITIONALDISCLOSURES 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 servicas. and legal services: (Attach list if necessary) ~ relationship" means "a relatlc>>'lship that exists when one corpora!ion directly or owns shares possessing more than 50 percent 01 the voting powet'. of another cocporation." See State and Local Government Contlictof Interesls Act. Va. Code S 2.2-3101. t "Affiliated business entity relatiOflship' means "a relationship, other than parent- subsidillryrelationship, U1at exists when (I) one busine$$elility has a controlling ownership interest in the other busrnessentlty, (ii) a controllingowner.in .cmeentlty is also a controlling owner if the other entity, or (iii.) there is shared management or control between the business entitles, Faelors that should be considered in determining the existence of an aHiliated buslnes:. entity relationship inclUde that ltle same person or substantially the same person own. Ornanage the two entities; there are common or commingled funds or assets; the businesllentilies share the use of the same offices or employees or otherwise share activities, resoorCHS or personnel on a regular basis; or there is otherwise a close working relationship between the enlilies: See State and local Government Conflict of Interests Act, Va. Code ~ 2,2.3tO' CERTIF.tCA TION: I certify thallhe information contained herein is true and accurate. fslaMlhat. upon receipl of notificalion (postcard) .that lhe application has boon scnoouled Jor he;iri.~, I am responsible for obtaining and posting the reqUired sign on the subjEtc! prop$rty at 311e !S prior to the scheduled public hearing accQrdlng to the instructions In thiS package. The llnd6l'$i~r consenls to entry upon the subjecl prop~y byemployoos of 1M O:fiPattment 01 P~nniog 10 raph and view the site for purposes or processing and evaluating this application r:11~ 'F; :TwJ: 1\1a1~~lY'e.Je~ Print Name ProoortYi5'Wrter's SigMtm:e{if oifferenCihar;appircanl~- Print Natfle B!llle! CklHJ(<j Appliq!li'ln PafJel3c,tU n""'$nd 7111;; ;:lOt z o il I ~ 'U t I s: ~ ga t=l r::I) o ~ U E-c ~ ga f-4 en '-", JACK FER~BEE, ET.;AL. '~genda Itemt2 P~g~ 8 DISCLOSU STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with to the requested property use, including but not limited to the providers of services. real estate services. financial services, accounting servH::es, and legal , services: (Attach list if necessary) , .Parent..subsidiary relaUooship" means 'a relationsl'lIpthat exiSts when one col'PQl'ation diroctly or indirectly 0WI'l$ shares poml&ssing more than 50 perc&ntof the voting powt)r of another corporation.' Se>e8tata and Local Government Conflict of lnmrosts Act, Va. Coda ~ 2.2.3101. ; "Affiliated business entity relationship' means "8 relauonship, other than parent. sul;}sltilary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (if) aoontrollil'lg owner in one entity is also a controlling the other entity. or {ill} there lsshared managament or control between the business Factor$ that shookS be considered in determining tj1e exl$te~ of an affilia!.ed business entity relationship looudll that the the same person own or manage the two entities; there ani: commoner Of assets: tho business enlilles share the.U$.\ilof thu.$ameo!flC(lsol' emp!oyeMoJ"olhel'Wlse share activities. resources or personnel on at~ular basis: or thete is otherwise a dO$a wort<lng relationship between the entities: $00 Stale eootoca! Govemmenl Coofhct of lntarests Act Va. Code ~ 2.2*3101. CERTIFICATION: I cet1ltYthat the lmorrnalloo contained herein is true and accul"ate. I underntllnd thai, upon receipt af notification {po'lltcaro} tlial the applfc.ation has been scheduled for public heming, lam responsiDh!: far o!:1laining and posting U\!l r",qurredSl9n on the 11'operlyat least 30 days priOr to the scheduled public. hearing accon:lu19 to t.he InstructiOns in age. The undersigned also oon!>ants 1.0 entry upOn the subject property by employees althe f Plaoorng 10 pholograpl1:and view the site fur !)urp<l$cs Of processIng aM evafuating lhlf. appUcatlon -"I....,... L.. '!. f{;r; Ld 1 (,,;.or . """ .:J. /l /"1 '.-f ' ~y'" CL:J!>Jt.tr(,l-uL f~ tf}-,,-1 '_ ._. Ov,.~~wl ~f}liCrt'S Signalure V 1~ e/~/I-r Print Name G Property O\'mer'sSlgnaluff< (11 diffolt'!rn tl'1iil.fl applicant)S r:::Me ):trm;(. C.;s;,;Uti: }\opt~k:;n P~151:lH3 . rt~~~~'"K17f't 1l2$)~) II Z' o I t ;;; U I I .....:1 ~ ~ ga t::J CI) o .....:I U. f-4 ~ ga .tj JACK FERREBEE, ET;;AL. .Agendalterll. 12 P~ge 9 ,~>~w LOSURE STATEMENT ADDITIONAL DISCLOSURES list all k 10wn 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 necessmy) 1 'Parent.subsidiary relationship" means "s relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See Slate and Local Government Conflict of Interests Act, Va Code S 22-3101. 2 "/\tritiated business entity relationship. means "2 relationship,otherthanparent- subsidiary relationship. thaI exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a conlrollingowher inone entity is also a contrOlling owner in the or (iii) there is shared management or control between the business entities f;ac uld be considered in determining the existence of an affiliated business ,antit ticnship 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 i9ntities 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 worldng relationship between the entlties.# See State and locafGovernment Confllctof Interests Act, Va. Code S 2.2-3101 CERTIFIGATION: I certify thai the information contained herein is !rue and accurafe. I unqerslano that upon receipt of notifICation {postcard} that the application has l>~en scheduled fot ptlbllch~aring.l am responsible for obtaining and posting the required sign on thel $l.Ibjecl property at least 30 days prior to the scheduled. public hl;!aring E\coordjng to the instructions in thIS package. The undersigned also consents to entry upon the subject property by emplOyess Qfthe Pepartment of Planning to photograph and view the site for purposes of processing andevalualing this application, ~.(:C'e .-";;"(/)'1 CL~~~. f. Applicant's Signature ..:[Iv ~t1't<J. k;.. <- f>>:;l...eji./"" CIUl Print Name E.:&~ Property t)vl1(~rs Signature (if different thanappllCanl} Print Name Str0i~iClrnwrG 1\ opii,;ahM Z :0 F== tJ IT I == ~ ~ ;::J r::I) o .....:1 U ~. ga f-t CI). JACK FERREBEE, ET.'AL. Agenda IterT!; 12 R9g~:,1. 0 "".". SCL.OSURE STATEMENT ADDITIONAL DISCLOSURES List alfknowncontractors 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 service$.: (Attach list if necessary) 1 "Parent~$ubsjdiary relatlonship" means "a relationship that exists when one corporation directly or indirectlyoWf'lsshares possessing more thanfi() percent Of the voting power of another corporation." See State and Local Governmenteontllctof Interests Act. Va, Codeg 2.2-3101. ~ "Affiliated business entltyrelationshlp" means "a re!ation~hip. otherthan parent- subsicliary relationship, that exists when {i)onebusiMssenUty nasa controlling ownership Interest in the other business entity, (il}s controlling owner in one entity is also a. controlling owner In the other entity. or{iii) there is sharedmanagernElOt or'control belween the business entities. Factors that shouldbeooosidered in ~tennjning the (!xisteneeof an affiliated business entity relationship in<':lude that the same person or substantially the same person own or manage the two entities; there a~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 $(llitles." See State and Local Government Conniet of Interests Act. Va. Code ~ 2,2-3101. C f certify that the InformaUon contained herein is true lilnd accurate. I . t of notification (postcard) thai the application has been $cheduledfor p e for obtaining and posting the required sign on Ihesubject properly at least3l!clllyspriortothe: $cheduied public hearing according to the Instructions inthls pacl<age The l.Inderslgneda!so consents Ie> entry upon the subject property by employees of the P~artrnel1t of Planmngto photograph ana Vi~lW the site for purposes of processing and ~va!lJating this application. (O...........r. ... ""f CQ ~"'[ (I tgnatJ.Ire (& t),nc.e- Print . arm: prt;pertyOwnets-Sigllature (if diffefenl than applicant) Print Name 1,1 II I z o t--I i~ t3 t--I i ....:t r::t-. ~ ga ;:J en o ....:I U ~ ga ~ JACK FERIREBEE. ET.;.iAL. Agendalte~.12 Pa9~;t1 L,?~_~~:LOSURE STATEMENT ADDITIONAL DISCLOSURES list all lmown contractors or businesses that have or will provide services with respect to the mquested property use, including but nollimited to theprovlders of architectural servicell, real estate services, financial services, accounting services, and legal servioou: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when on~ corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power 01 another corporation. ~ See State and Local Government Conflict of fnterests Act. Va. Code ~ 2,2-3101. ~ "Affiliated business entity relationship' means "a relationship, other than parent- subsidialY relationship, that exists when (i) one business entity has a controlling ownetship intereslt1 the other business entity, (ii) a controlling owner in oneentlty is also a controlling owner in the other entity. or (Hi) there is shared management Pi control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship ioblode that the sameper$OI1 or substantially the same person OWn or rHmage the two entities; there are common or commingled funds or assets; the business entiti$$ share the use of the same offices or employees or otherwise share activities, resources. or personnel on a regular basis; or there Is Qtherw1soaclose working relationship between the entities.~ Sae State and Local Government ConfliCl.Of Interests Act, Va. Code ~ 22~31{)1 CERTIFICATION; I certifytna! tho informalicn containadherejn is true and accurate r understand that. upon receipt of nohficalion (postcard) that thl} awlication has been scheduled for public hearing. I am rasponsiblefor obtaining and pt;lst1ng the requiredslgn on the subJecl property at least $0 (j,jYS prior to the schooulOO public heartngaccording 10 the instructions in thiS package. The undar$ign~d also consents to entry upon the subject property by employees of thu Uep"rtment of Planning tJ photo~raph and view the site for purposes of prOCtlSSlf'lg end eva!ualing this application. .~ ~. -rl-a.f-.'-' N", . {- t:!t Appllcant'! r w f' t . ".---...-- Property Owner.s Sign,01iure (if different than applicant) J;)~~ f /4 ,L"'Z".,..m'f~ Pnnt Ni'l.!Y' i> '-:::1::::;' ,:,:,'.f (,,:;"'5'- Z-/ Print Name S!tee! Clott,fe \ppticaton Page 1:.1 0113 Re,,$e<l lilliNG(' z o ~ I ~ U I I ~ I J:L.4 ~ ~ ;::::J en o ~ u !-4 .~. JACK FER~EBEE, ET.AL. Agendaltern.12 PiQEt12 ISCLOSURE STATEMENT ADDITIONAL DISCL.OSURES List all known contractors or businesses that have or will provide services with respect to thel'equestedproperty use, including but not limited to the proViders of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 .parent-subsidiaryl'~lmionshjpH means "a relatiol'lshlp that eJdsts when one corporation directl)'qrindire(ltlyowns shares possessing more than 50 percent of the voting power of another ~()n." See Stale and Local Government Conflict of Interests Act. Va. Code fi 2.2-3101. 2 . Affiliated business entity relationship" eans "8 relationship. other than parent- 'subsidiary relationship, that .exists when (i) one entlty~ a controlling ownerst\lp Interest in the otherbusinessel'ltity, (ii) a contr owner in OM entity is also aeontrolling owner in the othere (Iii) there is shared managementorCOi'ltrol between the business entitles. Factors that be ~idered in determltling the exi$tence of an affiliated business entity relatiohshlpinclude that the same person or substantially the same per$OIl own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resournes or petsOI'lnel on a regular baSis; or there is otherwise a close working f'eJatlonshlp betWeen the Mtltles: See State and Local Government Conflict of Interests Act. Va, Code fi 2,2.3101. CERTlFtCATION: I certify that the Information contained herein is true and accurate. I und~ that, upon receipt of notificatiOn (postcard) that the application has been s publlc he$'ing,1 am responsible for Obtail"ling and posting the required sign on the subject at least 30 days prior to the sc/1eduledpublic hearing according to the instructions in this packagaThe undetsigned alsO constnts to entry upon the subject property by emPloyees of the Department of ~ning to photograph and vleW~ site for purposes of processing and evaluating this . a:J.i~~ t I ttLU)..QA.r lZL! z- f) 8BTJ.! . 4'Uv.. ?f- 6":",,,,\ tr <> ,.,i F. f tJ Wt f1 . ic8nfs Signature Print Name Property Owner's Signature (if different than applicant} Plint Name SlI'Ml ClosUI!l Applil".atioo Page13of13 Rd\li~d 7/111lOO6 ,~jt~~:~~~~,mmmm!~",~ ffii:, "" f~~~~~S:~i:'r,t'NI' 1,1 II I z o ....... ~ U I . == ~ ga .~ en S U ...f-c ~ ga f-c en "- JACK FERREBEE, ET.:AL. Agenda Item 12 Pcag.e' 13 SCJ_OSURE STATEMENT ADDITIONAL DISCLOSURES _ Ust all knowooontractors or businesses that have or will provide selVices witt'lrospect to the re<luested 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 "~arent-$ubsidiary relationship" means ~a relationship that exists When one corporstiolld~ 01' indirectly owns shares possessing more than 00 pen:ent of the voting ( another corporation: See State and Local Government ConfJlct of Interests Act. Va, fi 2.~!~3101. 2. Nfiliated business entity relationship. means "a relationship, (lUler than parent- Sllbsidlary relationship, that exists when Olone business entity has a controlling ownership Interest In .the other business entity, (Ii) aconttolllng owner In one 1$ also a controlling ownerlnttle other entity. ot (itl) there is shareclma ent or tween the business entities. Factors that should be COl'\$idered lndero gthe existWloe of an affiliated business entity relationship IncluQe that the same person or SUbstantially the .sa~person own OI'marlage the two entltles; there are common . or commingled fund$OI' assets; the businti$$entltles share the us$of the same officssQl' employees or otherwise shareilCtMties. re~ 'Ilf personnel on a regular basl$;OI'.there i$otherWisea ctosewoOOl'lg relationship between tbe entiti$." See State and Local Govemrnent COnflict of Interests Act. Va. CodeS 2.2,3101. CERT'F.e:A liON: I certify thaI theinformatlOn oontained herein i$ lrue and accurate. funder$lant! that. upon receipt of notification (postcard) that the application has been schedl.lled for public heari/l9.lamtesponslble for obtaining and posting the required sign on the subject property at ~asl 30 dayspriOfto the scheduiedpublic hearing according 10 the lnslruclions in this packag&_ The und8l1lignee alsu(:()l\Sen\s to entry upon the subject property by employees of theOepartmcnt of Planning to i:>holOgtaph and view the site lor purposes of proce8slngandevaJuating this application. anf$~~C\1Id~~7 } ~1\OI;~ WYM~15r Print Name Property Ov.ner's Signature (if different than applicant) Print Name Slre<!l C\oIwte Ar.JlicllliOO P.13of13 Rll'iI!sed 7Il1i'200h z o ~ ~ ~ ~ ea ga p trJ o ~ u ~ ga ~ JACK FERREI?EE, ET.&AL. Agenda Item. 12 Pilge 14 , ,! 1,1 II ADDENDUM A TO STREET CLOSURE APPLICATION John Oliver Wynne, Jr. 209 55th Street Virginia Beach. Vi.rginia 23451 Edmund Boice, III 211 55th Street Virginia. Beach, Virginia 23451 757491..0903 Betty Russo 213 .5 5th Street Virginia Beach, Virginia 23451 757437.2550 J,3(:k E. Ferrebee and Mary B. Ferrebee 2UB SSlh Street Virginia Beach, VirginiaB451 757425-1539 John Power and Elizabeth Power 17 55th Street . iaBeach. Virginia 23451 757428--8631 Jefferson Investors, LLC 214 A.&B 216 C&D 218 E&F 56lh Street Virginia Beach, Virginia 23451 757428..l321 Fax: 757491..7448 Email:bbrokbirdswin(wiuno.com TGF, LC 210 56th t Virginia ch. Virginia 23451 804-762.7014 DISCLOSURE STATeNlENT JACK FERREBEE, ET..AL. Agenda IterQ.12 Pane: 15 "'~:""-' h ~" Item #12 Jack Ferrebee, et al Discontinuance, closure and abandonment of an alley Located between 55th Street and 56th Street from Holly A venue east to Myrtle Avenue and adjacent to Lots A, B, C, 8, 16, 17,18, 18,20 and Part of21 Block 10, Ubermeer District 5 Lynnhaven June 11, 2008 CONSENT Joseph Strange: The next item is item 12. An application of Jack Ferrebee for the discontinuanc€:, closure, and abandonment of a portion of an alley located between 55th Street and 56th Street from Holly Avenue east to Myrtle Avenue and adjacent to Lots A, B, C, 8, 16, 17, 18, 19,20, and Part of21, Block 10, Ubermeer, District 5, Lynnhaven, with five conditions. Janice Anderson: Welcome Mr. Tarkington. Jeffrey Tarkington: Thank you ma'am. Madame Chairman and members ofthe Commission, we also appreciate being placed on the consent agenda. We've reviewed the conditions. All of them seem reasonable and are acceptable. We have had two comments from the surrounding land owners, both of whom want to make certain that the alley was not to be improved as a thoroughfare. They now have no opposition. We've already contacted Virginia Power regarding one of the conditions that was recommended. Joseph Strang€:: Is there any opposition to this matter being placed on the consent agenda? The Chairman has asked Phil Russo to review this item. Philip Russo: This is a request for the abandonment and closure of a portion of a 15-foot wide alley between 55th Street and 56th Street in the Lynnhaven District. This is an undeveloped I5-foot wide all~ between Holly Road and Myrtle Avenue. The property is located in the :WO block of 55 and 56th Streets. The applicant requests to close a portion of the 15 foot wide alley behind the single-family dwellings located in that block, which is between Holly Road to the west and Myrtle Avenue to the east. The entire 15-foot wide alley and the location is not included in the request. The property is located within the Chesapeake Bay Watershed, and a majority of the site consists of grass and trees. There does not appear to be any significant environmental features on the site. Staff recommends approval ofthis request, and therefore, we have placed this item on the consent agenda. Joseph Strang~:: Thank you Phil. Chairman, I have a motion to approve agenda item 12. Janice Anderson: Is there a second? We have a second by Kathy Katsias. " II AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY KATSIAS AYE KNIGHT AYE LIVAS AYE REDMOND AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 12 for consent. 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING CONDITIONS IN THE MATTER OF 3 CLOSING, VACATING AND DISCONTINUING A 4 PORTION OF THAT CERTAIN UNIMPROVED 5 ALLEY KNOWN AS "PORTION OF 15' WAY TO BE 6 CLOSED (3,795 SQ. FT. OR 0.087 ACRES)" AS 7 SHOWN ON THAT CERTAIN PLAT ENTITLED 8 "EXHIBIT OF PORTION OF 15' WAY TO BE 9 CLOSED FOR LOTS 8, 16, 17, 18, 19, 20 & PART 10 OF 21, BLOCK 10, UBERMEER (M.B. 7, PG. 150) 11 AND LOTS A, B, & C, BLOCK 10, RESUBDIVISION 12 OF LOTS 9, 10, 11, & 12, UBERMEER (M.B. 137, 13 PG. 23) VIRGINIA BEACH, VIRGINIA" 14 15 VVHEREAS, on July 8, 2008, the Council of the City of Virginia Beach 16 acted upon the application of Jack E. Ferrebee and Mary B. Ferrebee; John Oliver 17 Wynne, Jr.; Ed Boice, III; Betty Russo; John F. Power and Elizabeth C. Power; TGF, 18 L.C. and Jefferson Investors, L.L.C. (collectively the "Applicant"), for the closure of a 19 portion of an unimproved alley adjacent to Block 10 Ubermeer as shown on Exhibit "A"; 20 21 V~HEREAS, on July 8, 2008 the Council adopted and Ordinance to close 22 the aforesaid alley, subject to certain conditions being met on or before July 7, 2009; 23 and 24 25 V/HEREAS, on June 10, 2009, the applicant requested an extension of 26 time to satisfy the conditions attached to the aforesaid street closure. 27 28 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 29 Virginia Beach, Virginia: 30 31 That the date for meeting conditions of closure as stated in the Ordinance 32 adopted on July 8, 2008, upon application of Jack E. Ferrebee and Mary B. Ferrebee; 33 John Oliver Wynne, Jr.; Ed Boice, III; Betty Russo; John F. Power and Elizabeth C. 34 Power; TGF, LC. and Jefferson Investors, L.L.C., is extended to January 8,2010. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on this 37 day of ,2009. 38 39 GPIN: 2419-i'0-8246-0000, 2419-70-8205-0000, 2419-70-7253-0000, 2419-70-7202- 40 0002,2419-70..6261,2419-70-7369, 2419-70-7317, 2419-70-6355, 2419-70-5373 CA-11027 \\vbgov.com\dfs 1 \applii::ations\citylawprod\cycom32\Wpdocs\D01 O\P005\00015327. DOC R-1 June 10, 2009 APPROVED AS TO CONTENT: ADM1RAl,~ Street Closure Relevant Information: · Kempsville District · The applicant requests closure of this portion of the right-of-way for the purpose of incorporating the closed area into the site to the south. . The site to the south of the closure area was approved in 2008 for a Use Perm it for auto sales. · The Viewers reviewed the request and determined there would be no inconvenience to the public through closure of the right-of-way. Evaluation and Recommendation: · Planning Staff recommended denial. · Planning Commission recommends approval (10-0). · TherE! was no opposition. · Consent agenda , I, I, II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of 5073 VIRGINIA BEACH BOULEVARD, L.L.C., for the closure of an unimproved portion of Euclid Road adjacent to 5073 Virginia Beach Boulevard. DISTRICT 2 - KEMPSVillE. MEETING DATE: June 23,2009 . Background: 5073 Virginia Beach Boulevard, L.L.C., the applicant, requests closure of an unimproved portion of Euclid Road adjacent to 5073 Virginia Beach Boulevard. The total area requested for closure is 994.2 square feet. . Considerations: In December 2008, City Council approved a Conditional Use Permit for a motor vehicle sales and rental business on the property adjacent to and south of the area of closure. This unimproved right-of-way proposed for closure will be added to the adjacent site. The Viewers met and determined that there will be no public inconvenience from the street closure request. It is possible that this site may be impacted sometime in the future by improvements to serve the traffic needs of Town Center. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) for the Central Business District surrounding Town Center has developed short-term, mid-term, and long-term alternatives for transportation needs in the area. The Pembroke Area Comprehensive Transportation Plan is intended to be a starting point for discussions and a tool for consideration of the work to be accomplished with Pembroke Strategic Growth Area Plan. Based on the timeframe for any improvements to this section of Virginia Beach Boulevard and the relatively small amount of property under consideration, Staff's opinion is that this for closure is acceptable subject to the conditions below. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend approval to the City Council with the following conditions: 5073 VIRGINIA BEACH BOULEVARD, L.L.C. Page 2 of 2 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Intemst in Streets Pursuant to Street Closures," approved by City Council. CopiHs of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there is a gas main that crosses the area proposed for closure. If private utilities do exist, easements satisfactory to the utility companies must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the abovl3 stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. . Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map and Summary Ordinanc'3 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage~~ 'y..~ Ii II I # 13 May 13, 2009 Public Hearing APPLICANT: 5073 VIRGINIA BEACH BOULEVARD, LLC PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Carolyn A.K. Smith REQUEST: Discontinuance. closure and abandonment of an unimproved portion of Euclid Road ADDRESS I DESCRIPTION: Property located on the south side of Virginia Beach Boulevard, beginning approximately 185 feet east of Witchduck Road and Virginia Beach Boulevard, continuing approximately 108 feet to the east. ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 994.2 square feet AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests closure of a portion of an unimproved portion of the Euclid Road right-of-way. The total area requested for closure is 994.2 square feet. City Council approved a Conditional Use Permit on the property adjacent and to the south for a motor vehicles sales and rental business in December 2008. The unimproved right-of-way is proposed to be incorporated into this adjacent site. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site 5073 VIRGINIA BEACH BOULEVARD, LLC Agenda Item 13 Page 1 SURROUNDING LAND USE AND :Z:ONING: North: . Virginia Beach Boulevard · Retail / B-2 Community Business District · Vacant (future auto sales & repair) / B-2 Community Business District · City vacant property / B-2 Community Business District · Jersey Avenue · Auto sales / B-2 Community Business District South: East: 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 site. The former dwelling on the property has been removed and the site is a mix of old parking lot asphalt and the remnants of a dwelling's foundation. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The MTP recommends a divided facility within the existing 150-foot wide right-of-way. A CIP projed is slated for this area. Witchduck Road - Phase II (CIP No. 2-025) involves the improvement of Witchduck Road from 1-264 to Virginia Beach Boulevard, creating a six-lane divided facility within a 131 foot right-of-way with aesthetic improvements. Construction is estimated to begin in September 2014. This request is not expeGted to impact the site at 5073 Virginia Beach Boulevard. There are no CIP projects scheduled for Virginia Beach Boulevard in front of this site. However, a transportation study has been completed under the Pembroke Area Comprehensive Transportation Plan (CIP 2-238) for the Central Business District surrounding Town Center. The study has developed short-term, mid- term, and long-term alternatives for transportation needs in the area. As part of the long-term improvements, there are sl~veral alternatives to utilize Virginia Beach Boulevard as part of a comprehensive system for traveling in and around the Town Center area. Detailed planning for this area is currently underway as part of the Pembroke SGA planning effort. WATER & SEWER: There are no City water or sewer lines in the area proposed for closure. PRIVATE lJTILlTES: Virginia Natural Gas has a two-inch gas main that crosses the area proposed for closure and requests an easement. Condition 3, recommended below, requires this easement. Hampton Roads Sanitation District has no objection to the proposed closure. Dominion Virginia Power has indicated that the applicant will be responsible for costs associated with the relocation of facilities, if applicable. No objection to the closure was raised. 5073 VIRGINIA BEACH BOULEVARD, LLC Agenda Item 13 Page 2 l' II I Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this site as being within the West Pembroke Area of Strategic Growth Area (SGA) 4. The land use policies of this area recognize that "many of these properties have greater, long-term potential to be transformed from a land use pattern that is predominantly low intensity commercial and industrial to one that achieves a compatible mix of urban land uses and higher economic investment potential than exists today." An effort is currently underway to develop a Pembroke SGA Implementation Plan, which should be completed sometime this autumn. Evaluation: The Viewers met and determined that there will be no public inconvenience from the street closure request. It is possible that this site may be impacted sometime in the future by improvements to serve the traffic needs of Town Center. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) for the Central Business District surrounding Town Center has developed short-term, mid-term, and long- term alternatives for transportation needs in the area. The Pembroke Area Comprehensive Transportation Plan is intended to be a starting point for discussions and a tool for consideration of the work to be accomplished with Pembroke Strategic Growth Area Plan. Based on the timeframe for any improvements to this section of Virginia Beach Boulevard and the relatively small amount of property under consideration, Staff's opinion is that this for closure is acceptable subject to the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility companies, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 5073 VIRGINIA BEACH BOULEVARD, lLC Agenda Item 13 Page 3 AERIAL OF SITE LOCATION 5073 VIRGINIA BEACH BOULEVARD, LLC Agenda Item 13 Page 4 Ii II '"' ' ~ N~i ~I.I ~~ ~ i' ~ 1~ II ~ ! J,.~ ,,-. ~~ ,.." .. s~~ ~..,,~~~41~ 12?.s> ~ "t':~ ~ aSDCl......... ""~ ~ ~ """'11 oJ/. 0,""", ,b.....- ',0 . C -'Q . "45>~~ % ".:b~ a.. > ~COI)m .I ' ~ [0/ so: I I "I': _Sl:! .' '<Ii . ':. )._11:" fi.~ Sl ..- ' ziti ~ a_~ ....I$." IH;.~ aSDCl _"" LOT-S ,..: ~ . W 1-25.00' -xEX"1r~ .... ;&cr LOr 9. BI.OCK 26 1.'1' CWll t EIJCUO PlAce SURVEY OF AREA TO BE CLOSED 5073 VIRGINIA BEACH BOULEVARD, LLC Agenda Item 13 Page 5 PROPOSE.{) *- "COMPANY" .....~ .. SIGN 7 '..., '.-......./ t""""'~ .e~..., <. '~ Gl::o~,,,, S.r..,~ 01_ '", -...... /J~, ~. . itr: .Q \ .' ""'- f'b;()~ iI?o4 ~ ~~ ." '. '.'X.' SHR@._ ....~ "r,.. .""...,..,. i/!",- ..,_....... <""'_. - ."" .J '0 - ..... ........ ',,;,m. ". ;; ... ~ _ ." -"'4",,, ".~~~~.... ? '"".~So ..~ "'- ~'..J ~oi> . '''''' ~''''b """-.. :;.;; :~~! ~ ... ::;:, :::~ ~~~ '...,!') :~~ tl"'iS ~~~ ~ 1 LOT ARlA {,JCt l)O...,ARf fEn CR 05t2 \CRe3 ;{OW~(, S2 BUleW:: OAlI< , i~n fl em $HOWRo.1M \750 50 S:Qc:ARE FEE'!", (3,251)50 900 ~ 4 SPAC(S: . {NO fU)()!l 1)5" 50 SQUARt rrn (j,25lLSO I no 1.} SPACiS) PARKING ;)AlA' . RHIU!R(l): \1 . PflO'lOlD: 18 ~ ... 3 20' UTILITY eASEMENT (INST NO 200108IS001! 1;J40) REMOyE: 1" . 4 ...... ~~ ~'" N~il ~p ~ ". f ,,~ ~p ..IN!" J~~~ ~ 4" CURB J~ : ''-, ~; , ........ ; f. r ,.....~~ f ~ .-t.~__ : ",...... .".~ \L 1"'1 l c\~IY:',/... ... i :.s~ '. . ",,{'ROPOSfiO ,/ ~ I t=: - - -.,..... f:;:::c/~~ --" y" , ' ~ .. '....... -.,.,:, '~,i.. 'IJLPROPOSEO ..... " I ,,, '" :; . .4":.l!!!B '. ....."" " " /' ' ~ A. '"", 1 ..1 . . /" . '"', '- '- "i/!:/ I ~. ":v <-. ,... "'~"~~"".. " "- // ,..to / , "CI I; 1; -to \, " //"""'C / / i\. /-k'\~~~A~',/) / PARQ~L 3~",<,{ )~~'0(/ ), l!; '\ ..... / / . " \ I'" "- " "- PROPOSEO..... "- CONCRO.,. "", lWILK " ~ ~ ml~ S-lil 'III: <l:'i:\ ).. ~ ,.' WIl1:i ~ ~ ~ " t ' : ':f"!~ ~ ! .il ClF, \,)-+.-- .. ~: ,I ... " ac: i ,,,ro.,,. _- V) REMOVE; ;---- LX ::" < (; _ _'.!I,P' Sf- -'L ~. ,....';;..f~......---" :;} i 49.50' \ \ ~ \ , :ot ' '" 1 --a{ ... 1 . , !)l ! ~ ! ~ ! l') R~MOV[' (,,/ .: .-IM"'! PROPOSEO )\. REMOVE 2-$J'Y . ", ... '. 6" BUllOINC ~/\ Y.t (3.250.50 sO f'l) REMOVE t ~ :'>"i~(UL ,-~\L ~......""".........._..".,._..~-......- "'-<,....' '0 lCi '0 / ,/ LOT-7' ( 1 ."V , /" iPROPOSED . . I." CURB $ 89'.J8'29* W 125.00' i.;) f -t ';" ,- .9.50' LOT-B .. P/?oPOSCC , MCCHANIC< FnlHPUFN SITE LAYOUT APPROVED WITH CUP 5073 VIRGINIA BEACH BOULEVARD, LLC Agenda Item 13 Page 6 III Beach Blvd., LLC Of .... Street Closure 1 12/02/08 CUP (auto sales & repair) Granted 2 08/12/08 CUP (auto sales Granted 3 OS/23/06 Street Closure Granted 4 03/14/00 CUP (auto sales) Granted 09/28/99 CUP (motor vehicle service) Granted 5 06/09/92 CUP - recreational vehicles sales & Granted service ZONING HISTORY 5073 VIRGINIA BEACH BOULEVARD, LLC Agenda Item 13 Page 7 z o I I ~ U I I ~ ~ ~ ga t:J CI':J o ~ . 2. list all businesses that have a parent-subsidiary' or affiliated '~~~~~~~~-~ntity2 U relationship with the applicant (Attach list if necessary) f-c ~ D'~hec~-er;;f the ~roperty ~wner is;~T a corporatton partnership, firm. business. ~ or other unincorporated organization. = I 7" s~ ,,~ pa,"';;;;;;;;;""" - f-c CI':J 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) 5073 Virginia Beach Blvd., LL.C.: George Loizou, Managing Member 2. list all businesses that have a parent-subsidiari or affiliated business entitl 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 uOlncorporated organization, complete the following: 1. Ust the property owner name followed by the names of all officers, members, trustees, partners. elc. below; (Attach list jf necessary) S1reet crO-SlJ!"e' App\icat~!)~ Page 't2 or t:.\ H{~Vi~ed ~t: '1::'2(('4 DISCLOSURE STATEMENT 5073 VIRGINIA BEACH BOULEVARD, LLC Agenda Item 13 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use. including but not limited to the providers of architectural services. real estate services, financial services. accountmg services, and legal services, (Attach list If necessary) Sykes. Bourdon, Ahern & Levy, PC WPL 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 S 2.2-3101, ~ "Affiliated bUSiness entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership intere.st in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. F actors that should be considered in determining the eXistence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwjse a close working relationship between the entities: See State and Local Government Conflict of Interests Act, Va. Code 92.2-3101. CERTIFICA TION: 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 publ~il'lg-<recortfi~ instructions in this package. 5073 Virgln~a:tm.ch BIV~,LC. ............,'- BY:_~</ ~ .. /-.....~ :...-~) George Loizou, Mg Member Applicant's "atu,2r 7 ...-? Print Name ;' / Propeny-Ow;;er";;-Signalure (;I different than appifcanti Print Name StU)ut C'DS;.H0 }\?lJ~ <~~r.:cr: P-age'3 of 1 Rc\':sed .9r2'Q{~.J II I z o I I i~ u I I ......:l I~ .~ -< ~ P trJ o ......:l U F-c ~ ~ F-c trJ 5073 VIRGINIA BEACH BOULEVARD, LLC Agenda Item 13 Page 9 Item # 13 5073 Virginia Beach Boulevard, L.L.C. Discontinuance, closure and abandonment of a portion of Public right-of-way adjacent to 5073 Virginia Beach Boulevard District 2 Kempsville May 13,2009 CONSENT Joseph Strange The next matter is agenda item 13. This is for a discontinuance, closure and abandonment of a portion of public right-of-way adjacent to 5073 Virginia Beach Boulevard, District 2, Kempsville, wi th four conditions. Eddie Bourdon Again for the record, I'm Eddie Bourdon, a Virginia Beach attorney representing the applicant. We appreciate being on the consent agenda. The standard conditions contained in the evaluation are ~cceptable. Again, to answer an issue the applicant has purchased all the property. The previous street ,;losure has been done and this is a completely different issue, a very minor one. We appreciate bein,5 on the consent agenda. Thank you. Joseph Strange Thank you Eddie. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Henry Livas to review this item. Henry Livas: The applicant requests closure of a portion of an unimproved portion of the Euclid Road right-of-way. The total area requested for closure is 994.2 square feet. City Council approved a Conditional USI~ Permit on the property adjacent and to the south for a motor vehicle sales and rental business in December 2008. The unimproved right-of-way is proposed to be incorporated into the adjacent site. The Viewers met and determined that there will be no public inconvenience from the street closure request Therefore, we have concluded this closure request on our consent agenda. Joseph Strange: Thank you Henry. Madame Chair, I have a motion to approve item 13. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 13 for consent. 11 II I EXHIBIT "A" ~ "" 9 N!~ ~I! ~ ~ l ~ ;<~ il ~ l ~ ~. ,~ ,," ... ~~~ """"~""o~~~ t2!~ D-: ~ ~ -9~4!1 .11'. -"--. '" .~'" ~ -.tLl1 -v., D".... --tb-.. . It> . ~ -"Q . "4!1;~ % "'.ib~ ge~ =' . . 757.431.1041 _lII.5I:I___. CAD/cbk:MBR/ES STREET CLOSURE EXHIBlT OF 994.2 SQUARE FEET VIRGINIA BEAl!u BOULEVARD TO PARCEL 3-A PLAT RECORDED IN INST. NO. 200708111001113340. IN THE CLERIC'S OmCE OF THE CIRCUIT COutn'. VIRGINIA BEACH. VlRGINlA EUCLID PLACE . VIRGINIA BEACH. VIRGINIA For SCALE: 1" = 30' G07S VlRCINIA BEACH BL YD. LLC. FEBRUARY 28, 2009 CITY OF VIRGINIA BEACH. VA. F.B.943 P.27&31 PLAT: E-581 IN: 208-0321 1 APPLICATION OF 5073 VIRGINIA BEACH 2 BOULEVARD, L.L.C., FOR THE CLOSURE OF AN 3 UNIMPROVED PORTION OF EUCLID ROAD 4 ADJACENT TO 5073 VIRGINIA BEACH 5 BOULEVARD 6 7 "VHEREAS, 5073 Virginia Beach Boulevard, L.L.C. (the "Applicant") 8 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 9 described right-of-way discontinued, closed, and vacated; and 10 11 VVHEREAS, it is the judgment of the Council that said right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance; 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 16 Virginia Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described right-of-way be discontinued, closed and 21 vacated, subject to certain conditions being met on or before one (1) year from City 22 Council's adoption of this ordinance: 23 24 All that certain piece or parcel of land situate, lying and being 25 in the City of Virginia Beach, Virginia, designated and 26 described as "PROPOSED STREET CLOSURE (994.2 SF 27 OR 0.023 AC.)" shown as the shaded area on that certain 28 plat entitled: "STREET CLOSURE EXHIBIT OF 994.2 29 SQUARE FEET OF VIRGINIA BEACH BOULEVARD TO 30 PARCEL 3-A PLAT RECORDED IN INST. NO. 31 20070815001113340, IN THE CLERK'S OFFICE OF THE 32 CIRCUIT COURT, VIRGINIA BEACH, VIRGINIA EUCLID 33 PLACE VIRGINIA BEACH, VIRGINIA For 5073 VIRGINIA 34 BEACH BLVD. LLC", Scale: 1"=30', dated February 26, 35 2009, prepared by WPL, a copy of which is attached hereto 36 as Exhibit A. 37 38 39 40 41 42 43 44 GPIN: 1467-8Ei-8606-0000 1 , I l' I, 11 I 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination 51 regarding ownership of the underlying fee. The purchase price to be paid to the City 52 shall be determined according to the "Policy Regarding Purchase of City's Interest in 53 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy 54 are available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 60 3. The applicant shall verify that no private utilities exist within the 61 right-of-way proposed for closure. Preliminary comments from the utility companies 62 indicate that there is a gas main that crosses the area proposed for closure. If private 63 utilities do exist, the applicant shall provide easements satisfactory to the utility 64 companies. 65 66 4. Closure of the right-of-way shall be contingent upon compliance 67 with the above stated conditions within one (1) year of approval by City Council. If all 68 conditions noted above are not in compliance and the final plat is not approved within 69 one (1) year of the City Council vote to close the street, this approval will be considered 70 null and void. 71 72 SECTION III 73 74 1. If the preceding conditions are not fulfilled on or before June 22, 75 2010, this Ordinance will be deemed null and void without further action by the City 76 Council. 77 78 2. If all conditions are met on or before June 22, 2010, the date of final 79 closure is the date the street closure ordinance is recorded by the City Attorney. 80 81 3. In the event the City of Virginia Beach has any interest in the 82 underlying fee, the City Manager or his designee is authorized to execute whatever 83 documents, if any, that may be requested to convey such interest, provided said 84 documents are approved by the City Attorney's Office. 85 86 87 88 2 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 92 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 93 OF VIRGINIA BEACH as "Grantor" and 5073 VIRGINIA BEACH BOULEVARD, L.L.C., 94 as "Grantee." 95 96 Adopted by the Council of the City of Virginia Beach, Virginia, on this 97 day of ,2009. CA 10998 V:\appJications\citylawprod\cycom32\Wpdocs\D005\P005\00014738. DOC R-1 June 8, 2009 APPROVED AS TO CONTENT: ~ APPROVED AS TO LEGAL SUFFICIENCY: ,. . tu~ C} WVv1+wv City Attorney 3 MISSICtNARY TO HELP OTHERS MissionarY to Help Others M"o 1IJ:e t~'tale F ellowsh'lD Center .r 1111111. ~\~ \11oJ\' ";r.: "'I ~ ~ .1} ~s)~.-A ..,~ ~!E' ~~~.~ ~.rnr3I~~~ . Fl~l};m\:k~~ ' K ~ ...__~" ~ R ."5 ~. l;.']~ ~~<'n ~ :' ~~~~tb~~:;:1 ~ .. ~ llJ.!JJ!:~ 0";0 i~ ~ >~~. 71~~' ~l~ S J... 00 p ,,~O ~JfI,~! ","~"'D'~'" "-1) (l~, i r,J~' ,:;pY- ~ ~,I ~..:~~ ~~, ' ~ ~> 0, ~ ;: _I-~ 'IJ. l~"b I ~ iiii ~...., ~ ~~~I G 7~(R1B Yffl ~ l~ 7~~ ~~ I ~~r a t" IT ~~ r;a . h {J lfii&\ g" ~ ~~ . .~' ~~~ , ,u'~ p;f1J Qi 1\~:"~~ ~!l(':~' A .V;~ 1-1 D"-&~, .~ ~\If; 1t OJ> ~ ~~ ~~ ) 1-/' J. ~r-J ~IUlI ~ "" J' ~~~~ "~. 'f t ~:f ~,11~ ~ ~.~ .~%@ . I... ~~ ~~ tdl~h . ofJ' ~~ ~ ~ ~ iii f"' ~ s~ % j '. (' 'I::~'~ "'~~A/.::f~l&~~ ~e: ~ ~ c Kj~ .~~ <'\'" ~(-: lL . CI C! ~ " ~~ ~~ : V D a ~ 53' :l./ O"Jl:;3\ QJ . \' ~\ ~ CUP for Religious Use Relevant Information: · Rost! Hall District · The applicant requests a Conditional Use Permit to operate a religious facility within an existing shopping center. · The church has occupied the space since 1992, being unaware of the requirement for a Conditional Use Permit. · Two (2) adjacent suites within a retail building of approximately 30,707 square feet. The overall lease space for the proposed religious facility is 3,000 square feet. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · There was no opposition. · Conl;ent agenda II II I ~t ~%' '(11, r~} 0"', lit t\.~, ~,;.t l..:'\. ~"'" ...~..............~-'VI..J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER, Conditional Use Permit, church, 461 A-B South Lynnhaven Road. ROSE HALL DISTRICT. MEETING DATE: June 23, 2009 . Background: The applicant requests a Conditional Use Permit to operate a religious facility within an existing shopping center. The church has occupied the space since 1992, unaware of the requirement for a Conditional Use Permit. . Considerations: The applicant leases 3,000 square feet within two (2) adjacent suites of a 30,707 square foot retail building. The applicant holds religious services on Sunday, from 10:00 a.m. to 2:00 p.m.; Tuesday, from Noon to 1:00 p.m. and 7:30 p.m. to 10:00 p.m.; and Friday services are held from 7:30 p.m. to 10:00 p.m. Office hours are on Tuesday and Thursday from Noon to 1 :00 p.m. The church currently has 25 members and hopes to grow to a regular attendance of 50 members. The church is compatible with the other commercial and religious uses within the shopping center and will not negatively impact any neighboring properties. The church has been in operation at this location since 1992, and Staff has received no complaints regarding the use. The Zoning Ordinance requires ten (10) parking spaces for a church with 50 seats. The site plan depicts 144 spaces. Based on the fact that the proposed church has peak operational hours different from traditional business hours, staff finds that the site's 144 parking spaces located on-site are sufficient for this use, the commercial uses, and the other churches in the center. The proposed church use is located within an Air Installation Compatible Use Zone (AICUZ) of 70 to 75 dB DNL. Churches and related facilities are considered compatible; however, the applicant must ensure compliance with noise level reduction features as set forth in the Virginia uniform Statewide Building Code. There was no opposition to this request. MISSIONARY TO HELP OTHERS FELLOWSHIP Page 2 of 2 . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend approval to the City Council with the following conditions: 1. The number of individuals attending anyone service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Plann ing Department I Permits and Inspections Division and the Fire Depa rtment. The applicant shall obtain a Certificate of Occupancy for the chan~le of use from the Building Official. 3. This c:onditional use permit is valid for three (3) years. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepllrtmentlAgency: Planning Department i City Manager:<:::~ ~ ~~ t . \ ,\) , II REQUEST: Conditional Use Permit (religious facility) ADDRESS I DESCRIPTION: 461A and 461 B S. Lynnhaven Road II #2 May 13, 2009 Public Hearing APPLICANT: MISSIONARY TO HELP OTHERS FELLOWSHIP PROPERTY OWNER: J.L. HARRELL & ASSOCIA TES ST AFF PLANNER: Leslie Bonilla GPIN: 14961835640000 ELECTION DISTRICT: ROSE HALL SITE SIZE: AICUZ: Total Site: 2.9 acre site 70 to 75 dB DNL Unit Size: 3,000 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to operate a religious facility within an existing shopping center. The church has occupied the space since 1992, being unaware of the requirement for a Conditional Use Permit. The applicant leases two (2) adjacent suites within a retail building of approximately 30,707 square feet. The overall lease space for the proposed religious facility is 3,000 square feet. The applicant holds religious services on Sunday, from 10:00 a.m, to 2:00 p,m.; Tuesday, from Noon to 1 :00 p.m. and from 7:30 p.m. to 10:00 p,m.; and Friday services are held from 7:30 p.m. to 10:00 p.m. Office hours are on Tuesday and Thursday from Noon to 1 :00 p.m, The church currently has 25 members and hopes to grow to a regular attendance of 50 members. The submitted site plan indicates there are 144 parking spaces on the site. No additional landscaping, parking lot alterations or exterior building modifications are proposed. The proposed church use is located within an Air Installation Compatible Use Zone (AICUZ) of 70 to 75 dB DNL. Churches and related facilities are considered compatible; however, the applicant must ensure compliance with noise level reduction features as set forth in the Virginia uniform Statewide Building Code. MISSIONARY TO HELP OTHERS FELLOWSHIP CENtER Agenda Itetn 2 Page 1 LAND USE AND ZONING INFORMATION EXISTING lAND USE: Shopping center SURROUNDING lAND USE AND ZONING: North: · Single-family dwellings / R-7.5 Residential District · Vacant land / R-2.5 Residential District · Childcare center / B-2 Community Business District · Single-family dwellings / R-7.5 Residential District . South Lynnhaven Road · Across South Lynnhaven Road are multi-family dwellings / A-18 Apartment District · Single-family dwellings / R-7.5 Residential District South: East: West: NATURAL RI:SOURCE AND CULTURAL FEATURES: A portion of this property is located within the Chesapeake Bay Preservation Area. No new development is proposed. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN IMTP} / CAPITAL IMPROVEMENT PROGRAM ICIP}: South Lynnhaven Road at this location is a four-lane minor urban arterial roadway. It is not designated on the City's Master Transportation Plan, South Lynnhaven Road is not listed in the CIP to be upgraded. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume South Lynnhaven 19,400 ADT 1 22,800 ADT (Level of Existing Land Use L - 133 Road Service "D") ADT 3 Proposed Land Use - 30 ADT Weekday, 120 ADT Sunday 1 Average Daily Trips 2 as defined by 3,000 square feet of retail 3 as defined bv 3,000 souare foot church WATER: This site has multiple existing water meter(s) which may be used or upgraded. There is an 8-inch City water line, in South Lynnhaven Road, There is a variable diameter (4-inch to 6-inch) City water line located in a public easement on site. There is a 6-inch City water line in Carnegie Road. SEWER: This site currently connects to City sanitary sewer. There is an 8-inch City gravity sanitary sewer main in Carnegie Road. FIRE: The mclximum occupancy cannot exceed 50 persons unless a change of use is reviewed and approved by the Buildinq Official. MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER Agenda Item 2 Page 2 I, II I Recommendation: Staff recommends approval of this request with the conditions below, EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this area as part of the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. Evaluation: The church is compatible with the other commercial and religious uses within the shopping center and will not negatively impact any neighboring properties, The church has been in operation at this location since 1992, and Staff has received no complaints regarding the use. The Zoning Ordinance requires ten (10) parking spaces for a church with 50 seats. The site plan depicts 144 spaces, Based on the fact that the proposed church has peak operational hours different from traditional business hours. staff finds that the site's 144 parking spaces located on-site are sufficient for this use, the commercial uses, and the other churches in the center. CONDITIONS 1. The number of individuals attending anyone service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department I Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This conditional use permit is valid for three (3) years. 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. MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER Agenda Itern 2 Page 3 AERIAL OF SITE LOCATION MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER Agenda Item 2 Page 4 II I ,I , I / ,.....L _....._-...,,"',"'-.. ,I ......,~. ,/..., ~ '/""",1 , / -: l;. -":;;::' ."\:~-~~, -,/ " )~.. ,,~I )~" '" ~ ~, /,~ ~/ ',.~. ~~".,'\\'-::,' ""/" ~Y /( '- ~, "~')',"~ 1-$-<t- ("~/'''''' "", :> )~~,~~ ) "'" '" '\. > /'/ r~~",.. <;. / ~ ). --'" ,/' )./,,// .,j ',- '>', -,/ .....,,).~ ",;~/<,.../ ~. \'~"', '> '- ' . " 0: ~ "'\"' /' () $..'." ". / "',,~ . ./ "j ~"'" ~,/ ~" ,I' '1 , .V~.. '" '\., / ,:::,<, ".;/ l " <i'" ' " ,.' '~".'- '\., '. .' '.,,1 ~' '\ /' S ""N.;' "'<. / ' ~.. i ~~ ;.2 ;:0 t- f ~~.~ \ - , "'" , ....\ l .~~ ~ or \ . , i ~ \ , , ;aJ\ , ~ 3lf$ I i. r ilt ~._ 1\. "f ~ > 04 , !t 1 ;; g l \ ~ ~ 't'. ( ~ .~ J ~ - , __M_. .. , i; ti !<< ,- j i ~ i t '" O~:;~ "). ~ '-'> ~ ~ 'J~ " 1 \., It i ~ \ n~ 'W '- .",\'- ''tJl\ \~i .; ~ '} llif " i# . .~ ~ . . ,. .t >, '~ \ \ \ I I I I i ! / I I .< .,- i'S SITE PLAN SHOWING CHURCH LOCATION MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER Agenda Item 2 Page 5 PHOTOGRAPH OF LEASE SPACE & BUILDING MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER Agenda Item 2 Page 6 , I II I MissionarY to Help Others Moo 1!:f /!tale ~~ellowsh'l1J Center .:,~ ~.~~...,...::,~,-,~~~~ i,fl~D,~O~ ~ }) I ':JJ ~~' ~~ hl\\1_lJ',C]~/A'1 \ ~fiiJt~,7l~~~~<~ ~~~11 0& {PZ ~~~~~ '3~~' R-2.5 i'e 0 J:j-rth' .r~ Ni. If{"'~~' r~ ~~~~~ ~ {J 0 /} ~~~ V !!!!!'oo. ,,~'" - IU ..-~ l" ~:<t' 0 0 .?' 0 I-L ~ . ~. .....,~~V ~ ~ ~;::,- 0 I ~',~" L --'jii ffJ. ~.. ,Jl'~ 't ""iL OJ ~ ~ q I Q"'~ ~ [J, U~_j ~, ~ ~ 1U ~ ~ v ~ ~ -"~ 0 ii JJ/ r::r;J, J L{j,~ ~ffi~~ (I 8 L ~.L' " U"~- . ~ ): ~ [J .t IZJB ~ . iIt ~ g 'ZJ':~ ~ ~~ 0 7 b 0 ~..p:~ g ~.~~;~. ~j,-, I; · n; Uf ~ ~.\~-=- I-I Ir D' ~ ~~~~'"',~"~~ ~{}o" ~ ~ 1& f7W '#Yd'. 'I~ I~. 'f'~ ~ rf.. ~.!Q2 ~~)" ~ ~ ~~~~A'!; 31 1 t c \~. ~ s ~ \ ~ J,:J~~~ /~:7'~t>~~ ~~~ ~ ~ - ~\\ ~ ~,'1 ~~ ~ ~ fJ "')~~~ ~ ~ ) 1'\~ ~~':Vo d ~' :iiR~H@ ~~ A,"~ n . At.'" '\IE] I~ u fflJ . \" ~\\" ~ I-Ie - CUP for Religious Use 1# DATE DESCRIPTION ACTION 1 11-16-87 Conditional Use Permit (gas pumps) Denied 04-09-73 Conditional Use Permit (dancing with live entertainment) Granted 11-27-72 Conditional Use Permit (gas pumps) No Action Taken 02-13-67 Zonina Chanae Granted 2 02-01-88 Conditional Use Permit (gas pumps) Denied 3 08-11-98 Subdivision Variance Granted 4 06-12-07 Modification of Conditions Granted 02-26-02 Modification of Conditions Granted 07-03-01 Conditional Use Permit (self-storage facility) Granted ZONING HISTORY MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER Agenda Item 2 Page 7 If''"== ,~,_. . l DI$CLOSURE STATEMENT Ii , ~ APPLICANT DISCLOSURE !f trH~ appllc8r>! ,s a corporation partnershIp flIT:'" OUS!0eSS or ::::ther Jnircorporated orgs fnzatiOrl complete tne following 1.Ust tne appl1cant name foJlowed by the names of ail officers members, trustees. partners ate below: IAttach list if necessdryl ; I... , ; .'. <"" . ' '''''''''''~..' "':"i"'" ;""'//;1,,-.,[ ..-----f--.,..---..~..-...-.j -"",,,~-,+,- -L.s:.,.lL'r" ( C'" '. ~vn1fIJ[t'(<" I tlt~l'j,;&.r liu~;;. :,~<\'LFI(JL;,~ 2 L;M '311 b~sts"ifiat nave a parent-SUbSiC!isry' .?( aff'tlmtec ousmess entity. relationship with the apphcant: (Attach list ;f necessary) __,__,__""~"_~",---,,,,,,,,,--_,."",'N,'~-'-',,,~,_~,,,____~_,_~,~,~~_,",,,,""y",~,_~~,_",~"__~__,_,~_""__."v-,>'"",..".__._....-"..,,~,,,_.,~- o Check here 1f the appilcant IS NOT il corporation, partnership firm bUSiness, or Nher unJncorporated orgarm:ation PROPERTY OWNER DISCLOSURE C ..Jrrplete this sectn::m only if property owner is different from appitcant If thi~ property owner is a corporation partnership tirrr, business, or other umncoroorated organization complete the foHoWing 1. Lst the propertY owner name foHowed the names of ail officers members !-ustees. partners, ete below 'Attach if necess8ryn ;) 2 List a;' bUSinesses tMt haJEl a parent.subsidiari or affinsted b",$lness entity' fO!iatlonshlp with the applicant {Attach /lsl if neOOSSaf}! ~'_"_,^y~'-.-,,,_,_,w.~_~__,_,_~..~.~_......_..,_.~......~~.._'~'_~'~,w.w.,,,_,,~_._,,~~m.__~._~_,,.,,..,_._,,__,_c_,,,-.,.,_""_~"_H-YN>>''''''''~''_~'_A_~.~.." '__A' l -..-...,_..._. v _ .._.__...._',........._.__"._._~____...__,.___ [J Check here ,f the property owner is NOT a corporation partnership firm bUSiness u' other unmcolporated ofganzatioll ~&T SEe ~ ;;;ge for fO;;;~oles - Does an of!n:: ai N employee ot tn'? CIty of Beach have an Flterest m the sut'jl'ct and? Yes No --=-.__ if ,as "ihat is. the name cd t'1e ,.,flie al or employee and the '1ature of their irterest? ,; ~~ h:l'~"""} :;.\Of:kat<<>~~ P~e " ...~ f;;~?v~~~"" z o . I ;~ ~~ ~ s::::&-c ~ H ~ ~ ~ .)CI"::J t::J ~ ;0 I I f-c ~ <:> Coo:1 DISCLOSURE STATEMENT MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER Agenda Item 2 Page 8 z <=> I I ~ U I I ......:I ~ ea F-c ~ g: ~ CI':J ~ ~ <=> . I F-c I I Q Z <=> u II I ADDITIONAL DISCLOSURES Ust all known contractors or businesses that have or will provide services with respect to the requested property use includmg but not limited to the providers of archltectural services real estate services. financial services accountHlg services and legal services' \Attach list jf necessary) I ,... Parent<subsidl8ry relationship' means'a relationship that eXists when one corporation directly or tndirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See Stale and Local Govemrnel'it Conflict of Inlerests Act, Va Code ~:1 2-31Q1 "AoffHiated business enhly relalionship means'a relatIOnship, other than paIent- subsidiary relationship that eXists when ii} one busmess eoUty has a controlling ownership in1erest 111 the other business entJly , (ii} a controlling owner in one entity 1$ also a controlling owner in the other entity or (ill! there is shared management or control between the busmess entities Factors that shouid be con Sl(jered 10 determining the existence of an affihated busmess entity relationship Iflclude that the same person or substantlllllly the same person own or manage the two entities; there are common or commingled funds Of assets, the busmess entities share the use of the same offices Of employees or otherwise share actl'villes resources or personnel on a regular basis or there IS otherwise a close workmg relationship between the entities: See State and Local Government Conflict of Interests Act Va Code S 22.3101 CERTIFICATION: I certify that l!'1e InformeMn contlllne<! herein 1$ true and accurate ! wrderstand that upon receipt of notifIcation \posteal'dl that the application has been scheduled fer pub!K. hearing I am responSible for obtliurllng aoo posting the reqwrea sign en the subJee! property at leas! 30 daY1: prior to the sctleduted public hearing according to the instructions m this package The underSlgnea also consents to entnl upon the subject property hy emplOyees of HIe Departme!'lt of Piarning to pt1()tograph aoo view the site for purposes of processing and evaluating thiS application ! I f DISCLOSURE STATEMENT MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER Agenda Item 2 Page 9 Item #2 Missionary to Help Others Fellowship Center Conditional Use Permit 461 A/B South L ynnhaven Road District 3 Rose Hall May 13, 2009 CONSENT Joseph Strange: The next matter is agenda item 2. An application of Missionary to Help Others Fellowship Center for a Conditional Use Permit for a church on property located at 461 South Lynnhaven Road, District 3, Rose Hall, with three conditions. Is there a representative on this application? Paula Caudup: Hello. Janice Anderson: Welcome. Paula Caudup: I agree with them all. Joseph Strange: mate your name please. Paula Caudup: My name is Paula Caudup. Joseph Strange: Paula. Welcome. Are the conditions acceptable? Paula Caudup: Yes. Joseph Strange: Okay. Thank you very much. Paula Caudup: Thank you. Joseph Strange: ls there any opposition to this matter being placed on the consent agenda? If not, the Chair has asked Phil Russo to review this item. Philip Russo: Thank you Mr. Strange. The applicant requests a Conditional Use Permit to operate a religious facility within an existing shopping center. The church has occupied the present space sinee 1992 but was apparently unaware of the requirement for a Conditional Use Permit. The ovemll1ease for the space is approximately 3,000 square feet. The church is compatible with the other commercial and religious uses within the shopping center, and it has been determined l:hat it will not negatively impact any neighboring properties. The staff has received no com}:laints regarding the use, and also the staffhas found that the parking spaces on the side are sufficient for this use. Therefore, Planning has recommended approval of this application, and he Commission has decided to put this on the consent agenda. II II I Item #2 Missionary to Help Others Fellowship Center Page 2 Joseph Strange: Thank you Phil. Madame Chair, I have a motion to approve item 2. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KATSIAS AYE LIV AS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 2 for consent. BLESSI:D HOPE Map C-S Mop Not to Scole e::> o Relevant Information: Bayside District · The applicant requests a Conditional Use Permit for a church within a pOltion of an existing strip shopping center located on Baker Road. · Church services, Sunday school, and Bible study are all proposed at this location. An occasional community workshop and Friday evening service are also proposed. Community outreach activities include assistance with resume writing and application assistance. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0). · Therf! was no opposition. · ConSient agenda , I jl II II I I H~ 'a (>;;" ~O'l:';':'<:>:';;~) [", ',~I ~a', 1~~ \~,'; "if t:~"" ~~eF'" \..<:"~."~..<tY -"~t:.~..I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BLESSED HOPE CHRISTIAN CENTER, Conditional Use Permit, church, 5691 Weblin Drive. KEMPSVILLE DISTRICT. MEETING DATE: June 23, 2009 . Background: The applicant requests a Conditional Use Permit for a church within a portion of a strip shopping center located on Baker Road. The church has been in operation at this location and was not aware of the need for a Conditional Use Permit. No complaints regarding the church have been recorded in the past. . Considerations: Church services, Sunday school, and Bible study are all proposed at this location. An occasional community workshop and Friday evening service are also proposed. Community outreach activities include assistance with resume writing and application assistance. Most of the church's activities will occur opposite of normal business hours. The church membership is currently 45 but has a goal to grow to 70. With 45 seats, the Zoning Ordinance requires only nine (9) parking spaces, and with 70 seats, 14 parking spaces are required. It must be noted, however, that even though the church has a goal of 70 members, the final maximum occupancy is set by the Building Official's Office. When Staff visited the site in March 2009, there were numerous vacant parking spaces, demonstrating that ample parking is provided on site. Based on the uses currently in the building, as well as the fact that most of the church's activities occur opposite of normal business hours, parking is adequate. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend approval to the City Council with the following condition: A Final Certificate of Occupancy shall be obtained from the Building Official's Office within thirty (30) days of approval of this Use Permit. BLESSED HOPE CHRISTIAN CENTER Page 2 of 2 . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepClrtmentlAgency: Planning Department. " ~ ,'~ \ CilyManager:C~'::. \L. ~~ · I, Map C-S Mop Not to Scole REQUEST: Conditional Use Permit (church) ADDRESS I DESCRIPTION: 5691 Weblin Drive GPIN: 14681299430000 ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 3,0 acres total site AICUZ: Less than 65 dB DNL II I #6 May 13, 2009 Public Hearing APPLICANT: BLESSED HOPE CHRISTIAN CENTER PROPERTY OWNER: BANKS ENTERPRISES, LP STAFF PLANNER: Carolyn A.K. Smith SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a church within a portion of this existing strip shopping center located on Baker Road, Church services, Sunday school, and Bible study are all proposed at this location. An occasional community workshop and Friday evening service are also proposed, Community outreach activities include assistance with resume writing and application assistance, Most of the church's activities will occur opposite of normal business hours, There are no employees of the church at this time. The church membership is currently 45 but has a goal to grow to 70, With 45 seats, the Zoning Ordinance requires only nine (9) parking spaces, and with 70 seats, only 14 parking spaces are required. It must be noted, however, that even though the church has a goal of 70 members, the final maximum occupancy is set by the Building Official's Office. The applicant does not plan to make exterior alterations to the existing building. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Shopping center BLESSED HOPE CHRISTIAN CENTER / BANKS ENTERPRISES Agenda Item 6 Page 1 SURROUNDING LAND USE AND ZONING: North: . Weblin Drive · Office building / B-2 Community Business District · Office building / B-2 Community Business District · Townhomes / A-18 Apartment District . Baker Road · Apartments / A-18 Apartment District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is within the Chesapeake Bay watershed. It is almost entirely impervious, as it is a developed shopping center; therefore, no known significant environmental or cultural features are present. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Baker Road is considered a two-lane, minor arterial roadway. The MTP designates Baker Road as a four-lane undivided roadway with an ultimate right-of-way width of 97 feet. There is currently no CIP project scheduled for this segment of Baker Road. TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic Baker Road 13,525 ADT 13,600 ADT (Level of Existing Land Use 7_ Service "C") - 15,200 45 ADT ADT 1 (Level of Service Proposed Land Use 3 - "E") 16 ADT Weekday 66 ADT Sunday Average Daily Trips 2 as defined by typical 1,800 s.f, retail 3 as defined bv 1,800 s.f. church WATER & SEWER: This site is already connected to City water and sewer. Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehem:;ive Plan: The Comprehensive Plan designates this site as part of the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in thi~, area. In a general sense, the established type, size, and relationship of land use, both residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. BLESSED HOPE CHRISTIAN CENTER I BANKS ENTERPRISES Agenda Item 6 Page 2 I, II I Evaluation: Staff recommends approval of the Conditional Use Permit for the 1,800 square foot church currently with 45 members subject to the condition below. The church has been in operation for some time at this location and was not aware of the need for a Conditional Use Permit. No complaints or issues have been raised during Staff's review of the application. When Staff visited the site in March 2009, there were numerous vacant parking spaces, demonstrating that ample parking is provided on site, Based on the uses currently in the building as well as the fact that most of the church's activities occur opposite of normal business hours, parking is adequate. With church membership currently at 45, the Zoning Ordinance requires only nine (9) parking spaces. A'Conditional Use Permit was approved in 1997, for a church that occupied a 3,400 square foot unit within this shopping center in a different unit. That church is no longer in operation at this location. Three conditions were required by that approval: (1) services were limited to Sundays and Tuesdays; (2) the Conditional Use Permit was valid for only two years; and, (3) attendance was limited to 125 members and required allocation of at least 25 parking spaces. Opposition speakers at the Planning Commission hearing claimed that a parking problem existed on this site. The opposition was satisfied that limiting the services to Sundays and Tuesdays would solve the problem. No opposition was present at the City Council hearing, That request was for a church with almost three times as many members and in a unit nearly twice as big as this request. Staff concludes that this smaller church will not adversely impact surrounding residents and existing businesses in the shopping center, and, therefore, is supportive of the request. CONDITIONS 1, A Final Certificate of Occupancy shall be obtained from the Building Official's Office prior to occupancy. 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. BLESSED HOPE CHRISTIAN CENTER / BANKS ENTERPRISES Agenda Item 6 Page 3 OLt::SS"D \-lOPE C\-IRISil"N CENiER I B"N\<.S ENiERPRISE~ D <- <- />.genda It ell' page AERIAL Of SliE LOCAilON II ; " ~ \ \ '" \ \ ~\ ,\ \~ ~ ^" ~ CHURCH BU\\..O\NG SHOPPING CEN1ER LAYOUT BLESSED HOPE CHRISTI!'.'" CE",TER I B!'.",I<S E"'TERPRISE Agenda \teTO page BLESSED HOPE CHRISTIAN CENTER / BANKS ENTERPRISES Agenda Item 6 Page 6 , I Map C-5 Mop Not to Scole 0= o CUP for church 1 2 03/11/97 02/27/07 06/22/99 02/22/94 CUP church CUP (student dormitory) CUP (private school) CUP rivate school Granted Granted Granted Granted ZONING HISTORY BLESSED HOPE CHRISTIAN CENTER I BANKS ENTERPRISES Agenda Item 6 Page 7 SCLOSURE STATEMENT APPLICANT DISCLOSURE H trH,; apoltCant is d COqJOfdHOn flnn bUSIIlC':>S OUl, 'I org<JrH,'dtlOIl, complpte the loHoWHlg: 1 list th(~ applicant namn followed by the ndme~, of all Unlt;f"', il1fHnlJei''; tru',:," parnf'f's. etc below (Attach list If necessary! 2. t)LJSlne:>ses a pamnt,suf,sKllary or affilldt' 'U WJth the appllcdnt (Attach list If necossary) prHit..- o Chuck here It the applicant is NOT tl corporation, orh:r wllncorporated Ofgdniz6tlon in n PROPERTY OWNER DISCLOSURE thiS sectIOn jf property owner IS from if the owner IS a corporation !1m I !Hj"IPt'C,,, nr DHll:i unincurporalfld orgamzatlon complete UI(: follllwlng: 1 LIS1 the property owner name followed by the names of all memfH2i::. tn.iilacs partners ere b(~low: (Attach list if necessary) Bank t nterprv;os. a Gener al Partner shIp Mr', BI~jkenSnlp (;en-efHf 2. t'>l J I bUSinesses tflat thlvC' d With the L:ni1\ 01 ,dhL,J!' o Check t1am II the property owner I", NOT a DUSlni)',S, or other umncorporatl'd orqunlliltl1)r1 !Irm &. nt'Xl Pdq~'~ for D(je~, dl ofHoat 01 uf the of Bi'det, t)dVt:..m nleresl n) !lv' : lincE' Y P', No ve(~; vvh.;l( IS H1\.) rMme of lht' ()ffH;IJI Of ,H)!;l the nature uf Uhm Inh:fr:st' '1 ~ i-? ~ or z o . I ~ U I I ~ O. ~ F--c ~ ~ ~ r::.I':J ;:::> ~ o I << F--c ) . Q Z o u BLESSED HOPE CHRISTIAN CENTER / BANKS ENTERPRISES Agenda It~rn 6 Page 8 z o I I ~ U I I ~ ~ ~ f-4 ~ ~ ~ CI:J t::::J ~ o I I f-4 I I Q Z o u II ADDITIONAl.. DISCLOSURES Ust al! known contractors or businesses that have or WI!! provide services with respect to the requested property use incluomg but not jimlted to the providers of architectural seflllces fea! estate services fm8nClal services services and legal services (Attach Itst If necessary 1 a mlabrmship thaI e )(lsts when one more than 50 percent of the votmg local Government Conthel of hterests Act Va "PareoisubSI<:Ha.l'Y reiabonshlp meaos corpQrahon (hrect!y or Indirectly owns shares power 01 another corporatIOn 0 See State Code 1} 22<310' , Affiliated tfusmess !'lobty re!atJOnshlp means 'a relatlonslHp, other than parent- SUDMdlary relationstup. that eXIsts when (i) one busmess has a contro!hng ownersl'llp Interest in the ot~r busrness entlty HIi Ii comrolhng ow ner In one is also a comro!11flg own!:'!r frJ the other entity Of (III) lherels shared management or the busllless entilles Factors that Should 00 cons.~red 111 determimng the eXIstence of an affiliated buslrrass entity relationship lnclooe that the same person or 5ubstantia!1y the same person own or manage the two enllbes there are common or comrmngled funds or assets., the buSiness entitles share the use of the same offices Of or othllUW\Se share actWlties resources Qr persontlel on a regular baSIS. or there IS otherwise a clOse worKing relatIOnship between the entities' See State and ux:al Govemment Conflict 01 Inlerests Act Va Code ~ :2 :2 3101 CERTIfiCATION: I certify that the ff'lIOlmatlon COflta,ned herlllll1 is troo and accurale !wnrlerstand that upon rece'pt of flotlficatk.m !:hat the aWl1cath)11 has bmm scheduled lor plJbflC heanng I am rewonSlbie fer the requited Sign on ttle SlJb!ed al least 30 days pnor to the scheduled publiC to the Itlstrucllons ID this package HiW conSl\lrlts to entry upon the property by of the Dephrtment 01 to phct:1graph and vi&>N the s,te lor ptJrposes oj proces$,ng evabat,ng Ih,s applicabon J \.A<:Hmfl..M BLESSED HOPE CHRISTIAN CENTER I BANKS ENTERPRISES Agenda Item 6 Page 9 z o I ~ ~ u . t .....:I ~ ~ f-t ~ ~ ~ ;:::::> ~- z o J I f-t J I 52 o u ADDITIONAL DISCLOSURES L,st all kno\tm contractors or busHle:,<;e~, that f1dVC Dr to HIe propeny use Inc!urlinq but not i1inl ,>,,'tvlces. real L'stdte serVIce:, finallcw! s.erVH.:e<; ";(:rvIrCs. (AUdet! list If wrJr) H:',P'>(! uf drchltl'rturdl Pau"nt c,uthlclktrl{ en PONP! of dl1o\her cmpurdllon ' Cnde it ;>.3101 Illedtb d tlldl 1'1. O'J'JI'L, pO'>'i'! 'v;ltlq if C ! LiH') ", U See StatP and tocal C,iNttmlTh'll1 ((mille' A!fibltnl bU';HH!SS entity lela1l0rhnll) rnCtiln', a uHH't (Iun Di:1ren! f(.;latlonsrHp Hwt eXlsh \tihen \11 one bWAnrlSS ;onuoJnq nHme',;t In ttlC other bUSlnf,sS fmtlty \l1l a contro!hnq nvvm:t ,,1',(1 d (,nrHnilllml owner tn the othf'f "ntllY, 01 (III) there 15 shared or "omtul!Ji;'lwc+r blhIOf";,", entitles. FaclOlS thilt <;t'lould be con<;l(jefl'cl In dp!crmllllnq the; UXlste\\ (; dHHldte(j t{15mB'>s r>>j;ltlonsIHp roc/ud;:' th,lt till' ',dnlC ppr'AJI ur ''\'lbst.dntl ,I Y UK '"inK IA'r t, own Of m,:II1ugP Hll; tNO ontllips ttlde' diU I;OtlltflOI1 elf IOmm iunOS or me OUSlnP',,> entlhtl'1 "fldfp 11m use of the 'idHlfl olticc,> Of emf'!Oy"C'S or ulJ>rfY/h,' (,;lIe ';C1\\/<I](:'; f(.ourefrS or on it haw, Of thr.re I' 1)1 10'" between Hw ,'fjtllles See Stilte ini(j toe 11 ("W"'frHTh'nt C.Dnllll! (i! hteff''it', I\< r '/a Cotll 'n01 CERTIFICATION: I CHllify that tI1e mlnnndtmn ttmtdined he'"", undorctand fnar upnn fecelpt of nonflcatHlr1 q:hY,;!cmd) nul the dppi potiliC l1emnlj I leiponslDie tor otlU:mnq NKl pn"t:nQ th.. 'r1\! letc,l 30 an j', :L,' l1u{julmJ put', lie IV'lfII"j . ", dJ'lj,'f.,iqned dl"" , k,nh tfi upoo the ,<uOrel pmpurW ' r nq h,J tor p!.H p~"~ t~'" ~ {t,; ,p t" r r Jdrlh > "pph:anll BLESSED HOPE CHRISTIAN CENTER / BANKS ENTERPRISES Agenda Item 6 Page 1 0 II Item #6 Blessed Hope Christian Center Conditional Use Permit 5691 Weblin Drive District 2 Kempsville May 13, 2009 CONSENT Joseph Strange: The next matter is agenda item 6. An application of Blessed Hope Christian Center for a Conditional Use Permit for a church on property located at 5691 Web1in Drive, District 2, Kempsville, with two conditions. Pastor Huger D. Ford: Good afternoon. My name is Pastor Huger D. Ford, and I am in agreement with everything that has been stated. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Henry Livas to review this item. Henry Livas: The applicant requests a Conditional Use Permit for a church within a portion of this existing strip shopping center located on Baker Road. Most of the churches activities will occur opposite of normal business hours. The church current membership is 45 but has a goal to grow to 70. It must be noted however, that even though the church has a goal of 70, the final maximum occupancy is set by the Building Official's Office, as stated in Condition 1 also. The applicant does not plan to make exterior alterations to the existing building. Staff recommends approval of the Conditional Use Permit for 1,800 square foot church currently in the building with 45 members. Staff also concludes that this church will not adversely impact surrounding residents and existing businesses in the shopping center. Therefore, we recommend approval of this Conditional Use Permit and have included it on our consent agenda. Joseph Strange: Thank you Henry. Madame Chair, I have a motion to approve item 6. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE ABSENT 1 ABSENT Item #6 Blessed Hope Christian Center Page 2 RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 6 for consent. SOUTtll UNIVERSITY Me A." -- P.I 0 cur for Private College Relevant Information: · Lynnhaven District · The applicant requests a Conditional Use Permit for a private college withiin 31,000 square feet of a 97,000 square foot office building. · The proposed private college offers training courses and degree and certificate programs at both the undergraduate and post-graduate levels. · Antil:ipated enrollment in the school is up to 400 students, many of whom will be long distance and online training students. Evaluation and Recommendation: · Planning Staff recommended approval · Planning Commission recommends approval (10-0) · There was no opposition. · Com;ent agenda. I' II I I ~~" rC..tI~,:,.t;~-~:;. ~}Y:~, r~r '~! ::s~ m \\:C'~ ,/fj '(~~. '" ' ~5-' "'~~.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SOUTH UNIVERSITY BY EDUCATION MANAGEMENT CORPORATION, Conditional Use Permit public or private college or university, 301 Bendix Road. L YNNHAVEN DISTRICT. MEETING DATE: June 23, 2009 . Background: The applicant requests a Conditional Use Permit for a private college within 31,000 square feet of a 97,000 square foot office building currently under construction and very near to completion. The proposed private college offers training courses and degree and certificate programs at both the undergraduate and post-graduate levels. . Considerations: Anticipated enrollment in the school is up to 400 students; however, the majority of the students will be online as distance learning students. The school anticipates up to 25 employees, including instructors and administrators, who will not necessarily all be on the site at the same time. Parking will be located in an existing surface parking lot and a new parking garage. The proposal is consistent with the Comprehensive Plan's recommendations for this area. The educational facility will complement surrounding existing and future uses. Many of the students will be "distance learning" from off-site and will not utilize the surface parking spaces or spaces in the parking garage. Shared parking agreements are in place for all of the office buildings in this complex, which is known as "Convergence." A total of 1,050 spaces are required for the office buildings, and there are 1,063 spaces available. The Zoning Ordinance requires at least five (5) parking spaces for each classroom (55 spaces) while requiring one space per 270 square feet of office space (114 spaces), thus this proposed use will utilize far fewer parking spaces. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 with 1 abstention to recommend approval to the City Council. SOUTH UNIVERSITY BY EDUCATION MANAGEMENT CORPORATION Page 2 of 2 . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. I Submilling Dep"rbnentlAgency: Planning Department ; ~ City Manager. (~':, 'L ,~c-PL REQUEST: Conditional Use Permit (private university or college) ADDRESS I DESCRIPTION: 301 Bendix Road GPIN: 14777197440000 ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 31,000 square feet lease area AICUZ: Less than 65 dB DNL "I #7 May 13, 2009 Public Hearing APPLICANT: SOUTH UNIVERSITY BY EDUCA TION MANAGEMENT CORPORA TION PROPERTY OWNER: OLYMPIA BENDIX IV, LLC STAFF PLANNER: Carolyn A.K. Smith SUMMARY OF REQUEST The applicant requests a Conditional Use Permit for a private college within 31,000 square feet of a 97,000 square foot office building currently under construction and very near to completion. The proposed private college offers training courses and degree and certificate programs at both the undergraduate and post-graduate levels. Anticipated enrollment in the school is up to 400 students, many of whom will be long distance and online training students. The school anticipates up to 25 employees, including instructors and administrators, who will not necessarily all be on the site at the same time, Parking is provided by an existing surface parking lot and a new parking garage. On April 2, 2008, the Board of Zoning Appeals reviewed and approved a variance for the building under construction to allow 89 feet in height, as opposed to the maximum of 75 feet, and for a reduced rear yard setback of 15 feet instead of 35 feet as required by the Zoning Ordinance. The following are conditions of that approval: SOUTH UNIVERSITY I OLYMPIA Agenda Item 7 Page 1 1, The ~iubmitted site plan and architectural building elevations shall be substantially adhered to. 2, The dumpster shall be enclosed with a solid wall of materials in keeping with the proposed building (not just a wooden privacy fence). Evergreen plants shall be used to meet the landscaping requirements, LAND USE AND ZONING INFORMATION SURROUNDING lAND USE AND ZCiNING: North: EXISTING U~ND USE: Existing office building and an office building and parking garage under construction. South: East: West: NATURAL RI=SOURCE AND CULTURAL FEATURES: · Marsh, single-family dwellings / 0-2 Office District, R-7.5 Residential District . 1-264 . Vacant property, marsh / 0-2 Office District · Office building / 0-2 Office District A portion of the property is located in the 100-year floodplain; no land disturbance is proposed in that floodplain. The site is within the Chesapeake Bay watershed, specifically within the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area. The building and parking garage under construction are above the top-of-bank and within the landward 50 feet, the seaward 50 feet, and the variable width portions of the buffer. The Chesapeake Bay Preservation Area Board reviewed and approved the encroachment into the Resource Protection Area for the development currently under construction on April 28, 2008, The approval was subject to the following conditions: 1. A pre-construction meeting shall be convened with Civil Inspections prior to any land disturbance, inclusive of demolition. 2. Wire reinforced 36" erosion and sedimentation control measures (silt fences) shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established, 3, A heavy duty construction fence, acceptable to Civil Inspections, shall be installed along the aforementioned E & S controls and shall be maintained during all phases of construction. 4. Permanent and / or temporary soil stabilization as determined by staff shall be applied to all disturbed / denuded area(s) prior to a final bUilding inspection or certificate of occupancy. 5, Construction limits shall lie a maximum of 15' seaward of improvements, SOUTH UNIVERSITY / OLYMPIA Agenda Item 7 Page 2 II I 6. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 7, Storm water from existing and proposed impervious cover shall be conveyed to storm water management facilities. 8. As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program for additional impervious cover associated with the drive aisle and parking spaces, Said amount to be determined during site plan review, 9, Areas that are currently in a natural state, shall remain in a natural state to include the forest floor (leaf litter) left intact. 10, Buffer restoration shall be installed within turf for areas west of the outfall ditch and within the RPA. A maximum 5' wide turf zone is permitted adjacent to and seaward of the parking lot curb, The residual turf area shall be restored with organic material and augmented with shrubs, ornamental grasses, and trees. 11. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized area (forest floor), planting beds, and turf zones. 12. The conditions and approval associated with this variance are based on the site plan dated February 13, 2008 prepared by The Spectra Group, Inc. 13. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road is considered a four-lane minor arterial roadway. The MTP shows the road as an undivided right-of-way with an ultimate width of 70 feet. CIP project 2.208.000 Constitution Drive Extended is scheduled for this segment of Bonney Road which will widen the road and provide four (4) lanes along Constitution Drive from the intersection of Columbus Street and Virginia Beach Boulevard to Bonney Road, a distance of approximately 0,5 miles, SOUTH UNIVERSITY I OLYMPIA Agenda Item 7 Page 3 TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic Bonney Road 18,552 ADT 14,800 ADT 1 (Level of Existing Land Use l - 341 Service "C") - 27,400 ADT ADT 1 (Level of Service 3 Proposed Land Use - 852 "E") ADT Average Daily Trips 2 as defined by typical office use 3 as defined bv office use and 31,000 sJ, of orivate college loff-site learninn not considered\ WATER: Thi~i site is already connected to City water, The existing two-inch domestic meter and the fire meter can be used or upgraded. SEWER: City sanitary sewer is available. There is an existing eight-inch City sanitary sewer gravity main along Bendix Road, Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Compret'ensive Plan designates this site as part of the Primary Residential Area; however, it is just beyond StratE!gic Growth Area 4, which can be described as a mix of urban uses, planned for more intensive useB than most other areas of the city. Evaluation: The proposal is consistent with the Comprehensive Plan's recommendations for this area. The educational fclcility will complement surrounding existing and future uses. Many of the students will be "distance learning" from off-site and will not utilize the surface parking spaces or spaces in the parking garage, Shared parking agreements are in place for all of the office buildings in this complex, which is known as "Convergence." A total of 1,050 spaces are required for the office buildings, and there are 1,063 spaces available. The Zoning Ordinance requires at least five (5) parking spaces for each classroom while the parking requirement for office use is one space per 270 square feet, thus requiring far more park ng (55 spaces for the 11 classrooms verses 114 spaces necessary if used as office space). Traffic Engineering Staff notes that additional traffic generated by the college will not adversely impact the roadway as the hours of operation extend into the evening beyond regular business hours, classes will be held seven (7) days a week, and many of the students will be taking advantage of the online learning opportunity provided by the school. Staff is satisfied that the operation of a private university at this location will not negatively impact other businesses operating within the office park, and in fact, could possibly generate activity in this area after typical business hours, thereby benefitting nearby businesses. NOTE: 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. SOUTH UNIVERSITY / OLYMPIA Agenda Item 7 Page 4 , I "I AERIAL OF SITE LOCATION SOUTH UNIVERSITY / OLYMPIA Agenda Item 7 Page 5 NV1d 3lJS N 3ON3lJIj3JlNOO >":; ~ " ~ l::;!~~~;'~; ~ d~ ~ idt t ~h L! i;1 :; J I f , I, .I.S,' t" ;", , , .:: ' ", ;,"'. ~...;: :... ;" ~: i 7: r; >,:H iH ~p I~ ~ . 'f.' :: ~~.: ; i~ l'< ~:~~' d~ , ~ ;. : J ~ ~1!; !;.~- ,f, ... 1;; ~ ~' ~ .~ 1 ~r..:, ~I <:; .~ ff <Ii l' ;,(J $ '/ ,j)'t 1) 1> l ',~ ) g I'} ! 1 It I, I, I '\ / I ; I I I f ,;;--. ,I / . t ~I ;\C 1) ~ 1 o ~ '" .@ G '" '!) &'/ '''j '/ ; p ~~:!,~ ~ i~ :; I;:. ; ~ f t' ;h d ~ Hi i~! !... ! '~:' ;: ~ tU ~'! :. ~ td ll;;:t. -: ";; rh ~ :;H ~t~ " / ,.,' i i \ > ~ \ f,! ':! I C-" r-~j I .; i ~- ':'~ l.:. : ~;1 ./ , :> r' 11 J' " ~. ; ::; I;; , ~I I ( i . . ~ h;: ~". U ::~ ::~ ~i~ n ~~'~ -, ~F .,' e: ",' 15' "" ~i I Ii ri 1 / I I ! I 1-- -,----- ..... ,.,,,,JI ) , ,~~ Jt ~~ t 1. 1~~ t;~ it ~i; lit ~; ;: _ ~"'.t - ,.1 PROPOSED SITE PLAN SOUTH UNIVERSITY I OLYMPIA Agenda Item 7 Page 6 ! I II I CUP for Private College 1 02/08/05 Change of Zoning (0-2 to B-4C) Granted CUP (multi family dwellings, grocery store/carry out food store/convenience store) 2 03/10/98 Change of Zoning (0-1 to A-36) Granted CUP (senior housinq) 3 02/01/00 Street Closure Granted 4 02/22/00 CUP (church) Granted ZONING HISTORY SOUTH UNIVERSITY / OLYMPIA Agenda Item 7 Page 7 -=,=-;';"c~~~.;;.:.:.::.;.:.~~~. ..~~-~ LOSURE STATEMENT APPLICANT DISCLOSURE !f the appllcant is a corporation, partnership firm, business or other OI'ganlzHtlon, complete the followlog. 1 Ust the appHcant name followed by the names of an members, trustees. partHlfS, ete below: (Attach list if necessary} South Univet~ity cf Vitginia, Inc. ^_~'_~_,W'N'N"''''"'''''''''''___''~NW.''_'''',~__,_W___~''' .,,"_.....~______ 2 Ust all businesses that have a parent-subsidlary1 or affiliated business entlt1f relab::tt'1ship with the appHeant (Attach fist if necessary) S " Aft n i,1tol'$: See Check here if too applicant IS NOr a corporator; partnership flrm other l.lfHncorporated organizatlon PROPERTY OWNER DISCLOSURE Camp/eM ttus section only if property owner is different from !fthe prcperty owner is a corporation, partnership, firm, business or other unlncorp:>rated organization, complete the followmg '1 Ust ttlf3 property owner name followed by the names of af! officers, trustees partners, ate below: (Attach list if Olympia So rob< IV', l. LC ~,,~,._______.._...w____._______ ",'w~_,,",.,.,,'.,.-... 2 Ust all businesses that have a parent-subsidiary 1 or affiliated business ent1tt re!atl(~nshlp with the applicant fAtmch list if necossary) Ctleck here if the property owner 1$ NOT a corporatlOr1 busmess or other umnCOfPOfated organization firm ~ .~..H._."'.^.~^""'~___~~' ,s. " See' lOX! page tOf foptn;:Jtes Does an offiCial or employee of the City of Vlrgil1ls Beach have an interest In the land? Yes No if res, what Is the name of tho offlClal or employee and the nature of their interest? UtG: p~?r:.,,;,t Of z o >> c !;; U I I p~ ~ h '~ g: ~ ~ ~ o . I E--c . . Q Z o u SOUTH UNIVERSITY I OLYMPIA Agenda Item 7 Page 8 Z <:> . I ~ t; Ll;) J t I ::1 ~II ~ f-4 ~ ~ ~l ~ CI:J ;::::> ~ o I l f-4 J I c:::.l Z <:> u "I ADDITIONAL DISCLOSURES Lst all known contractors or bU$:!'1E;SSeS that have or wt!! pn:.r.ff(le selYH.':es With to the requested property use u"lcluding but Mt tlmlted to the prOYlderS of serVices, real estate selYices finanCial services, accounting servfCOS. and legal services: (Attach list if nocessary) Wolcott Rr..ers Gates 0Parent-sul;1lIdiory relationship. means "8 relationship that eXIsts when one Ct.'Irporation directfy or md,rectly owns snares possessing mor~ toW'! 50. peroont of the voting power of another corporation" See SU!te and local Government Conflict of inlerests I\Ct, Va Code S 2 2~3101 < "Affiliated business entity relationship. means "3 relationship, Otl1erthan parent~ subsidiary relationshq" that exists when (l) one buslnessentlty has 11 col'ltroll1ng ownership interest ll"l the other business entity (ill a controlling owner In one entity Is also a oontrolhng owner in lno other entity, Of (lil) there is shared management 01' control bet\veen the bUSIness entities Factors that should 00 con liildered In determining the existence of an affiliated blJsIM$$ entity relationship incl uncthal the same person or substantially the sarna person OW1l or the two entities; there are coml"l'lOflor commingled funds or oosets; the btlslMS$ snsl'e the U$C of the same offices or employees or otherwise share acti\ilties, resources or personnel on a regular basIs; or there is otherwise a close workmg relatroH$hlp betwoon the entitles' See State and Local (k:ivt:lmment Conflict 'Of Inlt:llestsA.ct. Va Code ~ CERnFICA TION: I rertlry that lne InlOlmalJcr contlillned herein Is true aM accurate I um:lerl>ttmd that, upon re~lpt of notfficatlo1'1 (postcard) that the applicallOO has beer sctledul~ for I ammapoo$lble for obtlilil'ling and poslll'19 the requll'OO on too subject property pi 30 jays prior to the SCheduled reanl'lj} accord:ng to the '0 ti'us package The ondll'signoo also consents ti,) entry.upo, the subject property by employoes of tM Department of Planning tO~~4h{,l.VreW'1h~'$ite for purposes ofprocesaing and evaluating thIs application i / ,//<'; SOUTH UNIVERSITY / OLYMPIA Agenda Item 7 Page 9 ,\llaclllm:ntl I. \pplkanf: \uttll1 I nlH',,,i1) ,.( \trgmm, Inl (Ifflccts!()jrcctors of Applicant: (:; in.',' tor...: ,hAm R. !\k"-cman. ,II' Eo\\urd It \\ C'\t John I. ....(.uth III ( .ffficl'rs: John 1 "(Hltl!.!ll ,>cot! { "rmil! I)omenh.: \laChl,,;e 1 Ix:\iH "-mtner [)onnda l'anl101Zt} Randal! J. Kllll."en Doun Patton Susan E~1inahan 2 Parent: -'omh [ nher..il), tl,( 4. 'l1f1C' b. \llm,He", 'Ct' Attll\;hment 2 11n.",idt'rJl \ P. Heal tstatC' \ in: Presidt'lll. of lax!.;\ ,ecreuu1 [ ,easurer ( Dllt,ollcr ,s"blant ( {)llln>lkr '\S\hllmi DISCLOSURE STATEMENT SOUTH UNIVERSITY / OLYMPIA Agenda Item 7 Page 10 "I \llm:lm1l.'l1t :~ DISCLOSURE STATEMENT SOUTH UNIVERSITY / OLYMPIA Agenda Item 7 Page 11 Ol)mphl Bendix. IV. Ltc 50"" DB!\' Partner", :200X 50" 0 owm'r,>hlp Bay Red! ("talt' Vt'ntuIcs, r I ( OBI\'. f'artners, 2008 ()Iympw h1\ e:-.llm:nl ' "lll" ,. V. CUld1\th, Jr., . Ill"" \ III son C \\ ;lhon - 11 1''', Chfliml \, ( uldmb' 10"" Bu) Shore Real Estate \ entun.'.., LtC Bay Shore!: nlcrprises, I I ( ~ "! 1" 0 0\\ nt~rSIHp [ll!1othj B & '\ Robt't'l!>on t luldrt'n '" 'r ruSI. 5oli" ownership Olympit! In\cstmcnt Corporation <. cell \. Pn:"H.km '\one . I"" \" Cuh:hm.., .99"" Olympi1l. Bendh,LLC 500 H ()HI\ flannel'S, "0'1 H Hal \ enl1lft'S. t I ( DISCLOSURE STATEMENT SOUTH UNIVERSITY I OLYMPIA Agenda Item 7 Page 12 II I Item #7 South University by Education Management Corporation Conditional Use Permit 301 Bendix Road District 5 L ynnhaven May 13,2009 CONSENT Joseph Strange: The next item is item 7. An application of South University by Education Management Corporation for a Conditional Use Permit for a public or private college on property located 301 Bendix Road, District 5, Lynnhaven. Les Watson: Madame Chair and members of the Planning Commission. My name is Les Watson. I'm a local attorney and I represent the applicant, and we appreciate being considered on the consent agenda. Joseph Strange: Okay. Thank you very much. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Kathy Katsias to review this item. Kathy Katsias: Thank you Joe. The applicant requests a Conditional Use Permit for a private college within 31,000 square feet of a 97,000 square foot office building which is currently under construction. The proposed college offers training courses, degree and certificate programs at both the undergraduate and post-graduate levels. Anticipated enrollment is approximately 400 students, many of them will be long distance and online training students. The proposal is consistent with the Comprehensive Plan's recommendation for the area. The educational facility will compliment surrounding and existing future uses. Staff recommends approval. We concur with staff; so, therefore we placed in on the consent agenda. Joseph Strange: Thank you Kathy. Madame Chair, I have a motion to approve item 7. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. Ronald Ripley: I'm going to abstain from item 7. I have ownership in a company that owns the property across the street from this location. Janice Anderson: Thank you. AYE 9 NAY 0 ABSl ABSENT 1 ANDERSON BERNAS CRABTREE HENLEY AYE AYE ABSENT AYE Item #7 South University by Education Management Corporation Page 2 HORSLEY KA TSIAS LIVAS REDMOND RIPLEY RUSSO .. STRANGE AYE AYE AYE AYE ABS AYE AYE Ed Weeden: By a vote of 9-0, with the abstention so noted, the Board has approved item 7 for consent. JAMES WOOTTON "Ialtles JJ/(}ottOI1 Broad BaV o ( tynn1lil?:t\ Boat [JOCK (,harH} hetwfc't.'n t\Hi property U\Vtii-'h' Relevant Information: · Lynrlhaven District · The i:lpplicant requests a Conditional Use Permit to allow cons,truction of extensions and a boatlift to an existing pier. · The pier is shared between two adjacent property owners within this singlle-family residential condominium development. · The proposed 5' x 12' pier extension encroaches into the required 15' side yard setback landward of mean low water. Evaluation and Recommendation: · Plan ning Staff recommended approval · Planning Commission recommends approval (10-0) · There was no opposition. · Comsent agenda. : I I' II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JIM WOOTTON, Conditional Use Permit, private boat dock, 1732 Lovetts Pond Lane. LYNNHAVEN DISTRICT. MEETING DATE: June 23, 2009 . Background: The applicant requests a Conditional Use Permit to allow construction of extensions and a boatlift to an existing pier, which is shared between two adjacent property owners within this single-family residential condominium development. The pier will be used by the applicant and his adjacent neighbor. Since the applicant's property is part of the Green Hill by the Bay Condominium Owners' Association, the modifications to the pier require a Use Permit, as the pier is situated on common property rather than the private property of a fee simple lot. The applicant informed the Condominium Owners' Association of the proposal, and the Association has granted permission for this request. . Considerations: The applicant's proposal consists of expansion of the existing pier. The proposed five foot by twelve foot (5' x 12') pier extension encroaches into the required 15' side yard setback landward of mean low water. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend approval to the City Council with the following conditions: 1. Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier extensions and boatlift. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "SITE PLAN - CONDITIONAL USE PERMIT PIER EXTENSIONS & BOA TUFT FOR JIM WOOTTON UNIT 18", prepared by Professional Construction Consultants, LLC, dated March 2,2009, or as JIM WOOTTON Page 2 of 2 modified as required by the JPA Permit. 3. No commercial use of the dock shall be permitted. . Attachmfitnts: Staff Revil~w and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended ~~ction: Staff recommends approval. Planning Commission recommends approval. Submitting DepilrtmentlAgency: Planning Department City Manager: '~ k ,~""'L I~ . , /W Ii II I James Woott01l #9 Hrn;;riilw May 13, 2009 Public Hearing APPLICANT AND PROPERTY OWNER: JAMES WOOTTON Ct.,}' fry (.pmniumt~, Bt\-H {)IJC;" ":-.h,,!(I\l,he";".'I't,'{: ~~...,) pr(ljk(t\. tW,rycr,) STAFF PLANNER: Karen Prochilo REQUEST: Conditional Use Permit (community boat dock shared between two property owners) ADDRESS I DESCRIPTION: Property located 1732 Lovetts Pond Lane, GPIN: 14997671071520 ELECTION DISTRICT: LYNN HAVEN SITE SIZE: AICUZ: Total condo site: Less than 65 dB DNL 934,211 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow construction of extensions and a boatlift to an existing pier, which is shared between two adjacent property owners within this single-family residential condominium development. The proposed five foot by twelve foot (5' x 12') pier extension encroaches into the required 15' side yard setback landward of mean low water. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Residentially developed parcel SURROUNDING LAND North: . USE AND ZONING: South: . East: . West: . Broad Bay Across Lovett's Pond Lane are single-family dwellings I R-20 Residential District Single-family dwellings / R-30 Residential District Single-family dwellings / R-20 Residential District JAMES WOOTTON Agenda Item 9 Page 1 NATURAL RIESOURCE AND CULTURAL FEATURES: The residential site is located within the Chesapeake Bay Watershed. IMPACT ON CITY SERVICES CITY SERVII:ES: This request for pier extensions and boatlift will have no significant impacts to City services, EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below, Evaluation: The applicant is proposing to expand the existing pier on the property at 1732 Lovetts Pond Lane. The pier will be used by the applicant and his adjacent neighbor. Since the applicant's property is part of the Green Hill by the Bay Condominium Owners' Association, the applicant informed the Condominium Owners' Association of the proposal, and the Association has granted permission for this request. CONDITIONS 1, Permits shall be secured from the appropriate regulatory agencies through the Joint Permit Application (JPA:, process prior to any development or construction of the pier extensions and boatlift. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitlod "SITE PLAN - CONDITIONAL USE PERMIT PIER EXTENSIONS & BOATLlFT FOR JIM WOOTTON UNIT 18", prepared by Professional Construction Consultants, LLC, dated March 2,2009, or as modified as required by the JPA Permit. 3. No commercial use of the dock 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 all appHcable City Codes and Standards. JAMES WOOTTON Agenda Item 9 Page 2 II I AERIAL OF SITE LOCATION JAMES WOOTTON Agenda Item 9 Page 3 BROAD BAY ~ ~ -... V //"'\.'Il~./~ / /' /" ~_. /'~ PIN (') 0218 54' 2J~\IEST OF LINE w ~5m u. 111 Wo..II1 "'0.... ~:r<o NO~"" O:r C1> ll. 0..~0\ <( W ... en - .., ~.....~~ ~ b - li!~ ~~~ ~t:. Zo ('oj z . )- $l~ tI'" .. wO zZ:ri ~~- ""0'" 155~ _Waf' o ::Ecn'" a..~I::'" <( ~!;:;g 3:;0'" ..J_ ~co .. z:N~ ....0.. -<.:l GPIN: 14H9 76 7107 1520 ZONING: R-20 tMG_~_Ill'; PllDnSSIO'w.. CONSTRUCTION CONSULTANTS, LLC. _, (757) ~ E_, ~ ~' ~ '? GRAPHIC SCALE o so' 100' .. - ~ I ," = 50' PROPOSED BOATUFT SCALE: '-=30' CO-APPUCANT JOHN BIRSCH 1736 I.OVETTS POND lANE GPIN: 1499 76 7107 1510 APO :3 N/F VIRGINIA H. MEREDITH 1740 1.00000S POND tANE GPIN; 1499 76 7107 2.300 a. a , ... .. i' ~ ., .'"' < en ~ ~ ~ ;~~c~li ~~g~~ l!i Q. ~ SITE PLAN - CONOmONAL USE PERMIT PIER EXTENSIONS & 80ATLlFT FOR JIM WOOnON UNIT 18 GREEN HILL BY THE BAY CONDOMINIUM (M.B. 2494 PG. 1767 D.S. 3658 PG. 960) MARCH 2. 2009 SHEET 1 OF 1 PROPOSED SITE PLAN JAMES WOOTTON Agenda Itern 9 Page 4 : I II I PHOTOGRAPH OF EXISTING PIER JAMES WOOTTON Agenda Item 9 Page 5 ,Tallies Wootton Broad Bay o CUP for Commu/lit~, Boat Doc,~ (shared between tlvo property owners) 1 11/25/03 01/05/87 08/02/82 11/10/98 01/18/82 Granted Denied Denied Granted Granted 2 3 ZONING HISTORY JAMES WOOTTON Agenda Item 9 Page 6 Ii DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm. business, or other unincorporated I 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 James Wootton I 2, List all businesses that have a parent-subsidiary 1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) I N/A I [lIcheck here if the applicant is NOTa 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) Green Hill By The Bay Condominium Association Cr<.A 14.& u fY\ .~- PR..t-';, Pt"i'\i T LAM::' T3 N- C:>L:r:_~~ 1 l'JtI A '.; i rr/r- it'tC(1 SU ':'L~ 2, List all businesses that have a parent-subsidiary 1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) I I DCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 " & ~ See next page for footnotes - - ...~-~~ ~'. _.....,- ~'m_", -- -- - ~...... _. ConditIOnal Use Perm,! Appilcahor, Page 9 o! 1() Rev,seQ 9! 1 12004 II I z o I I ~ C..) I I ~ ~ ~ E--t ~ ~ ~ ~ CI:} ;::::J ~ o I I E--4 I I ~ Z o C..) JAMES WOOTTON Agenda Item 9 Page 7 z o I I ~ t...;J I t ~ s::::t-. ea f-t ~ gJ ~ CI':) t:::J ~ o I I f-t I I ~ Z o u II DISCLOSURE STATEMENT 11 i ADDITIONAL DISCLOSURES i List all known contractors or businesses that have or will provide services with respect , I to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal ; services: (Attach list if necessary) i Professional Construction Consultants LLC East Bay Construction 1 "Parent-subsidiary relationship" means "a relationship that exists when one I 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 relationsllip, 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 0r 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, , I Code ~ 2.2-3101, I i I 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 i 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. I . \ ir:;:ztfH- -- --..;.' ",', " ,'~"":" ", ~_~~m__ Apphcal}f5qignature'......., . I/ / ? /' k ,.' / I~,.~..::.;::,. /./ / ...., ,.~~. , 4, /._.~ ~' ......,--.t......---.-.... pioJ%'rty 0 er's Signature (if different than applicant} I .., ,l: ',_" ~'\ ..;:' Print Name .. J ,/'>, -'" J....<t r. '/t.;tllc ... /*'" <.!.K:; ~ v' Pnnt Name Cond~honal Use Permit Appi~'cahon Page 't {} of1 0 ReVised 9;' ~ iZGG4 JAMES WOOT10N Agenda Item 9 Page 8 1,1 Item #9 J im Wootton Conditional Use Permit 1732 Lovetts Pond Lane District 5 L ynnhaven May 13,2009 CONSENT Joseph Strange: The next matter is agenda 9. An application of Jim Wootton for a Conditional Use Permit for a community boat dock on property located at 1732 Lovetts Pond Lane, District 5, Lynnhaven, with three conditions. Richard Bartlett: Good afternoon Madame Chairman and members of the Planning Commission. My name is Richard Bartlett. I'm here on behalf of the applicant Mr. Jim Wootton. Both Mr. Wootton, and myself, are in agreement with the staff's recommendations and conditions. Joseph Strange: Thank you very much. Richard Bartlett: Thank you. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Kathy Katsias to review this item. Kathy Katsias: Thank you Joe. This is a request for a Conditional Use Permit community boat dock shared between two property owners. The applicant is proposing to expand the existing pier on the property at 1732 Lovetts Pond Lane. The pier will be used by the applicant and his adjacent neighbor. Since the applicant's property is part ofthe Green Hill By the Bay Condominium Owners' Association, the applicant informed the Condominium Owners' Association of the proposal, and the Association has granted permission for this request. Staff recommends approval. We concur with staff. Therefore, we have placed it on the consent agenda. Joseph Strange: Thank you Kathy. Madame Chair, I have a motion to approve item 9. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE ABSENT 1 ABSENT Item #9 Jim Wootton Page 2 KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden; Bya vote of 10-0, the Board has approved item 9 for consent. , I INDOOt;t KARTING CENTERS CUP for Indoor Recreational Facility Relevant Information: · Rose Hall District · The applicant requests a Conditional Use Permit to allow use of the site f(J,r an Indoor Commercial Recreational Facility. The applicant proposes to convert the interior of the building into an indoor go-kart track. Evaluation and Recommendation: · Planniing Staff recommended approval · Planniing Commission recommends approval (11-0) · There was no opposition. · ConsE~nt agenda. II 1,1 I ~~~ ,r.l""'''"'''''",,,.~7''Ii,' fA' '~'f;?1 .rs;: ~'{" (u, /~, (". ,,;) t... /;$J ~'V' ~~y ~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: INDOOR KARTING CENTERS OF AMERICA, LLC I JLB PROPERTY ASSOCIATES, LLC, Conditional Use Permit indoor commercial recreational facility, 2736 North Mall Drive. ROSE HALL DISTRICT. MEETING DATE: June 23, 2009 . Background: The applicant requests a Conditional Use Permit to allow use of the site for an Indoor Commercial Recreational Facility. The applicant proposes to convert the interior of the building into an indoor go-kart track. The submitted physical survey depicts a 30,486 square foot building, 351 parking spaces, and 12 handicap-accessible parking spaces. Minimal landscaping exists on the site. The existing building, constructed in 1986 as a movie theater complex, is masonry. . Considerations: There will be 32 go-karts in the building, 20 adult karts and 12 junior karts. Children aged 8 to 15 must take a class before they can drive the junior karts. Parents will have to present photo identification and sign a waiver for children under the age of 16 to race. Individuals aged 16 and older drive the adult karts. Hours of operation will be Noon to 9:00 p.m. weekdays and Sundays, and Noon to 11:00 p.m. Fridays and Saturdays. The facility will be closed Mondays and Tuesdays. The karts are gas powered. Each kart has a catalytic converter system that reduces 98 percent of all emissions. The karts have California Air Resources Board (C.A.R.B.) certified Honda engines. The exhaust gas within the building is removed with a large air handling system that turns the air in the building over six (6) times an hour and that meets Code requirements for this use. The same system and air turnover is in place in the applicant's Richmond facility. The exhaust system is used any time the building is in operation. It is designed by a mechanical engineer for exhaust gas removal at the floor level. The facility will be monitored quarterly by a private consultant for air quality, just as the facility in Richmond is monitored. In seven years, the applicants have had no issues, no high readings, and no problems with monitoring or carbon monoxide (CO) in the Richmond building. I I INDOOR KARTING CENTERS OF AMERICA, L.L.C. Page 2 of 2 The request is consistent with the recommendations of the Comprehensive Plan for the area, and also with the AICUZ-compatible uses listed in the City Zoning Ordinance, Article 18, Special Regulations in Air Installations Compatible Use Zones. Redevelopment of the building into an indoor go-kart facility is compatible with the Burrounding retail and office uses. There WclS no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0 to recommend approval to the City Council with the following conditions: 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections division of the Planning Department and the Fire Depaltment. No business license shall be issued until the applicant has received a Certificate of Occupancy from the Building Official. 2. The applicant shall fe-stripe the parking lot to accommodate a minimum of 351 parking spaces. 3. The applicant shall submit a landscaping plan for the parking lot, perimeter of the building, and the perimeter of the site. The applicant shall work with the Current Planning staff of the Planning Department to determine the appropriate location of the plants. 4. The site is limited to building signage as permitted in the City Zoning Ordinance, Article 9, Section 905. 5. If the Hpplicant paints the building, the paint colors may only be earth-toned colors.. Accents, limited to 10 percent of the exterior wall area, may be the colors of the applicant's logo. . AttachmEtnts: Staff ReviE~w and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended A.ction: Staff recommends approval. Planning Commission recommends approval. Submitting Depa.rtmentlAgency: Planning Department I \ l ~ City Manager:~~ k ~~ 'y . REQUEST: Conditional Use Permit (Indoor Commercial Recreational Facility) ADDRESS I DESCRIPTION: 2738 North Mall Drive GPIN: 14963700960000 ELECTION DISTRICT: 3 - ROSE HALL II I #2 June 13, 2009 Public Hearing APPLICANT: INDOOR KARTING CENTERS OF AMERICA, L.L.C. PROPERTY OWNER: JLB PROPERTY ASSOCIA TES, L.L.C. STAFF PLANNER: Faith Christie SITE SIZE: 4.43 acres AICUZ: Greater than 75dB Ldn and Accident Potential Zone 2 (APZ-2). SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of the site for an Indoor Commercial Recreational Facility. The applicant proposes to convert the interior of the building into an indoor go-kart track. There will be 32 go-karts in the building, 20 adult karts and 12 junior karts. Children aged 8 to 15 must take a class before they can drive the junior karts. Parents will have to present photo identification and sign a waiver for children under the age of 16 to race. Individuals aged 16 and older drive the adult karts, Hours of operation will be Noon to 9:00 p.m, weekdays and Sundays, and Noon to 11 :00 p.m. Fridays and Saturdays. The facility will be closed Mondays and Tuesdays. The karts are gas powered. Each kart has a catalytic converter system that reduces 98 percent of all emissions. The karts have California Air Resources Board (CAR.B.) certified Honda engines. The exhaust gas within the building is removed with a large air handling system that turns the air in the building over six (6) times an hour and that meets Code requirements for this use. The same system and air turnover is in place in the applicant's Richmond facility. The exhaust system is used any time the INDOOR KARTING CENTERS OF AMERICA, lLC Agenda Item 2 Page 1 building is in operation. It is designed by a mechanical engineer for exhaust gas removal at the floor level. The facility will be monitored quarterly by a private consultant for air quality, just as the facility in Richmond is monitored. In seven years, the applicants have had no issues, no high readings, and no problems with monitoring or carbon monoxide (CO) in the Richmond building. Gasoline storage is in nine (9) five-gallon safety cans stored in an Underwriters Laboratory (UL) approved fire rated cabinet. An Underwriters Laboratory approved transfer tank with a grounding strap is used for kart fueling. This tank holds 28 gallons of gasoline. Each adult kart holds 9 liters of gasoline and each junior kart holds 4 liters of gasoline. The submitted physical survey depicts a 30,486 square foot building, 351 parking spaces, and 12 handicap-accessible parking spaces. Minimal landscaping exists on the site, The existing building, constructed ill 1986, is masonry, LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant building (former AMC Movie Theaters at Lynnhaven Mall) SURROUNDIING LAND USE AND ZONING: North: South: East: West: · Shopping Center / B-2 Community Business · Shopping Center / B-2 Community Business · Shopping Center / B-2 Community Business · Vacant parcel / B-2 Community Business NATURAL RIESOURCE AND CULTURAL FEATURES: The majority of the site is covered by the building and parking areas. There are no known significant natural resources or cultural features associated with the site, IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): South Lynnhaven Road near this site is a four-lane minor urban arterial roadway. It is not designated on the Master Transportation Plan and is not listed in the Capital Improvement Program to be upgraded. Lynnhaven Parkway in the vicinity of the site is a six-lane major urban arterial. There is currently a roadway widening projl~ct to widen Lynnhaven Parkway to six lanes from Lishelle Place to Holland Road, TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume South Lynnhaven 16,900 ADT 22,800 ADT 1 Existing Land Use;! - 2,787 Road ADT(162 p.m. peak hour trips; 367 Friday p.m. peak INDOOR KARTING CENTERS OF AMERICA, LLC Agenda Item 2 Page 2 II I . Lynnhaven hour trips) Parkway 40,000 ADT 1 42,100 ADT 1 Proposed Land Use 3 - 1,020 ADT (102 p,m, peak hour trips) Average Daily Trips 2 as defined by an eight-screen movie theater 3 as defined by a 30,500 souare foot recreational facility WATER: The site has existing water tap which may be used or upgraded, There is a10-inch City waterline in a variable width Public Utility easement and a 12-inch City water line in South Lynnhaven Road. SEWER: The site is connected to City sewer, The applicant must provide an analysis of Pump Station #513 and the sanitary sewer collection system to ensure future flows can be accommodated, There is a 12-inch City gravity sanitary sewer in a variable width Public Utility easement. FIRE: The Mechanical Inspections section of Permits and Inspections will review the exhaust system and issue the necessary permits. The maximum amount of flammable liquid, when stored in a UL-rated cabinet, is 60 gallons, which is also the building maximum for use and storage, This may be increased 100% if the building has a fire sprinkler system, Recommendation: Staff recommends approval of this request with the conditions below, EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan recognizes this site to be within Strategic Growth Area 9, West Oceana Area. The West Oceana Area is generally bound by London Bridge Road, Lynnhaven Creek and South Lynnhaven Road, It includes Lynnhaven Mall, surrounding retail and office complexes and West Oceana Industrial Park. All of this area is inside the Air Installations Compatible Use Zones (AICUZ) high noise zone. Low intensity uses that conform to AICUZ provisions are suitable for the area. Evaluation: The request complies with the recommendations of the Comprehensive Plan for the area, and also with the AICUZ-compatible uses listed in the City Zoning Ordinance, Article 18, Special Regulations in Air Installations Compatible Use Zones. Redevelopment of the building into an indoor go-kart facility is compatible with the surrounding retail and office uses, Therefore staff recommends approval of the request subject to the following conditions, CONDITIONS 1, The applicant shall obtain all necessary permits and inspections from the Permits and Inspections division of the Planning Department and the Fire Department. No business license shall be issued until the applicant has received a Certificate of Occupancy from the Building Official. INDOOR KARTING CENTERS OF AMERICA, LLC Agenda Itepl 2 Page 3 2. The applicant shall re-stripe the parking lot to accommodate a minimum of 351 parking spaces. 3. The applicant shall submit a landscaping plan for the parking lot, perimeter of the building, and the perimeter of the site, The applicant shall work with the Current Planning staff of the Planning Depcrtment to determine the appropriate location of the plants. 4, The Bite is limited to building signage as permitted in the City Zoning Ordinance, Article 9, Section 905, 5, If the applicant paints the building, the paint colors may only be earth-toned colors, Accents, limited to 10 pElrcent of the exterior wall area, may be the colors of the applicant's logo, 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. INDOOR KARTING CENTERS OF AMERICA, I-LC Agenda Item 2 Page 4 : I " 1,1 I AERIAL OF SITE LOCATION INDOOR KARTING CENTERS OF AMERICA, LLC Agenda Item 2 Page 5 xr x :r .~.'* "". . "':'..'~ .jI""",:,'l'::' """" ,~ PHYSICAL SURVEY INDOOR KARTING CENTERS OF AMERICA, LLC Agenda It~m 2 Page 6 ; I II 1,1 I EXISTING BUILDING INDOOR KARTING CENTERS OF AMERICA,lLC Agenda Item 2 Page 7 1. 2. 3. 6/~~ 1/79 2/~~6/02 7 /~l/O 1 6/~~3/92 CUP for Indoor Recreational Facility Rezonin 0-1 Office to B-2 Business Modification of Conditions Conditional Use Permit self-stora e Conditional Use Permit (motor vehicle rental ZONING HISTORY INDOOR KARTING CENTERS OF AMERICA, LLC Agenda ItefTI 2 Page 8 ISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnershIp, firm, business, or other unincorporated organization, complete the following: 1, Ust U'\e applicant name followed by the names of all officers, members, trustees, partners, ete below: (Attach list if necessary) Jack Woodfin, Managing Member 2, List aE bustnesses that have a parent-subsidiaryl or affiHated business entity" relationship with the applicant: (Attach list if necessary) Woodfin Heating, parent company 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, Ust the property owner name followed by the names of all officers, members, trustees, partners, ete, below: (Attach list if necessary) JLB Property Associates, LLC; Larry R. Hill, Managing Member 2, List all businesses that have a parent-subsidiaryl or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NfA o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1'-~-2--~~~'~-~. & Sae next page tor footnotes Does an offICial or employee of the City 01 Virginia Beach have an interest in the subject land? Yes_m No ~ If yes, what IS the name of the official or employee and the nature of their mterest? COfl(t:thmal UtHt PonnJ Applic&k':>t PageScf ld RlJ\>lSOO t'1;~fi200S II I Z <:> J I ~ U ) I ~ f-I ~ s:.:I ~ ~ t=) ~ <:> I . f-I ) I Q Z <:> u INDOOR KARTING CENTERS OF AMERICA, lLC Agenda Itern 2 Page 9 Z <:> I I ~ ~ : ; ,-.. ea E--t ~ ~~ ~ ~ ~ <:> I I E--t ~ c: ~ c..;) ~ DISCLOSURE STATEME ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not lfmited to the providers of architectural services. real estate services. financial services, accounting services. and legal services: (Attach list if necessary) ---"~~~_.,--.,,'---,...,-",.--_.'~......,,_.._~..~----~... Tri rE' Architect.. ~,A-::-G++4-t...e.e.t4H"a~vt Cf?9---~----- 1'r~llll-Ulal1 S.H1QQCIO Lt.? Lc ~-S€'1:'~~--'-'--'--'----,-,---, ~_R:Lcha.rd.so.n-R.ei1_L.. E s r Cl t- e - R p Cl) F, <;: tat f'__~e..t:~e.~1Lic.as eB Richard Ellis - Real Estate Brokera]& services ,q."....,...,,_. _. . "Parent-subsidiary relationship" means *8 relationShip that exists when one corporation directly or indirectly owns shares possess!llg more than 50 percent of the voting power of another corporation. See State and local Government Contnct of Interests Act, Va. Code S 2.2-3101 } "Affiliated business entity relationship" means "a relationship. other than parent- subsidiary relationship, that eXists when (I) one business entity has a controHmg ownership interest in the other busmess entity, (Hi a controlling owner In one entfty is also a controlling owner m 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 busmess entity relationship meluda that the same person or substantially the same person own or manage the two entIties: there are common or commingled funds Of 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 containea herem is true and accurate. I under&tand that upon receipt of notlf!cat!on (postcardllhat the appHcatlO11 has Men schoouled for pubhe heanng. ! am responSIble for obtaming and postll'lg tile requm,d sign on the subJeCf property at leas! 30 da)t!; prior to the scheduled pubHe hearing according to the instructions ,n this package, The undersigned also consents to upon Ihe subject property by employees of the Department of Plann\r.glrr~t 51te for purposes of pror:€ss'ng and evalualing thiS apphcatl(}H. ...,.~.u~~~:S..__ Print Name t APZ- INDOOR KARTING CENTERS OF AMERICA.J".LC Agenda Item 2 Page 1 0 II Item #2 Indoor Karting Centers of America, L.L.c. Conditional Use Permit 2736 North Mall Drive District 3 Rose Hall June 10,2009 CONSENT Joseph Strange: The next matter is agenda item 2. It's an application of Indoor Karting Centers of America, L.L.C. for a Conditional Use Permit for an indoor commercial recreational facility on property located at 2736 North Mall Drive, District 3, Rose Hall, with five (5) conditions. RJ. Nutter: Yes sir. Thank you very much Mr. Strange. Madame Chairwoman and members of the Commission, for the record, my name is R.J. Nutter. I'm here today representing Indoor Karting. All the conditions are acceptable. We really appreciate being placed on consent. We look forward to getting this company up and operating in Virginia Beach, and I certainly do appreciate working with the Commission. Joseph Strange: Thank you RJ. RJ. Nutter: Yes sir. Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has Gene Crabtree to review this item. Eugene Crabtree: This building, which is in North Lynnhaven Mall area, has been empty for a number of years. It was a previous movie theater. The new theaters were built in the area, and this was closed down, and consequently it has been out of use for some time. The applicant proposes to have an indoor recreational facility that is going to have 32 go-karts. They are gasoline operated. There will be ten (10) karts that will run on the track at anyone time. Any minors that are using the karts, that are racing, must take a training program. It must be approved, and must sign waivers before they are allowed to drive any of the karts. The karts are gasoline operated, but they have very strict emission controls. The building itself has a air turnover system that prevents any carbon monoxide buildup or anything that would create a health hazard in order to be able to operate in a safe matter. The vehicles themselves and the engines and all, as I say, are very restrictive, as far as the way they run, and as far as the emissions are concerned. The gasoline to run these engines are going to be stored in approved containers that will be locked in a safe area so there will not fire hazard from that. And consequently with all of these things being met, the staffhas recommend approval of this. By the way, the noise will not be heard outside the building. As far as noise is concerned, it should not be of any concern to the neighborhood whatsoever. In fact it will be far less noisy than the F-18s that go over that particular thing in a direct path. So, consequently there should not be any problem with noise, since all of these conditions have been met, then we put it on the consent agenda. Item #2 Indoor Karting Centers of America, L.L.c. Page 2 Joseph Strange: Thank you Gene. Madame Chairman, I make a motion to approve agenda item 2. Janice Anderson: A motion by Joe Strange. Eugene Crabtree: I'll second it. Janice Anderson: A second by Gene Crabtree. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 2 for consent. 1,1 - 50- Item K.3. ITEM # 57215 (Continued) PLANNING Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 8. 2008 , I - 49- Item K.3. ITEM # 57215 PLANNING Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance UpCln application of HOPE LUTHERAN CHURCH for a Conditional Use Permit re a columbarium. ORDINANCE UPON APPLICATION OF HOPE LUTHERAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A COLUMBARIUM ROI0834254 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hope Lutheran Church for a Conditional Use Permit for a columbarium on property located at 5350 Providence Road (GPIN 1466355165), DISTRICT 2 -KEMPSVILLE The following conditions shall be required: 1. The location of the Columbarium shall be limited to that shown on the submitted plan, which has been exhibited to the City Council and is onfile in the Planning Department. 2, Thc~ Columbarium walls shall complement the exterior building materials, in respect to color and material, of the existing church, and shall be substantially in c01'iformance with the drawing entitled, "Columbarium Unit - Hope Lutheran Ch',lrch ". 3. A certificate or letter of approval shall be obtainedfrom the Virginia Department of Health as to conformity with its regulations, indicating that there is no danger of cor.tamination of groundwater where remains are scattered This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of January Two Thousand Eight Januarv 8.2008 I I HOPE I.UTHERAN Mao ~~PtPS~"le The Hope Lutheran Church -~~.:;~~ ~~'~GbEt l)!~ Wl8/jD~/ R-7.5 ~~~' 16 Il:' ~<.(l, "7i'I>>: ~ -,..::/ ~ ~r,;"" ~ a ~ fl'/I~oo ';;r-.t,. '-'r::;J ~~I t'? L, C\ ~O~1 A. ,~'[l/II 'tJo tj.. tl .,.. ..... R-75 I ~~~~R]~' ,->o"I~~~~c( ~ 'G:"'c, ~ ~~ h D:~~ fl,O~~ ~ bll ~.,~.~ ~ -" ~.. lZJ(:;;J:::~ ~~ ol'~1Z ~~~ ~~ .~' ';!~OR -~ ~ ;~ 'n "\ ,,\V"'! '\) -Il,t,,- '"-- L--J c ~. ~~~ .:: ~ "5'~ .' \&.,~~ ;, j D( IR:\L.J frS;~j ~A"""'" -=>" ~ -::;~ =::::= ~ -- ~ J1rOP2 J ~....:.:P"~~ ~ ~ ~ r ~ c:iR1~~~~~~ ~-hl!l n' ~d~@9 J).,.''I) l~...r ~~~Ef!..fJ,- - (q) ~~~Jl.. \' .. j ~O =- ....s.iIIJ..' ~ lr ~.:- ~ " uoe ~I~I ,,. G\ .,0.\0 VI- ,,-~ Ir~~ ~ · o.Al~ 6~~~ ,,'(<;~!Q" .;. · . ,c::::n~ Jl!:\ . ~.- ~ 0 0 D ~,,~~ -r~ "'b; h. ~7--~' ~~~\~~ ~'\l~ V~~ ~ ~ ~ H ~~~r7; Modification of Conditions Relevant Information: · Kern psville District · The applicant desires to modify a 1994 Conditional Use Permit to allow an addition to the building: · 10,400 square foot educational and youth wing · Future 5,000 square foot addition to the educational and youth wing · Future 40' x 100' concrete picnic area and shelter · A 20' x 40' shed, and · An approximately 7,500 square foot future addition to the sanctuary. The new sanctuary will house 370 to 400 seats. Evaluation and Recommendation: · Planl1ing Staff recommended approval · Planning Commission recommends approval (10-0) · Therl~ was no opposition. · COn!:.ent Agenda I, 1,1 ........ .-@ .~ ~,l>:'..".~l f",,',' ","~! 8:; 1" 1:1 (U; ,5'> \~J::~~, ,;J~~!I ~, ::k_~'t*<<\,... jJ ~~~"" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE HOPE LUTHERAN CHURCH, Modification of Conditions, approved by City Council on January 8, 2008, to expand the church and for child care education, 5350 Providence Road. KEMPSVILLE DISTRICT. MEETING DATE: June 23, 2009 . Background: A Conditional Use Permit allowing a church was approved by City Council on May 15, 1978 with four (4) conditions. In 1989, 1994,2003, and 2008, Conditional Use Permits for two (2) church expansions, a modular addition, and a columbarium, respectively, were granted. Conditions regarding landscaping, stormwater management, and site improvements were attached to the Conditional Use Permits. All conditions have been met. The applicant desires to modify the Conditional Use Permit for a church expansion and to add child care education. . Considerations: The proposed expansion will include a 10,400 square foot educational and youth wing, consisting of classrooms and an assembly space. Also planned is a future 5,000 square foot addition to the educational and youth wing, a future 40-foot by 100-foot (40' x 100') concrete picnic area and shelter, a 20-foot by 40-foot (20' x 40') shed, and a 7,500 square foot future addition to the sanctuary. The new sanctuary will house 370 to 400 seats. Child education and child care programs are offered Mondays through Fridays and include a day-care, pre-school, and before and after school programs. Hours of operation for the day care are from 8:00 a.m. to 5:30 p.m. Pre-school hours are from 8:30 a.m. to 3:30 p.m. Before school programs start at 8:00 a.m., and after school programs end at 5:30 p.m. The applicant has agreed to install three (3) additional trees east of the future sanctuary and two (2) additional trees west of the future sanctuary in order to provide an enhanced buffer between the proposed additions and the surrounding community. Although Providence Road is currently over capacity, Staff finds that churches are good uses adjacent to such roads, because churches have peak traffic hours different than traditional businesses. Staff, however, is THE HOPE LUTHERAN CHURCH Page 2 of 3 recommf:!nding a condition concerning possible relocation of the access points that may be necessary due to detailed site plan review. In summary, the proposal is in conformance with the Comprehensive Plan's recommBndations for this area, and the exterior building materials used reflect the materials used on the existing church and surrounding residential neighborhood adjacent to this property. There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend approval to the City Council with the following conditions: 1. All conditions attached to the Conditional Use Permits granted by the City Council on May 15, 1978, July 3, 1989, and January 8,2008 remain in effect. 2. All conditions with the exception of Number 1 attached to the Conditional Use Perm it granted by the City Council on March 22, 1994 remain in effect. 3. Cond ition Number 1 of the March 22, 1994 Conditional Use Permit is deleted and f4:!placed with the following: a. The site shall be developed in substantial conformance with the submitted site plan entitled "Exhibit to Accompany Conditional Use Permit for 5350 Providence Road; Hope Lutheran Church", prepared by Site Improvements and dated February 2, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. b. Modifications to the site plan, as approved by the Director of Planning, may be made as necessary to address any changes to the access points on Providence Road that may result during detailed site plan review through the Development Services Center (DSC). c. The proposed building addition shall be constructed substantially in accordance with the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. d. A minimum of two (2) additional trees shall be installed west of the future sanctuary addition and three (3) additional trees shall be installed east of the future sanctuary addition. These plantings shall be added during Phase 1 of the project. I, 1,1 THE HOPE LUTHERAN CHURCH Page 3 of 3 e. The child care and child education center shall be limited to a total of 80 children, unless a right-turn lane into the site is reviewed and approved by Public Works I Traffic Engineering. At no time shall more than 90 students be present at the facility. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:~\ k .(:xj ~ lW~ l . I I # 21 May 13, 2009 Public Hearing APPLICANT I PROPERTY OWNER: HOPE LUTHERAN CHURCH STAFF PLANNER: Leslie Bonilla REQUEST: Modification of a Conditional Use Permit for a church expansion (approved by the City Council on March 22, 1994) Conditional U:5e Permit (child care and child education center expansion) ADDRESS I DESCRIPTION: 5350 Providence Road GPIN: 14663551650DOO ELECTION DISTRICT: KEMPSVILLE SITE SIZE: 5,75 acres AICUZ: Less than 65 dB DNL APPLlCATIOI\j HISTORY: The Planning Commission deferred this application on April 8. SUMMARY OF REQUEST The original Conditional Use Permit allowing a church was approved by City Council on May 15,1978 with four (4) conditions. In 1989, 1994, 2003, and 2008, Conditional Use Permits for two (2) church expansions, a modular addition, and a columbarium, respectively, were granted. Conditions regarding landscaping, stormwater management, and site improvements were attached to the Conditional Use Permits. All conditions have been met. The applicant desires to modify the 1994 Conditional Use Permit for a church expansion to include an addition to the building for a 10,400 square foot educational and youth wing, consisting of classrooms and an assembly space. Also planned is a future 5,000 square foot addition to the educational and youth wing, a future 40-foot by 100-foot (40' x 100') concrete picnic area and shelter, a 20-foot by 40-foot (20' x 40') shed, and an approximately 7,500 square foot future addition to the sanctuary. The new sanctuary will house 370 to 400 seats. HOPE LUTHERAN CHURCH Agenda Item 21 Page 1 1,1 I I The picnic area and shed will be situated at the northwestern corner of the parking lot. This picnic area was envisioned with the 1989 City Council approval. The eastern entrance will be shifted farther to the east and the parking lot will be slightly reconfigured. One hundred, sixty-four (164) parking spaces are provided on-site, The fa~ade of the church addition will consist of reddish-brown brick designed to match the brick and style of the existing building, A pre-school has existed on this site within the existing building since September 1988 when a Conditional Use Permit was not required for child care and child education centers, Child education and child care programs are offered Mondays through Fridays and include a day-care, pre-school, and before and after school programs. Hours of operation for the day care are from 8:00 a.m. to 5:30 p.m. Pre- school hours are from 8:30 a,m. to 3:30 p.m. Before school programs start at 8:00 a.m" and after school programs end at 5:30 p,m. The May 15,1978 Conditional Use Permit allowing a church has the following four (4) conditions: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. 3, Improvements along Providence Road; this includes curb. 4, Parking a minimum of one (1) space per 5 seats or bench seating spaces in the main auditorium, The July 3, 1989 Conditional Use Permit allowing a church addition has the following condition: 1 , The Utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site. The March 22, 1994 Conditional Use Permit allowing a church addition has the following two (2) conditions: 1. All trees removed because of the proposed project will be mitigated at a 1:1 ratio and planted in the northern part of the property. Efforts will be made to use native species or plant material. 2, Installation of a storm management facility meeting the requirements of the City's Storm water Management Ordinance. The February 11, 2003 Conditional Use Permit allowing a church addition has the following three (3) conditions: 1. A site plan must be submitted to the Development Services Center showing location of building and deck/handicap ramp, specific landscape plantings and tree protection for remaining trees during construction. Site plan approval must be obtained in addition to all necessary permits, inspections and a Certificate of Occupancy from the Permits and Inspections Division of the Planning Department. 2. Skirting around the base and vinyl siding on the exterior of the unit shall be of a neutral color and shall be installed prior to occupancy. HOPE LUTHERAN CHURCH Agenda Item 21 Page 2 , I 3, The modular unit (trailer) is approved for a period not to exceed five (5) years. The January ,g, 2008 Conditional Use Permit allowing a columbarium has the following three (3) conditions: 1. The location of the columbarium shall be limited to that shown on the submitted plan, which has been exhibited to the City Council and is on file in the Planning Department. 2, The columbarium walls shall complement the exterior building materials, in respect to color and matel'ial, of the existing church, and shall be substantially in conformance with the drawing entitlod, "Columbarium Unit - Hope Lutheran Church". 3, A certificate or letter of approval shall be obtained from the Virginia Department of Health as to conformity with its regulations, indicating that there is no danger of contamination of groundwater whem remains are scattered. LAND USE AND ZONING INFORMATION EXISTING LJ~ND USE: Church and pre-school with playground and columbarium SURROUNDING LAND USE AND ZONING: North: South: . Single-family homes / R-7.5 Residential District . Providence Road . Church / R-7.5 Residential District . Single-family homes / R-7,5 Residential District . Church / R-7,5 Residential District . Single-family homes / R-7.5 Residential District East: West: NATURAL RI:SOURCE AND CULTURAL FEATURES: The rear quarter of site is mainly wooded. There are no know.n significant environmental or cultural features. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Providence Road in front ,:>f the site is a four-lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility with a bikeway within a 130-foot wide right-of-way. A reservation of 21 feet may be required during detailed site plan review. No Capital Improvement Program projects are slated for this area. HOPE LUTHERAN CHURCH Agenda Item 21 Page 3 1,1 TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Providence Road 24,602 ADT 1 22,800 ADT (Level of Existing Land Use L. - 246 Service "D") / capacity ADT on weekdays, 536 ADT on Sundays Proposed Land Use 3 - 796 ADT 103 AM Peak Hour Vehicles (total - entering + exiting) 103 PM Peak Hour Vehicles (total - entering + exiting) on weekdays, 612 ADT 252 Peak Hour Trips (total - entering & existing) on Sundays Average Daily Trips in 2008 2 as defined by 20,204 square foot church + day care with 55 students 3 as defined by 43,104 SQuare foot church + day care with 90 students TRAFFIC ENGINEERING: Traffic Engineering has concerns regarding to the use of two access points to this parcel. The proposed addition to the building will result in the relocation of the existing easternmost access point to the far eastern side of the site. This will place the new access point immediately adjacent to an existing access for the church located on the adjoining parcel. The applicant is encouraged to discuss the possibility of a shared access point with the adjoining church. This issue will be further addressed during detailed site plan review, Traffic Engineering also recommends that the number of children within the day care/pre-school be limited to 80 students in order to negate the need for a right-turn lane into the site. WATER: This site is connected to City water. The existing 5/8-inch meter (City ID# 95052799) may be used or upgraded to accommodate the proposed development. There is an existing 20-inch City water main along Providence Road. SEWER: This site is connected to City sanitary sewer. The applicant shall submit an analysis of Pump Station #416 and the sanitary sewer collection system is required to insure future flows can be accommodated. There is an existing 8-inch City gravity sanitary sewer main to the northeast of the property and along Westover Lane. There is an existing 8-inch gravity sanitary sewer main along the intersection of Providence Road and Old Providence Road. There is an existing 8-inch City gravity sanitary sewer main near the intersection of Gale Drive and Providence Road. STORMWATER MANAGEMENT: The submitted plan shows no stormwater management. Even if construction is over existing impervious surfaces, Chesapeake Bay Preservation Area Ordinance requirements must be met. This will be addressed during detailed site plan review, HOPE LUTHERAN CHURCH Agenda Item 21 Page 4 , I Recommendation: Staff recommends approval of this requested modification, as conditioned below. EVALUATION AND RECOMMENDATION Comprehenl5;ive Plan: The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, residential and non- residential, lo:::ated in and around these neighborhoods should serve as a guide when considering future development. Evaluation: The request for a church and child care expansion is acceptable, The proposed 164 parking spaces satisfies minimum parking requirements of the City's Zoning Ordinance and requirements established by the site's original Conditional Use Permit for a church. Chesapeake Bay Preservation Area Ordinance requirements will be satisfied during detailed site plan review, and the applicant has agreed to install three (3) additional trees east of the future sanctuary and two (2) additional trees west of the future sanctuary in order to provide an enhanced buffer between the proposed additions and the surrounding community. J\lthough Providence Road is currently over capacity, Staff finds that churches can be good uses adjacenf to over capacity roads because these uses have peak traffic hours different than traditional businesses, Staff, however, is recommending a condition concerning possible relocation of the access points that may be necessary due to detailed site plan review, In summary, the proposal is in conformance with the Comprehensive Plan's recommendations for this area and the l~xterior building materials used reflect the materials used on the existing church and surrounding msidential neighborhood adjacent to this property. Thus this application is recommended for approval subject to the conditions listed below. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on May 15, 1978, July 3, 1989, and January 8,2008 remain in affect. 2. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on March 22, 1994 remain in affect. 3, Condition Number 1 of the March 22, 1994 Conditional Use Permit is deleted and replaced with the following: a. The site shall be developed in substantial conformance with the submitted site plan entitled "Exhibit to Accompany Conditional Use Permit for 5350 Providence Road; Hope Lutheran Church", prepared by Site Improvements and dated February 2, 2009. Said plan has been HOPE LUTHERAN CHURCH Agenda Item 21 Page 5 II 1,1 I exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. b. Modifications to the site plan, as approved by the Director of Planning, may be made as necessary to address any changes to the access points on Providence Road that may result during detailed site plan review through the Development Services Center (DSC). c, The proposed building addition shall be constructed substantially in accordance with the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. d. A minimum of two (2) additional trees shall be installed west of the future sanctuary addition and three (3) additional trees shall be installed east of the future sanctuary addition. These plantings shall be added during Phase 1 of the project. e. The child and child education center shall be limited to a total of 80 children, unless a right- turn lane into the site is reviewed and approved by Public Works / Traffic Engineering, At no time shall more than 90 students be present at the facility, 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. HOPE LUTHERAN CHURCH Agenda Item 21 Page 6 I I AERIAL OF SITE LOCATION HOPE LUTHERAN CHURCH Agenda Ite~ 21 Page 7 II I ~l. ! \ ' , J!~ e \r~ :~i \ ..... 3tH1 l!3^OJS3M \ \ I \ ~i- \ ~l" \ \ J=:r=~ \~ ,h_- :" ~r . -, .1!1. \ !jI1 \ \ '" -g;li~2., .\~1IJ~~ ,:i-~~ ~-:~~~.. ; .- th ,. __'''':..~_ ._:' ..' ,. ,,1._--: .,- ~~..,. ~-- ...~- , - ...., ',- ~h_ - ~.. - " " - " - .J ;..^; ; .,,": . i'Xct. ~iVc. ~ ~~.;(~~ . ; ",V'~, ;#fJk< ~,{:", i:Ft~ }~~~ "" <~. "I .1. ~ ~~ !", o ,. o ", ---- ~II 'i! - -- '--- \. I \. ~I. \ _-------:~,~~:O7-< will ~h '"'"') --" ~; ~/ l PROPOSED SITE PLAN HOPE LUTHERAN CHURCH Agenda Item 21 Page 8 , I 'j ['/1 "'RC'.1 PRO\'lnn,~r: RO,t.D HEADEDY/EST ,. f:: '"::l E!\fRt,NCI: f-f\C1,' NCRn8>ST PROPOSED BUILDING ELEVATION HOPE LUTHERAN CHURCH Agenda Item 21 Page 9 II I M,," M~PtFs~ale The Hope Lutheran Church - \ e)~~~~~f;J,f~l1f'TlmJ rJi!:~~ /lrI~k(' ~~-!~1:;/l~cBi/ltlJ R-l.5 c5;;j~:t 'fl.~ a '" ,~k, "~o8" I !i::~.~ R 7C. ~ ~~~~];:~.::~; ~.,. ^- f /]~',.".:: i1~~~ :'. _ ~ c:5 1 ~ DLl~ 0 5 ~ .....0,/ , """ ~oo:.u ~~CJ~~~~) · ~-~~ 1; o~~ .1J ~~.~~. ~ m r!1I' ~~ Ji.: ~ II 'lj O/1l ~~f ~ - ~g GRIllI;,] ~ p ~ c~o "' /3iD/, I "'j/glJ~' J. B '~~?!:JI U 08,) ~c a,..~& a m ~ _tJ.5'o ~v;g ~ r;j d oj I) ( Lj, ~\ 'I ~ ?f~ c\ v ~ ~l'........ --- ~ ~ ~ 'Y~ ::> L....J j ~ t 1~L..."'t'f'Nlle~ _.GJ- ~ ~ ~~~J I _A r~ ~ft~~ ~ ~~I~ .-n~. \~r;::- ~ ~ '-11 . J a U--:a:k~J tf{"""" ~ " "~\~C:Jh\'~ .~~~. '7/ ~ ~ ~I Ci\ 6iJ q .'811 - \~ : reL.. ~1~ll .::l Ar$:~ -------..;;:::, '~..Il ~l a \ ~ ""-',.. 0 -- ~ -w,j ~ 71 \.J:-" ..:::::-..::: II ". \loe ~I ".,? .\o:o~Vi- ~- ~ II~ ~. ob~ 6~~O/ ~Y~~l(;;r: I" l. ~, :" '\,J\~~I~~ .~ Ii ~~)I 7r Modification of Conditions # DATE DESCRIPTION ACTION 1 01-08-08 Conditional Use Permit (columbarium) Granted 02-11-03 Conditional Use Permit (church addition) Granted 03-22-94 Conditional Use Permit (church expansion) Granted 01-22-91 Conditional Use Permit (church) Granted 07 -03-89 Conditional Use Permit (church) Granted 05-15-78 Conditional Use Permit (church) Granted 2 07-02-02 Conditional Use Permit (carwash addition to an existing fuel Granted sales) 3 11-28-88 Conditional Use Permit (automotive repair) Granted ZONING HISTORY HOPE LUTHERAN CHURCH Agenda Item 21 Page 10 I I ~ I I 5 ~ ~ ~ ~ I I E--t ~ o c ~ ~ o Z c ~ I I 5 I I ~ I I Q o ~ 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) Hope Lutheran Church (see attached) 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 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) 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 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 ~ If yes, what is the name of the official or employee and the nature of their interest? Modification 01 Condijions Application Page 100111 Revised 7/3107 HOPE LUTHERAN CHURCH Agenda Item 21 Page 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES list all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the provIders of architectural services, real estate services, financial services accounting services, and legal services: (Attach list if necessary) Ivy Architectural Innovations Site Improvement Associates Parent-subsidiary relationship" means a relationship that exists when one corporation directly or indirectly owns shares possessmg more than 50 percent of the vetmg power of another corporation See State and Local Government Conflict of Interests Act Va, Code S 22-3101. 'Affiliated business entIty relationship means "a relationship other than parent- subsidiary relationship, that eXists when OJ one business entity has a controlling ownership Interest in the other bUSiness entity, (ij) a controfling owner in one entity is also a controning owner In the other entity. or (ill) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity reiationship include that the same person or substantially the same person own or manage the two entities: there are common or commu1gled funds or assets: the business entitles 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 S 2.2-3101 CERTIFICATION: I certify that the information contamed herein is true and accurate 1 understand that. upon receipt of notification (postcard! that the application has been sct1eduled for public heanng I am responsible for obtaining and posting the requIred sign on the subject property at least 30 days pnor to the scheduled public hearing accordmg to the instructions In thlS package The underSigned also consents to entry upon the subject property by employees of the Department of Planning to photograph aM view the Site for purposes of processing and evaluating this application ~~ ~_~1 Applicant 5 Signature ~ ~ "_~_ "'- ._L. .t. rt1 k.oo\., ~ Signature \if different than applicant! 1(,:-.1.\';1, M....~\{.. ~tl.:au.)()" Print Name ? ~ h;) ~ v\Ji'ff)~ ") - ~i MM.O.u S Prmt Name \5~i~ "\t McdmcaliOr! Of C;n;:liiOn$ App, ~1l1"J'1 Pa'ge -t '1 Of Revisoo 'r/3i20D7 II I tfI!""" I o I I r · ~ t..) I I I , ~I ~ ~ Z C=~ I I r · I I ~ ~ ~ ~ r'T t o Z C=~ I t r · ~ I I r'T . I I ~ o ~ HOPE LUTHERAN CHURCH Agenda Item 21 Page 12 I I HOPE LUTHERAN....... Church Council & Staff 2008-09 COUNCIL Pre.sid ent; Vice PI~e.s; Secre"ary: Compt roller: Membl~r: Membl~r: Memblw: Memb,~r; Member: 424-4848 Pat Plemmons Carroll Bains Becky Flom Jeff Gruetzmacher Kim Behm Tony Brown Rob Caple Kurt Rinehard Eileen Wiltshire STAFF: Church office: 424-4848 Fax: 424-7626 Senior Pastor: R. Mark Nieting Asst Pastor Michael Cofer Pastoral Assistant: Kathryn Wacker Youth Ministry: Linda Muth Education: Carolyn Powell Office. Mgr: Martha West Music .Ministry Kathy Weiss MINUSTRY and SOARI) CHAIRPERSONS Childrt~n's Ministry Steve Powell Teen Ministry Jamie Margaritis Adult lVtinistry Mike Delancy Fellow;ship Tuyet Lane Finane,e Jim Hammond Propertyl Admin Keith Frederick Public Relations Bob Strait School Board Lmda Hammond SOCIal Mil'lIstry Karen Patton Stewc.ll-dship Russell Clarke WorshIp LaUl'an Strait Youth Jamie Margaritis DISCLOSURE STATEMENT HOPE LUTHERAN CHURCH Agenda Item 21 Page 13 1,1 I Item #21 The Hope Lutheran Church Modification of Conditions 5350 Providence Road District 2 Kempsville May 13, 2009 CONSENT Joseph Strange: The next matter is item 21. An application of the Hope Lutheran Church for a Modification of Conditions approved by City Council on May 15, 1978, July 3, 1989, March 22, 1994, February 11, 2003, and January 8, 2008 on property located at 5350 Providence Road, District 2, Kempsville, with three conditions. Janice Anderson: Welcome. Mark Ricketts: Thank you. Good morning Madame Chair and members of the Commission. My name is Mark Ricketts. I'm with Site Improvement Associates representing the owner. We have read the conditions and we and the owner are in complete agreement with all the conditions specified. Joseph Strange: Thank you very much. Is there any opposition to this matter being placed on the consent agenda? Harlan Murray: Good afternoon Madame Chairman and members of the Commission. My name is Harlan Murray. I'm not in opposition to it. I just want to present some information concerning water flow as they build onto the church, and put the patio out in back. May I use this? Janice Anderson: Yes sir. Harlan Murray: Okay. The church is located on Providence Road. I live back here in this house (pointing to PowerPoint). 1 lived there for 30 years. Providence Road is about 5 or 6 feet higher than the property back here so all of the water flows this way back to the house. I have at times had Lake Murray in the backyard. It flows around both sides of my house to relieve the pressure of the water. They are building the extension and they are putting a, I'm not sure where the parking lot is, but they're putting this patio back in here, 40 foot by 100 foot. The only thing that I ask is that when they develop this and consider it that they be sure to look at the water flow because it is a flat surface, and the water is going this way and this way. Now, I was here about 10 years ago whenever they built the additional parking lot, because I knew if they put the outlets along here, the water would just flow across the lot and back into the area here. it would just sit there. So, based on that, they said to put a constant curbing on here to have the water flow to this side of the property, go down between the two churches, and then flow down here to the park, and go through the big conduit over to the swell. After they finished this, the City came in, or someone came in, with a big backhoe, and started right here at my property. Started out with I I Item #21 The Hope Lutheran Church Page 2 about two inches and gradually went down. It got deeper and deeper so that the water would flow away from the properties there. That lasted for two winters, I guess. The leaves falling, blocking the water, and it would take it three times as long to flow down. At least on six occasions in the last ten years, I've had to go down here at the park, with my hoe, boots, rain gear, and unblocked the leaf buildup so that the water could flow. It could drop the water there a foot and less than an hour. When that happened before I started going down there, I called the church and I called the City. And, the City said that is not a part of highways or anything so they couldn't do anythlng. I called Parks and Recreation and they couldn't do anything. The church didn't do anything. So, all I'm asking is to make a record of it that when they start the construction, the expansion particularly the lot back here in the back. There is a platform that they consider the water flow and try to keep the water flowing down towards the park and not into my backyard, Janice Anderson: Thank you sir. That will be noted during site plan review. Thank you for your comments and bringing attention to that. Harlan Murray: Thank you very much. Joseph Strange: The Chair has asked Henry Livas to review this item. Henry Livas: The original Conditional Use Permit allowing a church was approved by City Council on May 15, 1978 with four (4) conditions. In 1989, 1994, 2003, and 2008, Conditional Use Permits for two (2) church expansions, a modular addition, and a co1umbarium, respectively, were granted. Conditions regarding landscaping, stormwater management, and site improvements we~e attached to the Conditional Use Permits. All conditions have been met. The applicant desires to modify the 1994 Conditional Use Permit for a church expansion to include an addition to the building for a 10,400 square foot educational and youth wing, consisting of classrooms and an assembly space. Also planned is a future 5,000 square foot addition to the education and youth wing. A future 40 foot by 100 foot concrete picnic area and shelter and a 20 foot by 40 foot shed, and approximately 7,500 square foot addition to the sanctuary. The new sanctuary will house 370 to 400 seats. The eastern entrance will be shifted further to the east and the parking lot will be slightly reconfigured. One hundred, sixty-four (164) parking spaces are provided on site. Therefore, we are recommending approval of the requested Use Permit modification and have it included it on our consent agenda. Joseph Strange: Thank you Henry. Madame Chair, I have a motion to approve item 21. Janice Anderson: [have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. AYE 10 NAY 0 ABSO ABSENT 1 ANDERSON BERNAS CRABTREE AYE AYE ABSENT II 1,1 Item #21 The Hope Lutheran Church Page 3 HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 21 for consent. II 1,1 ~ ":;?J) ,~ ,;s:, {.\. . ;;/)J ~"~ "-':~(::"~/ ~~'-"" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Subdivision Regulations, Appendix B, Section 6.3, Pertaining to Final Plats and Data. MEETING DATE: June 23, 2009 . Background: This proposed amendment to the Subdivision Ordinance is a result of the recent updates and revisions to the Flood Insurance Rate Maps (FIRM), which City Council adopted by reference in the Site Plan Ordinance on April 28. . Considerations: This amendment will ensure that the Subdivision Regulations are consistent with the Site Plan Ordinance regarding the requirement for having the base flood elevations placed on final plats. The amendment is largely a 'housekeeping' matter related to the recently approved amendments pertaining to the new Flood Insurance Rate Maps (FIRM). There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend to the City Council approval of the proposed amendment. . Attachments: Staff Review and Ordinance Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Qommission recommends approval. Submitting Department/Agency: Planning Department /~ ~J City Manage~ 'L .O&~ I I #17 May 13, 2009 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SUBDIVISION REGULATIONS REQUEST: An Ordinance to Amend the Subdivision Regulations, Appendix S, Section 6,3 Pertaining to Final Plats and Data. SUMMARY OF AMENDMENT This amendment will ensure that the Subdivision Regulations are consistent with the Site Plan Ordinance regarding the requirement for having the base flood elevations placed on final plats, RECOMMENDATION Staff recommends approval of this amendment; the amendment is largely a 'housekeeping' matter related to the recentl~, approved amendments pertaining to the new Flood Insurance Rate Maps (FIRM). CITY OF VIRGINIA BEACH I SUBDIVISION REGULATIONS Agenda Item 17 Page 1 II II 1,1 I 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 AN ORDINANCE TO AMEND THE SITE PLAN ORDINANCE, APPENDIX C, SECTION 4.1 OF THE CITY CODE PERTAINING TO THE INFORMATION REQUIRED ON SITE DEVELOPMENT PLANS Section Amended: 94.1 of the Site Plan Ordinance BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4.1 of the Site Plan Ordinance of the City Code is hereby amended and reordained to read as follows: Sec. 4. Information required on site development plan. 4.1. A site plan, prepared, stamped and endorsed by a registered engineer, surveyor or other persons duly licensed by the Commonwealth of Virginia to practice as such, shall be submitted with every application for approval. A sufficient number of copies of the site plan shall be submitted, as the planning director shall require and shall contain the following information: A. Property and ownership information: 11 . All sites located in the special flood hazard areas shall provide base flood elevations. per Section 5B and the FIRM (Flood Insurance Rate Map). COMMENT This amendment will make the Site Plan Ordinance consistent as Section 5B, Floodplains, requires the base flood elevations be placed on plans. 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: wrJlNq t1~ City Attorney's Office CA11085/R-2/ApriI9,2009 I I Item #17 City of Virginia Beach An Ordinance to Amend the Site Plan Ordinance Appendix C, Section 4.1 of the City Code Pertaining To the Information Required on Site Development Plans May 13, 2009 CONSENT Joseph Strange: The next matter is item 17. An ordinance to amend the Site Plan Ordinance Appendix C, Secjon 4.1 ofthe City Code pertaining to the information required on site development plans. Item 18 is an Ordinance to amend the Subdivision Regulation, Appendix B, Section 6.3 pertaining to final plat and data. Is there any opposition to this matter being placed on the consent agenda? The Chair has asked Dr. Stephen White to review this item. Stephen White: Thank you ML Strange. Item 17 is related to an amendment that occurred last month for floodp:ains and floodplain management. It had to do with the insurance that individual homeowners obtained for floodplains, basically an adoption of a new map. We discovered in implementing that, there were two additional amendments we needed to make. So, this is just really a housekeeping matter that doesn't have a lot of effect but had to be done. So, we're recommending approval of this to you. Joseph Strange: Okay. Thank you Stephen. Stephen White: You're welcome. Joseph Strange: Madame Chair, I have a motion to approve item 17. Janice Anderson: I have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 17 for consent. ~ I l' 11 I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Site Plan Ordinance, Appendix C, Section 4.1, of the City Code Pertaining to the Information Required on Site Development Plans. MEETING DATE: June 23, 2009 . Background: This proposed amendment to the Subdivision Ordinance is a result of the recent updates and revisions to the Flood Insurance Rate Maps (FIRM), which City Council adopted by reference in the Site Plan Ordinance on April 28. . Considerations: This amendment will make the Site Plan Ordinance consistent throughout, as Section 58, Floodplains, requires the base flood elevations be placed on site plans. The amendment is largely a 'housekeeping' matter related to the recently approved amendments pertaining to the new Flood Insurance Rate Maps (FIRM). There was no opposition to this request. . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 to recommend to the City Council approval of the proposed amendment. . Attachments: Staff Review and Ordinance Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends approval. Planning Commission recommends approval. " Submitting Department/Agency: Planning Department /1 W City Manager:~ \L . ~1JII'1. , I #18 May 13, 2009 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SITE PLAN ORDINANCE REQUEST: An OrdinancE! to Amend the Site Plan Ordinance, Appendix C, Section 4.1 of the City Code Pertaining to the Information Required on Site Development Plans, SUMMARY OF AMENDMENT This amendment will make the Site Plan Ordinance consistent throughout, a5 Section 58, Floodplains, requires the base flood elevations be placed on site plans. RECOMMENDATION Staff recommends approval of this amendment; the amendment is largely a 'housekeeping' matter related to the recently approved amendments pertaining to the new Flood Insurance Rate Maps (FIRM). CITY OF VIRGINIA BEACH / SITE PLAN ORDINANCE Agenda Itern 18 Page 1 : I l' I, 11 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO AMEND THE SUBDIVISION REGULATIONS, APPENDIX B, SECTION 6.3 PERTAINING TO FINAL PLATS AND DATA Section Amended: 96.3 of the Subdivision Regulations BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6.3 of the Subdivision Regulations of the City Code is hereby amended and reordained to read as follows: Sec. 6.3. Final plats and data. (x) Every final plat with land located within a special flood hazard area shall provide base flood elevations. per Section 5B. Site Plan Ordinance and the FIRM (Flood Insurance Rate Map). COMMENT This amendment will ensure that the Subdivision Regulations are consistent with the Site Plan Ordinance regarding the requirement for having the base flood elevations placed on plats. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIE CY: City Attorney's Office CA 11 084 R-2 April 9, 2009 I I Item #18 City of Virginia Beach An Ordinance to j\.mend the Subdivision Regulations, Appendix B, Section 6.3 Pertaining to Final Plats and Data May 13,2009 CONSENT Joseph Strange: The next matter is item 18. An Ordinance to amend the Subdivision Regulations, Appendix B, Section 6.3 pertaining to final plats and data. Is there any opposition to this matter bein,~ placed on the consent agenda? The Chair has asked Dr. Stephen White to review this item. Stephen White: Tl1ank you Mr. Strange. Item 18 is related to an amendment that occurred last month for floodplains and floodplain management. It had to do with the insurance that individual homeowners obtained for floodplains, basically an adoption of a new map. We discovered in implementing that, there were two additional amendments we needed to make. So, this is just really a housekeeping matter that doesn't have a lot of effect but had to be done. So, we're recommending approval of this to you. Joseph Strange: Okay. Thank you Stephen. Stephen White: You're welcome. Joseph Strange: Madame Chair, I have a motion to approve item 18. Janice Anderson: ] have a motion by Joe Strange. Do I have a second? We have a second by Don Horsley. AYE 10 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KA TSIAS AYE LIV AS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 18 for consent. i I II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Zoning Ordinance Amendment, Minimum Right-of-Way and Minimum Paved Width for Minor Subdivision Streets MEETING DATE: June 23, 2009 . Background: An Ordinance to Amend Section 4.1 of Appendix B, Subdivision Regulations, Pertaining to the Deletion of the Minimum Right-of-Way Width and Minimum Paved Width for Minor Subdivision Streets. The City Council deferred this item during the December 9, 2008 City Council meeting to provide time for staff to discuss several concems with various individuals and agencies. Those concerns have been addressed, and the amendment is now being returned to the City Council for consideration. . Considerations: At its May 9,2006 meeting, the Virginia Beach City Council established the Green Ribbon Committee and appointed members to the Committee to provide advice and assistance to the City Council in matters relating to water quality in the City's waterways. The first meeting of the Green Ribbon Committee was held on Nov. 9,2006. The 30-member committee spent more than 600 hours developing recommendations for regulatory, procedural and operational changes that the City can consider to improve water quality. The Green Ribbon Committee Final Report was presented to the City Council on Nov. 20, 2007. Since November, the Committee has been working on measures directed at implementing recommendations of the Final Report. The Preliminary Draft of Green Ribbon Implementation Committee Recommendations was completed on May 19, 2008. The Implementation Committee delivered its Report to City Council on July 1, 2008 and presented the Green Ribbon Committee Implementation Report at the July 8, 2008 City Council Briefing. The proposed amendment is a component of Phase One of the Implementation Program. The amendment deletes the requirement for minimum right-at-way and pavement widths for minor subdivision streets (those that serve 10 or more residential lots at less than 7,500 square teet). The affect is to reduce the width I I CITY OF VIRGINIA BEACH - AMENDMENT TO SUBDIVISION ORDINANCE Page 2 of 2 of such Htreets from a right-of-way of 60 feet to 50 feet, with a corresponding reduction in pavement width from 36 feet to 30 feet. This amendment was recommt~nded by the Green Ribbon Committee as a means of reducing impervious cover. . Recomnlendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this amendment. . Attachments: Staff Review Ordinano! Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepllrtmentlAgency: Planning Department ,!,~ l~ City ManageF>:::~ l ~~ \ II I CITY OF VIRGINIA BEACH AMENDMENT TO SUBDIVISION ORDINANCE I STREET WIDTH Agenda Item 14 October 8, 2008 Public Hearing REQUEST: An Ordinance to Amend Section 4.1 of Appendix B, Subdivision Regulations, Pertaining to the Deletion of the Minimum Right-of-Way Width and Minimum Paved Width for Minor Subdivision Streets. This item was deferred by the Planning Commission at the request of staff on August 13, 2008, to provide time for the Commission to receive a briefing on the recommendations of the Green Ribbon Committee Implementation Report. SUMMARY OF AMENDMENT At its May 9,2006 meeting, the Virginia Beach City Council established the Green Ribbon Committee and appointed members to the Committee to provide advice and assistance to the City Council in matters relating to water quality in the City's waterways. The Committee was asked to make recommendations on how the city can improve water quality with a focus that includes: . Means of developing property; and . Supporting infrastructure that: o Minimize the use of natural resources; o Reduce harmful effects on water quality; and o Create healthier environments. The Committee was also asked to advise the City Council on regulatory and other methods of improving water quality in the City's waterways by: . Reducing the impact and extent of site impervious cover - surfaces like asphalt, cement and roofing that prevent infiltration of rainfall into the soil, thereby disrupting the water cyde and affecting the quality of our water resources; . Preserving and enhancing existing natural resources; . Integrating stonnwater management to maximize efficiency and effectiveness of the overall system; and . Utilizing such other means as are effective and practicable. The first meeting of the Green Ribbon Committee was held on Nov. 9, 2006. The 3D-member committee spent more than 600 hours developing recommendations for regulatory, procedural and operational CITY OF VIRGINIA BEACH I STREET WIDTHS Agenda Item 14 Page 1 I I changes that the City can consider to improve water quality. The Green Ribbon Committee Final Report was presentE!CI to the City Council on Nov. 20, 2007. Since November, the Committee has been working on measures directed at implementing recommendations of the Final Report. The Preliminary Draft of Green Ribbon Implementation Committee Recommend.iltions was completed on May 19, 2008. The Implementation Committee delivered its Report to City Couf1(~1 on July 1, 2008 and presented the Green Ribbon Committee Implementation Report at the July 8, 2008 Gity Council Briefing. The proposed amendment is a component of Phase One of the Implementation Program. The amendment deletes the requirement for minimum right-of-way and pavement widths for minor subdivision streets (thOSE! that serve 10 or more residential lots of less than 7,500 square feet). The affect is to reduce the width of such streets from a right-of-way of 60 feet to 50 feet, with a corresponding reduction in pavement width from 36 feet to 30 feet. This amendment was recommended by the Green Ribbon Committee a:; a means of reducing impervious cover. RECOMMENDATION Approval of the amendments is recommended. CITY OF VIRGINIA BEACH I STREET WIDTHS Agenda Item 14 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AN ORDINANCE TO AMEND SECTION 4.1 OF APPENDIX B (SUBDIVISION REGULATIONS), DELETING THE MINIMUM RIGHT OF WAY WIDTH AND MINIMUM PAVED WIDTH REQUIREMENTS FOR MINOR SUBDIVISION STREETS Section Amended: 94.1 of Appendix B II I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4.1 of Appendix B of the City Zoning Ordinance is hereby amended and reordained to read as follows: APPENDIX B SUBDIVISION REGULATIONS DESIGN STANDARDS Sec. 4.1. Streets and alleys. (m) (1) Street right-of-way widths shall be as specified in officially adopted elements of the comprehensive plan relating to streets. Where not shown therein, pavement widths and right-of-way widths for public streets shall be in relation to the proposed density and/or the land use of the property adjacent to the roads and within the parcel sought to be subdivided, but in no case, be less than as follows: TABLE INSET: Minimum R/W Width (feet) b. Serving residential lots of 7,500 square feet or more, or fewer than 10 lots of less than 7,500 square feet on a cul-de-sac, or 10 lots or more of less than 7,500 square feet where adequate legal assurance has been provided that all required driveways on lots served by such street shall be at least 18 feet wide 50 Minimum Paved Width (face to face of curb) (feet) 30 , I 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 &: Serving 10 or more residontiallots of loss than 7,500 square feet €I-: c. Serving townhouse lots in the R-2.5 zoning calegory w ~ 50 30 COMMENT This amendment deletes the requirement for minimum right-of-way and pavement widths for minor subdivision streets. This amendment was recommended by the Green Ribbon Committee as a m,~ans of reducing impervious cover. of Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2008. day CA10811 July 28, 2008 R-4 NCY: : I I~) ,::) ..:) I' II I Item #22 City of Virginia Beach An Ordinance to amend Section 4.1 of Appendix B, Subdivision Regulations pertaining to the deletion of the minimum Right-of-Way Width and Minimum Paved Width for Minor Subdivision Streets November 12, 2008 CONSENT Joseph Strange: The next item. is item 22. An Ordinance to amend Section 4.1 of the Appendix B, Subdivision Regulations pertaining to the deletion of the Minimum Right-of- way Width and Minimum Paved Width for Minor Subdivision Streets. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked AI Henley to review this item. Al Henley: Thank you. This section is concerning an amendment to the City Ordinance regarding subdivision regulations pertaining to the deletion of the minimum right-of-way width and a minimum paved width of minor subdivision streets. In 2006, City Council established a Green Ribbon Committee, which I had the honor of serving on, and appointed members of the committee to provide service and assistance to City Council in matters relating to water quality in the city's waterways. This amendment deletes the requirement for minimum right-of-way and pavement widths for minor subdivisions and the width for such streets or residential lots that are less than 7,500 square feet. The affect is to reduce a width of such street from the right-of-way from 60 feet to 50 feet with a corresponding reduction in pavement width from 36 feet to 30 feet. This amendment was recommended by the Green Ribbon Committee as a means of reducing impervious cover to improve water quality. As background regarding the evolution of street widths in Virginia Beach, Subdivision Regulations contained two subsections under "Minor" streets. They were commercial or industrial and residential uses. The residential uses require a minimmn width of 50 feet and a paved section of 30 feet. This amendment allows ten or more lots less than 7,500 square feet to have an option of using the 50-foot right-of-way width and a 30-foot of paved section of street, and providing the driveways are a minimum width of 18 feet. Being that this is good for the environment, we have placed this on the consent agenda. Thank you. Joseph Strange: Thank you AI. Madam Chairman, I make a motion to approve agenda item 22. Janice Anderson: I have a motion by Joe Strange and a second by Gene Crabtree. AYE 10 NAY 0 ABSO ABSENT I ANDERSON BERNAS CRABTREE HENLEY AYE AYE AYE AYE I I :--)- '- r~ /) Item #22 City of Virginia Beach Page 2 HORSLEY KATSIAS KNIGHT LIVAS REDMOND RUSSO STRANGE AYE ABSENT AYE AYE AYE AYE AYE Ed Weeden: By a vote of 10-0, the Board has approved item 22. Janice Anderson: Thank you very much. Thank you Mr. Strange for handling the consent agenda. For all of those who had a matter on the consent agenda, I thank you for coming today. I apprec:iate your appearance here. i I II I M. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL P ARKS and RECREATION COMMISSION II ~. lll'FINISllf.D UUSINESS II O. NEW BUSINESS 1. ABSTRACT OF VOTES - Democratic Primary Election, June 9,2009 II I O. NEW BUSINESS 1. ABSTRACT OF VOTES - Democratic Primary Election, June 9, 2009 P. ADJOURNMENT COUNCIL SCHEDULE FOR JULY AND AUGUST Virginia Beach City Council Will Host a PUBLIC MEETING 7:00-8:30 PM THURSDA Y, AUGUST 13TH Virginia Beach Convention Center Purpose: Discuss 2010 General Assembly Legislative Agenda *********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Agenda 6/23/09gw www.vb!!:ov.com 1,1 ABSTRACT OF VOTES cast in the Virginia Beach at the June 9,2009 Democratic Primary Election for: , Virginia, GOVERNOR NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Terry R. McAuliffe Brian J. Moran .................................................................. 4,698 2,993 6,508 .................................................................. R. Creigh Deeds .................................................................. .................................................................. .................................................................. .................................................................. .................................................................. Total Number of Overvotes for Office ........................................................... o We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 9, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election for the office indicated above. Given under our hands this 10th day of June, 2009. A copy teste: , Chairman , Vice Chairman , Secretary Secretary, Electoral Board I I ABSTRAcr OF VOTES cast in the Virginia Beach at the June 9, 2009 Democratic Primary Election for: , Virginia, LIEUTENANT GOVERNOR NAMES OF CANDIDA TES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) Jody M. \'Vagner A. Micha.~1 Signer Jon I. Bowerbank 11 ,448 1,492 470 Total Nurnber of Overvotes for Office ........................................................... 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 9, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election for the office indicated above. Given under our hands this 10th day of June, 2009. , Chainnan , Vice Chainnan , Secretary A copy teste: Secretary, Electoral Board , I ABSTRACT OF VOTES cast in the Virginia Beach at the June 9, 2009 Democratic Primary Election for: , Virginia, MEMBER HOUSE OF DELEGATES 90th ENTER DISTRICT NUMBER NAMES OF CANDIDATES AS PRINTED ON BALLOT Algie T. Howell, Jr. Lionell Spruill, Jr. .................................................................. .................................................................. .................................................................. Total Number of Overvotes for Office ........................................................... 1,1 I TOTAL VOTES RECEIVED (IN FIGURES) 121 62 o We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 9, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election for the office indicated above. Given under our hands this 10th day of June, 2009. A copy teste: , Chairman , Vice Chairman I Secretary Secretary, Electoral Board "I CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACrrONS V I DATE: 06/09/2009 L PAGE: I D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D 1/ BRIEFINGS: A CHINESE DRYWALL Cheri Hainer, Administrator - Pennits and Inspections B GREEN RIBBON IMPLEMENTATION Barry COMMITIEE Frankenfield, Manager, Strategic Growth Area (SGA) Il/III/N 1 CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V-E SESSION F-GI MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A B SPECIAL FORMAL SESSION S May 19/2009 T A I N E D 2 FORMAL SESSION/PUBLIC HEARING APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y May 26, 2009 H-I PUBLIC HEARINGS: LEASE OF CITY PROPERTY No Speakers Regional Group Home - 2293 Lynnhaven Parkway L'J-I Resolution URGING the Commonwea1th/US ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Congress make high speed passenger rail CONSENT service from Richmond to Soutbside Hampton Roads a high priority 2 Resolution to MODIFY ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y architectural/engineering servicesl revise CONSENT price with Waterway Surveys/ Engineering, Ltd, re Lynnhaven River dredging 3 Ordinance to AUTHORIZE lease of City- ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y owned property at 2293 Lynnhaven CONSENT Parkway to Tidewater Group Home I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 06/09/2009 L PAGE: 2 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D 4 Ordinance to GRANT permits re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. American Lifeline Medical Transport, Inc. b. Children's Hospital of the King's Daughters Transport Team c. Life Evac Virginia d, Medical Transpoit e, Mid-Atlantic Re~ ional Ambulance, Inc. f, Eastern Shore Anbulance Service g, Nightingale Regi,)na1 Air Ambulance h. Special Event Providers of Emergency Medicine 5 Ordinances to ACCEPT/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE/TRANSFER: CONSENT a. $11,129,836 to Nimmo Parkway- Phase V-A b, $1,036,910 from FEMA to Fire Urban SearchlRescue re emergency preparedness c. $322,161 from Opportunity Inc. re Summer youth employment d. $15,000 from City Beautification to Miyazaki Garden renovation L-I NANCY SAUNDERS/WALTER P. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ADAMS, JR. Expansi)n of a REVISED Nonconformim! Structure at 107 85th Street, CONDITIONS, L YNNHA VEN DISTRICT BY CONSENT 2 TPK INVESTMENT:; CORP/CLINT APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y USONIS Expansion of Nonconformine: CONDITIONED, Structure at 844 Dwyer Road, PRINCESS BY CONSENT ANNE DISTRICT 3 MEMBERS TRUST CREDIT UNION MODIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditions re two-story/ DEED offices/small restaW'ant at Holland Road! RESTRICTIONS South Independence Boulevard (approved 1/2/3/4, BY September 22, 1998), I~OSE HALL CONSENT DISTRICT 4 HEARTS 4 KIDS CHILDCARE CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Daycare at 3569 Marve II Road, ROSE CONDITIONED, HALL DISTRICT BY CONSENT 1,1 I CITY OF VIRGINIA BEACH SUMMARY OF COUNCU ACrrONS V I DATE: 06/09/2009 L PAGE: 3 D S L E D H E A W AGENDA D S I E J S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M I V 0 0 S H L R Y S S N A N D 5 EASTERN ACADEMY OF MIXED APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y MARTIAL ARTS, INC CUP re martial CONDITIONED, arts at 3900 Bonney Road, Suite 213, BY CONSENT L YNNHA VEN DISTRICT 6 HYBRID ACADEMY OF MARTIAL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ARTS CUP re martial arts at 3636 Virginia CONDITIONED, Beach Boulevard, Suite 115, BY CONSENT L YNNHA VEN DISTRICT 7 PUNGO AIRFIELD, LLC CUP, re car DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y racingipaintball/mu1ch facility at 1848 7/7/09, BY Princess Anne Road, PRlNCESS ANNE CONSENT DISTRICT 8 MANNY VARELA, CENTRES BFS APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y NORTHEAST, LLC CUP re engine repair CONDITIONED, atl531 General Booth Boulevard, BEACH BY CONSENT DISTRICT 9 ENDEAVOR ENTERPRISES, LLC DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y COZ, from AG-I/AG-2 to Conditional B- 7/14/09. BY IA Ltd/ pol at Holland Road/Chestnut Oak CONSENT Way, PRlNCESS ANNE DISTRICT APPLICANT REQUESTS DEFERRAL L APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S BEACHES and WATERWAYS COMMISSION BIKEWAYS and TRAILS COMMISSION MINORITY BUSINESS COUNCIL BAYFRONT ADVISORY COMMITTEE Appointed 10-0 Y Y A Y Y Y Y Y Y Y Y Norman W. Carrick 3 Year Term 7/1/09-6/30/12 HUMAN RIGHTS COMMISSION Appointed Nicole 10-0 Y Y A Y Y Y Y Y Y Y Y D, Johnson Unexpired thru 3/31/12 PARKS and RECREA nON Reappointed 10-0 Y Y A Y Y Y Y Y Y Y Y COMMISSION Kristen Myers Unexpired thru 8/31/11 , I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 1 DATE: 06/09/2009 L PAGE: 4 D S L E D H E A W AGENDA D S 1 E 1 S U N I ITEM # SUBJECT MOTION VOTE A T E D N 0 S H U L W V E Z Y L N 0 R E S 0 I P E E E E M 1 V 0 0 S H L R Y S S N A N D Appointed Stan SOC~SERV~ESBOARD Cawlfield 10-0 Y Y A Y Y Y Y Y Y Y Y 4 YearTenn 7/1109-6/30/13 TIDEWATER COMMUNITY COLLEGE Appointed lohn 10-0 Y Y A Y Y Y Y Y Y Y Y BOARD Piscitelli 4 YearTenn 7/1/09-6/30/13 MIN/O ADJOURNMENT 6:10 PM PUBLIC COMMENTS ONE SPEAKER Non-Agenda Items 6:11-6:14 PM COUNCIL SCHEDULE FOR JULY AND AUGUST Virginia Beach City Council Will Host a PUBLIC MEETING 7:00-8:30 PM THURSDAY, AUGUST 13TH Virginia Beach Convention Center Purpose: Discuss 2010 General Assembly Legislative Agenda