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HomeMy WebLinkAboutDECEMBER 8, 2009 II CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DAVIS, Rose Hall- District 3 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District} BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 8 December 2009 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 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 I. CITY COUNCIL BRIEFINGS: - Conference Room - 2:30 PM A. COMMUNITY PARTNERSHIP re HOMELESSNESS Andrew Friedman, Director - Housing and Neighborhood Preservation Ray Bjorkman, Beach Fellowship Ruthie Hill, Executive Director - Samaritan House B. EMPLOYEE RETIREMENT INCENTIVE Paul Lanteigne, Sheriff II. CITY MANAGER'S BRIEFINGS: A. CITIZEN SURVEY RESULTS Nanci A. Glassman, President - Continental Research B. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patricia Phillips, Director - Finance C. TOWN HALL BUDGET MEETING RESULTS Catheryn Whitesell, Director - Management Services II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ted David Virginia Beach United Methodist 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 December 1, 2009 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTIONS IN RECOGNITION: Sheriff Lanteigne George Alcaraz I. PUBLIC HEARINGS 1. SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA (SPSA) Amended and Restated Articles of Incorporation 2. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement 6485 and 6529 Blackwater Road 3. LASKIN ROAD GA TEW A Y Phase I-A Acquisition 4. LEASE OF CITY PROPERTIES a. 1467 Old Virginia Beach Boulevard b. Nextel Communications ofthe Mid-Atlantic, Inc. Indian River Road/Chesterbrook Drive II J. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE the Amended and Restated Articles of Incorporation for the Southeastern Public Service Authority of Virginia (SPSA) 2. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) Easement with Bonnie B. and Earnest E. Morrow, Sr., Trustees, at 6485 and 6529 Blackwater Road 3. Ordinance to AUTHORIZE the City Manager to execute a non-binding Memorandum of Understanding (MOU) with From One Hand To Another, Inc. (FOHT A) for the Pharrell Williams Resource Center re programs to support young people beyond their traditional classroom experience 4. Ordinance to AUTHORIZE acquisition of property, temporary and permanent easements, either by agreement or condemnation, for the right-of-way of Laskin Road Gateway, Phase 2 5. Ordinance to AUTHORIZE and DIRECT the City Manager to execute: a. A five (5) year Lease with Nextel Communications of Mid-Atlantic, Inc. re telecommunications facilities at Stumpy Lake b. A one (1) year lease with Transitions Community Development Corporation at 1467 Old Virginia Beach Road re a temporary living program 6. Ordinance to ACCEPT and APPROPRIATE Grant funds from the U.S. Department of Energy through the 2009 American Recovery and Reinvestment Act Energy Efficiency and Conservation Block Grant Program re energy efficiency and conservation initiatives 7. Resolutions re Recovery Zone Economic Development Bonds: a. Designating the Recovery Zone Area b. Issuing General Obligation Bonds (GOB) through VMLN ACO 8. Resolution to AUTHORIZE the ISSUANCE of Residential Care Facility Mortgage Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.) re capital renovations and improvements to existing facilities 9. Resolution to REFER to the Planning Commission an Ordinance to AMEND Sections 111, 211 and 212 of the City Zoning Ordinance (CZO) and ADD a new Section 211.2 defining the term "Roadside Guide Sign" and establish requirements for allowing such signs in the public right-of-way L. PLANNING 1. Application of VIOLA BUILDING CORPORATION re an enlargement of nonconforming structures at 6900 Atlantic Avenue and 203 69th Street DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROV AL 2. Application of CENTRAL ASSOCIATES OWNER'S ASSOCIATION, INC. for a Conditional Use Permit re an enclosed bulk storage yard at 500 and 508 Central Drive DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 3. Application of DANIEL E. POSTON for a Conditional Use Permit re motor vehicle sales and service at 3336 Holland Road DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 4. Application of ROCK CHURCH for a Conditional Use Permit re religious use (Seminary) at 640 Kempsville Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 5. Application of JESSUP CONSTRUCTION L.L.C.lJOHN P. MYERS for a Change of Zoning District Classification from R-40 Residential District to Conditional R-20 Residential District re four (4) single family waterfront lots at 1125 and 1129 Trantwood Avenue DISTRICT 5 - L YNNHA VEN RECOMMENDATION DENIAL 6. Ordinance re the Comprehensive Plan of the City of Virginia Beach, dated October 1,2009, with Exhibits I-A and 1-B and including the Land Use and Master Transportation Plan maps. RECOMMENDATION ADOPTION M. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD II N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Town Hall Meetings - 2010-11 Municipal Budget Thursday, December 3, 7:00 PM Kellam High School, 2323 Holland Road Monday, December 14, 6:30 PM ANNUAL JOINT MEETING General Assembly, City Council and School Board Town Center City Club 222 Central Park Avenue, Suite 230 Agenda 12/8/09atb/gw www.vbgov.com II I. CITY COUNCIL BRIEFINGS: - Conference Room - 2:30 PM A. COMMUNITY PARTNERSHIP re HOMELESSNESS Andrew Friedman, Director - Housing and Neighborhood Preservation Ray Bjorkman, Beach Fellowship Ruthie Hill, Executive Director - Samaritan House B. EMPLOYEE RETIREMENT INCENTIVE Paul Lanteigne, Sheriff II. CITY MANAGER'S BRIEFINGS: A. CITIZEN SURVEY RESULTS Nanci A. Glassman, President - Continental Research B. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patricia Phillips, Director - Finance C. TOWN HALL BUDGET MEETING RESULTS Catheryn Whitesell, Director - Management Services II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW II 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 5:00 PM II V. FORMAL SESSION AGENDA - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Ted David Virginia Beach United Methodist 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 December 1, 2009 G. FORMAL SESSION AGENDA II .rsnluttnu CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. II H. MAYOR'S PRESENTATIONS 1. RESOLUTIONS IN RECOGNITION: Sheriff Lanteigne George Alcaraz II 4?it~-:'l_ II"": ,.,... t-, C~:t ~~l~~'e~~~ t.:.[ ....., ..'1.i; (0: . :> (,.t~ ..;~,; ...- .~. .';."" :-.! t"''''v ' .". . "'t -", .....~ -:-::.....' .;l~ . .~"'~,"'~ ~~ RESOLUTION WHEREAS: Paul J Lanteigne's first elective office was to the governing body of th.: largest city in the Commonwealth of Virginia [1990-1994] and he was later appointed to the Virginia Beach School Board [1996-1997]. Paul has served more than thirty-five years in law enforcement with the City of Virginia Beach. starting with the Virginia Beach Police Department in 1975 where he served on the SWAT Team. K-9, the Mounted Patrol and aboard Police boats and helicopters. As a Police Sergeant he founded the DUl Task Force and his efforts led to the arrest and prosecution of hundreds of drunk drivers. He was appointed Chief Deputy Sheriff in 1994 and served in this capacity until his successfUl election to the Office of Sheriff. which position he has served since August 2000. He served ten years on the Virginia State Lottery Board. He attended the FBI Academy and has been an Instructor at Tidewater Community College for more than fifteen years. He continued his education and receivedfUlI law enforcement accreditation in 2005; WHEREAS: Paul's dedication to service has been highlighted by his administrative capabilities <.IS well us his insight into human needs. He has been responsible for a staff in excess of six hundred men and women whose diversity exceeds the City's demographics, an annual operating budget of $38-Mil/ion plus a capital budget of $58-Million, and an average daily inmate population of j'ifteen hundred. He has supervised design. construction and operation of a "state uf the art" jail addition of six hundred twenty-four beds which opened in August 2005. His responsibility to the Virginia Beach Courts included the "D C Sniper" trial with up to six hundred media credentials andforry live television trucks on site; and. WHEREAS: During his law enforcement career. he has been shot at, stitched up, hospitalized. spit on and at, hit by drunk drivers, and bitten by dogs - a cat - and a human. He has been involved in lawfUl resolve oj'riots. He has been the "bearer of bad news" in having to advise more than one family of their loss, typically as a result oj' an auto accid.:nt. Throughout all these adversities, Paul has been steadfast in his fidelity and loyalty and he has shown vision in his rehabilitation of less than law-aiding citizens. He continued the "Sheriff's Workforce" which began during his tenure as Chief Deputy Sheriff and has saved both the City and the Commonwealth millions oj'dollars in the construction. renovation and maintenance of public facilities. including the Virginia Beach Law Enforcement Training Academy WHEREAS: Paul is proud of his "guiding principle in life" to "always give more than you take". He is proud to say: "no one has ever given back to the community more than the Virginia Beach Sheriff's office ". He has been married to his wife, Tracey, thirty-seven years and is proud of each of his grown children: Ashley, Adam and Austin. Now it is time to spend more time in his home in Florida, playing golf andjoining the Conmed Healthcare Management inc. as its Director of Governmental Affairs to enhance healthcare delivery to jails throughout the country. NOW, THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council pauses in its delib.:rations to pay tribute to Paul for his untiring, unselfish service to the City as an elected official, his dedication to various phases of law enforcement, for his" Workforce" contribution to the welfare of this community and his vision to ensure this is a "community for a lifetime". BE IT FURTHER RESOLVED: That this Resolution be spread upon the Minutes of this City Council Formal Session and that all citizens recognize and congratulate this dedicated public servant as we declare: PAUL J. LANTEIGNE DAY December B, 2009 ~:U~"",;::::NayOf~~~ Qr ~ e... ....u... , ~...~ ~- c.=:~~ ~~~. ~A;U- ~u"qJmtm RolUlJd J. A. U Ron" 1IUJiuul""" ~ U ~- r. #cw.. ~May'{~ II -..-........ ~.~.\l".~~ ;t,?..~:~~~,f', ~t~~ (ut :l~ (,' t.~ ... :ij' ;.~~ .,z} .\.... ".. ......,..~~~:: . ~~~~ RESOLUTION WHEREAS: George A. Alcaraz, a Rudee Heights resident, has brought neighbors together in coordinating educational awareness, such as the Emergency Preparedness program, is a valuable Volunteer and dedicated contributor to the City's theme of being a .Community for a Lifetime"; WHEREAS: The East Coast Surfing Championship was originally held in the Summer of 1951 in the area of Long Island, New York, better known as .ailgo Beach". This event grew as more and more Surfers began participating though the only advertising was by word of mouth. Three prominent Surfers from Virginia Beach [Bob Holland, Pete Smith and Butch Maloney] were among ttwse advancing the reputation of this event all along the East Coast. The third year when the Virginia Beach Jaycees decided to act as sponsor, more activities were added which enhanced the event that now draws more than one hundred thousand surfing fans and beach lovers to watch the .World's Best" amateur and professional surfers compete for the .crown". Today, the ECSC is the second longest, continuously-run surfing contest in the world; WHEREAS: The ECSC is part of the history of Virginia Beach. Their mission is to produce a unique sports and entertainment festival for the enjoyment of citizens and tourists alike. George first volunteered his time as a Jaycee and assisted in its coordination. He chaired the event in 1990 and 1997. His countless volunteer hours and numerous resources for more than two decades have made the ECSC world renowned. 2009 was the Forty-seventh year the ECSC has been under the leadership and general management of George Alcaraz. With his recognition of the City's placement as the largest city in the Commonwealth of Virginia and the largest Resort City in the world, George saw the need to evolve the ECSC into an even better, top-quality event packed week-end. He again expanded the activities, coordinated new programs, one of which was the Surfing Museum at the Coast Guard Station on 24'h Street that showcases historical memorabilia and established the MECSC Forever Membership" program as a year-round opportunity for citizens and businesses to contribute to this long-standing event. The Virginia Beach Jaycees established the .Surfing Legends of ECSC Hall of Fame" in 2005 to recognize men and women who have supported and promoted the sport of surfing in Hampton Roads. George coordinated a Friday Night Luau and recognized ttwse who founded the event. He truly has exemplified his philosophy of.A team can always accomplish more than anyone individual" in his dedication and commitment to the ECSC. Through his untiring efforts, this prestigious event has annually brought a record-breaking audience to the Oceanfront; and, WHEREAS: George has gone beyond his love of surfing and volunteered his knowledge, leadership and expertise as a City Council appointed member of the Board of Zoning Appeals, first in 2002 as and Alternate and now a full time member. His calm disposition is an attribute which affords his tactfully addressing the concerns of citizens whose applications are considered for zoning variances. He understands the issues and is able to differentiate between want, need or hardship. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes George Alcaraz as an exemplary Volunteer and call upon all citizens to celebrate: - II I. PUBLIC HEARINGS 1. SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA (SPSA) Amended and Restated Articles of Incorporation 2. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easement 6485 and 6529 Blackwater Road 3. LASKIN ROAD GA TEW A Y Phase I-A Acquisition 4. LEASE OF CITY PROPERTIES a. 1467 Old Virginia Beach Boulevard b. Nextel Communications of the Mid-Atlantic, Inc. Indian River Road/Chesterbrook Drive II NOTICE OF ~U8LJC HI;AfitNG CONSIDERATION OF A RESOLUTION APPROVING AND ADOPTING AMENDED AND RESTATED ARTICLES OF INCORPORATION fOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA Notice :s hereby g'ven that on December 8, ::"~09, dt 6:00 p.m., in the City Counc:l Chamber, 2nd Floor, City Hall Building, 2401 Courthouse Drive, Virginia Beach, the \/lrginia Beach City Council will conduct a Public Hearing on a proposed resolution for 3pprcval and edeption of amendments to the Articles of Incorporation of the ';;outheastern Public Service Authority of 'hgim8 ("SPSA"l. The amendments are ;ecessary because of changes in the law '3et forth in Va. Code 9 15.2-5102.1(1; that :'eccme effective on January 1. 2010. After :he conclusion of the PubliC Hearing. the City C;ouncil may VI)te on the proposed :esolution. The proposed amendments "ue set forth in a document entitled "Amended and Restated /\rticles of Incorporation of the Southeastern Public Service' Author;ty of Virginia" (tre ',\mended Articles"). Charges rnade by the ,\merded ;\rticles 'nclude the number and mett-,od of ;electing SPSA's Board of Directors and Cllternate board members, the 'ules governing their terms of office and ether revisions ,equired by the .:hanges in the 'aw. if approved, the Amended ~rticles will become effective on January 1. 2010. Any person interested in this matter 1'1ay appear 1nd be heard at the time and place ~,et fo!th above. .A. copy of the resolution "nd the t..mended Articles can be obtained (nm thR Office of the City Attorney by calling '757: 3.354531. Ruth Hedges Fiercer. MMC ,:,.t:; Ci;;(k P !'h:v. 1 2CC9 :j1i' ~8320 II ....-- r~"''''''~J. (~' , -..;?- \ {~ II ! ~"" t'~, . ~~~, (&. ~ NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that ttle City Council of the City of Virginia Beach, Virginia. will hold a Public Hearing with respect to the ",..ecution and delivery of an lr.st311r.wnt Purchase Agreement for the acquisition of 2n agricultural land preservation easement with rf;spect to land located at 6485 <lnd 6529 BlacKwater Road in the City of V,rginia Beach, Virginia. pursuant to Ordinance No. 95-2319, as amended, known ilS the Agncultural Lands Preservation Ordi'lanee. which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, Ib) preserve open spaces and t.he area's rural character, IC) conserve and protect environlnentally senSitive resources, (d) reduce and defer the need for 01ajor infrastructure improvements and the expenditure of public funds for such improvements, and te) assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimat.ed maximum purchase price of $321,328. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the C'ty, and the full faith and credit and the unlir11lted taxing power of the City w!!l be irrevocably pledged to the punctual payment r;f the purchase price and the interest on the mpaid princlOal baiance of the ;iLrchase price 8S and when thO' sarne rr"p8c'.;vely become due dnd ,'oJ <<,l}le. The uenlie j-,earing, ,\<> ch irBY tie cort..f",U(;(l or 'Jdjourned: '~,'f !l..~: _~,,<d \':; ,~;~e r (>JU,n\> ".~jrt .)ecernber '':!' cL.::i..-jt tl.Uu p. n. r: "'e j'Y Counc.d ":r';: -~Ot::'.S fry' 1,,"0:')0 c.,~ ~r'e 2rd fioor ,:f ~nt; ...; / '~~cjL 2L,:tj; ~~ ;C1 'J'-': 'tr'JLSe 'Jd';e, i, "~G r'6 ]~:"",rt' "'f :~. (".:il.\" :'t.:(~>\1n ntere~<teC ;n th;3 :~i'f0f '. ,...., 1(~}( -1t' C 0 'Je ;1(~ard. CiTY OF ViRGiNIA UE,~C'1. "F"-:' ;ill Ru:~h Hor.;r:e s Fr:tser, \If ,~C City Clerk Beacon Nov. 22 & 29. 2009 20.306505 II .rE~'~ r,~ " _".,--, 'y itl'~' '!-, ~;~j ~ PUBLIC HEARING ACQUISITION BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition by agreement or condemnation of property and easements necessary for the Laskin Road Gateway Phase I-A Project (CIP #2-143). Tuesday, December 8, 2009, at 6:00 p.m., in the Council Chamber of the City Hal! Building I Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "LASKIN ROAD GATEWAY PHASE !-A PROJECT. CIP-2-143)" and are on file in the Public Works Department, Engineering Division, Building #2 at the Municipal Center. The purpose of this Hearing will be to cbtain public input regarding authorizing condemnation, if necessary, for this proj~ct. If you are physically disabled or visuaUy impaired and need assistance at this meeting, please call the CITY CLERK'S OFRCE at 757.385-4303; Hearing impaired, call 711 (Virginia Relay . Telephone Device for the Deaf). Any questions concerning this Hearing should be directed to the Office of Real Estate. Building #2, Room 392, at the Virginia Beach :vIunicipal Center, (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon Nov. 29, 2009 20806777 II LEASE OF CITY PROPERTY The Virginia Beach City Council will hold PUBLIC HEARING on the proposed teasin of City-owned property on T\.lesda~ Decen,be 8, 2009 at 6:00 p.m. in the Coune Chamber of the City Half Building {Sui/dinl #11 at the V!11!,inia Beach MunlcjOa! Center. Virginia Beach. virginia. The purpose of thiS '!earlng will be to obtain public comment en the City's pn:;pO,;3! to !pase the property: l,pprcximately 2.010 Sq Ft of Space ioeated at 1.467 Old Vrgmia Beach Read if you are physically disabled or visually impaired andlced assi~\tance at this :T1eeting. please call the CITY CLERK'S QFACE at 385-4303; Hearing impaired, cali 7U the Virginia Relay. ,1\ny questions concerning this matter should je rlirected to the Department d 'Vlanagement Services Faciiitiec3 Management Office, Building 18, Room 22B. at the Virginia Beach Municipal Center. The Facilities Management Office telephone number is {7571385 5659. Ruth Hodges Smith, MMC City Clerk Beacon No~. 29. 2009 20806460 i II II NOTICE OF PUBUC HEARING. LEASE OF CITY PROPERTY On December 8. 2009, at 6:00 p.m., in the Council Chambers of the City Hall Buiiding, 2401 Courthouse Drive, Virgmia Beach. Virginia, the Virginia Beach City Council will hold a publiC heanng concerning the granting of a proposed lease of a portion of City property located on the west side of Indian River Road, approximately 1,260 feet ncrth of Chesterbrook Drive, in the CenterJlile District. to Nextel Commul1lcations of the Mid-Atlantic, Inc. for the purpose of maintaining and operating wireless telecommunications facilities. Any questions concerning this matter should be directed to the Department of Parks and Recreation, Golf Course Division, Buildiflg 21, Municipal Center, 2408 Court"ouse Drive, Virginia Beach, Virginia 23456 or by telephone at 757385-1100. Ruth Hodges Fraser. MMC City Clerk Beacon \iov. 29. 2009 20828810 " II 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Resolution to AUTHORIZE the Amended and Restated Articles of Incorporation for the Southeastern Public Service Authority of Virginia (SPSA) 2. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) Easement with Bonnie B. and Earnest E. Morrow, Sr., Trustees, at 6485 and 6529 Blackwater Road 3. Ordinance to AUTHORIZE the City Manager to execute a non-binding Memorandum of Understanding (MOU) with From One Hand To Another, Inc. (FOHT A) for the Pharrell Williams Resource Center re programs to support young people beyond their traditional classroom experience 4. Ordinance to AUTHORIZE acquisition of property, temporary and permanent easements, either by agreement or condemnation, for the right-of-way of Laskin Road Gateway, Phase 2 5. Ordinance to AUTHORIZE and DIRECT the City Manager to execute: a. A five (5) year Lease with Nextel Communications of Mid-Atlantic, Inc. re telecommunications facilities at Stumpy Lake b. A one (1) year lease with Transitions Community Development Corporation at 1467 Old Virginia Beach Road re a temporary living program 6. Ordinance to ACCEPT and APPROPRIATE Grant funds from the U.S. Department of Energy through the 2009 American Recovery and Reinvestment Act Energy Efficiency and Conservation Block Grant Program re energy efficiency and conservation initiatives 7. Resolutions re Recovery Zone Economic Development Bonds: a. Designating the Recovery Zone Area b. Issuing General Obligation Bonds (GOB) through VMLN ACO 8. Resolution to AUTHORIZE the ISSUANCE of Residential Care Facility Mortgage Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.) re capital renovations and improvements to existing facilities 9. Resolution to REFER to the Planning Commission an Ordinance to AMEND Sections 111, 211 and 212 of the City Zoning Ordinance (CZO) and ADD a new Section 211.2 defining the term "Roadside Guide Sign" and establish requirements for allowing such signs in the public right-of-way I II II The Honorable William D. Sessoms, Jr., Mayor Members of City Council October 23,2009 Page 2 of 2 In light of the foregoing, we are requesting that the City Council add to Tuesday's agenda the attached "RESOLUTION DIRECTING THE CITY CLERK TO CAUSE THE PUBLICATION OF A NOTICE OF PUBLIC HEARING CONCERNING ADOPTION OF A RESOLUTION TO APPROVE AMENDED AND RESTATED ARTICLES OF INCORPORATION FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA" and act upon it at that meeting. The resolution approving the Amended and Restated Articles of Incorporation, as well as the public hearing on the matter, will then be scheduled for December 8. If any of you has any questions or wishes to discuss this matter, please feel free to call me. Very truly yours, I{'{\,Jl- I:::> ~tA- Mark D. Stiles City Attorney MDS:WMM Enclosure cc: James K. Spore, City Manager Jason Cosby, Director of Public Works City 01 Virgi:r1ic3 Beach VBgov.com MARK 0, STILES CITY ATTORNEY October 23, 2009 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9004 (757) 385-4531 FAX (757) 385-5687 TTY: 711 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach, VA 23456 Re: Amendments to SPSA's Articles of Incorporation Dear Mayor and Councilmembers: As you may recall, the 2009 General Assembly enacted legislation amending the Water and Waste Authorities Act to change, among other things, the governance of the Southeastern Public Service Authority (SPSA). Certain provisions of that legislation require that SPSA's Articles of Incorporation be amended, and earlier this week, our office, as well as the City or County Attorneys of SPSA's other member jurisdictions, received a request from SPSA's legal counsel to undertake the necessary measures to amend the Articles. This action requires the adoption of two resolutions, the first of which orders the City Clerk to cause the publication of a notice of public hearing concerning the actual amendment to the Articles. The second Council action, which would be undertaken at the conclusion of the public hearing, is the adoption of a resolution adopting and approving the Amended and Restated Articles of Incorporation. This resolution must be adopted by all of SPSA's member jurisdictions in order to become effective and, as previously stated, must be adopted in order to comply with the 2009 General Assembly legislation. Copies of both resolutions, as well as a copy of the Amended and Restated Articles of Incorporation and the notice of public hearing, are included in this correspondence. Because the resolution approving the Amended Articles of Incorporation must be adopted by January 1, 2010, December 8 is the latest Council meeting at which the resolution may be acted upon in the normal course of Council business. In addition, because the public hearing may not be held for thirty days after the publication of the notice of public hearing in the newspaper, it will be necessary for Council to adopt the resolution ordering the notice to be published on Tuesday, October 27, as the next Council meeting is not until November 10. II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving and Adopting Amended and Restated Articles of Incorporation for the Southeastern Public Service Authority of Virginia MEETING DATE: December 8, 2009 · Background: Legislation enacted by the 2009 General Assembly, effective January 1, 2010, changes the manner in which SPSA's Board of Directors are to be appointed. As the new method of appointing directors differs from that specified in SPSA's current Articles of Incorporation, the Articles must be amended to incorporate the method of appointment prescribed in the legislation. The Articles of Incorporation may be amended only by concurrent resolutions of all eight member jurisdictions. . Considerations: The amendments to the Articles specify that each member jurisdiction may submit a list of three potential directors, each of whom shall possess general business knowledge and shall not be an elected official, to the Governor. The Governor shall then select and appoint one director from each of the lists of nominees prepared by the member localities. In addition, each member locality is authorized to directly appoint, upon a majority vote of the governing body of the member locality, one ex officio member of the Board who shall be an employee of the member locality. . Public Information: Virginia Code Section 15.2-5104 requires that there be a public hearing, notice of which must be published one time in a newspaper of general circulation at least 30 days prior to the public hearing. This requirement has been met by publication of the required notice in the Virginian-Pilot. . Recommendations: Adoption of Resolution . Attachments: Resolution, Amended and Restated Articles of Incorporation Recommended Action: Adoption of Resolution Submitting Department/Agency: Office of the City Attorney D ~ ~. City Manager:~ lL ~ · II 1 2 3 4 RESOLUTION APPROVING AND ADOPTING AMENDED AND RESTATED ARTICLES OF INCORPORATION FOR THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA 5 6 WHEREAS, the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and 7 Virginia Beach, and the counties of Isle of Wight and Southampton ("Member 8 Localities") have created the Southeastern Public Service Authority of Virginia ("SPSA") 9 pursuant to the Virginia Water and Waste Authorities Act (the "Act"), Va. Code 9 15.2- 10 5100, etseq; and. 11 WHEREAS, Virginia Code Section 15.2-5102.1, enacted by the General 12 Assembly in 2009, imposes certain requirements upon SPSA and requires changes 13 regarding the appointment and qualifications of the members of SPSA's Board of 14 Directors that necessitate amendments to SPSA's Articles of Incorporation (the 15 "Articles); and 16 WHEREAS, the amendments that are needed to amend the Articles to conform 17 them to the changes in the Act are set forth in the attached Amended and Restated 18 Articles of Incorporation (the "Amended Articles"). 19 WHEREAS, the Act requires that any amendments to the Articles must be 20 adopted by concurrent resolutions, ordinances or agreements of all the Member 21 Localities and that before any resolutions may be adopted, the councils and boards of 22 supervisors of each of the Member Localities must comply with certain notice, 23 advertising and public hearing requirements set forth in the Act; and 24 WHEREAS, in furtherance of the requirements of the Act, the City Council 25 caused proper notice of a public hearing and other information required by the Act to be 26 published one time in a newspaper of general circulation in the City of Virginia Beach; 27 and 28 WHEREAS, the public hearing was held on December 8, 2009, at the time and 29 place specified in the aforesaid notice; and 30 WHEREAS, preliminary estimates of capital costs, proposals for any specific 31 projects to be undertaken by the Authority and preliminary estimates of initial rates for 32 services of such projects are not included in the Amended Articles because they are not 33 germane to the process of amending the Articles and, in any event, the City Council 34 finds that the inclusion of such information is impracticable; 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 36 OF VIRGINIA BEACH, VIRGINIA: 37 1. That the City Council hereby approves and adopts the Amended Articles, 38 true copies of which are hereto attached; 39 2. That this Resolution approving and adopting the Amended Articles shall 40 be effective immediately and the Amended Articles shall be effective on and after 41 January 1, 2010; and 42 3. That the Mayor shall execute the Amended Articles in substantially the 43 form attached hereto, that the City Attorney shall cause the executed Amended Articles 44 to be filed with the Virginia State Corporation Commission, and that appropriate officers 45 of the City shall do all other things necessary or appropriate to amend the Articles 46 pursuant to the Amended Articles, including the execution of a single Concurrent 47 Resolution with other Member Localities that is consistent with this Resolution. Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of ,2009. APPROVED AS TO LEGAL SUFFICIENCY: jj)Jj;gN .41 City Attorney's Office CA 11311 R-1 October 23, 2009 2 II AMENDED AND REST A TED ARTICLES OF INCORPORATION OF THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA The Councils of the Cities of Chesapeake, Franklin, Nansemond, Norfolk, Portsmouth, Suffolk, and Virginia Beach and the Boards of Supervisors of the Counties of Isle of Wight and Southampton created the Southeastern Public Service Authority of Virginia (the "Authority"), formerly the Southeastern Water Authority of Virginia, pursuant to the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), formerly the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia of 1950, as amended), as a public body politic and corporate, by adopting Articles of Incorporation effective January 24, 1973 (the "Original Articles"). On January 1, 1974, the Cities ofNansemond and Suffolk were consolidated into a single city and the terms of the members representing those cities terminated and the governing body of the consolidated City of Suffolk appointed a member to fill the vacancy and serve for the unexpired term. By concurrent resolutions, adopted by the Councils and the Boards of Supervisors of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton (collectively, "SPSA Member Communities"), the Original Articles were amended by Articles of Amendment dated January 15,1976 (the "1976 Amendment") and by Articles of Amendment dated July 15, 1983 (the" 1983 Amendment"). In view of recent amendments to the Act that become effective January 1,2010, the Councils and the Boards of the SPSA Member Communities by concurrent resolutions have adopted these Amended and Restated Articles of Incorporation of the Southeastern Public Service Authority of Virginia that become effective on January 1, 2010 and hereby certify: 1-879666.4 10/17/20093:09 PM (a) The name of the Authority is "Southeastern Public Service Authority of Virginia" and the location of its principal office is in Chesapeake, Virginia. (b) The powers of the Authority shall be exercised by a board of directors (the "Board") consisting of sixteen (16) members selected in the following manner: (i) one member from each participating political subdivision who shall be selected and appointed by the Governor (each, a "Governor Appointed Board Member") from a list of three proposed members submitted by the governing body of each participating subdivision, which proposed members shall possess general business knowledge and shall not be an elected official, and (ii) one member from each participating political subdivision who shall be directly a.ppointed upon a majority vote of the governing body of the political subdivision and who shall be an employee of the political subdivision (each a "Locality Appointed Board Member"). (c) The first members of the Board consisted of one member residing in and appointed by the governing body of each of the original incorporating political subdivisions. The names and addresses of the first Board members, the names of the appointing political subdivisions and the year of expiration of the terms of the first Board members were as follows: Name Address Appointing Political Subdivision ~xpiration of Terms Mrs. Marian P. Whitehurst, Mayor P.O. Box 15225, Chesapeake, VA Chesapeake 1975 Dr. Darden W. Jones, Mayor P.O. Box 96, Franklin, VA Franklin 1973 Gurley A. Barlow, Jr., Chairman Board of Supervisors, Route 1, Smithfield, V A Isle of Wight 1974 DJ. Magnum, Jr., Mayor 318 Sherwood Dr., Suffolk, VA Nansemond 1973 Roy B. Martin, Jr., Mayor City Hall, Norfolk, V A Norfolk 1976 2 1-879666.4 lOll 7/20093:09 PM II Jack P. Barnes, Mayor Portsmouth 1975 1 High Street, Portsmouth, V A W. H. Story, Chairman Southampton 1974 Board of Supervisors, Capron, V A James F. Hope, Mayor Suffolk 1973 P.O. Box 1569, Suffolk, VA Robert B. Cromwell, Jr., Mayor V irginia Beach 1976 P.O. Box 5533, Virginia Beach, VA The terms of the first members began on the date of the issuance to the Authority of the certificate of incorporation by the State Corporation Commission and expired on December 31 of the years set forth above. (d) Alternate Board members may be selected in the same manner as Board members. Alternate Board members selected by the Governor shall have the same qualifications as Governor Appointed Board Members. Alternate Board members selected by the participating political subdivisions shall have the same qualifications as Locality Appointed Board Members. ( e) The successor of each Board member shall be appointed for a term of four years, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Board members shall hold office until their successors shall have been appointed and qualify, and any member shall be eligible for reappointment to succeed himself; provided, however, that no Board member shall serve for more than two consecutive four-year terms, except that any member appointed to the unexpired term of another shall be eligible to serve two consecutive four-year terms. The term of each Ex-officio Board Member shall expire upon such member's ceasing full-time salaried employment with such member's participating political subdivision. Each Governor Appointed Board Member may receive compensation of $25 per meeting attended but 3 1-879666.4 10/17/20093:09 PM not to exceed $600 per year, or such other compensation as may be determined from time to time by resolutions of the governing bodies of the member political subdivisions, but each Ex-officio Board Member shall serve without compensation. Each Board member shall be reimbursed the amount of the member's actual expenses necessarily incurred in the performance of the member's duties. (f) The Authority has been formed for the purposes of financing, constructing, operating and maintaining a water system and a garbage and trash collection and disposal system, all pursuant to the provisions of the Act. The core purpose of the Authority is the management of the safe and environmentally sound disposal of regional waste. The Authority may contract with its participating political subdivisions, any sanitary district thereof or any authority therein created pursuant to the Act to furnish water service and garbage and trash collection and disposal service upon such terms as the Authority shall determine; provided, however, that the same schedule or service rates shall be applicable to all such political subdivisions unless the Authority, by unanimous consent of its Board members, authorizes different service rates for anyone or more of the participating political subdivisions. The Authority is expressly prohibited from contracting with any other party desiring a supply of water except upon the written consent of the city or county within the geographical boundary of which such party is located. (g) The Authority shall cause an annual audit of its books and rec:ords to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the participating political subdivisions. [Remainder of this page intentionally left blank - signature pages follow] 4 1-879666.4 10/17/20093:09 PM II IN WITNESS WHEREOF, the Councils of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk, Virginia Beach and the Boards of Supervisors of the Counties of Isle of Wight and Southampton have caused these Amended and Restated Articles of Incorporation to be executed on their behalf by their proper officers and their seals to be affixed and attested by their Clerks, this day of , 2009. (SEAL) ATTEST: Clerk (SEAL) ATTEST: Clerk (SEAL) ATTEST: Clerk 1-879666.4 10/17/20093:09 PM CITY OF CHESAPEAKE By Title: Mayor CITY OF FRANKLIN By Title: Mayor CITY OF NORFOLK By Title: Mayor 5 (SEAL) ATTEST: (SEAL) ATTEST: Clerk (SEAL) ATTEST: Clerk (SEAL) ATTEST: Clerk 1-879666.4 10/17/20093:09 PM CITY OF PORTSMOUTH By Title: Mayor CITY OF SUFFOLK By Title: Mayor CITY OF VIRGINIA BEACH By Title: Mayor COUNTY OF ISLE OF WIGHT By Title: Chair of Board of Supervisors 6 II (SEAL) ATTEST: Clerk 1-879666.4 10/17/20093:09 PM Clerk COUNTY OF SOUTHAMPTON By Title: Chair of Board of Supervisors 7 i II II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $321,328 (Property of Bonnie B. Marrow and Earnest E. Marrow, Sr., Trustees of the Bonnie B. Marrow Revocable Trust, dated February 21, 2005) MEETING DATE: December 8, 2009 . Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon eleven (11) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $900 per acre, which has previously been established as the farm value (Le., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. . Considerations: The subject property consists of two (2) parcels of land having approximately 42.28 acres outside of marshland or swampland. It is owned by Bonnie B. Marrow and Earnest E. Marrow, Sr., Trustees of the Bonnie B. Marrow Revocable Trust, dated February 21, 2005. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located at 6485 and 6529 Blackwater Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $321,328. This price is the equivalent of approximately $7,600 per acre of easement acquired. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.3500% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.3500% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. . Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. . Alternatives: The City Council may decline to purchase the development rights to the property. . Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. . Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney's Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department P?~ City Manager~)L . ~6O"l II 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $321,328. (PROPERTY OF BONNIE B. MARROW AND 6 EARNEST E. MARROW, SR., TRUSTEES OF THE BONNIE 7 B. MARROW REVOCABLE TRUST, DATED FEBRUARY 21, 8 2005) 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of the material terms of which is hereto attached, and a true copy of 15 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 16 (as defined in the Installment Purchase Agreement) on certain property located in the City 17 and more fully described in Exhibit B of the Installment Purchase Agreement for a 18 purchase price of $321 ,328; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement; 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 3.3500% per annum 37 or the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 5.3500% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 3. The City Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects in title to the property or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. Adoption requires an affirmative vote of a majority of all members of the City Council. day of Adopted by the Council of the City of Virginia Beach, Virginia, on this ,2009. CA11214 Ilvbgov.comlDFS 1 IApplicationsICityLawProdlcycom32\WpdocsID016IP006100032287. DOC R-1 DATE: November17,2009 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ;/~ Agriculture Department W City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: QJMat(f/ (L~~ Director of Finance 2 " II II AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2009-94 SUMMARY OF MATERIAL TERMS SELLER: . MARROW, Bonnie B. and MARROW, SR. Earnest E., Trustees of the Bonnie B. Marrow Revocable Trust, dated February 21, 2005 PROPERTY LOCATION: 6485 and 6529 Blackwater Road, Princess Anne District PURCHASE PRICE: $321,328 EASEMENT AREA: 42.28 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (4 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.3500% (actual rate to be determined when STRIPS are purchased prior to execution ofIPA). Rate may not exceed 5.3500% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery oflPA. rn =' .. t- Q) - .g CJ o t ,,~ ~& .. .. CO ~ . CO Q) .- c c o CO \ \ (/)\ Q.) '- () CO CD N . N q- I '- Q) 16 ~ () co --- co / // / / / / / / / / / /' ,/ rl j / // i I r__/ 1111, // ! , >>" /j I . / / ~ ~ '~/ , ' ..-z L--~ \ \~ \ \ \ \ '\ \ I , \ . \, I \\ I I i , L-l I , i ' i --11 I I I I ~ ~ i f ! , f ,{ ", " ,~ j ;, . , ". , " ; . .'.r--___.! '''~ ~ , l_ , ~', , \ \ \ \, \ \ / t <", 'v / f I I I II .{ rt ~iJ, (' , ';-.; J ~~".~;-.y ~.:::r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City Manager to Execute a Non-Binding Memorandum of Understanding Between the City of Virginia Beach and From One Hand to Another, Inc. for the Pharrell Williams Resource Center and to Negotiate the Terms of any Agreement arising therefrom MEETING DATE: December 8, 2009 . Background: The City of Virginia Beach (the "City") owns an 11.12-acre parcel of land on Newtown Road known as the Williams Farm (the "City Property"). The City intends to develop a portion of the City Property into the Williams Farm Community Recreation Center (the "Recreation Center"). From One Hand to Another, Inc., a Virginia non-stock, non-profit corporation ("FOHTA") desires to construct and operate the Pharrell Williams Resource Center (the "Resource Center") on approximately three (3) acres of the City Property adjacent to the Recreation Center. The Resource Center is intended to provide programs for young people residing in the City. The programs at the Resource Center will be designed to support young people beyond their traditional classroom experience through a unique afterschool curriculum rooted in science, math, and language arts. FOHTA's mission is to provide young people with a broader perspective of the world, a clearer understanding of his or her own skills, and the tools to achieve long term personal success. . Considerations: The City and FOHTA have developed a non-binding Memorandum of Understanding (the "MOU") to memorialize the agreed rights and responsibilities for the basic framework for the construction and operation of the Resource Center on the City Property. The City will lease to FOHT A the property necessary for the Resource Center, which lease will come back to City Council for approval at a later date. A summary of the MOU is attached. . Public Information: Public Information will be provided through the normal process of advertising the Council's agenda. . Attachments: Resolution Summary of Terms Conceptual Plan Recommended Action: Approval Submitting Department/Agency: Economic Development City Manag . IL ) 2Zg~ 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 II A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-BINDING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF VIRGINIA BEACH AND FROM ONE HAND TO ANOTHER, INC. FOR THE PHARRELL WILLIAMS RESOURCE CENTER WHEREAS, the City of Virginia Beach (the "City") owns an approximately 11.12- acre parcel of land located off Newtown Road known as the Williams Farm (the "City Property"); WHEREAS, From One Hand to Another, Inc., a Virginia non-stock, non-profit corporation ("FOHT A") has approached the City about leasing approximately three (3) acres of the City Property for the purpose of constructing and operating the Pharrell Williams Resource Center (the "Resource Center"); WHEREAS, the Resource Center will offer programs designed to support young people beyond their traditional classroom experience through an afterschool curriculum rooted in math, science, and language arts; WHEREAS, the City and FOHT A have developed a non-binding Memorandum of Understanding ("MOU") setting forth the basic framework for the construction and operation of the Recreation Center on the City Property; WHEREAS, the MOU provides that FOHT A will lease a portion of the City Property necessary for the Resource Center, which lease once finalized will come back before City Council at a later date; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager or his designee is hereby authorized to execute a non- binding memorandum of understanding with From One Hand to Another, Inc. (the "MOU") for the construction and operation of the Resource Center in accordance with the Summary of Terms attached hereto and made a part hereof, and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. 2. That the City Manager or his designee and the City Attorney are hereby authorized to proceed with the development of the documents necessary and appropriate to implement the provisions of the MOU. of Adopted by the Council of the City of Virginia Beach, Virginia on the ,2009. day Approved as to Content: ~lr~ Economic Development CA11220 \\vbgov.comIDFS 1 \Applicalions\CityLawProd\cycom32\ Wpdocs\DO02\P006\00033911.DOC R-1 December 2,2009 Approved as to Legal Sufficiency: -/W City Attorney's Office 2 : I II II SUMMARY OF TERMS Non-Binding Memorandum of Understanding Between City of Virginia Beach and From One Hand to Another, Inc. for the Construction and Operation of the Pharrell Williams Resource Center Parties: City of Virginia Beach (the "City") and From One Hand to Another, Inc., a Virginia non-stock, non-profit Corporation ("FOHT A") Purpose: Setting forth the mutual understandings of the parties for (a) proposed lease by the City to FORT A of approximately three (3) acres of City-owned property at the Williams Farm (the "Resource Center Site"), and (b) the construction and operation of the Pharrell Williams Resource Center (the "Resource Center") by FOHT A at the Resource Center Site. Rights and Responsibilities of FOHT A: A. Lease the Resource Center Site from the City only for the operation of the Resource Center, with the free programs directed at area youth; B. Bear all costs associated with development, construction, operation and maintenance of the Resource Center, based on a development plan to be mutually agreed upon by the City and FOHTA; C. Obtain all necessary approvals to be in compliance with any applicable building, zoning and environmental laws and regulations; D. Engage in fund-raising efforts to fund construction costs and operating expenses of the Resource Center; E. Develop relationships that will provide continued fmandal support for the operational expenses of the Resource Center for the term of the Lease; F. Be the sole operator of the Resource Center for the term of the Lease; G. Operate the Resource Center in a manner compatible with the adjacent and nearby City recreation center and schools; H. Coordinate with the Virginia Beach Parks & Recreation Department and the Virginia Beach Public Schools to determine the Resource Center programs, promotional planning, curriculums and joint use of the City Property, provided that FOHTA shall have ultimate control over the programs to be made available at the Resource Center; 1. Construct the Resource Center improvements within three (3) years of the execution of the Lease; J. Meet architectural and design guidelines to be produced by City to ensure Resource Center is visually and functionally compatible with the recreation center located on the City Property; K. Upon termination of the Lease and all renewal terms, transfer title of all improvements to City; and L. Include a City representative as an ex officio member of the FORT A Board of Directors. Rights and Responsibilities of City: A. Provide a long-term, nominal rent lease for not less than 40 (forty) years for the construction and operation of the Resource Center on the Resource Center Site, subject to procedural requirements and upon such terms as are agreeable to both parties; B. Provide preliminary design and site concepts for the development of the Resource Center through the City's Departments of Parks and Recreation and Economic Development; C. Provide a surveyor exhibit of the Resource Center Site sufficient for identifying the property to be leased; and D. Collaborate with FOHTA, as requested by FOHTA, regarding programming, curriculum and promotion of the Resource Center and furth(~ring the mutually compatible joint use of the City Property. Other Provisions: 1. The name of the Resource Center must include "Williams F ann" consistent with a deed restriction on the property. 2. Either party may terminate the MOU upon 30 days' notice. \\vbgov.comlDFS 1 \Applications\CityLawProd\cycom32\ Wpdocs\DO02\P006\00033919.DOC II 11 II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of property in fee simple for right-of-way for Laskin Road Gateway Project, Phase 2 (CIP 2-143) and the acquisition of temporary and permanent easements, either by agreement or condemnation MEETING DATE: December 8, 2009 . Background: The Laskin Gateway Project (the "Project") is a four-phase project that will provide infrastructure improvements including sanitary sewer, water and stormwater upgrades, and roadway improvements. The overall project extends along the Laskin Road Corridor from Pacific Avenue to the intersection of Laskin Road at 30th Street. The Project's public infrastructure improvements are needed to improve traffic flow and to provide for much needed upgrades and increased capacity to the water and sewer utility systems and the stormwater system. Phase 2 of the Project will create dual left-turn lanes from Laskin Road onto Holly Road; provide traffic signals at the intersections of Holly Road at 3200 St. and Pacific Avenue at 320d; and create a new left-turn lane from Holly Road onto 3200 Street. Phase 1 of the Project is under construction, and Phase 2 is scheduled to begin construction in the winter of 2009/2010. Acquisition of right-of-way and/or easements is required from three properties for Phase 2 and, if not complete in a timely manner, future phases of the Project could be delayed. The locations of the proposed acquisitions are shown on the attached plats. . Considerations: The Department of Public Works is requesting that City Council grant the authority to acquire, by agreement or condemnation, all real property and temporary and permanent easements associated with the Phase 2 of the Project. . Public Information: Advertisement of the publiC hearing in The Virainian-Pilot. Beacon. Citizen Information Meeting was held on September 9, 2009. . Alternatives: Do not authorize the acquisitions. . Recommendations: Staff recommends that Council approve the ordinance as presented. . Attachments: Ordinance, Location Map, Plats Recommended Action: Approve Submitting DepartmentlA~ency: Public Works City Manager~lf--.~~ 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 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY FOR LASKIN ROAD GATEWAY PROJECT, PHASE 2 (CIP 2-143) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, the Laskin Gateway Project (the II Project" ) is 4-phase project that will provide infrastructure improvements including sanitary sewer, water and stormwater upgrades, and roadway improvements. WHEREAS, Phase 2 of the Project will create dual left-turn lanes from Laskin Road onto Holly Road; provide traffic signals at the intersections of Holly Road at 32nd St. and Pacific Avenue at 32nd; and create a new left-turn lane from Holly Road onto 32nd Street. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project to improve transportation within the City and for other related public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to Sections 15.2-1901, et sea., Sections 33.1-89, et sea., and Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee simple, including temporary and permanent easements (the II Property" ), as shown on the plans entitled" Laskin Road Gateway Phase 1-A Project, CIP 2-143 Phase 2 -Interim Traffic Improvements" (" Phase 2 of the Project" ) and more specifically described on the acquisition plats and plans for Phase 2 of the Project (plats and plans collectively referred to as the II Plans"), the Plans being on file in the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said Property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said Property. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day of PREPARED: 11/30/2009 CA-11212 R-1 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d01 0\p006\00031703.doc II II II APPROVED AS TO CONTENT ~(1r~\.J~"---' \Q.lILU..dtJ) Rs<' PUBLIC WORKS/REAL ESTATE 0 APPROVED AS TO LEGAL SUFFICIENCY AND FORM / /-1 ,,~ ~ " It / f", L.- L-~-,/i j "./i CITY A TTOR~n~-Yj' ""'l~/' ..... .. \ \ ~ ~ ~ - ~ ~ ~ ~ '@; '@; '@; to Ii to ~ ~ ~ 'l;i t;,. '4 'R ... "- ;, ~ - - .. '6 i \\I \ \ ~, \ \ 1\ \ (OtiJN W "U':.l~ :lfms .- .13S ~ ~ '@, /IlZ is '<;i ~ '" '-' I I ,~~ c:::a" ~ ~lil... ~ >l fIJZ \ ,.,,- l 0\\\~\ \"i~~t. .. \ ~Ol ~i~-' @~\~~\ \~\~l \ u z - '" m ~ ~ ~;{\~.. t; l t;&l~'-:' ll! H ~ \ ~ lWil- f:\\\~l\.\!\~h~ ~\;b i \::;.J~'" \'5 ~~~ \"~ ';.~. ~ t ~ E .' ~ ... ~ - Zi:' ~ ,.. ~ ~ l %\\i\ 0 ~ ~ It. Q., ~- 'l! t ... . CI\ ~>t ~\ \\\ ,~~ ,~'f _i"} -..... 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("Nextel") has leased from the City a small area on the west side of Indian River Road, north of Chesterbrook Drive, for purposes of maintaining an accessory building housing equipment used in conjunction with a cell tower antenna placed on an existing VEPCO transmission tower located adjacent to the area to be leased. The leased area is part of the Stumpy Lake property Virginia Beach purchased from Norfolk in 2001. The most recent lease expired in November 2009, and Nextel desires to enter into a new 5- year lease under the same terms as the expired lease (with an adjustment for rent). . Considerations: The proposed lease is for a 22.50' X 30.60' area, together with necessary access and maintenance easements, on which the building housing the necessary equipment associated with the wireless antenna is to be located. The proposed lease is for a term of five (5) years and contains no right of renewal; hence, the proposed lease need not be the subject of a bid process. The proposed rent for the first year will be $13,139.85 and will increase by 4% per year for the remaining terms of the lease. Nextel is also required to comply with all terms and conditions of the conditional use permit authorizing the use. . Public Information: The public hearing on the proposed lease has been advertised one time, in accordance with applicable requirements of law. . Alternatives: The City Council may either approve or disapprove the proposed lease. Given that (1) the proposed leased area and equipment building are very small; (2) the operation of the facilities will have no impact on City operations; (3) the use is subject to the conditional use permit as well as the lease, and any expansions will require a new or modified use permit; and (4) the City will realize a revenue stream totaling approximately $67,000 over the next five years, approval is recommended. . Recommendations: Adoption of ordinance. . Attachments: Ordinance, Summary of Material Terms. A full copy of the lease is available in the City Attorney's Office. Recommended Action: Approval ~ Submitting Department/Agency: Parks and Recreation Department ,~~JJ City Manage~..1z ,~~ ?I' II II II 1 AN ORDINANCE TO AWARD A LEASE OF CITY PROPERTY 2 TO NEXTEL COMMUNICATIONS OF THE MID-ATLANTIC, 3 INC., FOR THE PURPOSE OF MAINTAINING AND 4 OPERATING WIRELESS TELECOMMUNICATIONS 5 FACILITIES 6 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain property 9 located on the west side of Indian River Road, approximately 1,260 feet north of 10 Chesterbrook Drive, in the Centerville District (the "Property"); and 11 12 WHEREAS, Nextel Communications of the Mid-Atlantic, Inc. ("Nextel") has leased a 13 portion of the aforesaid property from the City to operate ground equipment for an adjacent 14 communications tower since the City acquired the Property as part of the Stumpy Lake 15 acquisition in 2001; and 16 17 WHEREAS, Nextel desires to continue to lease a portion of the Property, together 18 with easements for vehicular and pedestrian access and for the installation, maintenance 19 and replacement of necessary utilities, wiring, cables and other conduits for the purpose of 20 maintaining and operating the existing wireless telecommunications facilities currently 21 located upon the property; and 22 23 WHEREAS, the most recent lease has expired as of November 14, 2009, and 24 Nextel desires to enter into a new lease upon the same terms and conditions as the 25 expired lease, with an adjustment in the rent due the City; and 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That the City Manager is hereby authorized and directed to execute, on 31 behalf of the City, the lease entitled GROUND LEASE AGREEMENT (ST. MATTHEWS 32 SITE), CITY OF VIRGINIA BEACH, LESSOR AND NEXTEL COMMUNICATIONS OF THE 33 MID-ATLANTIC, INC., LESSEE, a summary of the material terms of which lease is hereto 34 attached and a copy of which is on file in the Office of the City Attorney; 35 36 2. That the revenue from the lease shall be appropriated to the Golf Course 37 Special Revenue Fund (175 Fund). 38 39 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: " r/ , ,?8rks and '---- APPROVED AS TO CONTENT: &~~ CA11249 R-3 November 20, 2009 2 I I ~' II NEXTEL LEASE AGREEMENT (Indian River Road Site) Summary of Material Terms Location: West side of Indian River Road, approx. 1,260 feet north of Chesterbrook Drive Lessee: Nextel Communications of the Mid-Atlantic, Inc. Leased Area: 22.50' x 30.60' site, with access and maintenance easements, for accessory outbuilding housing telecommunications equipment Term: Five years with no right of renewal Rent: $13,139.85 per year (first year), payable in advance, with annua14% increase Other: Same material terms as existing lease II II II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for one year, with four optional one-year renewals, with Transitions Community Development Corporation for 2,010 square feet of City-owned property located at 1467 Old Virginia Beach Road in the City of Virginia Beach MEETING DATE: December 8, 2009 . Background: Transitions Community Development Corporation, a Virginia non- stock corporation ("Transitions"), would like to lease 2,010 square feet of property from the City of Virginia Beach (the "City") located at 1467 Old Virginia Beach Road, in the City of Virginia Beach (the "Property"). Transitions would use the Property for a temporary living program for no more than four (4) residents. The residents will be women in transition from incarceration, in recovery from substance, sexual, and/or physical abuse, or otherwise in need of temporary housing. The Property is improved with an existing residence. . Considerations: This lease would be for a term of one (1) year, with four one- year renewals, and the City has a sixty (60) day termination right. The Property was acquired as a part of the City's BRAC initiative and is located in APZ-1. Transitions will complete noise attenuation measures, at its sole expense, prior to occupation. . Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda . Alternatives: Approve terms of the Lease Agreement as presented, alter terms of the proposed Lease Agreement or decline to lease the subject premises. . Recommendations: Approval . Attachments: Ordinance Summary of Terms Location map Recommended Action: Approval Q Submitting Department/Agency: Management Se~CilitieS Management City Manager:~\ k . ~0'l?4z., 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE 3 YEAR, WITH FOUR OPTIONAL ONE-YEAR 4 RENEWALS, WITH TRANSITIONS COMMUNITY 5 DEVELOPMENT CORPORATION, FOR 2,010 6 SQUARE FEET OF CITY-OWNED LAND LOCATED 7 AT 1467 OLD VIRGINIA BEACH ROAD IN THE CITY 8 OF VIRGINIA BEACH 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 11 certain parcel of land located at 1467 Old Virginia Beach Road in the City of 12 Virginia Beach (the "Property"). 13 14 WHEREAS, Transitions Community Development Corporation, a Virginia 15 non-stock corporation ("Transitions") desires to lease 2,010 square feet of 16 Property as set forth on Exhibit A (the "Premises"). Transitions has agreed to 17 lease the Premises from the City for one year, with four optional one-year 18 renewals, with a lease payment of One Dollar ($1.00) per year. 19 20 WHEREAS, the Premises will be utilized to provide temporary housing for 21 no more than four (4) residents at one time and no other purpose. 22 23 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for the term 27 of one year, with four optional one-year renewals, between Transitions and the 28 City, for the Premises in accordance with the Summary of Terms attached 29 hereto, and such other terms and conditions deemed necessary and sufficient by 30 the City Manager and in a form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 33 day of , 2009. APPROVED AS TO LEGAL SUFFICIENCY AND APPROVED AS TO CONTENT Facilities City Attorney CA11216 \ 'vbgov.com'DFS 1 \Applications'CityLawProd\cycom32\ Wpdocs\D0201PO06\000328 70.DOC R-1 November 24, 2009 I I ~ II SUMMARY OF TERMS LEASE FOR THE TJSE OF 2,010 SQUARE FEET OF CITY REAL PROPERTY LESSOR: City of Virginia Beach LESSEE: Transitions Community Development Corporation PREMISES: Approximately 2,010 square feet of City property, including the existing residence, located at 1467 Old Virginia Beach Road in the City of Virginia Beach TERM: December 15,2009 through December 14, 2010 RENEWAL: Four (4) optional one-year terms. TERMINATION: City may terminate at any time on sixty (60) days written notice to Lessee. RENT: Rent shall be one dollar ($1.00). RIGHTS AND RESPONSffiILITIES OF TIDEWATER REGIONAL GROUP HOME COMMISSION: · Will use the Premises for a temporary living program providing residential housing for no more than four (4) residents at one time and for no other purposes. · Will complete noise attenuation required by City Code at its sole expense. · Will keep, repair, and maintain the Premises at its expense and will do so in a workmanlike manner. · Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. · Will assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. · Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including Virginia Beach Code Section 23-59. RIGHTS AND RESPONSffiILITIES OF THE CITY: · Will have access to the Premises at any time, without prior notice, in the event of an emergency. · Will have the right to grant easements and rights of way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. \\vbgov.comIDFS IlApplications\CityLawProdlcycom32\ WpdocsID020IP006\00032871.DOC I I ~ II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the United States Department of Energy MEETING DATE: December 8, 2009 . Background: The City of Virginia Beach has received a $4,042,000 grant award from the U.S. Department of Energy through the 2009 American Recovery and Reinvestment Act Energy Efficiency and Conservation Block Grant Program. The purpose of the funding is to empower local communities to make strategic investments to meet the nation's long term goals for energy independence and leadership on climate changes. . Considerations: This grant will provide the City of Virginia Beach funding for an energy communications program, technical consultant services studies, energy efficiency retrofits, renewable energy technologies, hybrid vehicle purchases, and data center energy reducing upgrades. The grant period is December 2009 through November 2012. There is no local match requirement for this grant. . Public Information: Public information will be handled through the normal Council agenda process. . Alternatives: No other funding is available for these projects at this time. . Recommendations: It is recommended that City Council accept and appropriate the grant award of $4,042,000 for energy efficiency and conservation initiatives. . Attachment: Ordinance City Manager: ~~,~~ Recommended Action: Approval of Ordinance nt/Agency: Office of the City Manag 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF ENERGY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $4,042,000 is hereby accepted, with federal revenue increased accordingly, from the United States Department of Energy, and appropriated to the FY 2009-10 Operating Budget of the following agencies and departments as set forth below: a. $200,000 to the Department Communications and Information Technology for energy reducing data center upgrades; b. $250,000 to the Department of Planning and Community Development for a wind demonstration project; c. $1,799,980 to the Department of Public Works for energy saving building retrofits, assistance in the purchase of hybrid vehicles, and two studies; d. $1,649,705 to the Virginia Beach Public Schools for energy saving building retrofits; and e. $142,315 to the City Manager's Office for staff time for grant administration, an energy education program, and a carbon footprint assessment project. 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 of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: JJO/l:.r)Q R^,,{~ Management Services ;,Q'~ --- (ty Atf"orney's Office CA11344 R-2 November 25, 2009 I I ~. II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolutions (2) for Recovery Zone Economic Development Bonds MEETING DATE: December 8, 2009 . Background: On October 27, 2009, Finance Director Patti Phillips presented to City Council the Recovery Zone Economic Development Bond Program under the American Recovery and Reinvestment Act ("Stimulus Act"). This Bond Program under its first allocation provides for $4,996,000 in Recovery Zone Economic Development Bonds ("Bonds") to the City with a subsidy of 45% of the interest paid on the Bonds (the Stimulus Act requires this type of bond be taxable with the subsidy offsetting the increased interest rate for taxable bonds). This subsidy makes for an attractive financing, which the City is pursuing as part of the Virginia Municipal Leaguel Virginia Counties ("VMLNACO") Recovery Act Bond Pool. In addition, the City will seek from the State a second allocation of these bonds, up to $4 million, which will likewise be a part of the pool if possible. . Considerations: There are two resolutions before City Council. The first resolution designates a Recovery Zone area as shown in Exhibit A attached to the resolution. Ms. Phillips outlined this area, known generally as the 19th Street Corridor, in her presentation on the 27th and provided certain financial and economic data that designated this area as having "general distress" for the purpose of issuing Recovery Zone Bonds. The second resolution provides for the issuance and sale of the City's General Obligation Bonds in the maximum amount of $9.3 million to VMLNACO and to participate in the VMLNACO Recovery Zone Bond Pool. The not-to-exceed amount of the bonds includes an anticipated second allocation of Recovery Zone Bonds from the Commonwealth of Virginia. If a second allocation is not received, the bonds will be issued in an amount not-to-exceed the current allocation, $4,996,000. This resolution authorizes the City Manager to enter into a sale agreement with VMLNACO with the principal amount and interest rates to be determined by the City Manager as long as the true interest cost on the bonds shall not exceed 6.5%. The issuance of these bonds is a substitution of Charter bonds and is not a new authorization of debt. VMLNACO plans on selling its bonds in January 2010. The Commonwealth's Recovery Zone guidelines require that the City approve recovery zone projects by December 15, 2009 and issue bonds by March 15, 2010. After the sale of the bonds, the results will be presented to City Council. . Public Information: A briefing to City Council on October 27, 2009 and notice through the normal Council agenda process . Alternatives: The City could refuse the allocation and issue its tax exempt general obligation bonds as part of its Charter debt. However, the 45% subsidy offers a lower overall financing. In addition, the City could issue these bonds with its annual general obligation sale without using VMLNACO. . Recommendations: It is recommended that City Council approve the two resolutions designating the Recovery Zone area and issuing the General Obligation Bonds through VMLNACO or, if the City Manager determines it is in the best interest of the City, to issue these bonds directly by the City. . Attachments: Resolution Designating the Recovery Zone; Resolution for the Issuance and Sale of Recovery Zone Economic Development Bonds; Loan Agreement; Local Bond Sale Agreement. Recommended Action: Approval of Resolution Submitting Department/Agency: Department of Finance City Manage~~ ~ .~~ -'.., ''0.' -,";L;'...L-'~ I I ~ 1'1 COUNCIL 12 8 09 RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED $9,300,000 THROUGH A POOL BOND PROGRAM ADMINISTERED BY THE VIRGINIA LOCAL GOVERNMENT FINANCE CORPORATION OR DIRECTLY BY THE CITY, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The issuance of $68,700,000 of bonds of the City was authorized by an ordinance adopted by the City Council of the City of Virginia Beach, Virginia (the "City Council") on May 13, 2008, without being submitted to the qualified voters of the City, to finance various public improvements, including schools, roadways, coastal projects, economic and tourism projects, building and parks and recreation projects, $7,148,112 of which bonds have been issued and sold. The American Recovery and Reinvestment Act of 2009, Pub. L. No. 115-5, 123 Stat. 115 (2009) (the "Stimulus Act") added sections 1400U-1 through 1400U-3 to the Internal Revenue Code of 1986, as amended (the "Code"), authorizing state and local governments, including cities such as the City, to designate "recovery zones" for the purposes of issuing Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds. The City has received an allocation pursuant to the Stimulus Act enabling it currently to issue up to $4,996,000 in Recovery Zone Economic Development Bonds, and the City plans to seek additional issuing authority under a Recovery Zone Bond re-allocation program to be established by the Commonwealth of Virginia pursuant to the Governor's Executive Order Number 94 (2009), issued on September 30,2009. The City Council has by resolution designated the 19th Street Corridor within the City as a recovery zone and desires to issue directly or indirectly one or more series of Recovery Zone Economic Development Bonds, 45% of the interest on which is to be paid by the u.s. Treasury Department pursuant to the Stimulus Act, to fund or reimburse qualifying expenditures within the recovery zone as permitted by Section 1400U-2 of the Code. The City has applied to the Virginia Local Government Finance Corporation, a Virginia nonstock, nonprofit corporation (the "Program Administrator"), for the Industrial Development Authority of the County of Stafford and the City of Staunton, Virginia (the "Issuer") for the purchase of the City's general obligations bonds and the Issuer has indicated its willingness to purchase such bonds from the proceeds of its Recovery Zone Pool Bond Program to be funded through the Issuer's Revenue Bonds (Recovery Zone Bonds Program), Series 2010A (the "RZ Pool Bonds"), in accordance with the terms of (i) a Loan Agreement to be dated as of a date specified by the Issuer, between the Issuer and the City (the "Loan Agreement") and (ii) a Local Bond Sale Agreement to be dated the date of sale of the RZ Pool Bonds, between the Issuer and the City (the "Local Bond Sale Agreement"), the forms of which have been presented to this meeting. The City Council has determined it is in the City's best interest to issue and sell up to $9,300,000 of the bonds authorized on May 13,2008 to fund capital expenditures within the 19th Street Corridor Recovery Zone for the purpose of promoting development or other economic activity within the zone. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY: 1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation bonds of the City in the maximum principal amount of $9,300,000 (the "Bonds"). The proceeds of the Bonds will be used to payor reimburse certain qualifying expenditures including property acquisition within the 19th Street Corridor Recovery Zone (the "Project") as permitted by Code Section 1400U-2, and to pay certain costs of issuance ofthe Bonds. The Project and the expenditure of proceeds of the Bonds for Project costs are hereby approved. 2. Authorization of Loan Ae:reement. The form of the Loan Agreement submitted to this meeting is hereby approved. The City Manager is authorized to execute the Loan Agreement in substantially such form, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by such official, whose approval shall be evidenced conclusively by the execution and delivery thereof. The issuance and sale of the Bonds to the Issuer shall be upon the terms and conditions of the Loan Agreement. The proceeds of such bonds shall be applied in the manner set forth in the Loan Agreement. All capitalized terms used but not otherwise defined herein shall have the same meaning as set forth in the Loan Agreement. 3. Bond Details. The Bonds shall be issued as one or more registered bonds, shall have the description and terms set forth in the form of Bond attached as Exhibit A (the "Bond Form") shall be in the principal amount not to exceed the amount set forth above and shall mature no later than 22 years after the date oftheir initial delivery. The City Council authorizes the issuance and sale of the Bonds on terms as shall be satisfactory to the City Manager; provided, however, that the Bonds shall have a "true" interest cost not to exceed 6.5% (taking into account any expected subsidy payments related to the RZ Pool Bonds and allocable to the Bonds, but exclusive of Additional Payments), shall be sold to the Issuer at a price not less than 98% of the aggregate principal amount of the Bonds (exclusive of any original discount on the RZ Pool Bonds allocable to the Bonds), and shall be subject to optional redemption upon the terms set forth in the Loan Agreement. Subject to the preceding terms, the City Council further authorizes the City Manager to (a) determine the final principal amount of the Bonds and (b) establish the amortization schedule (including the principal installment dates and amounts) for the Bonds in such manner as the City Manager shall determine to be in the best interest of the City. Following the pricing of the RZ Pool Bonds, the City Manager shall evidence his approval of the final terms and purchase price of the Bonds by executing and delivering to the 2 II! 1'1 Issuer the Local Bond Sale Agreement, which shall be in substantially the form presented to this meeting, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager. The actions of the City Manager in determining the final terms and the purchase price of the Bonds shall be conclusive, and no further action shall be necessary on the part of the City. The principal of and premium, if any, and interest on the Bonds shall be payable in lawful money of the United States of America. 4. Payment and Redemption Provisions. The principal of and premium, if any, and interest on the Bonds shall be payable as set forth in the Bonds and the Loan Agreement. As set forth in the Loan Agreement, the City agrees to pay from legally available funds the Additional Payments. The City may, at its option, redeem, prepay or refund the Bonds upon the terms set forth in the Loan Agreement. 5. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor, shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 6. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 7. Plede:e of Full Faith and Credit. The full faith and credit of the City are hereby irrevocably pledged for the payment of principal of and premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of and premium, if any, and interest on the Bonds. 8. Ree:istration. Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a qualified bank or trust company as successor paying agent and registrar of the Bonds. The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 5, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate and registered in the name as requested 3 by the then registered owner thereof or its duly authorized attorney or legal representative. Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date set forth in the Bond. 9. Mutilated. Lost or Destroved Bonds. If any Bond has been mutilated, lost or destroyed, the City shall execute and deliver a new Bond of like date and tenor in exchange and substitution for, and upon cancellation of, such mutilated Bond or in lieu of and in substitution for such lost or destroyed Bond; provided, however, that the City shall so execute and deliver only if the registered owner has paid the reasonable expenses and charges of the City in connection therewith and, in the case of a lost or destroyed Bond, (a) has filed with the City evidence satisfactory to the City that such Bond was lost or destroyed and (b) has furnished to the City satisfactory inderimity. 10. Preparation and Delivery of Bonds. The officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver them to the Issuer as the purchaser thereof upon receipt of the Purchase Price from the Issuer as set forth in the Loan Agreement and the Local Bond Sale Agreement. 11. Arbitrae:e Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds or the RZ Pool Bonds to be "arbitrage bonds" (within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code")), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owner thereof under existing law or cause the RZ Pool Bonds to not qualify as "recovery zone economic development bonds" (within the meaning of Section 1400U-2 of the Code). Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds or the RZ Pool Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being included in the gross income for federal income tax purposes of the registered owners thereof under existing law or to prevent the RZ Pool Bonds from not qualifying as "recovery zone economic development bonds" (within the meaning of Section 1400U-2 of the Code). The City shall pay any such required rebate from legally available funds. 12. Tax Compliance Documentation. Such officers of the City as may be requested are authorized and directed to execute and deliver any documentation necessary to establish the exemption from gross income for federal income tax purposes of interest on the Bonds or the qualification of the RZ Pool Bonds as "recovery zone economic development bonds" (within the meaning of Section 1400U-2 of the Code) as may be approved by the officers of the City executing such documents, whose approval shall be evidenced conclusively by the execution and delivery thereof. 4 II! 1'1 13. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the RZ Pool Bonds or the facilities financed with the proceeds of the Bond or the RZ Pool Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141 (b) of the Code, (b) 5% or more of such proceeds or the facilities financed with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), (within the meaning of Section 141(b)(4) of the Code), or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law or to prevent the RZ Pool Bonds from not qualifying as "recovery zone economic development bonds" (within the meaning of Section 1400U-2 of the Code), the City need not comply with such covenants. 14. Official Statement. The City authorizes and consents to the inclusion of information with respect to the City contained in the Issuer's Preliminary Official Statement and the Issuer's Official Statement in final form, both prepared in connection with the sale of the RZ Pool Bonds. 15. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 16. Allocation of Volume CaD for Recovery Zone Economic DeveloDment Bonds. The City Council of the City hereby allocates all of its current volume cap for Recovery Zone Economic Development Bonds to the RZ Pool Bonds or to the Bonds as determined by the City Manager and, to the extent required, the City Manager is hereby authorized to make any designation or take any other actions needed to issue either the RZ Pool Bonds or the Bonds as Recovery Zone Economic Development Bonds. The City Manager is further authorized to take any action needed with respect to additional volume cap reallocated to the City pursuant to Executive Order 94 (or any subsequent Executive Order addressing the same) of the Governor of Virginia. It is hereby determined that the Project will promote development or other economic activity and is for a qualified economic development purpose (within the meaning of Section 1400U-2 of the Code). 17. Authorization to City Mana2er. Notwithstanding any other provision of this Resolution, in lieu of issuing the Bonds through the RZ Pool Bonds program, the City may issue the Bonds as Recovery Zone Economic Development Bonds directly to the public upon the City Manager's determination that it is in the City's best interest to do so, and the City Manager may make all necessary designations in connection therewith. Upon such determination, the City Manager is hereby authorized to cause the Bonds to be issued without further approval by City 5 Council within the parameters of (i) the principal amount, (ii) term to maturity and (iii) "true" interest cost (taking into account expected federal subsidy payments) as set forth in paragraph 3 of this Resolution, and with redemption terms established by the City Manager in consultation with the City's Financial Advisor. Further, upon such determination by the City Manager, the Bonds shall be issued using a Preliminary Official Statement and Notice of Sale substantially in the forms of such documents presented to and approved by City Council in connection with the City's General Obligation Refunding Bonds, Series 2009A and 2009B, to be issued, and may be included for sale as a series of bonds with such refunding bonds, any other series of bonds or sold separately as the City Manager may determine. Such documents shall be revised or updated to reflect terms deemed necessary or appropriate for the issuance of the Bonds, and the form of such Bond shall be substantially in the form of bond approved for the Series 2009A and 2009B Bonds. The City Manager and officers of the City are further authorized to perform such acts and sign such documents deemed necessary or appropriate in connection with the issuance and sale of the Bonds as is customary in connection with the issuance of general obligation bonds of the City, as generally reflected in the resolution approving the Series 2009A and 2009B Bonds. 18. Statement of Intent to Issue Bonds. In the event the City Manager determines it is in the City's best interest to issue Recovery Zone Economic Development Bonds directly, as opposed to issuing such bonds through the RZ Pool Bonds program, the City Council hereby expresses its intent to issue such bonds by way of competitive sale as a part of the City's general obligation refunding bond sale presently scheduled for January 2010 or such other competitive sale of the City. 19. Other Actions. All other actions of officials of the City in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond are ratified, approved and confirmed. The officials of the City are authorized and directed to execute and deliver all certificates and other instruments considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds pursuant to this Resolution, the Loan Agreement and the Local Bond Sale Agreement. 20. Concurrence in the Resolution of the Issuer. The City Council of the City concurs with the resolution of the Issuer adopted or to be adopted by the Issuer in connection with the issuance of the RZ Pool Bonds as required by Section 15.2-4905 of the Code. 21. ReDeal of Conflictinl! Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 22. Effective Date. This Resolution shall take effect immediatdy. 6 II!' II Exhibit A - Form of Bonds REGISTERED No. R- REGISTERED $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Bond (Recovery Zone Project) Series 2010_ '- DATED DATE , 2010 CUSIP N/A INTEREST RATE MATURITY DATE % REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Virginia Beach, Virginia (the "City"), a political subdivision of the Commonwealth of Virginia, for value received, acknowledges itself in debt and promises to pay to the Industrial Development Authority of the County of Stafford and the City of Staunton, or its registered assigns or legal representative ("Issuer"), solely from the sources hereinafter described and pledged to the payment of this bond the principal sum of DOLLARS ($ ). Principal of this bond shall be payable in annual installments in the amounts and on the dates set forth in Schedule I attached hereto. Interest on this bond shall be payable on each and , commencing , _, computed on the basis of a 360-day year of twelve 30-day months at the rates set forth in Schedule I. If any installment of principal of and interest on this bond is not paid to the registered owner of this bond within ten days after its due date, the City shall pay to the Issuer a late payment charge in an amount equal to two and one-half percent (2 1/2%) of the overdue installment. Subject to the provisions of the Loan Agreement dated as of (the "Loan Agreement"), between the Issuer and the City, so long as this bond is held by the Issuer or its registered assigns or legal representative, interest is payable by check or draft mailed to the registered owner of this bond at the address that appears on the 15th day of the month preceding each interest payment date (the "Record Date") on the registration books kept by Treasurer of the City, who has been appointed registrar and paying agent, or any successor bank or trust company (the "Registrar"). Principal of and premium, if any, and interest on this bond shall be payable in lawful money of the United States of America. In case any payment date on this bond shall not A-I be a Business Day (as defined below), then payment of principal, premium, if any, and interest need not be made on such date, but may be made on the next succeeding Business Day, and, if made on such next succeeding Business Day, no additional interest shall accrue for the period after such payment date. "Business Day" means any Monday, Tuesday, Wednesday, Thursday or Friday on which commercial banking institutions generally are open for business in New York and Virginia. This bond has been authorized by a resolution adopted by the City Council of the City on December _, 2009 (the "Bond Resolution"), and is issued pursuant to the Constitution and the Public Finance Act of 1991, and the Loan Agreement. Proceeds of this bond will be used to provide funds to (a) finance the Project as defined in the Resolution, and (b) pay the issuance and fmancing costs incurred in issuing this bond. The full faith and credit of the City are irrevocably pledged for the payment of principal of and premium, if any, and interest on this bond and the performance of the City's obligations under the Loan Agreement. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council of the City shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of and premium, if any, and interest on this bond. The City agrees to pay from legally available funds the Additional Payments as defmed in the Loan Agreement. This bond may be redeemed, prepaid or refunded at the option of the City upon the terms set forth in the Loan Agreement. This bond is issuable as a fully registered bond. Upon surrender of this bond at the Registrar's office, together with an assignment duly executed by the registered owner or such owner's duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate lmd deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Resolution, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rates and in the same manner, and registered in such names as requested by the then registered owner of this bond or such owner's duly authorized attorney or legal representative. Any such exchange shall be at the City's expense, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect to it. The Registrar shall treat the registered owner of this bond as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and this bond, together with all other indebtedness of the City, is within every debt and other limitation prescribed by the Constitution and statutes of the Commonwealth of Virginia. A-2 I I~! 1'1 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-3 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration th(:reof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. A-4 II! 1'1 Principal Installment Number SCHEDULE I TO CITY OF VIRGINIA BEACH, VIRGINIA GENERAL OBLIGATION BOND (RECOVERY ZONE PROJECT) SERIES 2010 Principal Installment Amount Principal Installment Due Date [to be completed after pricing of the RZ Pool Bonds] A-5 Interest Rate Requires an affirmative vote by a majority of the members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this _ day of December, 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , /) D/1 ,A 1 (::/;J;;.~JU DvJu1~L- Finance Department ~~~ ~ Ci ttorney's Office II CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on December _, 2009, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT/ABSENT: VOTE: William D. Sessoms, Jr., Mayor Louis R. Jones, Vice Mayor Glenn R. Davis Bill R. DeSteph Harry E. Dieze1 Robert M. Dyer Barbara M. Heruey John E. Uhrin Ronald A. Villanueva Rosemary Wilson James L. Wood / - - / - - / - - / - - / - - / - - / - - / - - / - - / - - / - - / 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on December _, 2009. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this _st day of December, 2009. Clerk, City Council of the City of Virginia Beach, Virginia (SEAL) 1885783vl COUNCIL 12_8_09 RESOLUTION DESIGNATING AN AREA OF THE CITY OF VIRGINIA BEACH, VIRGINIA KNOWN AS THE 19TH STREET CORRIDOR AS A RECOVERY ZONE PURSUANT TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 The American Recovery and Reinvestment Act of 2009, Pub. L. No. 115-5, 123 Stat. 115 (2009) (the "Stimulus Act") added sections 1400U-1 through 1400U-3 to the Internal Revenue Code of 1986, as amended (the "Code"), authorizing state and local governments, including cities such as the City of Virginia Beach, Virginia (the "City"), to designate "recovery zones" for the purposes of issuing Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds (such bonds are referred to collectively as "Recovery Zone Bonds"). Pursuant to the Stimulus Act, the term "recovery zone" means (i) any area designated by the issuer as having significant poverty, unemployment, rate of home foreclosures, or general distress, (ii) any area designated by the issuer as economically distressed by reason of closure or realignment of a military installation pursuant to the Defense Base Closure and Realignment Act of 1990, and (iii) any area for which a designation as an empowerment zone or renewal community is in effect as of the effective date of the Stimulus Act, which effective date was February 17,2009. The Stimulus Act imposes a national bond volume limitation (the "volume cap") for Recovery Zone Bonds and requires issuance of such bonds by January 1, 2011. In Internal Revenue Service Notice 2009-50 (the "IRS Notice") issued pursuant to the Stimulus Act, the City's allocation includes $4,996,000 of volume cap for Recovery Zone Economic Development Bonds, which are taxable governmental bonds that may be used to finance expenditures for certain "qualified economic development purposes. The IRS Notice provides that any state, county or large municipality that receives a volume cap allocation for Recovery Zone Bonds may make the designations of recovery zones in any reasonable manner as it shall determine in good faith in its discretion. By Executive Order Number 94 (2009), dated September 30, 2009, the Governor of the Commonwealth of Virginia established procedures to be followed by local governments to reserve Recovery Zone Bond volume cap allocated pursuant to the Stimulus Act, including, filing by November 2, 2009 of a notice of intent to issue Recovery Zone Bonds, filing by December 15, 2009 of a Project Verification Report, containing, among other things, documentation evidencing establishment of one or more recovery zones and approval of the projects to be undertaken, and issuance by March 15,2010 of Recovery Zone Bonds. The City Council of the City (the "Council") desires to de:signate a recovery zone in order to permit the issuance of Recovery Zone Bonds pursuant to the Stimulus Act and to satisfy a requirement of the Governor's Executive Order for reserving Recovery Zone Bond volume cap. II BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. Findine:s: Desie:nation of Recovery Zone. The Council hereby finds and determines, based upon certain financial information and economic data presented to the Council, including median income, household income, number of residents at or below the federal poverty level and the number of federally subsidized housing units, that the area of the City known as the 19th Street Corridor, shown on Exhibit A attached hereto and made a part hereof, is experiencing significant general distress when compared to the City as a whole. Based on such findings, the Council hereby designates the area shown on Exhibit A as a "recovery zone" for the purpose of issuing Recovery Zone Bonds. The recovery zone so designated shall be identified as the 19th Street Corridor Recovery Zone (the "Recovery Zone"). Section 2. Authorizations. The Council authorizes the City Manager to make or effect any, election, selection, designation, approval, consent, filing or waiver regarding volume cap allocations, including re-allocations of such volume cap to City-related entities, as the City is permitted or required to make or give under the Stimulus Act or under procedures or policies adopted by the Commonwealth of Virginia pursuant to Executive Order Number 94 (2009). The City Manager is further authorized to develop guidelines for the use of Recovery Zone Bonds and seek additional or supplemental Recovery Zone Bond volume cap from any re- allocation process established under such Executive Order and any amendments thereto. The authorization herein granted to the City Manager may be delegated by the City Manager in his discretion to one or more officers of the City. Section 3. Other Actions. All actions of the officers, staff and agents of the City previously taken that are in conformity with the intent and purpose of this Resolution and in furtherance of the designation of the Recovery Zone are hereby ratified, approved and confirmed. The officers and staff of the City are authorized and directed to take all such further action as may be considered necessary or desirable in connection with the intent and purpose of this Resolution, including taking all necessary steps to identify projects for which the issuance of Recovery Zone Bonds would be appropriate. Section 4. upon its adoption. Effective Date. This Resolution shall take effect immediately Exhibit A - Recovery Zone Area - 2- Adopted by the City Council of the City of Virginia Beach, Virginia, this _ day of December, 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /QJt~ ----. Citi Attoniey s O{fite- - - 3 - .... \C >-l :~ ~~t'1j ~O~ ~~~ ~~= ~~~ ON> ~~ ~~ o == II (") ii' QI .., N o .:::I .. . , '4' , " rf \ 'f:Io ~ , t:i \ \ <1- 'i ',_,: '.-,--\- 'f _, _ I '_-- , \ , 1_-- ~ N ... ) !t u: ~ ;7"- ~ / ~ --~--. ".'~ ~'~ 0);;~ I \ ~ ii' ~,I 1 ~ ~- -- " Q ~-r I ~'l ~ "", ,,) , \ I, II -, ~ '\ i'- r-I ~ Q , i ~ --'.~', '," \~,. Jr1-- , ", - I I ..\--'j- \ ." '\ ~ 'So --.., '.Jr- \ I I. -- :s. ~ .J--- .. I ~__,i,- ". ., .. "_~--'~- \'-a--l I",__~_- II " i, 't \ J.-- -r, ~ \ _~... .. ! .,-- i '. I " I " _,-- i I ~ i. __y , ," '. ' I I, .. _~'-'-, '. ' <JII ';. ~---T, \ '. I , .. ' '."', " , I I :0\ _+ - '. I ' .. .. I,"~" I I I '. i__l.-" i", " __.. I I ......,- I , , I 'p--'; I >.. '...---r I, ',-..--. .. I. L.-.r-."., I " .-r " , -.. I 'i I I -" I, .. "J.,...-"--~" I I I ._j I" oj. ,"', 'I I J-- 1 "-...,.. ..L...-....- '. ' 'I \ " I, \ ..\,---1;- I I .. I"-.l---! , ~\ -~;..A--\'~'~ '... \ i,~ j ..tl---\ \6 ..; ,',j.__!-- ,.-'!' .. I, , "'. ".',' l'> ~~. / ~ l!. '. " '. .-'r'-' '. I, ~ ~ ~ ... .. -'\'---r .. ',: \1 __-., ~ 'l;-'--r' ~~.. \. _i-J r ~ I I , , I . \ ) " -.".\. r'~ '..,." . I r"'(;tt--.... I ..,..~ " , .- .....- t . .1--.- i .....-- I .l<_'- ~ t J---- l--- /~ . \ l.J'.} CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on December _, 2009, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT I ABSENT: VOTE: William D. Sessoms, Jr., Mayor Louis R. Jones, Vice Mayor Glenn R. Davis Bill R. DeSteph Harry E. Diezel Robert M. Dyer Barbara M. Henley John E. Uhrin Ronald A. Villanueva Rosemary Wilson James L. Wood I - - I - - / - - I - - / - - / - - / - - / - - / - - / - - I - - / 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on December _,2009. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this _ st day of December _, 2009. Clerk, City Council of the City of Virginia Beach, Virginia (SEAL) 1871943v3 205182.000133 1871943v3 II ~ '.b iiJ LOCAL BOND SALE AGREEMENT This LOCAL BOND SALE AGREEMENT is made as of , 2010 (this "Agreement"), between the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF STAFFORD AND THE CITY OF STAUNTON, VIRGINIA (the "Issuer") and the CITY OF VIRGINIA BEACH, VIRGINIA ("the "Locality"). The Issuer hereby offers to enter into this Agreement with the Locality, which, upon the Locality's written acceptance of this offer, shall be binding upon the Issuer and the Locality. This offer is made subject to the Locality's written acceptance hereof this day on or before 6:00 p.m. Richmond, Virginia time, and, if not so accepted, shall be subject to withdrawal by the Issuer at any time prior to the acceptance hereof by the Locality. Subject to the terms and conditions and in reliance upon the representations, warranties and agreements set forth or incorporated herein, the Issuer hereby agrees to purchase from the Locality, and the Locality agrees to sell and deliver to the Issuer, all, but not less than all, of the $ aggregate principal amount of the Locality's General Obligation Bonds, Series 2010A (the "Local Bonds"). Such purchase shall be funded from proceeds of the Issuer's Revenue Bonds (Recovery Zone Bonds Program), Series 2010A (the "RZ Pool Bonds") in the aggregate amount set forth in Appendix A (the "Purchase Price"). Pursuant to a resolution previously adopted by the Locality (the "Authorization"), a copy of which has already been provided to the Issuer, the Locality is authorized to issue and sell to the Issuer its Local Bonds. The Issuer and the Locality agree that the payment dates, principal installment amounts, and interest rates applicable to the Local Bonds shall be as set forth in Appendix A hereto. The amount of the Purchase Price set forth in Appendix A hereto has been calculated for each Local Bond as follows: (a) the aggregate principal amount of the respective Local Bond, plus/minus (b) the Locality's allocable share of net original issue premium/discount of the RZ Pool Bonds and minus (c) the Locality's allocable share of the Issuer's costs of issuance (including the Underwriter's discount) on the corresponding series of the RZ Pool Bonds. [Revise as appropriate to address required equity contribution, if any, for COI above 2% limit] By 10:00 a.m., Richmond, Virginia time, on the date identified as the closing date in Appendix A, or such other later date or time to which the Issuer may specify in writing (the "Closing Date"), the Locality agrees to cause the Local Bond and the documents described in Section 4.03 of the Loan Agreement to be dated as of ,2010 (the "Loan Agreement"), to be entered into between the Issuer and the Locality to be delivered to the Issuer at the offices of Hunton & Williams LLP, Richmond, Virginia, or at such other place as the Issuer may specify in writing. The Local Bond shall be dated the date of this initial delivery and registered in the name of the Issuer. 1 The representations and warranties of the Locality set forth in Section 2.01 of the current draft of the Loan Agreement (dated , 2010) are incorporated herein and are accurate in all material respects as of the date hereof. Notwithstanding anything herein to the contrary, the obligations of the Issuer to purchase the Local Bonds and to enter into the Loan Agreement are subject to the following conditions (unless waived by the Issuer in its sole discretion): (a) the accuracy of the representations and warranties of the Locality incorporated into this Agreement, as of the date of this Agreement and as of the Closing Date, and (b) the payment of the full purchase price for, and the receipt of, the RZ Pool Bonds by the Underwriters; and ( c) the receipt by the Issuer of the documents specified in Section 4.03 of the Loan Agreement. Any notice or other communication to be given to the Issuer or the Locality under this Agreement may be given by telecommunication followed by overnight express delivery or first class mail to the following address: ISSUER: Industrial Development Authority of the County of Stafford and the City of Staunton c/o VMLN ACo Finance Program P.O. Box 2061 Richmond, VA 23218 Emai1: Te1ecopy: (804) 783-2286 LOCALITY: As set forth in Appendix A. The Issuer will cause to be paid, solely from the proceeds of the RZ Pool Bonds the costs and expenses incurred in connection with the issuance of the RZ Pool Bonds (including each Locality's proportionate share of such costs), including, but not limited to: (i) the cost of preparing and delivering the RZ Pool Bonds, (ii) the cost of preparing, printing and delivering the Preliminary Official Statement and the Official Statement for the RZ Pool Bonds and any amendment or supplement to the Official Statement, (iii) the fees and expenses of the Issuer's Bond Counsel, and (iv) all other costs and expenses incurred by the Issuer in connection with the issuance, sale and delivery of the RZ Pool Bonds. The Locality agrees to pay all of its other expenses, including, but not limited to, the fees and disbursements of the Locality's bond counsel, either from the Purchase Price of the Local Bonds or from other legally available funds of the Locality. In case anyone or more of the provisions of this Agreement, for any reason, is held to be illegal and invalid, such illegality or invalidity will not affect any other provisions of this 2 II Agreement, and this Agreement shall be construed and enforced as if such illegal or invalid provisions had not been contained in it. This Agreement may be executed in counterparts. This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF STAFFORD AND THE CITY OF STAUNTON, VIRGINIA By: Its: [THE SIGNATURE PAGE TO LOCAL BOND SALE AGREEMENT] 3 Accepted and agreed to as of ,2010. CITY OF VIRGINIA BEACH, VIRGINIA By: Printed Name: Title: [LOCALITY SIGNATURE PAGE TO LOCAL BOND SALE AGREEMENT] 4 II 1. Purchase Price: $ 2. [Required Equity contribution $ 1 3. Closing Date: 4. Dated Date: 5. Locality's Primary Contact: [Name] [Title] City of Virginia Beach Municipal Center 2401 Courthouse Drive Virginia Beach V A 23456 Email: Telecopy: 6. Maturities and Interest Rates: Date Amount A-I 76464.000002 EMF_US 29081702vl APPENDIX A Interest Rate ..~ ' J LOAN AGREEMENT By and Between INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF STAFFORD AND THE CITY OF STAUNTON, VIRGINIA and CITY OF VIRGINIA BEACH, VIRGINIA Dated as of 1,2010 RELATING TO LOAN OF PROCEEDS OF INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF STAFFORD AND THE CITY OF STAUNTON, VIRGINIA TAXABLE REVENUE BONDS (RECOVERY ZONE BOND PROGRAM), SERIES 201 OA , II II LOAN AGREEMENT T ABLE OF CONTENTS Page ARTICLE I DEFINITIONS SECTION 1.01. Definitions.................. ................ ..... ..... ..................... .................. ............. ..........2 SECTION 1.02. Rules of Construction. ................ .......................................................................6 ARTICLE II REPRESENTATIONS, WARRANTIES AND COVENANTS SECTION 2.01. Representations and Warranties of Borrower ....................................................7 SECTION 2.02. Covenants of Borrower ....................... ............ ............... .............. ......................9 ARTICLE III THE LOAN SECTION 3.01. The Loan ........................................................................................................ ..12 SECTION 3.02. Evidence of Loan ..... ............ ........... ....... .................. ...... ....... ................... ........12 ARTICLE IV LOAN TERM AND LOAN CLOSING REQUIREMENTS SECTION 4.01. Commencement of Loan Term ........................................................................12 SECTION 4.02. Termination of Loan Term........ .......... ....... .................................... ..................12 SECTION 4.03. Loan Closing Submissions........... ..... ..................... ......... ....... ..........................12 ARTICLE V LOAN REPAYMENTS SECTION 5.01. Payment of Basic Payments...... .......................... .............................................13 SECTION 5.02. Payment of Additional Payments..... ........................... ......... ............................14 SECTION 5.03. Interest Earnings or Investment Losses and Excess Payments........................14 SECTION 5.04. Obligations of Borrower Unconditional ..........................................................15 SECTION 5.05. Refunding Bonds ............... .......... ....................... ........... ..... ................. ............15 SECTION 5.06. Prepayment .................. ................ ............ ..... ................. .............. ........... .........15 ARTICLE VI DEFEASANCE 1 ARTICLE VII ASSIGNMENT AND PAYMENT BY THIRD PARTIES SECTION 7.01. Assignment by Issuer ............ ........ .................... ................................ ...............16 SECTION 7.02. Assignment by Borrower ..... .................................................... ........................16 ARTICLE VIII EVENTS OF DEF AUL T AND REMEDIES SECTION 8.01. Events of Default Defined.. ........... .................................... ....... ............ ...........16 SECTION 8.02. Notice of Default..... ............... .......... .................................. ..............................17 SECTION 8.03. Remedies on Default.............. ......... ................................... ..............................17 SECTION 8.04. No Acceleration ...... ................. ............................ ........ ...... .......... ............ ........18 SECTION 8.05. No Remedy Exclusive; Waiver, Notice........................................................... 18 SECTION 8.06. Application 'of Moneys ....... .............................................................................18 ARTICLE IX SECTION 9.01. SECTION 9.02. SECTION 9.03. SECTION 9.04. SECTION 9.05. SECTION 9.06. SECTION 9.07. SECTION 9.08. SECTION 9.09. SECTION 9.10. SECTION 9.11. SECTION 9.12. SECTION 9.13. SECTION 9.14. SECTION 9.15. EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E MISCELLANEOUS Notices........................................................................................................... ..18 Continuing Disclosure.................................................................................... .19 Binding Effect................................................................................................ ..19 Severability..................................................................................................... .19 Amendments, Changes and Modifications ......................................................19 Execution in Counterparts........ ....... ................. ......... .......... ............... ....... .......19 Applicable Law.;............................................................................................ ..19 Benefit of Bondholders; Compliance with Indenture ......................................19 Consents and Approvals .............. ............... ..... ......... ....... .................. ..............19 Immunity of Officers, Employees and Members oflssue:r and Borrower .......19 Captions.......................................................................................................... .20 No Pecuniary Liability oflssuer ......................................... ............. ........ ..... ...20 Payments Due on Holidays.. ............................................... ................ ....... ......20 Calculations..................................................................................................... .20 Time of Payment............................................................................................. .20 USE OF LOAN PROCEEDS FORM OF LOCAL BOND OPINION OF BORROWER'S COUNSEL DEBT SERVICE SCHEDULE FORM OF REQUISITION CERTIFICATE 11 II LOAN AGREEMENT This Loan Agreement (the "Loan Agreement" or the "Agreement") is dated as of 1, 2010, and entered into between the INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF STAFFORD AND THE CITY OF STAUNTON, VIRGINIA, a political subdivision duly organized and existing under the Constitution and laws of the Commonwealth of Virginia (the "Issuer"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "Borrower"). WIT N E SSE T H: WHEREAS, the Issuer is duly created and existing under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"); and WHEREAS, by virtue of the Act, the Issuer is authorized and empowered, among other things, to issue its revenue bonds to finance or refinance facilities for localities, the Commonwealth of Virginia and its agencies, other governmental organizations and nonprofit organizations; and WHEREAS, the Issuer, in cooperation with the Virginia Local Government Finance Corporation, a Virginia nonstock, nonprofit corporation (the "Program Administrator"), has determined that there is a need within the Commonwealth of Virginia (the "Commonwealth") for a financing program (the "Program") which will provide funds for qualifying projects (the "Projects") utilizing Recovery Zone Bonds or Build America Bonds authorized pursuant to the American Recovery and Reinvestment Act of 2009 ("ARRA") undertaken by or on behalf of political subdivisions and other governmental units of the Commonwealth; and WHEREAS, the Issuer is authorized under the Act to issue its revenue bonds to provide funds for such purposes, and the Issuer has determined that the public interest will best be served and that the purposes of the Act can be more advantageously obtained by the Issuer's issuance of revenue bonds in order to loan funds to political subdivisions and other governmental units of the Commonwealth to finance Projects; and WHEREAS, pursuant to the authority of the Act, and following the recommendation and approval of the Program Administrator, the Issuer desires to loan to the Borrower the amount necessary to enable the Borrower to finance, refinance or reimburse the costs of the Borrower Project (as hereinafter defined), and the Borrower desires to borrow such amount from the Issuer subject to the terms and conditions of and for the purposes set forth in this Agreement; and WHEREAS, the Borrower has established a "recovery zone" under ARRA where the Borrower Projects will be located; and WHEREAS, the Issuer and the Borrower have determined that the lending of funds by the Issuer to the Borrower pursuant to the terms of this Agreement and that certain Trust Indenture dated as of 1, 2010, between the Issuer and the Trustee (as hereinafter defined) relating to the Issuer's Bonds (as hereinafter defined), including any amendments and supplements thereto (collectively, the "Indenture"), will benefit inhabitants of the Commonwealth and promote their health, welfare, convenience and/or prosperity; and WHEREAS, neither the Issuer, the Borrower nor the Commonwealth or any political subdivision thereof (other than each Borrower to the extent of its obligations under its respective Loan Agreement only), shall in any way be obligated to pay the principal of, premium, if any, or interest on the Bonds as the same shall become due, and the Bonds shall be payable solely from the funds and revenues pledged under and pursuant to this Agreement and the Indenture. NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereto agree as follows: ARTICLE I DEFINITIONS SECTION 1.01. Definitions. Unless the context or use indicates another meaning or intent, the: following words and terms as used in this Loan Agreement shall have the following meanings, and any other hereinafter defined, shall have the meanings as therein defined. "Accountant" or "Accountants" means an independent certified public accountant or a firm of independent certified public accountants. "Accounts" means the accounts created pursuant to Section 4.02 of the Indenture. "Act" means the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended. "Additional Payments" means payments required by Section 5.02 hereof. "Arbitrage Regulations" means the income tax regulations promulgated, proposed or applicable pursuant to Section 148 of the Code as the same may be amended or supplemented or proposed to be amended or supplemented [rom time to time. "Authorized Representative" means any member, official or employee of the Issuer or the Borrower, as applicable, authorized by resolution, ordinance or other official act of the governing body of the Issuer or the Borrower, as applicable, to perform the act or sign the document in question. "Basic Payments" means the payments denominated as such in Section 5.01 hereof. "Bond Counsel" means Hunton & Williams LLP or any other nationally recognized bond counsel. 2 II "Bondholder" or "Holder" or "Owner" whenever used herein with respect to a Bond, means the person in whose name such Bond is registered. "Bonds" means the Issuer's Taxable Revenue Bonds (Recovery Zone Bond Program), Series 2010A, issued pursuant to Article II of the Indenture. "Borrower" means the City of Virginia Beach, Virginia, which is borrowing and using the proceeds from the Loan to finance, refinance and/or be reimbursed for, all or a portion of the costs of the Borrower Project. "Borrower Project" shall mean the particular project described in Exhibit A, the costs of the construction, acquisition or equipping of which are to be financed or refinanced in whole or in part with the Loan made to the Borrower from proceeds of the Bonds. "Borrowers" means, collectively, the Borrower executing this Loan Agreement and the other political subdivisions or governmental units which have received Pool Loans from the Issuer made from proceeds of the sale of the Bonds. "Business Day" means any day of the year which is not a Saturday or Sunday or a day on which banking institutions located in New York City or the Commonwealth are required or authorized to remain closed or on which the New York Stock Exchange is closed. "Certificate," "Statement," "Request," "Requisition" and "Order" of the Issuer mean, respectively, a written certificate, statement, request, requisition or order signed in the name of the Issuer by its Chairman, Vice-Chairman or other Authorized Representative. Any such instrument and supporting opinions or representations, if any, may, but need not, be combined in a single instrument with any other instrument, opinion or representation, and the two or more so combined shall be read and construed as a single instrument. "Closing" means the funding of a Loan pursuant to the Indenture and this Agreement. "Code" means the Internal Revenue Code of 1986, as amended, and the regulations promulgated, proposed or applicable thereunder. "Commonwealth" means the Commonwealth of Virginia. "Cost" means all costs (including, but not limited to, certain costs of issuance of the Bonds and certain costs associated with the making of the Loan) and allowances which the Issuer or the Borrower may properly payor accrue for the Project and which constitute costs or expenses for which the Issuer may expend proceeds of the Bonds under the Act. [Expand and reference restrictions in tax certificate for COIl "Cost of Issuance Fund" means the fund by that name established pursuant to Section 4.02 of the Indenture. "Counsel" means an attorney duly admitted to practice law before the highest court of any state and, without limitation, may include legal counsel for either the Issuer or the Borrower. 3 "Default" means an event or condition the occurrence of which would, with the lapse of time or the giving of notice or both, become an Event of Default. "Event of Default" shall have the meaning ascribed to such term in Section 8.01 of this Agreement. "Fiscal Year" means the twelve month period commencing on July 1 and ending on June 30. "Funds" means the funds created pursuant to Section 4.02 ofthe Indenture. "Governmental Obligations" means (i) direct and general obligations of the United States of America, or those which are unconditionally guaranteed as to principal and interest by the same, and (ii) pre-refunded municipal obligations meeting the following criteria: (a) the municipal obligations may not be callable prior to maturity or, alternatively, the Trustee has received irrevocable instructions concerning their calling and redemption; (b) the municipal obligations are secured by cash or st::curities described in subparagraph (i) above (the "Defeasance Obligations"), which cash or Defeasance Obligations may be applied only to interest, principal, and premium payments of such municipal obligations; (c) the principal and interest of the Defeasance Obligations (plus any cash in the fund) are sufficient to meet the liabilities of the municipal obligations; (d) the Defeasance Obligations serving as security for the municipal obligations must be held by an escrow agent or a trustee; and (e) the Defeasance Obligations are not available to satisfy any other claims, including those against the Trustee or escrow agent. Additionally, evidences of ownership of proportionate interests in future interest and principal payments of Defeasance Obligations are permissible. Investments in these proportionate interests are limited to circumstances wherein (a) a bank or trust company acts as custodian and holds the underlying obligations; (b) the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor of the underlying obligations; and (c) the underlying obligations are held in a special account separate and apart from the custodian's general assets, and are not available to satisfy any claim of the custodian, any person claiming through the custodian, or any person to whom the custodian may be obligated. "Indenture" means the Trust Indenture dated as the date hereof between the Issuer and the Trustee, including any indentures supplemental thereto, pursuant to which (i) the Bonds are authorized to be issued and (ii) the Issuer's interest in the Trust Estate is pledged as security for the payment of principal of, premium, if any, and interest on the Bonds. "Interest Payment Date" means 1,2010. 1 and 1 of each year, commencing 4 II "Interest Period" means the semi-annual period between Interest Payment Dates. "Issuer" means the Industrial Development Authority of the County of Stafford and the City of Staunton, Virginia, a political subdivision of the Commonwealth of Virginia, its successors and assigns. "Loan" means the Loan made to the Borrower from Bond proceeds to finance the Borrower Project in the amount specified in Section 3.01 herein. "Loan Agreement" means this Loan Agreement and any amendments and supplements hereto. "Loan Repayment Date" means 20, 20_, and thereafter each 20th and 20th for so long as the Loan remains outstanding, or if such day is not a Business Day, the next preceding Business Day. "Loan Repayments" means the payments of principal and interest and other payments payable by the Borrower pursuant to the provisions of this Loan Agreement, including, without limitation, Additional Payments. "Loan Term" means the term provided for in Article IV of this Loan Agreement. "Local Bond" means, collectively, the bonds issued by the Borrower in evidence of the Loan and the Borrower's obligations under this Agreement substantially in the form attached to this Loan Agreement as Exhibit B. "Local Resolution" means all resolutions or ordinances adopted by the governing body of the Borrower approving the transactions contemplated by and authorizing the execution and delivery of this Agreement and the execution, issuance and delivery of the Local Bond. "Opinion of Bond Counsel" means an opinion by Bond Counsel which is selected by the Issuer and acceptable to the Trustee. "Opinion of Counsel" means an opinion in writing of a legal counsel, who may, but need not be, counsel to the Issuer, a Borrower or the Trustee. "Person" means an individual, a corporation, a partnership, an association, a trust or any other entity or organization including a government or political subdivision or an agency or instrumentality thereof. "Pool Loans" means all loans or lease proceeds made by the Issuer under the Indenture from proceeds of the Bonds to the Borrowers. "Principal Fund" means the fund by that name created by Section 4.02 of the Indenture. "Principal Payment Date" means the maturity date or mandatory redemption date of any Bond. 5 "Program" means the Issuer's program of making Pool Loans under the Act and pursuant to the Indenture. "Program Administrator" means Virginia Local Government Finance Corporation, a Virginia nonstock, nonprofit corporation, together with its contractual representative, Local Finance Solutions, Inc., a Virginia corporation. "Project" or "Projects" means a governmental undertaking approved by the governing body of a Borrower for a public purpose, including the refinancing of any indebtedness. "Project Loan Fund" means the fund by that name established pursuant to Section 4.02 of the Indenture. "Public Finance Act" means the Public Finance Act of 1991, Chapter 26, Title 15.2 of the Code of Virginia of 1950, as amended. "Recovery Zone" means a recovery zone established by the Borrower pursuant to Section 1400U-1 of the Code. "Redemption Price" means, with respect to any Bond (or portion thereof), the principal amount of such Bond (or portion) plus the applicable premium, if any, payable upon redemption pursuant to the provisions of such Bond and the Indenture. "Revenue Fund" means the fund by that name created by Section 4.02 of the Indenture. "Revenues" means all Loan Repayments and lease repayments paid. to the Trustee for the respective accounts of the Borrowers for deposit in the Principal Fund and Revenue Fund to pay principal of, premium, if any, and interest on the Bonds upon redemption, at maturity or upon acceleration of maturity, or to pay interest on the Bonds when due, and all receipts of the Trustee credited to the Borrower under the provisions of this Loan Agreement. "Trust Estate" means the property, rights, Revenues and other assets pledged and assigned to the Trustee pursuant to the granting clauses of the Indenture. "Trustee" means under the Indenture. , as Trustee, or any successor thereto SECTION 1.02. Rules of Construction. The following rules shall apply to the construction of this Loan Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Loan Agreement. 6 II (c) The headings and Table of Contents herein are solely for convenience of reference and shall not constitute a part of this Loan Agreement nor shall they affect its meaning, construction or effect. (d) All references herein to payments of the Bonds are references to payment of principal of, premium, if any, and interest on the Bonds. ARTICLE II REPRESENT ATIONS, WARRANTIES AND COVENANTS SECTION 2.01. Representations and Warranties of Borrower. The Borrower represents and warrants on the date hereof for the benefit of the Issuer, the Trustee and Bondholders, as applicable, as follows: (a) The Borrower (1) is a duly organized and validly existing political subdivision of the Commonwealth of Virginia; and (2) has all requisite power and authority to own and operate its properties and to carry on its activities as now conducted and as presently proposed to be conducted. (b) There is no fact known to the Borrower which has not been specifically disclosed in writing to the Issuer that materially and adversely affects or, except for pending or proposed legislation or regulations that are a matter of general public information affecting Virginia localities or other political subdivisions generally, that will materially affect adversely the properties, activities, prospects or condition (financial or otherwise) of the Borrower or the ability of the Borrower to perform its obligations under this Agreement and the Local Bond. (c) The financial statements, including balance sheets, and any other written statement furnished by the Borrower to the Issuer do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein or herein not misleading. There is no fact known to the Borrower which the Borrower has not disclosed to the Issuer in writing which materially affects adversely or is likely to materially affect adversely the financial condition of the Borrower, or its ability to make the payments under this Agreement and the Local Bond when and as the same become due and payable. (d) There are no proceedings pending, or to the knowledge of the Borrower threatened, against or affecting the Borrower, except as specifically described in writing to the Issuer, in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would materially and adversely affect the properties, prospects or condition (financial or otherwise) of the Borrower, or the existence or powers or ability of the Borrower to enter into and perform its obligations under this Agreement and the Local Bond. (e) The execution and delivery of this Agreement, the issuance, execution and delivery of the Local Bond, and the consummation of the transactions provided for in this Agreement and compliance by the Borrower with the provisions of this Agreement: (1) are within the powers of the Borrower and have been duly and effectively authorized by all 7 necessary action on the part of the Borrower; and (2) do not and will not (i) conflict with or result in any material breach of any of the terms, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Borrower pursuant to any indenture, loan agreement or other agreement or instrument (other than this Agreement and the Local Bond) or restriction to which the Borrower is a party or by which the Borrower, its properties or operations are bound as of the date of this Agreement or (ii) with the giving of notice or the passage of time or both, constitute a breach or default or so result in the creation or imposition of any lien, charge or encumbrance, which breach, default, lien, charge or encumbrance (described in (i) or (ii)) could materially and adversely affect the validity or the enforceability of this Agreement or the Borrower's ability to perform fully its obligations under this Agreement; nor does such action result in any violation of the provisions of the Public Finance Act, or any laws, ordinances, governmental rules or regulations or court orders to which the Borrower, its properties or operations may be bound. (f) No event has occurred and no condition exists that constitutes an Event of Default, or which, upon the execution and delivery of this Agreement and/or the passage of time or giving of notice or both, would constitute an Event of Default. The Borrower is not in violation in any material respect, and has not received notice of any claimed violation (except such violations as (i) heretofore have been specifically disclosed in writing to, and have been in writing specifically consented to by the Issuer and (ii) do not, and shall not, have any material adverse effect on the transactions herein contemplated and the complianct: by the Borrower with the terms hereof), of any terms of any agreement or other instrument to which it is a party or by which it, its properties or operations may be bound, which may materially adversely affect the ability of the Borrower to perform hereunder. (g) The Borrower has obtained, or will obtain, all permits, approvals and findings required as of the date hereof by any governmental body or officer for the acquisition and/or installation of the Borrower Project, including construction and renovation work, the financing or refinancing thereof or the reimbursement of the Borrower therefor, or the use of the Borrower Project, and, within the time required by law, the Borrower will obtain all other such permits, approvals and findings as may be necessary for the foregoing and for such Loan and the proper application thereof; the Borrower has complied with or will comply with all applicable provisions of law requiring-any notification, declaration, filing or registration with any agency or other governmental body or officer in connection with the acquisition or installation of the Borrower Project, including construction and renovation work necessary for such installation, financing or refinancing thereof or reimbursement of the Borrower therefor; and any such action, construction, installation, financing, refinancing or reimbursement contemplated in this Loan Agreement is consistent with, and does not violate or conflict with, the terms of any such agency or other governmental consent, order or other action which is applicable thereto. No further consent, approval or authorization of, or filing, registration or qualification with, any governmental authority is required on the part of the Borrower as a condition to the execution and delivery of this Loan Agreement and the Local Bond, or to amounts becoming outstanding hereunder or thereunder. (h) The Borrower is in compliance with all laws, ordinances, governmental rules and regulations to which it is subject and which are material to its properties, operations, finances or status as a political subdivision of the Commonwealth. 8 II (i) The Borrower will apply the proceeds of the Loan from the Issuer solely for the financing of Costs of the Borrower Project. If any component of the Borrower Project is not paid for out of the proceeds of the Loan at the Closing of the Loan, Borrower shall, as quickly as reasonably possible, with due diligence, and in any event within three (3) years of the date of Closing, use the remainder of the proceeds of the Loan and any investment earnings thereon to pay the cost of the Borrower Project, provided that, such time limit may be extended by the written consent of the Issuer with notice to the Trustee and a favorable opinion of Bond Counsel (to the effect that such extension will not adversely affect the validity or tax-exempt status of the Local Bond or the qualification of the Bonds as "recovery zone economic development bonds" (within the meaning of Section 1400U-2 of the Code). The Borrower will provide the Trustee with a requisition in the form of the requisition attached hereto as Exhibit E for the expenditure of any portion of the Loan deposited in the Project Loan Fund or the Cost of Issuance Fund on the date of Closing. G) The Borrower understands that the actual Loan proceeds received by it are less than the face amount of the Local Bond by the amount of the discount described in Section 3.01 hereof. The Borrower will accordingly be responsible for repaying, through the Basic Payments portion of its Loan Repayments, the portion of the Bonds issued to fund its Loan including the portion issued to fund its allocable share of any underwriting discount, original issue discount and other fees and costs of issuing the Bonds. (k) The Borrower acknowledges that regulations of the Comptroller of the Currency grant the Borrower the right to receive brokerage confirmations of the security transactions as they occur. The Borrower specifically waives such notification to the extent permitted by law and will receive periodic cash transaction statements that will detail all investment transactions. (1) All items constituting the Borrower Project are permitted to be financed with the proceeds of the Bonds and the Loan pursuant to the Act and the Public Finance Act. SECTION 2.02. Covenants of Borrower. The Borrower makes the following covenants and representations as of the date first above written and such covenants shall continue in full force and effect during the Loan Term: (a) To secure the prompt payment of the Basic Payment as required under this Loan Agreement, the full faith, credit and taxing power of the Borrower are irrevocably pledged. In each year while the Loan is outstanding, there shall be levied and collected, at the same time and in the same manner as other taxes of the Borrower are assessed, levied and collected, a tax without limitation as to rate or amount on all taxable property within the geographic jurisdiction of the Borrower, sufficient in amount to pay the Basic Payment, as the same shall become due, after applying any other funds which may be available for such Basic Payment and which shall actually be so applied. For the payment of the Additional Payments, the Borrower agrees to budget and appropriate revenues or taxes derived from any source whatsoever other than ad valorem taxation on real property, which are legally available to pay the Additional Payments. Such covenant is subject in all respects to the payment of obligations secured by a pledge of such revenues or taxes heretofore or hereinafter entered into. 9 (b) Borrower shall deliver to the Issuer (and the Trustee to the extent provided by any continuing disclosure obligations of the Borrower) (either directly or via the Program Administrator) as soon as available and in any event within 270 days after the end of each Fiscal Year an audited statement of its financial position as of the end of such Fiscal Year and the related statements of revenues and expenses, fund balances and changes in fund balances for such Fiscal Year, all reported by an Accountant, whose report shall state that such financial statements present fairly Borrower's financial position as of the end of such Fiscal Year and the results of operations and changes in financial position for such Fiscal Year. (c) The Borrower shall execute and deliver to the Trustee all such documents and instruments and do all such other acts and things as may be reasonably necessary to enable the Trustee to exercise and enforce the rights of the Issuer under this Loan Agreement and to realize thereon, and record and file and re-record and re-file all such documents and instruments, at such time or times, in such manner and at such place or places, all as may be reasonably necessary or required by the Trustee to validate, preserve and protect the position of the Trustee under this Loan Agreement. (d) The Borrower shall keep or cause to be kept proper records and books of account, in which correct and complete entries will be made in accordance with generally accepted accounting principles, consistently applied (except for changes concurred in by the Borrower's independent auditors) reflecting all of its financial transactions. (e) The Borrower shall pay all legally contracted obligations when due and shall pay all taxes, assessments and governmental charges or levies imposed upon it or upon its income or profits, or upon any properties belonging to it, prior to the date on which penalties attach thereto, and all lawful claims, which, if unpaid, might become a lien or charge upon any of its properties, provided that it shall not be required to pay any such tax, assessment, charge, levy or claim which is being contested in good faith and by appropriate proceedings, which shall operate to stay the enforcement thereof. (f) Subject to an annual appropriation of legally available funds, the Borrower shall comply with the requirements of all applicable laws, the terms of all grants, rules, regulations and lawful orders of any governmental authority, non-compliance with which would, singularly or in the aggregate, materially adversely affect its business, properties, earnings, prospects or credit, unless the same shall be contested by it in good faith and by appropriate proceedings which shall operate to stay the enforcement thereof. (g) The Borrower covenants that, to the extent it has control over the proceeds of the Bonds, it will not take any action or fail to take any lawful action with respect to the investment of the proceeds of the Bonds or the Local Bond, with respect to the payments derived from the Bonds or hereunder, which action or failure to act may cause the Bonds to be "arbitrage bonds" (within the meaning of such term as used in Section 148 of the Code and the regulations promulgated thereunder). In furtherance of the covenant contained in the preceding sentence, the Borrower agrees to comply with the non-arbitrage certificate delivered at closing and the provisions of Section 141 through 150 of the Code, as applicable. 10 II (h) The Borrower covenants to provide the Issuer with all material and information it possesses or has the ability to possess necessary to enable the Issuer to file all reports required under Section l49( e) of the Code to assure that interest paid on the Local Bonds shall, for purposes of the federal income tax, be excluded from gross income. (i) It is the intent of the parties hereto and they do hereby covenant and agree, that the liability of the Borrower hereunder is a several liability of the Borrower expressly limited to the Loan Repayments, and the Borrower shall have no joint liability with any other Borrower or the Issuer for any of their respective liabilities. G) The Borrower will file or cause to be filed with the Issuer any official statement issued by, or on behalf of, the Borrower in connection with the incurrence of any additional indebtedness by the Borrower. Such official statements shall be filed within sixty (60) days after the publication thereof. (k) The Borrower agrees to provide not later than December 31 of each year, a certificate of its Chief Financial Officer to be filed with the Trustee stating that to the best of its knowledge the Borrower is in compliance with the terms and conditions of this Loan Agreement, or, specifying the nature of any noncompliance and the remedial action. taken or proposed to be taken to cure such noncompliance. (1) If the Borrower Project is paid from a Loan of proceeds of the Bonds, the Borrower Project shall be located in a Recovery Zone. (m) The Borrower covenants that it shall neither take any action nor fail to take any action or to the extent that it may do so, permit any other party to take any action which, if either taken or not taken, would adversely affect the exclusion from gross income for Federal income tax purposes of interest on the Local Bond or the qualification of the Bonds as "recovery zone economic development bonds" (within the meaning of Section 1400U-2 of the Code). 11 ARTICLE III THE LOAN SECTION 3.01. The Loan. The Issuer hereby agrees to loan to the Borrower and the Borrower hereby agrees to borrow from the Issuer the sum of $ . The net loan proceeds received by the Borrower will reflect the par amount of the Local Bond less the Borrower's share of [original issue discount/premium and] the cost of the initial issuance of the Bonds and the making of the Loan subject to the terms and conditions c:ontained in this Loan Agreement and in the Indenture. [Address equity contribution, if any.] The amounts advanced net of such costs of issuance are to be used by the Borrower for the purposes of financing or refinancing the cost of, or receiving reimbursement for the equity in, the Borrower Project in accordance with the provisions of this Loan Agreement. The net proceeds of the Loan not disbursed directly to the Borrower on the date of Closing shall be deposited in the Project Loan Fund and the Cost of Issuance Fund and administered in accordance: with the terms and conditions of the Indenture and this Loan Agreement. SECTION 3.02. Evidence of Loan. The Borrower's obligation hereunder to repay the principal amount of the loan referenced in Section 3.01, together with interest thereon, and other payments required under this Loan Agreement, shall be evidenced by this Loan Agreement and the Borrower's Local Bond, which shall be in substantially the form of Exhibit B attached hereto and made a part hereof and delivered to the Trustee, on behalf of th€~ Issuer, on the date of Closing. The Local Bond shall be in the original principal amount of the Loan and shall mature, bear interest and be payable as hereinafter provided. ARTICLE IV LOAN TERM AND LOAN CLOSING REQUIREMENTS SECTION 4.01. Commencement of Loan Term. The Borrower's obligations under this Loan Agreement shall commence on the date of Closing unless otherwise provided in this Loan Agreement. SECTION 4.02. Termination of Loan Term. The Borrowl~r's obligations under this Loan Agreement shall terminate after payment in full of all amounts due under this Loan Agreement and all amounts not theretofore paid shall be due and payable at the times and in the amounts set forth in Exhibit D attached hereto; provided, however, that all covenants and all obligations provided hereunder specified to so survive (including the obligation of the Borrower to pay its allocable share of the rebate obligations of the Issuer owed on the Bonds and agreed to by the Borrower pursuant to Section 5.02 hereof) shall survive the termination of this Loan Agreement and the payment in full of principal and interest hereunder. Upon termination of the Loan Term as provided above, the Issuer and the Trustee shall deliver, or cause to be delivered, to the Borrower an acknowledgment thereof. SECTION 4.03. Loan Closing Submissions. Concurrently with the execution and delivery of this Loan Agreement, the Borrower is providing to the Trustee the following documents each dated the date of such execution and delivery unless otherwise provided below: 12 l I II (a) A certified copy of the Local Resolution; (b) An opinion of the Borrower's Counsel substantially in the form of Exhibit C attached hereto; (c) A certificate of the officials of the Borrower who sign this Loan Agreement to the effect that the representations and warranties of the Borrower are true and correct; (d) A non-arbitrage certificate signed by the Authorized Representative of the Borrower, in form and substance satisfactory to Bond Counsel; ( e) This executed Loan Agreement and the Local Bond; (t) An opinion of local Bond Counsel in form and substance satisfactory to the Issuer and the Trustee; and (g) Such other certificates, documents, opinions and information as the Issuer, the Trustee or Bond Counsel may require, such requirement to be evidenced (in the case of parties other than the Trustee) by written notice of such party to the Trustee of such requirement. All opinions and certificates shall be dated the date of the Closing. ARTICLE V LOAN REPAYMENTS SECTION 5.01. Payment of Basic Payments. Borrower shall pay to the Trustee, as assignee of the Issuer, all Loan Repayments in lawful money of the United States of America. The Loan shall be repaid in Basic Payments, consisting of: (a) principal in the amounts and on the dates set forth in Exhibit D; plus (b) interest calculated at the rates, in the amounts and on the dates set forth in Exhibit D' , provided that if the Local Bonds are derived from proceeds of more than one series of Bonds, Exhibit D shall separately set forth Basic Payments with respect to such different series. On the fifteenth (15th) day of the month immediately preceding each Interest Payment Date, the Trustee shall give Borrower notice in writing of the total amount of the next Basic Payment due. The Basic Payments shall be due on each 20th and 20th, or if such day is not a Business Day, the next preceding Business Day (a "Loan Repayment Date"), commencing 20, 2010, and extending through . To the extent that moneys are otherwise available in the amount of the subsidy payment expected to come from the U.S. Department of Treasury for deposit with the Trustee with respect to any date on which any Basic Payment is due, the Borrower will receive a credit to its obligation to pay Basic Payments. To the extent that such credited amount was funded from a source other than the 13 direct payment from the U.S. Department of Treasury, the Borrower agrees that such other source will be reimbursed from amounts when received from the U.S. Department of Treasury. SECTION 5.02. Payment of Additional Payments. In addition to Basic Payments, Borrower agrees to pay on demand of the Issuer or the Trustee, the following Additional Payments: (a) The Borrower's allocable share of the semi-annual Trustee's administrative fee (initially $ per Interest Payment Date), payable on each Interest Payment Date without further demand or notice; (b) The Borrower's allocable share of the fees or expenses of (i) the rating agencies (to the extent not previously paid from the Cost of Issuance Fund) and any (ii) the provider of arbitrage rebate calculations, except to the extent readily traceable to a particular Borrower; (c) A program administration fee in the amount of [0.05% for loans above $6 million] and all other reasonable fees, expenses, disbursements and out-pocket expenses of the Issuer and the Trustee, and their respective Counsel, in connection with the administration or enforcement of the Loan, this Agreement or the taking of any reasonabl(: actions following an Event of Default hereunder; (d) The Borrower's allocable share of any amounts owed to the United States of America as rebate obligations on the Bonds related to the Borrower's Loan, which obligation shall survive the termination of this Loan Agreement and (e) All other amounts that the Borrower agrees to pay under the terms of this Loan Agreement, but not including Basic Payments. SECTION 5.03. Interest Earnings or Investment Losses and Excess Payments. (a) On each Interest Payment Date the Trustee shall credit against Borrower's obligation to pay its Loan Repayments, Borrower's share of any interest earnings which were received during the prior Interest Period by the Trustee on the Funds and Accounts (except the Project Loan Fund) held under the Indenture, or shall increase the Borrower's obligation to pay its Loan Repayment, by Borrower's share of any investment losses which were incurred during the prior Interest Period on the Funds and Accounts (except the Project Loan Fund) held under the Indenture. (b) The credits provided for in (a) shall not be given to the extent the Borrower is in default in payment of its Loan Repayments. If past-due Loan Repayments are later collected from such defaulting Borrower, the amount of the missed credit shall, to the extent of the amount collected, be credited in proportion to the amount of credit missed, to the now non-defaulting Borrower from the past-due Loan Repayments. (c) The credits may be accumulated. If the credit allowable for an Interest Period is more than required on the next ensuing Interest Payment Date to satisfy the current Loan Repayment, it may be used on the following Interest Payment Date. 14 II SECTION 5.04. Obligations of Borrower Unconditional. Subject in all respects to the provisions of this Loan Agreement, the obligations of Borrower to make the Loan Repayments required hereunder and to perform and observe the other agreements on its part contained herein, shall be absolute and unconditional, and shall not be abated, rebated, set-off, reduced, abrogated, terminated, waived, diminished, postponed or otherwise modified in any manner or to any extent whatsoever, while any Bonds remain outstanding or any Loan Repayments remain unpaid, regardless of any contingency, act of God, event or cause whatsoever. This Loan Agreement shall be deemed and construed to be a "net contract," and Borrower shall pay absolutely net the Loan Repayments and all other payments required hereunder, regardless of any rights of set-off, recoupment, abatement or counterclaim that Borrower might otherwise have against the Issuer, the Trustee, or any other party or parties. SECTION 5.05. Refunding Bonds. In the event the Bonds are refunded, all references in this Loan Agreement to Bonds shall be deemed to refer to the refunding bonds or, in the case of a crossover refunding, to the Bonds and the refunding bonds. The Issuer agrees not to issue bonds or other debt obligations to refund the portion of the Bonds allocable to this Agreement without the prior written consent of the Authorized Representative of the Borrower. SECTION 5.06. Prepayment. The Loan may be prepaid in whole or in part by the Borrower on the dates and in the amounts on which the Bonds are subject to optional redemption and notice provisions pursuant to Section 3.01 of the Indenture. ARTICLE VI DEFEASANCE This Loan Agreement shall continue to be obligatory and binding upon the Borrower in the performance of the obligations imposed by this Loan Agreement and the repayment of all sums due by the Borrower under this Loan Agreement and the Local Bond shall continue to be secured by this Loan Agreement as provided herein until all of the indebtedness and all of the payments required to be made by the Borrower shall be fully paid to the Issuer or the Trustee. Provided, however, if, at any time, the Borrower shall have paid, or shall have made provision for payment of, the principal amount of the Loan, interest thereon through the next succeeding redemption date of the Bonds, and redemption premiums, if any, with respect to the Bonds and shall have paid all amounts due pursuant to Section 5.02 hereof, then, and in that event, the pledge of the full faith, credit and taxing power of the Borrower shall be no longer in effect and all future obligations of the Borrower under this Loan Agreement shall cease. For purposes of the preceding sentence, deposit of sufficient cash and/or Governmental Obligations in irrevocable trust with a banking institution or trust company, for the sole benefit of the Issuer in respect to which such Governmental Obligations, the principal and interest received will be sufficient as determined by the Trustee (as reflected in an Accountant's verification report provided to the Issuer and the Trustee by the Borrower) to make timely payment of the principal, interest and redemption premiums, if any, on the Outstanding Bonds (as defined in the Indenture) attributable to the Loan and all amounts due pursuant to Section 5.02 hereof, shall be considered "provision for payment." 15 Nothing herein shall be deemed to require the Issuer to call any of the outstanding Bonds for redemption prior to maturity pursuant to any applicable optional redemption provisions, or to impair the discretion of the Issuer in determining whether to exercise any such option for early redemption. If the Borrower shall make advance payments to the Issuer in an amount sufficient to retire the Loan of the Borrower, including redemption premium and accrued interest to the next succeeding redemption date of the Bonds and all amounts due pursuant to Section 5.02 hereof, all future obligations of the Borrower under this Loan Agreement shall cease, except as provided in Section 4.02 hereof. However, prior to making such payments, the Borrower shall give at least 35 days' notice by certified or registered mail to the Issuer. ARTICLE VII ASSIGNMENT AND PAYMENT BY THIRD PARTIES SECTION 7.01. Assignment by Issuer. The Borrower expressly acknowledges that this Loan Agreement and the obligations of the Borrower to make payments hereunder (with the exception of certain of the Issuer rights to indemnification, fees, notices and expenses), have been pledged and assigned to the Trustee as security for the Bonds under the Indenture, and that the Trustee shall be entitled to act hereunder and thereunder in the place and stead of the Issuer whether or not the Bonds are in default. SECTION 7.02. Assignment by Borrower. This Loan Agreement may not be assigned by the Borrower for any reason without the express prior written consent of the Issuer and the Trustee. ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES SECTION 8.01. Events of Default Defined. The following shall be "Events of Default" under this Loan Agreement and the terms "Event of Default" and "Default" shall mean (except where the context clearly indicates otherwise), whenever they are used in this Loan Agreement, anyone or more of the following events: (a) Failure by the Borrower to timely pay any Loan Repayment, when due, so long as the Bonds are outstanding; (b) Failure by the Borrower to timely pay any other payment required to be paid hereunder on the date on which it is due and payable, provided the Borrower has reasonable prior written notice of any such payments being due; (c) Failure by the Borrower to observe and perform any covenant, condition or agreement other than a failure under (a) or (b) above, on its part to be observed or performed under this Loan Agreement, for a period of thirty (30) days after notice of the failure, unless the Issuer and the Trustee shall agree in writing to an extension of such time prior to its expiration; 16 , I II provided, however, if the failure stated in the notice can be wholly cured within a period of time not materially detrimental to the rights of the Issuer or the Trustee, but cannot be cured within the applicable 30-day period, the Issuer and the Trustee will not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the Borrower within the applicable period and diligently pursued until the failure is corrected; (d) Any warranty, representation or other statement by the Borrower or by an officer or agent of the Borrower contained in this Loan Agreement or in any instrument furnished in compliance with or in reference to this Loan Agreement, is false or misleading in any material respect when made; (e) A petition is filed against the Borrower under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, and is not dismissed within 60 days of such filing; (f) The Borrower files a petition in voluntary bankruptcy or seeking relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, or consents to the filing of any petition against it under such law; (g) The Borrower admits insolvency or bankruptcy or its inability to pay its debts as they become due or is generally not paying its debts as such debts become due, or becomes insolvent or bankrupt or makes an assignment for the benefit of creditors, or a custodian (including without limitation a receiver, liquidator or trustee) of the Borrower or any of its property is appointed by court order or takes possession thereof and such order remains in effect or such possession continues for more than 60 days; or (h) Any material provision of this Loan Agreement shall at any time for any reason cease to be valid and binding on Borrower, or shall be declared to be null and void, or the validity or enforceability of this Loan Agreement shall be contested by Borrower or any governmental agency or authority, or if Borrower shall deny any further liability or obligation under this Loan Agreement. SECTION 8.02. Notice of Default. The Borrower agrees to give the Trustee and the Issuer prompt written notice if any petition, assignment, appointment or possession referred to in Section 8.01(e), 8.01(f) and 8.01(g) is filed by or against the Borrower or of the occurrence of any other event or condition which constitutes a Default or an Event of Default, or with the passage of time or the giving of notice would constitute an Event of Default, immediately upon becoming aware of the existence thereof. SECTION 8.03. Remedies on Default. Whenever any Event of Default referred to in Section 8.01 hereof shall have happened and be continuing, the Issuer or the Trustee may, in addition to any other remedies provided herein or by laws of the Commonwealth (including Section 15.2-2659 of Article 7, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), have the right, at its or their option without any further demand or notice, to take such steps and exercise such remedies as provided in Section 9.02 of the Indenture, and, take whatever other 17 action at law or in equity which may appear necessary or desirable to collect amounts then due and thereafter to become due hereunder or to enforce any other of its or their rights hereunder. SECTION 8.04. No Acceleration. Notwithstanding anything to the contrary contained in the Indenture, this Loan Agreement or the Local Bond, the Loan and the payment obligations thereunder are not subject to acceleration. SECTION 8.05. No Remedy Exclusive; Waiver, Notice. No remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exdusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right, remedy or power shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article VIII, it shall not be necessary to give any notice other than such notice as may be requin~d in this Article VIII. SECTION 8.06. Application of Moneys. Any moneys collc~cted by the Issuer or the Trustee pursuant to Section 8.03 hereof shall be applied (a) first, to pay any attorney's fees or other Additional Payments owed by Borrower pursuant to Section 5.02 hereof, (b) second, to pay interest due on the Loan, (c) third, to pay principal due on the Loan, (d) fourth, to pay any other amounts due hereunder, and (e) fifth, to pay interest and principal on the Loan and other amounts payable hereunder but which are not due, as they become due (in the same order, as to amounts which come due simultaneously, as in (a) through (d) in this Section 8.06). ARTICLE IX MISCELLANEOUS SECTION 9.01. Notices. All notices, certificates or other communication hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the parties at the following addresses: Issuer: Industrial Development Authority of the County of Stafford and the City of Staunton, Virginia c/o VML / V ACo Finance Program 1108 East Main Street, Suite 801 Richmond, VA 23219 Trustee: Borrower: City of Virginia Beach Municipal Center 2401 Courthouse Drive Virginia Beach V A 23456 Attn: 18 II Any of the above parties may, by notice in writing given to the others, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. SECTION 9.02. Continuing Disclosure. [Provisions to come] SECTION 9.03. Binding Effect. This Loan Agreement shall inure to the benefit of and shall be binding upon the Issuer and the Borrower and their respective successors and assIgns. SECTION 9.04. Severability. In the event any provision of the Loan Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not inv~lidate or render unenforceable any other provision hereof. SECTION 9.05. Amendments, Changes and Modifications. This Loan Agreement may be amended by the Issuer and the Borrower as provided in the Indenture. SECTION 9.06. Execution in Counterparts. This Loan Agreement may be simultaneously executed in several counterparts, each of which, when so executed and delivered, shall be an original and all of which shall constitute but one and the same instrument. SECTION 9.07. Applicable Law. This Loan Agreement shall be governed by and construed in accordance with the laws of the Commonwealth. SECTION 9.08. Benefit of Bondholders; Compliance with Indenture. This Loan Agreement is executed in part to induce the purchase by others of the Bonds. Accordingly, all covenants, agreements and representations on the part of the Borrower and the Issuer, as set forth in this Loan Agreement, are hereby declared to be for the benefit of the holders from time to time of the Bonds. The Borrower covenants and agrees to do all things within its power in order to comply with and to enable the Issuer to comply with all requirements and to fulfill and to enable the Issuer to fulfill all covenants of the Indenture. SECTION 9.09. Consents and Approvals. Whenever the written consent or approval of the Issuer shall be required under the provisions of this Loan Agreement, such consent or approval may be given by an Authorized Representative of the Issuer or such other additional persons provided by law or by rules, regulations or resolutions of the Issuer. SECTION 9.10. Immunity of Officers, Employees and Members of Issuer and Borrower. In the absence of fraud, no recourse shall be had for the payment of the principal of or premium or interest payable hereunder or in accordance with the Local Bond or for any claim based thereon or upon any representation, obligation, covenant or agreement in this Loan Agreement against any past, present or future official officer, member, counsel, employee, director or agent, as such, of the Issuer or the Borrower, either directly or through the Issuer or the Borrower, or respectively, any successor political subdivision thereto under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such officers, members, counsels, employees, directors or 19 agents as such is hereby expressly waived and released as a condition of and consideration for the execution of this Loan Agreement. SECTION 9.11. Captions. The captions or headings in this Loan Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Loan Agreement. SECTION 9.12. No Pecuniary Liability of Issuer. Any obligation of the Issuer created by, arising out of, or entered into in contemplation of this Agreement, including the Bonds, shall not impose a debt or pecuniary liability upon the Issuer, the Commonwealth or any political subdivision thereof (other than each Borrower to the extent of their obligations under their respective Loan Agreements only) or constitute a charge upon the general credit or taxing powers of any of the foregoing. Any such obligation shall be payable solely out of the revenues and any other moneys derived hereunder and under the Indenture, except (as provided in the Indenture and in this Agreement) to the extent it shall be paid out of moneys attributable to the proceeds of the Bonds or the income from the temporary investment thereof. In making the agreements, provisions and covenants set forth in this Loan Agreement, the Issuer has not obligated itself except with respect to the application of the revenues, income and all other property as derived herefrom, as hereinabove provided. SECTION 9.13. Payments Due on Holidays. With tht:~ exception of Basic Payments, if the date for making any payment or the last date for performance of any act or the exercise of any right, as provided in this Loan Agreement, shall be other than on a Business Day, such payments may be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the nominal date provided in this Loan Agreement. SECTION 9.14. Calculations. Interest shall be computed on the basis of a 360-day year of twelve 30-day months. SECTION 9.15. Time of Payment. Any Loan Repaymt:mt or other payment hereunder which is received by the Trustee or Issuer after 1 :00 p.m. (New York time) on any day shall be deemed received on the following Business Day. [Remainder of page intentionally left blank] 20 II WITNESS the following signatures, all duly authorized. INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF STAFFORD AND THE CITY OF STAUNTON, VIRGINIA By: Title: CITY OF VIRGINIA BEACH, VIRGINIA By: Title: 21 EXHIBIT A CITY OF VIRGINIA BEACH, VIRGINIA USE OF LOAN PROCEEDS DESCRIPTION OF PROJECT TO BE ACQUIRED OR CONSTRUCTED [Qualifying expenditures including property acquisition within the 19th Street Corridor Recovery Zone as permitted by Code Section 1400U-2, and related expenses.] II EXHIBIT B FORM OF LOCAL BOND EXHIBIT C OPINION OF BORROWER'S BOND COUNSEL II Date Principal Amounts EXHIBIT D DEBT SERVICE SCHEDULE Interest Rate Interest [TO COME] Trustee Fee Total EXHIBIT E TO LOAN AGREEMENT FORM OF REQUISITION CERTIFICATE TO: U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FROM: CITY OF VIRGINIA BEACH, VIRGINIA (THE "BORROWER") SUBJECT: LOAN AGREEMENT DATED AS OF This represents Requisition Certificate No. _ in the total amount of $ payment of those Costs of the Project detailed in the schedule attached. for The undersigned does certify that: 1. All of the expenditures for which monies are requested hereby represent proper Costs of the Project, have not been included in a previous Requisition Certificate and have been properly recorded on the Borrower's books as currently due and owing. 2. The monies requested hereby are not greater than those necessary to meet obligations due and payable or to reimburse the Borrower for funds actually advanced for Costs of the Project. The monies requested do not include retention or other monies not yet due or earned under construction contracts. 3. This requisition is in compliance with Section 5.03 of the Indenture. 4. After payment of monies hereby requested, to the knowledge of the undersigned, there will remain available to the Borrower sufficient funds to complete the Project substantially in accordance with the plans. 5. The Borrower is not in default under the Loan Agreement and nothing has occurred that would prevent the performance of its obligations under the Loan Agreement. [Modify for COI purposes] Executed this _ day of CITY OF VIRGINIA BEACH, VIRGINIA By: Name: Title: 76464.000002 EMF US 29081271vl , I II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of City Council approving the issuance of Residential Care . Facility Mortgage Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.) Series 2009 MEETING DATE: December 8, 2009 . Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of Westminster-Canterbury of Hampton Roads, Inc. ("Westminster- Canterbury"), requesting the issuance by the Authority of its revenue bonds in an amount not to exceed $6,000,000 (the "Bonds"), to assist in refunding the Authority's 2004B Bonds issued on March 24, 2004 with a principal balance of $3,075,000, and providing $1,725,000 for capital renovations and improvements to existing facilities. . Considerations: The matter comes before Council for its approval pursuant to ~ 15.2-4906 of the Code of Virginia, which requires the municipality on whose behalf the bonds of an authority are issued to either approve or disapprove any financing recommended by a development authority within sixty (60) days of the date of the authority's public hearing. The Authority's public hearing was held on November 17,2009. Westminster-Canterbury is a not for profit assisted living facility providing residential care for the aged available to residents of the City. · Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of ~ 15.2-4906 of the Virginia Code. · Recommendation: Approval · Attachments: Resolution for City of Virginia Beach Location Map VBDA Submission to Council Affidavit of Publication & Notice Notice of Public Hearing Record of Public Hearing Development Authority's Resolution Disclosure Statement Authority's Statement Fiscal Impact Statement Summary Sheet Letter from Department of Economic Development, dated November 25, 2009 Recommended Action: Approval Submitting Department I Agency: Economic Development~ :oo:::::ll::~~~ , I II 1 RESOLUTION OF CITY COUNCil APPROVING THE 2 ISSUANCE OF RESIDENTIAL CARE FACILITY 3 MORTGAGE REVENUE BONDS (WESTMINSTER- 4 CANTERBURY OF HAMPTON ROADS, INC.) 5 SERIES 2009 6 7 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 8 has considered the application of Westminster-Canterbury of Hampton Roads, Inc. (the 9 "Company") for the issuance of the Authority's Residential Care Facility Mortgage 10 Revenue Bonds, Series 2009 in an amount not to exceed $6,000,000 (the "Bonds") to 11 assist in refunding the Authority's 2004B Bonds issued on March 24, 2004 with a 12 principal balance of $3,075,000, providing $1,200,000 in permanent financing for dining 13 room renovations and providing $1,725,000 for capital renovations and improvements to 14 existing facilities and has held a public hearing thereon on November 17, 2009; and 15 16 WHEREAS, the Authority has requested City Council (the "Council") of Virginia 17 Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section 18 147(f) of the Internal Revenue Code of 1986, as amended; and 19 20 WHEREAS, pursuant to Section 15.2-4906, Code of Virginia, 1950, as amended, 21 a copy of the Authority's Resolution approving the issuance of the Bonds, subject to the 22 terms to be agreed upon, and a reasonably detailed summary of the comments 23 expressed at the public hearing, if any, have been filed with the Council of the City of 24 Virginia Beach, Virginia. 25 26 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 27 BEACH, VIRGINIA: 28 29 1. The Council of the City of Virginia Beach, Virginia hereby approves the 30 issuance of the Bonds by the City of Virginia Beach Development Authority, in a 31 principal amount not to exceed $6,000,000 for the purpose of refunding the Authority's 32 2004B Bonds issued on March 24, 2004 with a principal balance of $3,075,000, 33 providing $1,200,000 in permanent financing for dining room renovations and providing 34 $1,725,000 for capital renovations and improvements to existing facilities, for the benefit 35 of Westminster-Canterbury of Hampton Roads, Inc. and to the extent required by 36 Section 147(f) of the Internal Revenue Code, to permit the Authority to assist in the 37 financing of the Project. 38 39 2. The approval of the issuance of the Series Bonds, as required by Section 40 147(f) does not constitute an endorsement of the Bonds or the creditworthiness of the 41 Company and, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as 42 amended, the Bonds shall provide that neither the City nor the Authority shall be 43 obligated to pay the Bonds or the interest due thereon or other costs incident thereto 44 except from the revenues and moneys pledged therefor, and neither the faith or credit 1-913353.1 45 46 47 48 49 50 51 52 53 54 55 56 nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaim all liability for any damages to any person, direct or consequential, resulting from the Authority's failure to issue the Bonds for the Project for any reason. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the ,2009. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ Economic Development CA-11217 Ilvbgov.comlDFS llApplicalionslCilyLawProdlcycom321 Wpdocs\D024\POO6100033336.DOC R-1 November 25,2009 2 1-913353.1 II VIRGINIA B&~CH November 25,2009 Department of Fconomic Development 222 Central Park Avenue. Suite 1000 Virginia Beach, VA 23462 (757) 385-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Westminster-Canterbury Residential Care Facility Mortgage Revenue Bonds Dear Mayor Sessoms and Members of Council: We submit the following in connection with the request of Westminster-Canterbury of Hampton Roads, Inc.' s application for the issuance of residential care facility mortgage revenue bonds in the amount of $6,000,000 for the project located at 3100 Shore Drive, Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 2. The Disclosure Statement is attached as Exhibit D. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit E. 4. The Fiscal Impact Statement is attached as Exhibit F. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit G. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit H. t~ .\' e" truly yours, . Ij) " l V\t' Douglas D. Ellis Secretary DDE/A WS Enclosures EXHIBIT A I S:i olJ ... ~ z !S I 1 H rl 1 III rl 1 Q)- 0 1 >..;t N 1 N I 'Url I ~lf'l rl I Ill.;t (V) 1 rl I >.r- H I III .. 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I "-' Q)'U UU 0 U "-' >.'0 .w :> 01 0 - III .w Q) riI OZ I "-' .0 .,-i ...:I o~ Z 0"-' III Q) III H .!><: -,-i Ill.c :r: UO 1 I'l; .,-i III ...:Irilo~ riI 0 '0 H 0 Q).,-i Ul..-i ~.c Ul Ul I H Ul >. HZCXlO ~ Q) III .c:> Q) O.rl 8 -,-i H ...:Ir:l I ...-I U Q) H 3:0rlZ riI .w>. Ul Q) Q) 8 -,-i 4-l 01 ..-i ...:I I'l;riI 1 III Ul H III ~ Ill.w .,-i 0.'0 Q).w4-lH-..o p:j 8...:1 I 01 .00 +.J riI +.J-,-i .c 0. III 4-l .c -,-i ::l',-i .::l P OH 1 Q) ::l"-' 0 ~ UlU 8 III S 08 UUl>N 0. 0.. 8~ 1 ...:I Ullll Z , I II EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) On November 17, 2009 The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Westminster-Canterbury of Hampton Roads, Inc., a Virginia nonstock, nonprofit corporation ("Westminster-Canterbury") and that a notice of public hearing was published in the Virginia Pilot, a newspaper having general circulation in the City of Virginia Beach, Virginia in accordance with applicable law governing the issuance of tax-exempt bonds. The Chairman indicated that a copy of the Notice and an Affidavit of Publication of such notice are to be filed with the records of the City Council of the City of Virginia Beach (the "Council"). The following individuals appeared on behalf of Westminster-Canterbury and addressed the Authority: Hugh L. Patterson (General Counsel) Dan Oetzel (Chief Financial Officer) Mr. Patterson briefly outlined the history of Westminster-Canterbury with tax-exempt bonds first being issued for the construction of its resident and health care facility at 3100 Shore Drive in Virginia Beach, Virginia in November of 1979, the opening of its doors to residents in January of 1982, and its history of operations over the past 25 years. He also gave a brief description of the resolution which requests the issuance of up to $6,000,000 of additional tax- exempt bonds (the "Bonds") for the purpose of refunding the Authority's 2004B Bonds issued on March 24,2004 with a principal balance of$3,075,000, providing $1,200,000 in permanent financing for dining room renovations and providing $1,725,000 for capital renovations and improvements to existing facilities and opened the floor for questions. Members of the Authority were satisfied with Mr. Patterson's presentation and had no questions or requests for additional information. The public benefits to be realized by the City of Virginia Beach as a result ofthe financing, as described by Mr. Patterson, are (a) renovated facilities which will continue to meet the current and future market demands of approximately 700 retired persons who now and in the future will reside at Westminster-Canterbury' s residential campus; (b) the continued availability of324 full time and 158 part time employment positions with an average annual salary of $32,581 and a total annual payroll of$12,885,081; (c) real estate taxes to be paid by Westminster-Canterbury to the City of Virginia Beach of approximately $870,148 each year; and (d) goods and services being purchased by Westminster-Canterbury each year within the City of Virginia Beach area totaling approximately $10,466,000. No other persons appeared to address the Authority, and the Chairman closed the public hearing. 1-913349.1 11/ 19/2009 The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of the Bonds and hereby transmits the Fiscal Impact Statement to the City Council of the City of Virginia Beach and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 2 1-913349.1 III 19/2009 II EXHIBIT C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDICATING ITS INTENT TO ISSUE UP TO $6,000,000 OF ITS RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS (\VESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) SERIES 2009 WHEREAS, Westminster-Canterbury of Hampton Roads, Inc. ("Westminster- Canterbury") has described its interest in having the City of Virginia Beach Development Authority (the "Authority") issue up to $6,000,000 of'its Residential Care Facility Mortgage Revenue Bonds, Series 2009 (the "Series 2009 Bonds") to refund the Authority's Residential Care Facility Mortgage Refunding Revenue Bonds (Westminster-Canterbury of Hampton Roads, Inc.) Series 2004B with an outstanding principal balance of $3,075,000, initially issued on March 24, 2004 to refund similar Bonds issued in 1999 to finance the acquisition, construction and equipping of Westminster-Canter bury's resident and health care facility located at 3100 Shore Drive in Virginia Beach, Virginia (the "Residential Campus"), to provide $1,200,000 in permanent financing for dining room renovations at the Residential Campus completed in August of 2009 by repaying principal due on a short-term construction loan with SunTrust Bank and to provide an additional $1,725,000 for various capital renovations and improvements to existing facilities at the Residential Campus; and WHEREAS, Westminster-Canterbury, in its application and in its appearance before the Authority, has requested that the Authority issue its Series 2009 Bonds under the provisions of Chapter 643 of the Acts of Assembly of 1964 and the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (collectively, the "Act"); and '" WHEREAS, a public hearing has been held as required by Section 147(t) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY THAT: 1. The foregoing recitals are approved by the Authority and are incorporated in, and deemed a part of this Resolution. 2. It is hereby found and determined by the Authority that the issuance of the Series 2009 Bonds by the Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience or prosperity and will further the public purposes of the Act and provide a public benefit to the City by, among other things, ensuring the continued availability of modem and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. 1-906639.2 thereof, including the City of Virginia Beach, shall be pledged to the payment of the principal of the Series 2009 Bonds or the interest thereon or other costs incident thereto. The Series 2009 Bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. 9. The Authority shall not be liable and hereby disclaims all liability to Westminster- Canterbury for any damages, direct or consequential, resulting from the Authority's failure to issue the Series 2009 Bonds for any reason, including but not limited to, the failure of the City Council of the City of Virginia Beach to approve the issuance of the Series 2009 Bonds. Nothing herein shall be construed as a commitment or obligation on the part of the Authority to adopt a final resolution or execute any documents with respect to Series 2009 Bonds. 10. Unless this Resolution is extended by the Authority, the Series 2009 Bonds shall be issued within one year from the date hereof or this Resolution shall become void and of no further force or effect. 11. The Authority hereby recommends that the City Council of the City of Virginia Beach approve the issuance of the Series 2009 Bonds and hereby directs the Chairman or Vice- Chairman of the Authority to submit to the City Council of the City of Virginia Beach a reasonably detailed summary of the comments, if any, expressed at the public hearing, the fiscal impact statement required by Virginia law, and a copy of this Resolution. 12. This Resolution shall take effect immediately upon its adoption. Adopted this \ If\,.. day of NOlie", ~('~09, by the City of Virginia Beach Development Authority. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHOIDTY ByJ~&s~ 3 1-906639.2 !, I II EXHIBIT 0 DISCLOSURE STATEMENT Date: November 2,2009 Applicant: Westminster-Canterbury of Hampton Roads, Inc. All Owners (if different from Applicant): None Type of Application: $6,000,000 Residential Care Facility Mortgage Revenue Bonds, Series 2009 to refund the Authority's Residential Care Facility Mortgage Refunding Revenue Bonds (Westminster- Canterbury of Hampton Roads, Inc.) Series 2004B with an outstanding principal balance of $3,075,000, initially issued on March 24~ 2004 to refund similar Bonds issued in 1999 to finance the acquisition, construction and equipping of Westminster-Canterbury's resident and health care facility located at 3100 Shore Drive in Virginia Beach, Virginia (the "Residential Campus"), to provide $1,200,000 in permanent financing for dining room renovations at the Residential Campus completed in August of 2009 by repaying principal due on a short-term construction loan with SunTrust Bank and to provide an additional $1,725,000 for various capital renovations and improvements to existing facilities at the Residential Campus 1. The Applicant is a Virginia corporation. 2. The Applicant is the owner of the Project. 3. The current officers and trustees of Applicant are listed on the attached Exhibit A. WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. BY~~ ~ Gen I Counsel 1-906640.2 . , , The Officers of Westminster-Canterbury are: Chairman: Charles D. Robison, III Fulton Bank P. O. Box 61009 Virginia Beach, V A 23466 Vice Chairman: Mary Louis LeHew 917 Larchmont Crescent Norfolk, VA 23508 Secretary: Tazewell G. Taylor Sullivan, Andrews & Taylor, P.c. 5544 Greenwich Road, Suite 103 Virginia Beach, V A 23462 Treasurer: Howard P. Kern Sentara Health Care 6015 Poplar Hall Drive, Suit<:: 300 Norfolk, VA 33502 President: Erle Marie Latimer 3100 Shore Drive Virginia Beach, V A 23451 Chief Financial Officer and Daniel C. Oetze1 Assistant Treasurer: 3100 Shore Drive Virginia Beach, VA 23451 Vice President for Resident & Health Judith O'Toole Raymond Services and Assistant Secretary: 3100 Shore Drive Virginia Beach, VA 23451 Vice President for Development and Robert A. Heely Community Relations: 3100 Shore Drive Virginia Beach, VA 23451 Vice President for Human Resources: Lorraine D. Mahone 3100 Shore Drive Virginia Beach, VA 23451 1-906640.2 II '. . \ . Trustees of Westminster-Canterbury are: 1. Appointed by the Episcopal 2. Appointed by the Presbytery of Diocese: Eastern Vire:inia RADM Byron E. Tobin, Jr. Mrs. Sheilah Johnson 401 College Place #4 1505 Rick Fletcher Ct. Norfolk, VA 23510 Chesapeake, VA 23321 Mr. Howard P. Kern Dr. Clarence A. Holland Sentara Healthcare 4328 Sandy Bay Drive 6015 Poplar Hall Drive, suite 300 Virginia Beach, V A 23455 Norfolk, VA 23502 Mr. George L. Compo Mr. Alvin A. Wall Compo Construction Company Wall, Einhorn & Chernitzer, P.C. 2704 Florida Avenue 555 Main Street, Suite 1500 Norfolk, VA 23513 Norfolk, VA 23510 Dr. William T. Greer, Jr. Mr. C. Ben Mason Virginia Wesleyan College SunTrust Bank 1584 Wesleyan Drive 150 W. Main St., 14th Floor Norfolk, VA 23502 Norfolk, VA 23510 Mr. Charles D. Robison, III Ms. Martha Sims Fulton Bank Virginia Beach Dept. of Public Libraries P.O. Box 61009 2416 Courthouse Drive - Bldg. 19 VirJrinia Beach, VA 23466 Virginia Beach, V A 23456 Ms. Susan T. Bernard Mrs. Mary Louis LeHew 1337 Graydon Avenue 917 Larchmont Crescent Norfolk, VA 23507 Norfolk, VA 23508 Mr. Page G. Lea Mr. E. George Middleton, Jr. Capes Capital Management, Inc. 2510 Cromwell Road 300 West Freemason Street Norfolk, VA 23509 Norfolk, VA 23510 The Rev. Harold J. Cobb, Jr. Mr. Tazewell G. Taylor 1931 Paddock Road Sullivan, Andrews & Taylor, P.C. Norfolk, VA 23518 5544 Greenwich Rd., Suite 103 Vircinia Beach, VA 23462 1-906640.2 EXHIBIT E VIRGINIA BK~CH Department of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 385-6464 FAX (757) 499-9894 Website: www.vbgov.com E-mail: ecdev@vbgov.com CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $6,000,000 RESIDENTIAL CARE FACILITY MORTGAGE REVENUE BONDS WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC.) SERIES 2009 The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above-captioned financing. Westminster-Canterbury of Hampton Roads, Inc.'s residential facilities continue to promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist as existing life-care facility to remain current in meeting new market demands for its services, maintain its substantial employment census, increase its revenues and add to the City's economic tax base. II EXHIBIT F FISCAL IMP ACT STATEMENT DATE: TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Westminster-Canterbury of Hampton Roads, Inc. TYPE OF FACILITY: Life Care Facility 1. Maximum amount of financing sought $ 6,000,000 2. Assessed value ofthe facility's real property for Fiscal Year 2009 $ 97,769,500 3. Real property taxes for Fiscal Year 2009 $ 870,148 4. Personal property taxes for Fiscal Year 2009 $ 75,000 s. Estimated merchant's capital (business license) tax per year using present tax rates $ 835 6. Estimated dollar value of goods and services that will be purchased locally in Fiscal Year 2009 $ 10,466,000 7. Estimated number of regular employees for Fiscal Year 2009 324 full time and 158 part time 8. Average annual salary and benefits per employee $ 41,652 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of Virginia Beach Development Authority By .~;'_ \~ v ~\/ / 1.906646.1 EXHIBIT G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Westminster-Canterbury of Hampton Roads, Inc. 2. LOCATION: DESCRIPTION OF PROJECT: 3100 Shore Drive, Virginia Beach, Virginia 23451 3. Payment for dining room renovations completed in August of 2009 and the construction of various renovations and improvements to existing facilities at Westminster-Canterbury's Residential Campus 4. AMOUNT OF BOND ISSUE: $6,000,000 5. PRINCIPALS: Episcopal Diocese of Southern Virginia and Presbytery of Eastern Virginia, Presbyterian Church (USA) 6. ZONING CLASSIFICATION: a. Present zoning classification the Property: B-4 No -.XL b. Is rezoning proposed: Yes c. If so, to what zoning classification: 1-906649.1 10/30/2009 II EXHIBIT H VIRGINIA BR~CH Depurtment of Economic Development 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 (757) 385-6464 FAX (757) 499-9894 Websile: www.vbgov.com E-mail: ecdev@vbgov.com November 24, 2009 Mr. Donald V. Jellig Chair Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Re: Westminster-Canterbury of Hampton Roads, Inc. Dear Don: The Department of Economic Development concurs with the issuance of residential care facility mortgage revenue bonds in an amount not to exceed $6,000,000 for Westminster-Canterbury of Hampton Roads, Inc. The issuance of these bonds by the Authority will be in the public interest, will benefit the inhabitants of the City of Virginia Beach through the promotion of their safety, health, welfare, convenience of prosperity and will provide a public benefit to the City by, among other things, ensuring the availability of modem and efficient medical services, special care and secure living accommodations for the elderly in accordance with their special needs. These funds are to be utilized primarily to finance the cost of refunding the Authority's 2004B Bonds issued on March 24,2004 with a principal balance of $3,075,000, and providing $1,725,000 for capital renovations and improvements to existing facilities. I will be happy to answer any questions you may have at our next meeting. ~~ Mark R. Wawner Project Development Coordinator MRW/AWS/csk II ~ ~~, ~, I >~ ('j ,~jJ ~ F" #.i ~y CITY OF VIRGINIA BEACH AGENDA ITEM A Resolution Referring to the Planning Commission an Ordinance to Amend Sections 111, 211 and 212 of the City Zoning Ordinance and to Add a New Section 211.1, Defining the Term "Roadside Guide Sign" and Establishing Requirements for Allowing such Signs in the Public Right-of- Way MEETING DATE: December 8, 2009 ITEM: . Background: The ordinance referred to the Planning Commission by this resolution pertains to the establishment of requirements for allowing roadside guide signs to be located in the public right of way. The ordinance was requested by Councilmembers John E. Uhrin and Glenn B. Davis. . Considerations: Such roadside guide signs will require a resolution of City Council and can only be used for cultural, literary, scientific or artistic establishments which are not-for-profit. This resolution will refer the ordinance to the Planning Commission for its comments and recommendation. . Attachments: Resolution, Ordinance Recommended Action: Adopt Resolution Submitting Department/Agency: City Manager 1 REQUESTED BY COUNCILMEMBERS JOHN E. UHRIN AND GLENN B. DAVIS 2 3 A RESOLUTION REFERRING TO THE PLANNING 4 COMMISSION AN ORDINANCE TO AMEND SECTIONS 5 111,211 AND 212 OF THE CITY ZONING ORDINANCE 6 AND TO ADD A NEW SECTION 211.1, DEFINING THE 7 TERM "ROADSIDE GUIDE SIGN" AND ESTABLISHING 8 REQUIREMENTS FOR ALLOWING SUCH SIGNS IN THE 9 PUBLIC RIGHT-OF-WAY 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the above-entitled ordinance, a copy of which is attached, is hereby referred 15 to the Planning Commission for its consideration and recommendation. 16 17 Adopted by the City Council of the City of Virginia Beach, Virginia, this 18 day of ,2009. APPROVED AS TO LEGAL SUFFICIENCY: ~ JJ)cUA ~/lfoJ City Attorney's Office CA 11346 R-2 December 2, 2009 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 II REQUESTED BY COUNCILMEMBERS JOHN E. UHRIN AND GLENN 8. DAVIS AN ORDINANCE TO AMEND SECTIONS 111, 211 AND 212 OF THE CITY ZONING ORDINANCE AND TO ADD A NEW SECTION 211.1, DEFINING THE TERM "ROADSIDE GUIDE SIGN" AND ESTABLISHING REQUIREMENTS FOR ALLOWING SUCH SIGNS IN THE PUBLIC RIGHT-OF-WAY Sections Amended: City Zoning Ordinance Sections 111, 211 and 212 Section Added: City Zoning Ordinance Section 211.1 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111, 211 and 212 of the City Zoning Ordinance of the City of Virginia Beach, Virginia, are hereby amended and reordained, and a new Section 211.1 is hereby added, to read as follows: Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: Sian, roadside Guide. A sian, located within a public riqht-of-way. indicatinq the direction in which a use or establishment. other than a use or establishment owned or operated by a aovernmental entity, is located. 45 COMMENT 46 47 The amendment defines the term "roadside guide sign." The term is reserved for signs 48 relating to uses or establishments not owned or oper-ated by governmental entities. The regulations 49 pertaining to roadside guide signs are set forth in the proposed new Section 211.1 of the City 50 Zoning Ordinance, set forth below. 51 52 Sec. 211. Signs permitted in all districts. 53 54 The following types of signs are exempted from all of the provisions of this 55 ordinance, except for illumination, construction, and safety regulations and the following 56 standards: 57 58 59 60 (k) Roadside auide sians. Roadside auide sians, subiect to the provisions of 61 section 211.1. 62 63 COMMENT 64 65 The amendment allows roadside guide signs in all zoning districts. The regulations 66 pertaining to such signs are set forth in the proposed new Section 211.1 of the City Zoning 67 Ordinance, set forth below. 68 69 70 Sec. 211.1. Roadside Quide siQns. 71 72 Roadside auide sians shall be permitted. subiect to the followino provisions: 73 74 (a) Sions shall be allowed only by resolution of the City Council upon the 75 application of the owner or operator of a use or establishment operated exclusivelv for 76 cultural. literary. scientific or artistic purposes and on a not-for-profit basis; 77 78 (b) Applications for such sions. which shall include an application fee in the 79 amount of Two Hundred Fifty Dollars ($250.00). shall be made to the Director of 80 Plan nino on forms prescribed by him; 81 82 (c) No sions shall be laroer than five (5) square feet in area or hioher than 83 eioht (8) feet above around level; 84 85 (d) No use or establishment shall be the subiect of more than three (3) 86 roadside ouide sions; provided, however, that the City Council may allow additional 87 sions if it finds that three (3) sions are insufficient to provide motorists with adequate 88 ouidance to the use or establishment; 89 90 (e) Only the name of the use or establishment, a 1000 or other oraphic svmbol 91 indicatino the type of use or establishment. a directional arrow and the mileaoe to the 92 use or establishment may be displayed. The letterino, oraphic elements and 2 II 93 backaround shall be approved by the Director of Public Works or his desianee in 94 accordance with the standards for such sianaae adopted by the Department of Public 95 Works; 96 97 (f) Sians shall be erected only in the specific locations approved by the City 98 Council as necessary to provide route confirmation and continuity of auidance to the 99 use or establishment. The Department of Public Works may relocate a sian if 100 necessary to accommodate public sianaae reQuirements; and 101 102 (0) Sians shall be maintained in aood condition at all times. Any sian not in 103 aood condition shall be subiect to removal and disposal by the Department of Public 104 Works. 105 106 COMMENT 107 108 The proposed section sets forth the requirements for roadside guide sign age. Among those 109 requirements is that such signage is subject to approval by the City Council. The $250.00 110 application fee is the identical amount required for encroachments pursuant to City Code Section 111 33.1-113. 112 113 Sec. 212. Prohibited signs. 114 115 The following signs shall be prohibited: 116 117 118 119 (c) Signs in any public right-of-way, except as provided in section 211 (a) or 120 section 211(k). 121 122 123 COMMENT 124 125 The amendment conforms this section to the provisions ofthe proposed new section 211.1. 126 Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of ,2009. APPROVED AS TO LEGAL SUFFICJENCY: W[14j{( f~)I)lt4/( City Attorney's Office CA-11326 R-2 November 25,2009 3 II L. PLANNING 1. Application of VIOLA BUILDING CORPORATION re an enlargement of nonconforming structures at 6900 Atlantic Avenue and 203 69th Street DISTRICT 5 - L YNNHA VEN RECOMMENDATION APPROVAL 2. Application of CENTRAL ASSOCIATES OWNER'S ASSOCIATION, INC. for a Conditional Use Permit re an enclosed bulk storage yard at 500 and 508 Central Drive DISTRICT 6 - BEACH RECOMMENDATION APPROV AL 3. Application of DANIEL E. POSTON for a Conditional Use Permit re motor vehicle sales and service at 3336 Holland Road DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 4. Application of ROCK CHURCH for a Conditional Use Permit re religious use (Seminary) at 640 Kempsville Road DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL 5. Application of JESSUP CONSTRUCTION L.L.C.lJOHN P. MYERS for a Change of Zoning District Classification from R-40 Residential District to Conditional R-20 Residential District re four (4) single family waterfront lots at 1125 and 1129 Trantwood Avenue DISTRICT 5 - L YNNHA VEN RECOMMENDATION DENIAL 6. Ordinance re the Comprehensive Plan ofthe City of Virginia Beach, dated October 1,2009, with Exhibits I-A and 1-B and including the Land Use and Master Transportation Plan maps. RECOMMENDATION ADOPTION II ~.~ ',(,E''':'~:}y r6', ;'1:,,' -,....,--'~ i~ /~, ',. ~ \" -- " Z \~~ty NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chdmber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, December 8, 2009, at 6:00 p.m. The following applications will be heard: L YNNHAVEN DISTRICT Viola Building Corporation Application: 'l,;onconfonning Structures at 6900 Atlantic ;\venue dnd 203 69th Street i GPIN :419647983). JeSS!jp Construction L.L.C./ John P. Myers \pplication: Chane.e of Zoning District 1~lassification from R-40 Residential to ConditionaIR-20 Residential at 1125 and 1129 Trantwood Avenue. Comprehensive ;)lal1 - Primary Residential Area. Purpose - create four lots from exi~,ting two lots. Jeferred from October 27. 2009. CITY OF VIRGINIA BEACH Ordinance adopting tf'le Comprehensive Plan Of the City of Virginia Beach. ROSE HALL DISTRICT Daniel E. Poston Application: Conditional Use Permit for motor vehicle sales and _~el'Vice at 3336 Holland Road. BEACH DISTRICT Central Associates Owner's Association, Inc. ^pphcation: Conditional Use Permit for a oulk storage yard at 500 and 508 Central Drive. I,EMPSVILLE DISTRICT Rock Church Application: ConditiC'nal Use permit for rB::gious use at 640 Kempsville Road. All interested citIzens are invited to attend. Ruth Hedges Fraser, MMC City Clerk Copies of the proposed ordinances, i:'soiutlons and amendments are on file and 'lay be examined in ',I,e Department of Planning or cnline at ':1tJrLJ.v~.vbgov,Gpm'oc For information ,:al! 385-..t621. I~ : au dm physically disabled or visually impaired dnd need assistance at tl,is "\-;eting, please Cill! the CITY CLERK'S OFFICE at 385-4303. .., - -.- ,,- " '.", 0..,;1,. "Ja ,}(,\(,\Q 'JilP.(lPF.1? II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlaraement of Nonconformina Structures on Property Located at 6900 Atlantic Avenue and 203 69th Street owned by Viola Building Corporation. l YNNHA VEN DISTRICT MEETING DATE: December 8, 2009 . Background: The applicant requests to renovate and add a second story to the dwelling unit at 6900 Atlantic Avenue and to replace the dwelling at 203 69th Street by demolishing the existing structure and constructing a new dwelling. The existing dwellings were constructed prior to 1953 and are on property zoned R-5R Resort Residential District. Both units are located on the same 9,000 square foot lot; therefore, the proposed alterations are considered changes to a nonconforming use, as the Zoning Ordinance requires that each single-family dwelling in the R- 5R Resort Residential District be located on a separate parcel. Since the existing lot is 9,000 square feet in size, it cannot be subdivided into two conforming lots of 5,000 square feet, which is required for a single-family dwelling in the R-5R District. . Considerations: The applicant could opt, by right, to construct one duplex, with access to both units likely facing 69th Street. The probable result would be a narrow, three-story duplex with a very long fayade facing 69th Street. This highly visible building would be out of character with many of the older, quaint beach cottages typical of the North End. The request to continue to have two single-family dwellings on one lot is similar to a development option available for property owners in the Old Beach neighborhood, south of 31st Street. In the Old Beach area, an overlay district allows this type of development on a site provided certain design criteria are met. The proposed architectural style and superior building materials are reminiscent of old beach cottage designs, which are in line with the goals of the North Virginia Beach Civic League. The applicant has taken care to design the additions and reconstruction so as to protect several significant live oak trees on the property. An existing unsightly riprap wall along Atlantic Avenue is slated for removal as well as an existing shed within the front yard setback. The remodel of the dwelling to the west requires no encroachments into the setbacks and the new dwelling along Atlantic Avenue is proposed with encroachments into the setbacks as follows: a 13.7 foot encroachment into the side yard setback and a 2.6 foot encroachment into the front yard setback. VIOLA BUILDING CORPORATION Page 2 of 2 Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity." It is Staff's opinion that the proposed changes to the site are preferable to the by-right development of a duplex. . Recommendations: Staff concludes that the request is reasonable, as the density will remain the same as the by-right option, will have a minimal impact, and should be as appropriate or more appropriate to the district as the existing non-conforming use. The request, therefore, is acceptable as submitted, subject to the conditions below. 1. The site shall be redeveloped substantially as shown on the exhibit entitled, "CONCEPTUAL SITE PLAN VIOLA RESIDENTIAL DEVElOPMEMT, 201 & 203 69TH STREET, VIRGINIA BEACH, VIRGINIA," prepared by WPl, dated August 26,2009, which has been exhibited to the City Council and is on file in the Planning Department. 2. The architectural alterations to the eastern dwelling and the reconstruction of the western dwelling shall substantially adhere to the submitted elevations in terms of architectural style and building materials, which have been exhibited to the City Council and are on file in the Planning Department. 3. The applicant shall provide a tree protection plan to the Current Planning Division of the Planning Department for review prior to the issuance of a building permit for either dwelling. 4. Approval for encroachments into the right-of-way, including but not limited to landscaping and parking spaces, shall be sought during final site plan review, if deemed necessary by Public Works/Real Estate. . Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Department CIty Manager~)L,~ II 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF NONCONFORMING 3 STRUCTURES ON PROPERTY LOCATED 4 AT 6900 ATLANTIC AVENUE AND 203 69TH 5 STREET OWNED BY VIOLA BUILDING 6 CORPORATION. 7 8 WHEREAS, Viola Building Corporation (hereinafter the "Applicant") has made 9 application to the City Council for authorization to enlarge nonconforming structures 10 having the addresses of 6900 Atlantic Avenue and 203 69th Street, in the R-5R Resort 11 Residential District, by adding a second floor to one single-family dwelling and replacing 12 another single-family dwelling; and 13 14 WHEREAS, the said structures are nonconforming, as there are two single-family 15 dwellings located on the same parcel of land, which is not allowed in the R-5R Zoning 16 District; and 17 18 WHEREAS, the two dwellings were constructed prior to the adoption of the 19 applicable regulations; and 20 21 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 22 enlargement of nonconforming structures is unlawful in the absence of a resolution of 23 the City Council authorizing such action upon a finding that the proposed structures, as 24 enlarged, will be equally appropriate or more appropriate to the zoning district than are 25 the existing structures; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the City Council hereby finds that the proposed structures, as enlarged, will 31 be equally appropriate to the district as are the existing structures under the conditions 32 of approval set forth hereinbelow. 33 34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 35 BEACH, VIRGINIA: 36 37 That the enlargement of the nonconforming structures is hereby authorized, upon 38 the following conditions: 39 40 1. The site shall be redeveloped substantially as shown on the exhibit 41 entitled, "CONCEPTUAL SITE PLAN VIOLA RESIDENTIAL 42 DEVELOPMENT, 201 & 203 69TH STREET, VIRGINIA BEACH, 43 VIRGINIA," prepared by WPL, dated August 26,2009, which has been 44 exhibited to the City Council and is on file in the Planning Department. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 of 2. The architectural alterations to the eastern dwelling and the reconstruction of the western dwelling shall substantially adhere to the submitted elevations in terms of architectural style and building materials, which have been exhibited to the City Council and are on file in the Planning Department. 3. The applicant shall provide a tree protection plan to the Current Planning Division of the Planning Department for review prior to the issuance of a building permit for either dwelling. 4. Approval for encroachments into the right-of-way, including but not limited to landscaping and parking spaces, shall be sought during final site plan review, if deemed necessary by Public Works/Real Estate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day ,2009. APPROVED AS TO \ APPRPVED AS TO LEGAL SUFFICIENCY: w~)0 City Attorney's Office CA 11343 R-2 November 24, 2009 II F,N. L;.:OO;.(18 ~[JrC' !'.:J.ri; p-, N'oll-Cun{orming u....e REQUEST: Enlaroement of Nonconformino Structures December 8, 2009 City Council Meeting APPLICANT & PROPERTY OWNER: VIOLA BUILDING CORPORATION, A VIRGINIA CORPORA TION STAFF PLANNER: Carolyn AK. Smith ADDRESS I DESCRIPTION: 6900 Atlantic Avenue & 203 69m Street GPIN: 24196479830000 ELECTION DISTRICT: LYNNHAVEN SITE SIZE: 9,000 square feet AICUZ: Less than 65 dB DNL SUMMARY OF REQUEST The applicant requests to renovate and add a second story to the dwelling unit at 6900 Atlantic Avenue and to replace the dwelling at 203 69th Street by demolishing the existing structure and constructing a new dwelling. The existing dwellings were constructed prior to 1953 and are on property zoned R-5R Resort Residential District. Both units are located on the same 9,000 square foot lot; therefore, the proposed alterations are considered changes to a nonconforming use, as the Zoning Ordinance requires that each single-family dwelling in the R-5R Resort Residential District be located on a separate parcel. Since the existing lot is 9,000 square feet in size, it cannot be subdivided into two conforming lots of 5,000 square feet, which is required for a single-family dwelling in the R-5R District. As required by the Zoning Ordinance, the front yard setback of 20 feet is measured from Atlantic Avenue, the shortest dimension along a right-of-way, and the side yard setback of 18 feet is measured from 69th Street. Both dwellings currently have encroachments into the setbacks: the western unit into the rear yard setback (13.4 feet) and the eastern unit into the side yard setback (11.44 feet). The submitted site plan VIOLA BUILDING CORPORATION I Nonconforming Use December 8, 2009 City Council Meeting Page 1 depicting the new, proposed improvements show only the eastern unit with a bit more encroachment than the existing dwelling. A 13.7 foot encroachment into the side yard setback and a 2.6 foot encroachment into the front yard setback are proposed. An existing shed in the front yard setback is slated for removal. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Two single-family dwelling units on one lot. SURROUNDING LAND USE AND ZONING: North: South: East: . Single-family dwellings I R-5R Residential District . 69th Street . Single-family dwellings I R-5R Residential District . Atlantic Avenue . Single-family dwellings I R-5R Residential District . Single-family dwellings I R-5R Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: The property is within the Chesapeake Bay watershed. There are several large old live oaks on the property that will be protected. There do not appear to be any cultural resources on the site. IMPACT ON CITY SERVICES TRAFFIC: The proposal has no impact on traffic or roadway issues. WATER & SEWER: This site is already connected to City water and sanitary sewer. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The applicant requests to renovate and add a second story to the dwelling unit addressed as 6900 Atlantic Avenue and demolish and construct a new dwelling unit at 203 69th Street, both units being on the same 9,000 square foot lot. As there are two units on this R-5R zoned lot, both constructed prior to 1953, they are considered to be nonconforming. The R-5R Residential District permits either single-family dwellings or duplex dwellings. The applicant could opt, by right, to construct one duplex, with access to both units likely facin~ 69th Street. The probable result would be a narrow, three-story duplex with a very long facade facing 69 h Street. This highly visible building would be out of character with many of the older, quaint beach cottages typical of the North End. The request to continue to have two single-family dwellings on one lot is similar to a development option available for property owners in the Old Beach VIOLA BUILDING CORPORATION I Nonconforming Use December 8,2009 City Council Me~ing page 2 II neighborhood, south of 31st Street. In the Old Beach area, an overlay district allows this type of development on a site provided certain design criteria are met. The proposed architectural style and superior building materials are reminiscent of old beach cottage designs, which are in line with the goals of the North Virginia Beach Civic League. The applicant has taken care to design the additions and reconstruction so as to protect several significant live oak trees on the property. An existing unsightly riprap wall along Atlantic Avenue is slated for removal as well as an existing shed within the front yard setback. The remodel of the dwelling to the west requires no encroachments into the setbacks and the new dwelling along Atlantic Avenue is proposed with encroachments into the setbacks as follows: a 13.7 foot encroachment into the side yard setback and a 2.6 foot encroachment into the front yard setback. Section 105(d) of the City Zoning Ordinance states that no nonconforming use or structure shall be enlarged, extended, reconstructed, or structurally altered unless the City Council finds that the proposed use will be "equally appropriate or more appropriate to the district than is the existing nonconformity." It is Staff's opinion that the proposed changes to the site are preferable to the by-right development of a duplex. Staff concludes that the request is reasonable, as the density will remain the same as the by- right option, will have a minimal impact, and should be as appropriate or more appropriate to the district as the existing non-conforming use. CONDITIONS 1. The site shall be redeveloped substantially as shown on the exhibit entitled, "CONCEPTUAL SITE PLAN VIOLA RESIDENTIAL DEVELOPMEMT, 201 & 203 69TH STREET, VIRGINIA BEACH, VIRGINIA," prepared by WPL, dated August 26, 2009, which has been exhibited to the City Council and is on file in the Planning Department. 2. The architectural alterations to the eastern dwelling and the reconstruction of the western dwelling shall substantially adhere to the submitted elevations in terms of architectural style and building materials, which have been exhibited to the City Council and are on file in the Planning Department. 3. The applicant shall provide a tree protection plan to the Current Planning Division of the Planning Department for review prior to the issuance of a building permit for either dwelling. 4. Approval for encroachments into the right-of-way, including but not limited to landscaping and parking spaces, shall be sought during final site plan review, if deemed necessary by Public Works/Real Estate. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. VIOLA BUILDING CORPORATION I Nonconforming Use December 8, 2009 City Council Meeting Page 3 AERIAL OF SITE LOCATION VIOLA BUILDING CORPORATION I Nonconforming Use December 8, 2009 City Council M~~ing Page 4 \\ ........""" .......... ....................... . ~:. \\ ,. ~ .-:; \ " nl\\'Ia ~~>>>'!l \ ~i \l ~ 'i~~\ \ \\ 11 ~ ~ 'p i\ i\\ i\\ \ .\ ~ A\\ \\\~ \, \\ ~ \\ .. . ~ \. , ,'1'. .' i 1 \ l' ..' , " ~\ \ \- - t.J ~ '" '% .' f .... ",- ~' ~ '" .. \ \\ $ .'\ l i i' ~ .............~ ~l E)l\S1\t'lG S\1E cOt'lO\1\C POR!' lIoN I NoOCOotofll\ing \. \/\OLA BU\LO\NG COR b 8 2009 Citj couneil lIAe8 oecem ef , pac . ~ - = z z g z c !< Q S ~ ~ ~ u.J ! 1~ ...J ~ t..:: i: w.: ... '8 :;; i= 5! ~ 5 .. 1; ~ 'lg trJ '" ! ~ ~ w l~ trJ (;l ; :;) :;) ~ z :6 0 9 ::: ~ ~ e<: ~ C ~ ;.:.: '" z ;z ;z ~ ~ Ct: 0 0 u.: '" '-' ~ '" '" ~ /-' ,r ! ~t>!!i :.: ~ ... :: ~~ j: ~~ ~ ~ i~ J t~, ~ l~ ~ ,~i - h,. hi!~l!. ~~" ~~ ~)~ ,:; >':'jlt ~. ,qj ~.h !~. t I ,i ,"",,, i . ;'1 " :'~ ~ t ~~ tt~ '::l~. "... ii 2t i~ Eo- :z ~ ~ =- o .::l '" r;;J fl > fT ~ ~ Q~E 1;i,~ .::l .. II: < S:~ .... .= ~ ~ ~,j :z ~ ~ r~' .!! ~ Z _ m < ~ ~ Ic~ =- -;::: t IoT;j rI..l ...r i: t:~ ~:: rIl ...' li ... v., < -< :: ;: :;> .-l eo < . F- ~\C, :s .::lo a ~ U '"'l< Z .... ~ .. 0"-.... - i U~~~ PROPOSED SITE LAYOUT VIOLA BUILDING CORPORATION / Nonconforming Use December 8, 2009 City Council Meeting Page 6 , I' II \~ -r t-- PROPOSED BUILDING ELEVATION - Fa~ade facillg 69th Street of East Dwelling VIOLA BUILDING CORPORATION I Nonconforming Use December 8, 2009 City Council Meeting Page 7 PROPOSED BUILDING ELEVATION - Facade facing Atlantic Avenue of East Dwelling VIOLA BUILDING CORPORATION / Nonconforming. Use December 8, 2009 City Council Meeting Pages \\ ,''if .(<",~ ~, 9. ~ , uJ ...;.l uJ uJ ~ r ~ ,~ u ~ oJ t--' fJ). uJ ~ PROPOSEO BU\\.O""G E\.E,,~l~S fac;;ade facing 69't.1 street of ~e$\ OWe\\ il.l> oRA ,IO\'l1 \'loncOf\iO{tI\ing\l \J\oLA BU\LO\NGoCO \o,.ef B 2009 C~ council WI, ~ e~mv ' p~ N P-l j First Landing State Park p-, 10/28/09 06/23/98 ~ Non-Conforming Use Non Conformin Use Subdivision Variance j Granted Granted ZONING HISTORY VIOLA BUILDING CORPORATION / Nonconforming Use December 8,2009 City Council Meeting Page 10 II z o I I ~ U I I ~ ~ ~ J;:J;.:1 CI') p t.::) z ~ o ~ Z o u . Z o Z DISCLOSURE ST A TEMEN APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unmcorporated 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) Viola Building Corporation: Albert E. Viola, President Julie L. Byrd, Secretary 2. List all businesses that have a parent-subsidiary1 or affiliated business entitf relationship with the applicant: (Attach list if necessary) I , o Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. I PROPERTY OWNER DISCLOSURE I 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. Ust all businesses that have a parent-subsidiary1 or affiliated business entit)? relationship with the applicant: (Attach list if necessary) t i o Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ~ ? , & . See nen page fer footnotes Non-Ccnformmg use A;:>plicatiof Page S of 9 Revised &11120(')4 DISCLOSURE STATEMENT VIOLA BUILDING CORPORATION I Nonconforming Use December 8,2009 City Council Meeting Page 11 STATEMENT ADDmONAl DISCLOSURES that have or will provide seMces with respect but not Jimlted to th& providers of areh1ectur81 services, aCC'OUTlting seMc&&, and fepl . "means "8 reJationship . when one shares posseuing more of the ." See State and LooaJ Government ComI1d of 101. than eertifYlhat the inform~ contained herein is true and 8,CCUrate. .i'.....(posttard} that the..~has been for Obtaining and .posting the~lred prior to the scheduled publiC hearing Albert E. Viola, President Print Name applicMt) PrInt Name z o I I ~ U t I ~ ~ ~ CI".:I ~, o 2$ ~ o J;:I;..c. Z o u . Z o Z DISCLOSURE STATEMENT VIOLA BUILDING CORPORATION I Nonconforming Use December 8, 2009 City Council Meeting Page 12 Central Associates Owners Association Inc. 1-2 B L(in Oceana Naval Air Station 1-2 CUP - Bulk Storage Yard II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CENTRAL ASSOCIATES OWNERS ASSOCIATION, INC., Conditional Use Permit, bulk storage yard, 500 and 508 Central Drive. BEACH DISTRICT. MEETING DATE: December 8,2009 . Background: The applicant requests a Conditional Use Permit to allow a bulk storage yard for the purpose of storing materials used by the office, warehouse, and manufacturing businesses located on this site. The applicant, unaware of the requirement for a Conditional Use Permit, has allowed the area behind the multi- unit industrial buildings to be used for bulk storage by business owners with condominium units located on the parcel. Examples of items that are currently stored within the yard consists of landscaping equipment, playground equipment, materials used in carpentry, and storage containers containing pipes, plumbing fixtures, etc. The Comprehensive Plan designates this site as part of Strategic Growth Area 9 of the City of Virginia Beach. Low-intensity industrial uses that conform to AICUZ provisions are suitable for the southern and eastern part of this Strategic Growth Area. . Considerations: The site consists of two buildings centered on the parcel and configured in the shape of a horseshoe. There are 141 parking spaces dispersed along the front, sides, and rear of the buildings. The bulk storage yard is located on an undeveloped space at rear of the site and within the interior of the horseshoe- shaped layout of the buildings. The bulk storage yard, therefore, cannot be seen from Central Drive or London Bridge Road. The request for a Conditional Use Permit to store materials within an enclosed bulk storage yard is acceptable. The site is totally surrounded by industrial uses and has been used for a bulk storage yard for over ten years. The site is also located within a Greater than 75 dB Ldn AICUZ and a portion of the site is located within Accident Potential Zone 2, and the site is subject to an easement owned by the United States Navy. the proposed bulk storage yard is compatible with the AICUZ and is allowed under the terms and conditions of the Grant of Easement. CENTRAL ASSOCIATES OWNER'S ASSOCIATION, INC. Page 2 of 2 There was opposition to this request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 8-1 to recommend approval to the City Council with the following conditions: 1. The site layout shall substantially conform to the marked-up site plan entitled "Plat of Central Associates Condominium" by Rouse Cut right & Associates, P.C. and dated 11/22/88. 2. The storage yard shall be completely enclosed, except for necessary openings for ingress and egress, by an opaque fence not less than six feet in height. 3. The storage yard may be improved with an appropriate surface treatment and stormwater treatment as determined during site plan review and as approved by the Planning Director. 4. The applicant shall comply with the terms and conditions of the Grant of Easement governing this property including the following: a. Only office space maintained in connection with the allowed use shall be permitted; b. No retail sales shall be conducted except as an auxiliary function of enterprises permitted; c. No storage, distribution or handing of explosives, petrochemicals or petroleum-related products shall be allowed at the facility; d. Nothing on the property shall exceed the height restriction over the property; and e. No unidentified use is in violation of any other easement restrictions shall be permitted. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ^ !uI Submitting Department/Agency: Planning Department 1\ k.~~ j II 19 1-2 November 12 , 2009 Public Hearing APPLICANT I PROPERTY OWNER: CENTRAL ASSOCIA TES OWNER'S ASSOCIA TION, INC. Oceana Na.al Air Station ST AFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (bulk storage yard) ADDRESS I DESCRIPTION: 500 & 508 Central Drive GPIN: 1496888629 ELECTION DISTRICT: BEACH SITE SIZE: 3.678 acres AICUZ: Greater than 75 dB DNL APZ-2 APPLICATION HISTORY: The applicant requested deferral prior to being heard at the September 9,2009 Planning Commission in order to meet with other business owners located within the condominium building association. The applicant reports that the meeting has occurred. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a bulk storage yard for the purpose of storing materials used by the office, warehouse, and manufacturing businesses located on-site. The applicant, unaware of the requirement for a Conditional Use Permit, has allowed the area behind the multi-unit industrial buildings to be used for bulk storage by business owners with condominium units located on the parcel. Examples of items that are currently stored within the yard consists of landscaping equipment, playground equipment, materials used in carpentry, and storage containers containing pipes, plumbing fixtures, etc. The site consists of two buildings centered on the parcel and configured in the shape of a horseshoe. There are 141 parking spaces dispersed along the front, sides and rear of the buildings. The bulk storage yard is located on an undeveloped space in rear of the site and within the interior of the horseshoe- shaped layout of the buildings. The bulk storage yard, therefore, cannot be seen from Central Drive or London Bridge Road. The applicant will install a wood privacy fence and landscaping around the perimeter of the storage yard as required by proposed Condition 3. CENTRAL ASSOCIATES OWNER'S ASSOCIATION, INC. Agenda Item 19 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Office-warehouse building with associated parking SURROUNDING LAND USE AND ZONING: North: . Office, warehouse, and manufacturing buildings / 1-1 Light Industrial District . Office, warehouse, and manufacturing buildings / 1-1 Light Industrial District . Vacant land 11-1 Light Industrial District . Office-warehouse buildings / 1-'1 Light Industrial District South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Central Drive in front of this site is a two-lane collector road. Central Drive has a 60-foot right-of-way and the Master Transportation Plan shows an undivided roadway with an ultimate right-of-way width of 60 feet. There are currently no Capital Improvement Projects (CIP) projects scheduled for this segment of Central Drive. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Central Drive 4,221 ADT 1 , 9,900 ADT Existing Land Use ;/ - 191 431 Peak Hour ADT Proposed Land Use - No change , Average Daily Trips 2 as defined bv 3.678 acres of Iiaht industrial businesses Recommendation: Staff recommends approval of this request with the conditions below. EVALUATION AND RECOMMENDATION Comprehensive Plan: The Comprehensive Plan designates this site as part of Strategic Growth Area 9 of the City of Virginia Beach. Low-intensity industrial uses that conform to AICUZ provisions are suitable for the southern and eastern part of this Strategic Growth Area. CENTRAL ASSOCIATES OWNER'S ASSOCIATION, INC. Agenda Item 19 Page 2 II Evaluation: The request for a Conditional Use Permit to store materials within an enclosed bulk storage yard is acceptable. The site is totally surrounded by industrial uses and has been used for a bulk storage yard for over ten years. The site is also located within a Greater than 75 dB Ldn AICUZ and a portion of the site is located within Accident Potential Zone 2, and the site is subject to an easement owned by the United States Navy. The proposed bulk storage yard is compatible with the AICUZ and is allowed under the terms and conditions of the Grant of Easement. The restrictions and easements on this site limit allowable uses on the property. The proposed use is, however, in conformance with the Comprehensive Plan, adjacent industrial area, AICUZ regulations, and easement restrictions. Staff finds that the unique shape of the buildings will screen the proposed bulk storage yard from view of London Bridge Road and Central Drive. The addition of a 6-foot tall solid wood fence enclosing the bulk storage yard and landscaping as conditioned below, will enhance the aesthetics of the site as viewed by users of the site and individuals who view the site from the industrial parcel to the south. Staff, therefore, recommends approval with the conditions listed below. CONDITIONS 1. The site layout shall substantially conform to the marked-up site plan entitled "Plat of Central Associates Condominium" by Rouse Cut right & Associates, P.C. and dated 11/22/88. 2. The storage yard shall be completely enclosed, except for necessary openings for ingress and egress, by an opaque fence not less than six (6) feet in height. 3. The storage yard shall be further enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 4. The storage yard shall be improved and include the installation of pavement, curbs, and gutters in accordance with the standards of the Department of Public Works. 5. A storm water management plan must be reviewed and approved by the Planning Department / Development Services Center. 6. The applicant shall comply with the terms and conditions of the Grant of Easement governing this property including the following: a. Only office space maintained in connection with the allowed use shall be permitted; b. No retail sales shall be conducted except as an auxiliary function of enterprises permitted; c. No storage, distribution or handing of explosives, petrochemicals or petroleum-related products shall be allowed at the facility; d. Nothing on the property shall exceed the height restriction over the property; and e. No unidentified use is in violation of any other easement restrictions shall be permitted. CENTRAL ASSOCIATES OWNER'S ASSOCIATION, INC. Agenda Item 19 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. CENTRAL ASSOCIATES OWNER'S ASSOCIATION, INC. Agenda Item 19 Page 4 f I II AERIAL OF SITE LOCATION CENTRAL ASSOCIATES OWNER'S ASSOCIA TION,INC. Agenda Item 19 Page 5 I . ;\1'tl1 I v ~~, '-BlE ~i~=~ir~ll"- !!.:e!a'V ----<*'~ I x - i: g; - c, ... ... II) ... ~ ~ B ll.- - i ~: " Cia :;j. g; .S: ~ .. f ..-. ~- IL.. .IF'Ill 3oll.n.... ~~ .. 5- ,N, -. -i'- ) Q. :;J 23 --1 '",- ':"'J ....' .. ;: --I.. <t \)(-:' = -: i! - -.:;ta:-1 ~ ~ g~ ,),,-'t :- -It l-~"~. ~ il'" ',~ II - - ""!' "'!' ! '''', ~ ~, .c __- ! ~ : .. .. .. ! .. .. c : .n 'i'l 1.n-h.UI PROPOSED SITE PLAN CENTRAL ASSOCIATES OWNER'S ASSOCIATION,'NC. Agenda Item 19 Page 6 I I' II 1-2 B Ldn Oceana Naval Air Station 1-2 CUP - Bulk Storage Yard # DATE DESCRIPTION ACTION 1 1-23-96 Conditional Use Permit (communications tower) Granted 5-26-92 Conditional Use Permit (communications tower) Granted 2 8-28-89 Conditional Use Permit (storage yard) Granted 3 3-13-01 Conditional Use Permit (bulk storage) Granted 4 7 -5-00 Conditional Use Permit (equipment storage) Granted 5 8-12-08 Conditional Use Permit (commercial kennel) Granted 6 5-8-07 Conditional Use Permit (bulk storage) Granted ZONING HISTORY CENTRAL ASSOCIATES OWNER'S ASSOCIATION, INC. Agenda Item 19 Page 7 ".-"~.."",t=:,=~,','=.;=,';",',';",'~_"":':"",,,,.,,,,_.,,~ SURE STATEMENT APPLfCANT DISCLOSURE If the applicant is a corporatlOn, partnerShip, firm, business, Qf other unH1corpof<.lted organization. complete the following. 1 Ust the applicant name followed by the names of aH officers members, trustees, partners, etc. below: (Attach list if necessary) Central Associates Owner's Association. Board o! Dlrectms . Doug DaVie. Mark Knuts<,n. Buddy Evans 2. List all bUSinesses that have a parent-subsidiary 1 Qf affiliated bUSiness entlt/ relationship with the applicant: (Attach list if necessary) RCE CclmmunJcalions, DAVCON Inc., Carpet Too. Kellam Gerwitz Englooering, Agralawn, S0lithern PI'lillf111lnd RAyeQ Suppl;.< Im~-6i\lIt) & A Hiill:P!umbinQ, !mprcssiana.m..iLitl;iILlla. Si!eu..~_.~~._ Perfection Pools 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, fiml, 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 (Attactllist if necessary) :2 List aH bUSinesses that have a parenH;ubsldiary 1 or affihated busmess entity' relationShip with the appllcant: (Attach list if necessary) o Check. here if the property owner IS NOT a corporatlon partnership ftrm business, or other umncorporated organization ,...._.,_.._'-'-'----_.._'-_.....,._- & . S~0 na:ti pl!f)e ror frX.ltrlDtes Does an offiCial or employee of the City of Virginia 8each have an rnterest in the subJectiand? Yes _,.. No xxx lr yes, what is the name of the official or employee and the nal'.Jre of their interest? Coothw>nul UM.~ PerrnH ,Applhttc:t PtJge RBVI300' 10' z o . . ~ (....;) .. I . , ~ ea F-c ~ ~ J;.;I;:l ~ ;:::J ~ o . I I · I I ~ Z <::::> c ':] DISCLOSURE STATEMENT CENTRAL ASSOCIATES OWNER'S ASSOCIATION, INC. Agenda Item 19 Page 8 I I' II z o I . ~ U I I .....:I ~ ea f-4 ~ ~ ~ ~ CI':,;) ~ ~ o J f f-4 I I Q Z o u DISCLOSURE ST ADD!TIONAL DISCLOSURES list an known contractors or businesses that have Of will provIde services with respect to the requested property use, includmg but not limited to the providers of architectural services real estate services, financial services, accounting services and legal services: (Attach fist if necessary) RCE Communications, DAVCON, Inc., Carpet Too. Kellam GerWlu Engineellrlg, Agralawn, Southern Playground, RA yea Supply, Ine" Bath & A Half Plumbing. Imprflssion$ tlf V'lrgima, Slfen Ine" ~~..,~_......~.___...'N,'~_______"_'~""_""__"__'~~.""'"....._.,.,_,....._".,_~....._._...."~...,,._..,.._",."m...=_,'".,. ..~...._~_,,,'_~_',..._NN_'..."""'.,,,,____,_,.."'._.._~..,mff___~ 1 "Parent-subsIdiary relationship" means "a relatlorlshlp that exists when one corporation directly Of indirectly owns shares possessing more than 50 perrent of the vnling power of another corporation" See State and local Govemment Conflict of ~nterests Act, Va Code ~ 22.3101 2 "Affiliated buslfless entity relal1Onship" means "a relationship other than subsidiary relaHonship that exists when (ij one business entity has a controHing ownership uiterest in the other business entity, (ii) a owner in one IS also a owner in the other entity, or (w) there is share<:! mBl'lagernent or between the business entities. Factors that should be considered in determining the eXistence of an affihated busIness entity relationship include that the same person Of substantially the same person own or manage the two entities, there are common or commingled funds or assets.. the bl.1slness entities share the use of the same offices or employees Of otheFWlse share activitieS, resources or personnel 00 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 CERTfFICA nON: I certify that the I1'\forrnatlon contained herem ,s true and ilccurate l:.mcers!anc that. upon of ootmcalion (postcard) tMt the aw%~tior has been scheduled for puete hearing. 1 am fer abtarrnng and the required on the subject propertj al least 30 days to scheduled public hearing to the 'n thiS pad<age Tho .mderslgned consents to entry upon tl-ts subject of the Department of Planrmg t~ photc~ph and View the sIte for purposes evaluatmg ttllS awHcatioo J \ Dotigla!> W, DaVIS jDifoGtorl 5 DISCLOSURE STATEMENT CENTRAL ASSOCIATES OWNER'S ASSOCIATION, INC. Agenda Item 19 Page 9 Item #19 Central Associates Owner's Association, Inc. Conditional Use Permit 500 and 508 Central Drive District 6 Beach November 12,2009 REGULAR Donald Horsley: The last item on the regular agenda to be heard is Central Associates Owner's Associates, Inc. for a Conditional Use Permit for bulk storage on property located at 500 and 508 Central Drive, District 6, Beach. Janice Anderson: Welcome. Doug Davis: Thank you. My name is Doug Davis. I'm on the Board of Directors for Owner's Association at Central Associates. I have been since 1996. We didn't realize this until about a year ago or less that we had to have a different type of Conditional Use for the back area. You can see the shape of our building there is a horseshoe, and about 80 percent of the facility is occupied by contractors. Since I've been there, like I said in 1996, the storage has sort of built up in there. Really, since I've been there it's been used for storage. It came to our attention that we needed to submit a permit for that purpose. And, that is why we're here now. I've received the conditions that you guys have that staffhas recommended, and I had questions to those conditions. Janice Anderson: Okay. Doug Davis: There were six, and I believe you all have those. The first Oll(~, of course, we agree to it. We understand that. The second one is about an opaque fence. Since that property is in the back of the facility, and not in view by any streets, and also consistent with things like BRB storage down the street, Crown Construction, and Custom Stone. There is a lot of chain linking enclosures with gravel parking lots, which kind of leads into one 0 the other areas. So, I would like to see if there is any other way to amend the conditions so that it could be a contained area but does it have to be an opaque fence? Do we have to have a paved asphalt surface, you know curb and gutter? Things like that. Current storm water is dealt with an essential drain that is there now. You probably see it on the one plat that you had there earlier. So, one, I'm okay with. Two, three and four, I would like some better clarification or maybe an amendment to that to allow it to be consistent with much recent ones, like BRB Storage, which is within the last year, Crown Construction is existing so it might be grandfathered. I'm not sure, and again, Custom Stone within the last probably, three years. So, we would like to build the storage back there to be similar to those. Obviously from a cost standpoint, if have the curb and gutter paved, it is going to be a pretty significant cost. Janice Anderson: Okay, if I could ask staff about those things while we have Mr. David up here. So far as the fencing, is that a normal requirement we have in an industrial area that has to be a , I: II Item #19 Central Associates Owner's Association, Inc. Page 2 solid fence or has there been exceptions, modification when it is an a situation like this not viewed from the street. Stephen White: it is a requirement under the Conditional Use provision for this type of facility. Janice Anderson: Okay. Stephen White: It is not to say. The surface treatment is something that the Planning Director could deal with during planning review. But the opaque fence is something that is required as part of the Use Permit process. Janice Anderson: Okay. How about the landscaping? I know we modified that. Stephen White: Same thing. It's part ofthe process. Janice Anderson: Okay. And so far as the curb and gutter, that would be part of the requirement if you wanted to pave it? Ifwe allowed him to put gravel in there, of course you wouldn't need the curb and gutter. Stephen White: Right. We could work with the applicant during site plan review to determine if some other method would take care of the pavement surface, as well as the stormwater drainage, which has to be addressed. I heard him say there is a drain in there now but we got to make sure that system is appropriate. Janice Anderson: Okay. Are there any other questions? Go ahead. Ronald Ripley: What are you proposing to do? Are you proposing to do nothing? Doug Davis: No. Could we go to the plat? Stephen White: Here you go. Doug Davis: This area here backs up to a drainage canal. There is a large retention pond here so there is no construction that is going to take place back here. I understand that from an aesthetic standpoint that you can see across this field so you know, across wherever are easement would be at the setback, obviously we agreed to put a solid fence across that back so anything stored it wouldn't be visible. Ifit had to be fully enclosed, we're closer to the fence here, and on this side here, so I don't know if the enclosure is necessary here or not but we could bring that solid, like a wood fence or whatever might be required so you wouldn't have visibility. Then of course we would have to take and make this, currently it is grass and dirt, and obviously it would be an issue with stirring that up and runoff. We would probably put in you know, like a gravel surface. Ronald Ripley: How much gravel? Item #19 Central Associates Owner's Association, Inc. Page 3 Doug Davis: Whatever is required, and if it is six inches, whatever would be required. Obviously trucks would have to go in and out of there, so it would have to be a substantial surface. Ronald Ripley: It's pretty rutted up right now. Doug Davis: Obviously it's not correctly done. Ronald Ripley: Would you wipe it down so you can get up on those curbs? They are curbed all the way around, it looked like to me. Doug Davis: We would probably have to take out the second curb here and here. Ronald Ripley: Is that how they would get into it from the edges like this? Doug Davis: Unless the setback precluded our building to have an actual drive area. If you went back to the photograph you see there are certain containers there, they are 8 x 40. I'm not sure where the property line hits there but let's to say it s right here. It looks like it is more than it really is then that fence would have to set back off of that. I don't know if we could get a zero replacement, then we might just having to access it from the front area if those containers or a gated fence opening. Say we created sections in there. Ronald Ripley: Thank you. Janice Anderson: Are there any other questions? Go ahead Joe. Joseph Strange: Just out of curiosity, is it not common area back there? Doug Davis: it is. It's probably common elements. They are established in the declarations of the association in that there are 19 owners, 21 units so several owners have two units. So, ownership of the common elements are divided proportional by square footage of these spaces that we occupy. There are some contentions to having this take place, so we had an Owner's Association meeting on the 20th of October. We had 14 people attend out of the 21 units represented. We took a vote on whether to move forward with it, and I've got documents of the minutes, if you want copies of those. Basically 40 percent ofthe ownership that represented there approved it but 27 percent said no. Joseph Strange: Is that enough to get it approved? Doug Davis: Yeah. The majority for a meeting is 25 percent of the owner's represented and then a majority of those to move it forward. So essentially, you could have 12.5 percent or 13 percent to move it forward of the owners. Joseph Strange: So you will take the square footage back there, and just dig it up among all the owners? i I II Item #19 Central Associates Owner's Association, Inc. Page 4 Doug Davis: Well, the intent is because it is outdated property and it has declined in aesthetics, so we're trying to figure out ways of increasing the monthly dues to rent those spaces to those who won't use it, so we will divide whatever that is. Do you want to rent this spot you can rent it for $200.00 a month or whatever. Joseph Strange: Okay. Thank you. Janice Anderson: Are there any other questions at this time? Thank you Mr. Davis. We will bring you back up. Doug Davis: Okay. Thanks. Donald Horsley: Okay. We have Stace Lowman. Stace Lowman: Hello. Janice Anderson: Welcome. Please state your name. Stace Lowman: Stace Lowman representing two units in opposition to the bulk storage permit. Just a quick reference into the Condo Association meeting that we had. Doug Davis and everything was very cordial there. Fourteen owners were present out of the 18. There is actually 18 instead of 19 . We bought an additional unit. Seven of those owners voted no, so that vote was split. So it says that it was swayed in favor that is based on square footage not actual owners present. So, I wanted to make note of that. And, another owner here is present and he has some other petition that was signed to where 10 of the 21 owner signed in opposition for this application to even be submitted to begin with. Janice Anderson: So, is your position that you don't want any type of bulk storage behind your unit? Is that it? Stace Lowman: That is correct. Janice Anderson: Okay. Without any kind of conditions that we might place on it. If it did go forward, are there any conditions that you would like to see like a solid fence or a paving? Stace Lowman: Well initially, it was supposed to be, and you saw where the dirt road comes here, that was basically for truck access to spin around. When trucks come in they have to come around. That was originally to be paved or graveled for trucks to be able to make a u-turn to come back through. There is only one entrance in and out. So, for a tractor trailer to get back there that is what that usage was for. The other point is with the common area is it is not that much. So, you just have a couple of owners utilizing using all the common area. So, it is basically to serve a few, plain and simple. Janice Anderson: Okay. Are there any other questions ofMr. Lowman? Go ahead. Item #19 Central Associates Owner's Association, Inc. Page 5 Ronald Ripley: You're opposed to the use and the cost? Is that what you're opposed too? What are you opposed too? Stace Lowman: We're opposed to the bulk storage permit going forward period. Ronald Ripley: People are using it now. Stace Lowman: It's been ongoing, and as Doug is well noted that it has gotten out of hand. It has finally come to light, and to his credit, he is the only one that has actually paid the Condo Association storage fees for the use of that common area where everyone else just kind of puts everything back there. You can look at it. It is just junk back there, and we constantly have metal scrap people back there looking to pick up stuff, and to conduct their business, it is just not appropriate. Ronald Ripley: Wouldn't it look better though ifit was cleaned up? Stace Lowman: It still only going to serve a few folks. It's not going to be an area that is going to utilize by the majority of the owners. Ronald Ripley: I thought I heard him say that they were going to pay money into your association. Stace Lowman: The association would end of paying that money initially to do that, and they're saying that they could possibly recoop some of the fees but how long those fees would take to recoop for 4 or 5 owners to benefit over a commons area that the Association is paying dues for and collecting minimum amount on that location doesn't make practical sense. Ronald Ripley: Okay. Janice Anderson: Joe? Joseph Strange: I thought I just heard him say though that if you would own basically a proportion of the square footage back there, you would be able to rent it out to somebody. If they use it they would have to pay rent on it. Is that my understanding? Stace Lowman: That is not really what we discussed. Right now, in our meeting and maybe he has a different point of view, but it was my understanding that there has been no declaration of how that commons area would be divided, and as it stand right now, it is bei.ng utilized basically by four owners out of the 21. Janice Anderson: Thank you sir. Stace Lowman: Thank you. Donald Horsley: Okay. Michael Dixon. i I' II Item #19 Central Associates Owner's Association, Inc. Page 6 Janice Anderson: Welcome. Please state your name. Michael Dixon: Mike Dixon. Janice Anderson: Thank you. Michael Dixon: I have a letter from my attorney. He made copies for everybody. Janice Anderson: That will be fine. You can hand it out to Mr. Redmond. He will pass it around for you. David Redmond: Thank you. Michael Dixon: I understand that you guys have been out there. I also have pictures. It is kind of ongoing on the property. Janice Anderson: That would be fine too. David Redmond: Thank you. Janice Anderson: Okay. You can go ahead and state your position while we review this. Michael Dixon: Okay. I'm opposed to the Conditional Use Permit. And pretty much across the board. I don't want any kind, I would rather not have any bulk storage back there. Janice Anderson: So, you would like an open common area? Michael Dixon: Yeah. The way it is drawn out in our Condo documents says there is not supposed to be no personal storage in the common area period. And no trailers, no containers. It really draws it out pretty well in there. I have a copy of those as well if you need that. And basically they are in violation right now for having the equipment back there. And, the persons who are, and there are only four companies that are in the violation. I know they deliver to Simple Associations because they are kind of a, I guess a governing body over the property there but the ones that are applying for the Conditional Use Permit are the president, vice president, Treasurer and Director. Those are the guys that are supposed to kind of policing the property, making sure things stay as the Condo docs say they should. From what I understand what needs to go on with the repairs, I guess changes to the property is between $60,000 to $80,000 like that, and even if we collect the money they are talking about, it will be ten years to get it. It would take the assessment off the owners immediately to go to that point. So, we would have to pay for it and try to hope to get it back. Janice Anderson: Okay. Are there any questions of Mr. Dixon? We may bring you back up. Thank you sir. Donald Horsley: That is all the speakers. Item #19 Central Associates Owner's Association, Inc. Page 7 Janice Anderson: Okay. Mr. Davis? Doug Davis: Thanks. Ed Weeden: Identify yourself for the record. Doug Davis: Doug Davis. Just to answer a couple of their comments that it benefits a few. It's true. There are four people back there using it. I'm glad and clear conscience I can tell you that I've been paying for my use. But to benefit a few would be incorrect. Ifrevenue was derived off that property that would go toward the Association, it would pay the exterior of the building. It would repair the roof. It would repair their face shutters. There is a lot of work that needs to be done, and probably to the tune of about $50,000 total. A parking lot is in bad disrepair. It used as a turning point for every construction vehicle in the City of Virginia Beach that comes down Central Drive because it is right by the light. So, we're doing a lot ofthings that are going to create cost for us in the future. So it is a revenue mechanism that we're looking at as well. It is also just a way to offer benefits to those who may want to purchase in there. It's a contractor. Like I said, 80 percent of the folks in there are contractors. The site plan that we had drawn out, and again, I appreciate the discussion you guys had with the Wildlife folks, and the association and getting those things straight before you come before a Conditional Use Permit. That is why we had the meeting. That is why we call it a declaration. We had those present. There was proper notification. Actually, since I've made these copies, I want to go ahead and give them out because I made them. But basically that documents the meeting. The percentage of the votes if you want to look at them later, show what the requirements are. The vote was 7 to 7 that did attend. It has been a poorly participated association. Some are out of town and some just quite frankly don't care. We did have an election at this meeting. The Board of Directors, and in there, we elected a new Board of Directors. There is sort of an illusion that the Board of Directors wasn't represented the interest ofthe rest of the owners. In that election, myself, and the other two Board of Directors were reelected to that position, so I would assume that if we were not doing what we should have, it probably wouldn't be placed in those positions again. The three of us who are existing that remain on there have been through the bulk ofthe work. Regarding the cost of doing that, that is one of the reasons we wanted to amend the conditions. Obviously, I don't know about 60 to 80. I have not seen that estimate. But if we were to do a gravel pavement and an opaque fence in a chain link division is a pretty nominal cost. So, obviously that would be driven by a plan that would show the revenues to recover. Again, it would have to be approved. Our declaration requires that when we establish. a plan for use of the common elements that it has to be approved. So, just because we get the Conditional Use Permit doesn't mean that the plan going forward on how to store things is in place until we go through the Association to do that. Like I said, the site plan that we had originally, showed about a 14 unit division. If you put an 8 x 40 container, you can sort of establish the size of the storage. You can divide that area approximately out of the 7500 square feet there, so you got a little bit of storage you can divide up. So, it is not just four people. It, that four people may want to rent three or four or five of those units, but again for the benefit of the Association. Maybe not everybody has a need to use those places back there. Janice Anderson: Okay. Are there any questions for Mr. Davis? Go ahead. , I: II Item #19 Central Associates Owner's Association, Inc. Page 8 Ronald Ripley: I just asked the question. The use itself, to me the use it certainly looks to be appropriate under certain conditions. The cost, did you look at these four users paying for the capital expenditure, and maybe have a very nominal land lease or some sort of fee to the Association? That way the argument of cost maybe goes away. You get to use it. We get it to look like it should be. Doug Davis: It's the cart before the horse like the previous discussion. Ifwe don't have the Conditional Use Permit there is no need to go forward with developing the other long range plans or division or things like that. Ronald Ripley: No. My question was did these users, would they be willing to pay for this capital cost, and then maybe have a much lower fee to the association for the right to use the area. It seems you get there where you want to be? Doug Davis: Sure. They are contractors. It is not like they can't get the cost done less. Ronald Ripley: And I like your idea of at least having the fencing so that you can see it from the backside of the building by the BMP that runs back there. Doug Davis: Can I pass these out too? Ronald Ripley: Sure. Doug Davis: These are just some copy photos and just a record of the comments that I had with the conditions but you will see two facilities down the street that have similar opaque fence to what is viewed by the street, and the gravel section back there where they do the storage. It is on the same street. There is numerous locations that is similar to that as well Ronald Ripley: Did you all discuss what I just said? Doug Davis: Yes. Ronald Ripley: Did you all discuss doing it that way? Doug Davis: We discussed in our meeting the plan to go forward, and out of that, again through the declaration, the majority of the votes agreed to allow the Conditional Use Permit to go forward first until we finalize the plan and the cost for usage. Obviously even with the plan in place, that doesn't satisfy the requirement, so our declarations, which would then have a plan to how to use that. Each one of us owns a percentage of that common area. Again, I'm like 7.6 percent and I'm like the second largest unit in the facility. So, we all own it but we all just go and use it. Now, who determines the usage of the common elements are the Board of Directors, and that is the way it is written. So, when things like when the Board of Directors submitted the application that is how they decided. They were the guys elected by the owner to represent them, so it is kind of mentioned they maybe we were not representing their interest but we were because we were the guys the elected to be in that spot. So, we do have discussions about Item #19 Central Associates Owner's Association, Inc. Page 9 whether the initial cost would be paid by those four? Absolutely, that could be a consideration. If the plan is to do 14 units or ten, there are a lot of variables that can go into there. How much would it be? So, even Mr. Dixon mentioned that ifhe just had a plan, knew how much that would, he wouldn't be opposed to it ifhe knew how much it would bring in and what the plan would be to balance against the cost of the Association with would endure. I'm interested in making money for the Association like anybody else. So, I'm not going to have the Association spend $60,000 they don't have and then pay them $400.00 a month to store my stuff out there because it would take 10 to 15 years to recover that. It doesn't make sense for the Association. Ronald Ripley: Okay. Janice Anderson: It sounds like that is where your opposition is coming because they are not sure that is not going to be the plan. Doug Davis: I would say that my opposition is the minority. Because the votes that were recorded in the meeting said let's move it forward. Now the three that are on the petition that he may have circulated there, everybody on the petition is represented by three individuals. If you didn't attend the meeting and they had plenty of notice, they usually don't participate. There were two that did not attend the meeting that are not for it. So, in the percentages, we're back, and it is required by the Commission to go back and get a complete vote of all the owners, I'm certain we can get the percentage. But again, we followed the declaration by the law. Janice Anderson: No. I understand. Doug Davis: I could have one guy up here opposing out of 19 owners. We can't make everybody happy. Janice Anderson: We understand that. Are there any other questions of Mr. Davis? Go ahead. Joseph Strange: So, I guess the real question is are they really in a position to come up with the money to do what they say they're going to do right? I didn't see anything in the by-laws that says that the votes were by square footage. All I saw was. . . Doug Davis: Exhibit D. Joseph Strange: What page is that on? Doug Davis: I'm sorry. Keep turning. David Redmond: What document are you with. Doug Davis: I'm sorry, the meeting minutes. Do you have the first document? If you keep turning back, it's one, two, three, four, five, or six. I'm sorry it's that last two pages. The next to last page is the actual documentation of the vote. If you see the percentage for, based on the I I II Item #19 Central Associates Owner's Association, Inc. Page 10 square footage, the percentage against it, if you go to the last sheet, you will see how each unit is divided by its percentage based on square foot. Joseph Strange: Okay. So what you're saying is that the square footage is the method that you're using? Doug Davis: Because I have a larger unit, I have a greater one than someone who has a smaller unit. Joseph Strange: That is pretty plain in your by-laws. Doug Davis: This Exhibit D is right here. Joseph Strange: I didn't see that. It was that plain to me in the by-laws. It says "cast a number of votes allocated to each unit". Is that allocated over here? I don't see anything. Doug Davis: It says that "D" is a part of the declaration that establishes the percentage of votes. Joseph Strange: I guess my question is, I don't want to get involved with your association except for the fact if you don't really have the authority to come up with the money then. To me, that is a question. Doug Davis: The authority you mean or the ability? Joseph Strange: Well, it sounds like to me at this point you have a 50/50 vote. That is not enough right? Doug Davis: Actually, if you look at this it. .. We may never have a 100 percent people vote. Joseph Strange: I'm just taking about square footage. You're doing anything about square footage? Doug Davis: Well, it is how were decided on values of our votes right? Joseph Strange: Who decided that was the method you were going to use because not everybody uses that method. Some people say if you own a unit, you own a unit. Doug Davis: This was here when I bought the unit. So in 1984, the original declaration established this. Now can it be amended? Sure, there are ways in here to do that but right now it is document, which were governed by. Like it or not. I understand what you're saying but that is what it is. Joseph Strange: I don't have time to read it all. Doug Davis: Let me ask you a question. Item #19 Central Associates Owner's Association, Inc. Page 11 Joseph Strange: I can't argue anything. Doug Davis: Can I ask you a question though? If I own two units, would my vote carry double or should it be just because I'm one person? Joseph Strange: You're not saying the number of units. You're saying the square footage of the unit. Doug Davis: Right. But if I got two units I've got double the square footagt::. Joseph Strange: Here is my one scenario. Say you supposedly got two 1,300 square feet unit. Somebody got two 1,200 square feet unit. Okay. Do you have more votes than that guy? You both got two units. Doug Davis: Absolutely. Joseph Strange: I didn't see anything that says that is true. All I saw was that each unit gets a vote. I can't argue with you because I don't know. Doug Davis: Let me ask you a question? The only thing that I wanted to make a point out of this is that one of the owners that is against it has two units. So, if were voting against each other of a three unit condo, and we both disagreed with each other, which way would it go? Joseph Strange: So, I guess, here is my only concern. Let's suppose we go ahead and approved this and say okay its fine, and then you really can't come up with the money because you really don't have the authority to make that decision. Doug Davis: Occupant can come up with the money. They are willing to bt:: able to support the cost of doing that. Joseph Strange: Okay. I mean they got layers that said maybe that is not true but anyhow, I guess. Doug Davis: We're trying to hold on to the money for the Association. That is why we didn't hire an attorney. That is why I'm here. Joseph Strange: That is my question. Janice Anderson: Okay. Are there any further questions for Mr. Davis? Thank you sir. Doug Davis; Thank you Janice Anderson: I'll open it up for discussion. Al Henley: I have a question for staff. II Item #19 Central Associates Owner's Association, Inc. Page 12 Janice Anderson: Yes. Al Henley: On the proposed fencing, I guess my point is this. When we drove and visited the site, we exited on the easement, which is parallel on the south side of the property. Would that fencing cut that access off? Because on the site plan that I had is so small I am unable to read it. It's an easement. I don't know ifit is a 30 foot easement or what footage that is. And, my point is this. If it is agreed that a fence to be installed, that access should not be blocked by that fencing or landscaping for the simple fact that Fire and Rescue. I think it would be needed in there. Jack Whitney: That is something we can take up at Site Plan Review. We would not approve it if it was blocking a legitimate access. Al Henley: It was just a thought at the top of my head. I know that Site Plan Review should address all of this. I just wanted to make a point of it. That is my main point on this particular item. Janice Anderson: Okay. Is there further discussion? Go ahead. Donald Horsley: I'll make a comment. It appears to me that the site back there, if you look at that picture. It needs some help. And, at least the applicant is trying to get something accomplish so he can clean the area up whether it be for his benefit or not but the area will be cleaned up if we approve it for bulk storage. They are using it now for bulk storage. So, if in the trade off we can get the piece of property cleaned up and adequately screened, I think that is the best route to go. If you can't come up with the money, and we say they can do it, and they can't come up with the money, they just won't get it done. We need to do one of two things. We either need to enforce the code and tell them to get the bulk storage cleaned up, and graded back and seeded, and keep it cut or we either we need to allow them to use for the full bulk storage like they're doing now, legally with the improvements that we like. Most of the time our conditions, the applicant will go along with our conditions, but it seems like they're preferences it not to go along with our conditions as much as we like for them to do. Stephen said this can be worked out in Site Plan Review, so if they can do that to make it more appealing to the eye, so be it. I think I would support the application. Al Henley: I have another question. I see that one of the recommendations it says to improve it with curbing gutter and pavement and some other improvements. I was wondering why, and I remember less than a year ago, we visited a site south of this location. I think it was BRB Storage. We did not, we the city, the staff did not recommend pavement. It was just stone base. I was wondering is there any justification or reason why we would require pavement on this one, and this is so much smaller. It is very, very small area but yet the parking lot that we approved with just stone only with bumper, which is a temporary bumper curb rather than a curbing gutter, was probably 200 x 150. So, I wouldn't be in favor of paving this unless there is some justifiable reason, and that would cut down on expense too. Donald Horsley: I guess what Stephen is talking about they can work out at Site Plan Review. Item #19 Central Associates Owner's Association, Inc. Page 13 Janice Anderson: My comment on this is I think these bulk storages are common in this area. There are other buildings that have them. But since it is not going to be used supposedly by all of it, I would like to see the solid fence stay, and not be a chain link fence. I don't have any problem with the gravel or the label of the landscaping because I don't think there is any reason to landscape because it is a parking lot right next to it in the back. But, I would like to see a solid fence. That would be good for it on this. Ronald Ripley: Madame Chairperson, are you saying a solid fence around the yard or south of the border? Janice Anderson: Around the whole yard. Ronald Ripley: Around the whole yard? Janice Anderson: Around the whole yard. Ronald Ripley: So you're going to have to get in and out and maneuver inside there as best you can. It is kind of tight. Janice Anderson: I know. Ronald Ripley: It looks either way they're using it they are just backing these trailers up into the yard. They are really backing it up from the north it looks like. Janice Anderson: Maybe it couldn't be used. You're right. Ronald Ripley: It might really be kind of difficult. That is why I suggested to provide a fence down the southern property line that you can't see from the road or from the back side probably makes sense. I think gravel makes sense. It is being used right now and you see what it looks like. So, it will improve it to at least this extent. Janice Anderson: Yeah. The fact is that the other units that are not using it they are going to look at it like it is today. We can see right into it. Ronald Ripley: Is that what you think? Janice Anderson: That was my only thinking? But I don't want to make it where it is not usable. Ronald Ripley: Well, I don't know. Janice Anderson: Yes. Donald Horsley: It is a pretty tight area. Janice Anderson: Questions? II Item #19 Central Associates Owner's Association, Inc. Page 14 Ronald Ripley: I make a motion to approve the application, if you will with the exception of the stone, replace the asphalt for a stone acceptable at Site Plan Review, and acceptable to the City. Jack Whitney: You're motion for clarification purposes would delete condition 4 with surface treatment with second at Site Plan Review. Ronald Ripley: That's right. I'm substituting the pavement with acceptable stone section acceptable to Planning. Jack Whitney: That would be taken care of Site Plan Review. Ronald Ripley: Right. Janice Anderson: I got a motion by Ron. Donald Horsley: I'll second it. Janice Anderson: A second by Don Horsley with the change to condition 4. Is there any further discussion? AYE 8 NAYl ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KATSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE NAY ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of8-1, the application of Central Associates Owner's Association has been approved with the deletion of condition 4. Janice Anderson: Thank you. Thank you all for coming down. CUP - ,vlator Vehicle Safe~ (\, Servicf:' II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DANIEL E. POSTON, Conditional Use Permit, motor vehicle sales and service, 3336 Holland Road. ROSE HALL DISTRICT. MEETING DATE: December 8,2009 . Background: The applicant requests a Conditional Use Permit to allow development of the site for pre-owned motor vehicle sales and service. The site is occupied by an attractive brick office building, previously used as a bank and real estate office. The applicant currently operates an automotive title company at the site. . Considerations: The submitted site plan depicts a 2,107 square foot brick and frame building, 26 parking spaces for the display of pre-owned vehicles, five parking spaces for employees, and three parking spaces for customers. The applicant is proposing a 1,215 square foot addition to the building where the existing drive-through canopy is located. This new area will be used for automotive repair. The proposed addition will be compatible with the materials and design of the existing building, and the entrances to the service bays will be from the rear of the building. To screen this area, the applicant proposes a mix of crape myrtle trees and wax myrtle shrubs within a 15-foot planting bed along the northern and eastern property lines. The shrubs and trees will be planted on the Holland Road Elementary School site. This proposal was discussed with the School Board construction division and they are agreeable to the proposal. A grassy area of 11,312 square feet is located along the southern portion of the site. This area will remain undisturbed with the exception of the installation of a new six-foot high chain-link fence. Two 190 square-foot concrete islands are currently located in the parking lot. The concrete islands will be replaced with two 245 square-foot landscaped islands. An existing landscaped island of 1,750 square-feet will remain undisturbed. Additional landscaping in the form of street frontage plantings and perimeter screening will be installed. There was no opposition to this request. DANIEL E. POSTON Page 2 of 3 . Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0 to recommend approval to the City Council with the following conditions: 1. The site shall be redeveloped and maintained in accordance with the submitted plan entitled "CONCEPT PLAN PRE-OWNED CAR LOT', prepared by Gallup Surveyors and Engineers, Ltd., and dated June 22, 2009, with the exception of the northernmost entrance (curb cut) into the site, which shall be closed. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The addition to the building and the existing building shall be constructed and maintained in accordance with the submitted elevation plan prepared by "EDWARD R. ROEHM, AlA" dated June 25,2009. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The proposed landscaping on the site and adjacent to the northern and eastern property lines on the Holland Road Elementary School site shall be installed and maintained in accordance with the submitted plan entitled "CONCEPT PLAN PRE-OWNED CAR LOT', prepared by Gallup Surveyors and Engineers, Ltd., and dated June 22,2009. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. All automotive repairs shall take place within the building. There shall be no outside storage of vehicles in a state of obvious disrepair, equipment, parts, or materials. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 6. No outside paging system shall be permitted. 7. There shall be no more than 26 vehicles displayed for sale on the site. Motor vehicles for sale shall be parked in the area designated "Vehicle Display Area". No vehicles shall be parked within any portion of the public right-of-way and vehicles shall not be displayed on raised platforms. 8. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or on the site. ! I, II DANIEL E. POSTON Page 3 of 3 9. There shall be no signs in excess of four square feet installed or displayed on the exterior or interior of the windows of the building or on any light pole on the site. . 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 !flt,/ City Manage . t ~~ ~ , : I II REQUEST: Conditional Use Permit (Motor Vehicle Sales and Service) ADDRESS I DESCRIPTION: 3336 Holland Road 18 November 12, 2009 Public Hearing APPLICANT AND PROPERTY OWNER: DANIEL E. POSTON STAFF PLANNER: Faith Christie GPIN: 14869027680000 ELECTION DISTRICT: ROSE HALL SITE SIZE: 40,772 square feet AICUZ: 70-75 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for pre-owned motor vehicle sales and service. The site is occupied by an attractive brick office building, previously used as a bank and real estate office. The applicant currently operates an automotive title company at the site. The submitted site plan depicts a 2,107 square foot brick and frame building, 26 parking spaces for the display of pre-owned vehicles, five parking spaces for employees, and three parking spaces for customers. The applicant is proposing a 1,215 square foot addition where the existing drive-through canopy is located. This new area will be used for automotive repair. The proposed addition will be consistent with the materials and design of the existing building. A grassy area of 11,312 square feet is located along the southern portion of the site. This area will remain undisturbed with the exception of the installation of a new six-foot high chain-link fence. Two 190 square-foot concrete islands are currently located in the parking lot. The concrete islands will be replaced with two 245 square-foot landscaped islands. An existing landscaped island of 1,750 square-feet will remain undisturbed. Additional landscaping in the form of street frontage plantings and perimeter screening will be installed. DANIEL E. POSTON Agenda Item 18 Page 1 LAND USE AND ZONING INFORMATION EXISTING lAND USE: Office and associated parking SURROUNDING lAND USE AND ZONING: North: South: East: West: . Holland Elementary School / A-12 Apartment . Green Run Shopping Center / B-2 Business . Holland Elementary School / A-12 Apartment . Holland Road NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road is a four-lane divided minor urban arterial. This section of Holland Road is shown as a divided road with a 130- foot wide right-of-way width on the Master Transportation Plan map. There are no roadway Capital Improvement Program (CIP) projects for this section of Holland Road. Lynnhaven Parkway is a four-lane major urban arterial. This section of lynnhaven Parkway is shown as a divided roadway and bikeway in a 120-foot wide right-of-way on the Master Transportation Plan map. There is a CIP project, #2-157, to widen Lynnhaven Parkway to six lanes between Holland Road and Lishelle Place. This project is currently under construction. Green Run Boulevard is a two-lane collector roadway. It is not shown on the Master Transportation Plan and there are no roadway CIP projects for it. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Holland Road 29,500 ADT 22,800 ADT Existing land Use ~ 68 ADT Proposed Land Use 3 - 70 ADT Average Daily Trips 2 as defined by a 2,100 square-foot office building 3 as defined bv 2,100 square-feet of automobile sales The Traffic Engineering Division of the Public Works Department offers the following information: · In order to improve safety and traffic flow on Holland Road, the number of conflict points, and speed differentials with vehicles entering and exiting the road, only one vehicular entrance will be allowed. The northernmost entrance should be closed. · The existing vehicular entrances do not meet the minimum radius requirement for commercial entrances. The southernmost entrance will need to be improved to meet the commercial entrance standards set in 3.10.3 of the Virginia Beach Public Works Standards and Specifications Manual. To address this safety issue, Condition 1, recommended as part of this Use Permit should it be approved, requires the closing of the northernmost vehicular entrance. DANIEL E. POSTON Agenda Item 18 Page 2 i I II WATER and SEWER: The site is connected to City water and sewer. STORMWATER MANAGEMENT: There is no storm water management proposed on the site. The applicant will need to address this issue during detailed site plan review. SCHOOLS: School populations are not affected by this request. The applicant proposes to plant and maintain Category IV screening of crape myrtle trees and wax myrtle shrubs on the Holland Road Elementary School property adjacent to the northern and eastern portions of the site. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The Comprehensive Plan map and land use policies place this site within the Primary Residential Area (PRA), which indicates the importance of neighborhood character and its relationship to compatible land use and traffic management. The land use planning policies and principles for the PRA focus strongly on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods located in this area. The Comprehensive Plan Policy document also reinforces the suburban characteristics of commercial centers and other non-residential uses for this area. The Plan states that: "Limited commercial or institutional activities providing desired goods or services to residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods provided effective measures are taken to ensure compatibility and non-proliferation of such activities." Evaluation: Staff finds the request for a Conditional Use Permit for motor vehicle sales and service is acceptable and consistent with the recommendations of the Comprehensive Plan. The site is slightly below an acre of land, and the applicant only proposes the display for sale of 26 vehicles. The area of vehicle repair will not be visible from the right-of-way, as it is proposed under the existing canopy with the entrance to the repair bay located at the rear of the building. The addition to the building will be consistent in both design and materials with the existing building. To screen this area the applicant proposes a mix of crape myrtle trees and wax myrtle shrubs within a 15-foot planting bed along the northern and eastern property lines. The shrubs and trees will be planted on the Holland Road Elementary School site. This proposal was discussed with the School Board construction division and they are agreeable to the proposal. Staff finds the request acceptable subject to the conditions listed below. CONDITIONS 1. The site shall be redeveloped and maintained in accordance with the submitted plan entitled "CONCEPT PLAN PRE-OWNED CAR LOT". prepared by Gallup Surveyors and Engineers, Ltd., and dated June 22, 2009, with the exception of the northernmost entrance (curb cut) into the site, which DANIEL E. POSTON Agenda Item 18 Page 3 shall be closed. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The addition to the building and the existing building shall be constructed and maintained in accordance with the submitted elevation plan prepared by "EDWARD R. ROEHM, AlA" dated June 25, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The proposed landscaping on the site and adjacent to the northern and eastern property lines on the Holland Road Elementary School site shall be installed and maintained in accordance with the submitted plan entitled "CONCEPT PLAN PRE-OWNED CAR LOT", prepared by Gallup Surveyors and Engineers, Ltd., and dated June 22, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. All automotive repairs shall take place within the building. There shall be no outside storage of vehicles in a state of obvious disrepair, equipment, parts, or materials. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining properties. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. 6. No outside paging system shall be permitted. 7. There shall be no more than 26 vehicles displayed for sale on the site. Motor vehicles for sale shall be parked in the area designated "Vehicle Display Area". No vehicles shall be parked within any portion of the public right-of-way and vehicles shall not be displayed on raised platforms. 8. No advertising banners, streamers, balloons, pennants, or similar devices shall be permitted on any vehicles or on the site. 9. There shall be no signs in excess of four square feet installed or displayed on the exterior or interior of the windows of the building or on any light pole on the site. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. DANIEL E. POSTON Agenda Ite~.. 18 Page 4 i I' II AERIAL OF SITE LOCATION DANIEL E. POSTON Agenda Item 18 Page 5 ] ~ 1,1 f. t _ 1 I z ;$~ ! S II ,;; :5~ ll!~l!! l I I Cl. (,) l'l~.. ltl t ~ n ~.! II l~~ Ii: ~l iu~, il~ lit f~lf I-! ;i~!i ,i;llmd .'! -11 ' < !!~ ~I ~ lit! ~~Tl,' !=;dl ,~ !lIlJr I' .7-, ~ I'~ 1:1 ~ii 1 - i iei Ii' ~ i' 1II.~i11 !ai 1:&: [5111,1, a:! 1'1 !!. ~l'~ t~i !i~ i ':1 ~~, Jlo, ht I I~III=~ r. In; ~..,~,', . If ihV li!lln WJ i ~ Ii . ,- a ... e: ii ~ i I; il h; & ~ ; ~i :1 ;j i . ~ t ~!: ii , .,~ i · ~ "I.. t ;! ,5 =g: f ~ i . lilt 11 ~ it E R ~. if~ ! Ii: :. i i ; ! i H hi f! ~ ~ ~;~ d.li! ;,~ II, n',. ~ I Will ~~:!i,~.:!~hj! :lUlui ~ oh I~~ iu~II' ~ jll i . dl.. ~"." .~ ~..,.i. - siiSt ~"'~ i ~~: ! ~j: f~ 0"'"1 I. ~;: .. -1;----- I.... I i In i ~ ~u ~ J~: l l~~ i J':; ~ ~ 1"'51.'1 Ii!?". 1"0 .,.f?,..,1:~.;l I (5?=. ::> 5U) )-,~ w? ",' 0-' u.... ~~ Ii. ~ . ;: ;;. e ) II I I I \ ~!. I;:' ->1; .:.~ I~ ; il? :lll >,!!~ III t; H'" ~ ~.i~!hi ;sllle~~~ 'ei:t~d:. . IS.2. ~I }'h;' "I I~"i h Q' ~ . t I ~ '~I i ; aUld ~ 5 f ! PROPOSED SITE PLAN DANIEL E. POSTON Agenda Ite~ 18 Pag~ 6 , I: II -s.- ~ Q ~ "" '1"' t ''I' "' X !tt '" ~ '1. :s. ~~ ~K ~~ -is ~0 ~ :<: " ~ l ~ ~'t.. ~~ -t~ ~ ~/ ~ ' lQ -~~ ~::r , "' ~.,. ......., \lj ". ~ :i.~ 4~ ~::i 'll.\~ '< , <( ... <:> <( ~ T ~ I!: I ~ ~~ Ii I:~i o ~15" ~ .-, I <( ~ a= f g 0 w ~ :!J PROPOSED BUILDING ELEVATION DANIEL E. POSTON Agenda Item 18 Page 7 CliP - II.IOWr Vehidi::' ~J!e) t\- St'l\ ice 1. 2/26/73 Rezoning (R S 4 Residence Suburban to C Approved L 3 Limited Commercial) 2. 8/14/89 Conditional Use Permit (Automotive Approved Reoair) 3. 4/13/93 Conditional Use Permit (Automotive Approved Reoair) 4. 8/8/88 Conditional Use Permit (Automotive Approved Reoair) 5. 8/24/99 Conditional Use Permit (Automotive Repair Approved and Service Station) 6. 7/14/88 Conditional Use Permit (Automotive Repair Approved and Detailina) 7. 12/19/77 Conditional Use Permit (Mini-warehouses) Approved ZONING HISTORY DANIEL E. POSTON Agenda Item 18 Page 8 i I' II DISCLOSURE STATEMENT II APPLICANT DISCLOSURE If the applicant is a corporatIon partnership, firm busmess, or other unincorporated organization complete the following 1 List the applicant name followed by the names of aH officers members trustees, partners, etc.. below (Attach list If necessary) Daniel Poston ---r-.-------'..----'------'-----.-'....-....-....-.- 2, List all businesses that have a parent"subsldiary' or affiliated busmess entity' relationshIp with the applicant (Attaci1list ifnocessary) ,__,_.,.~<~'.-_..__,_~~__,.__..__~__'__~_'^__.__'~'_'~.,__...",_~"w~m,.~.,w_~.'_~.__... o Check here If the applicant is NOT a corporation partnership fm"!l. busmess 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 busmess or other unincorporated organization complete the followrng 1 list the property owner name foHowed by the names of all officers members partners etc. below: (Attach fist if 'lI _____''''",',..w,w~''",..>w._~~~'''_~~_,__._____~~__.,~~~w__.__'~___._._.__~ ..... .N,_...~,..,...~_.,~..,_"~,,._...___...w 2 Ust aU busmesses that have a parent-subsidiaryl or affiliated busmess entity' rela!fonship With the applicant. (Attach list If necessary) o Check here If the property owner is NOr a corporation partnership, firm. business or other unincorporated organization j &2 next page/or footnotes Does an offiCial Of employee 1f . e City of Virginia Beach have an interest In the land? Yes No If yes what is the n~;~; of the ffi;;~1 or employee and the nature of thENr Interest? :on1lt~on;,il Permit A.p;;:hC$hnr 8 of r "~i2007 z o I I ~ U I I ......::I o. ,~ f-t I I ~ ~ ~ ~ c:I:) ;:::J ~ o . I f-t I I c=l Z o u DISCLOSURE STATEMENT DANIEL E. POSTON Agenda Item 18 Page 9 z o I . ~ c: ::l I . J 1 o. ~ I I . ~ ~ r"'. ~ CI:) ::::> ~ o I t I · I I Q Z o c: ') DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List aU known contractors or busmesses that have or WJI! provJde :serVices with respect to the requested property use, including but not lirmted to the providers of architectural services. real estate services financial services, accountlng servi<;es and legal services {Attach list if necessary I ~...______._m_'__'_","_"~,,' ___._, .'~___'~"_""""_"'~""_'_""_."~"^'_ . ...... .. _""""""^".~..,. ..... _ ..,____'_,~',~,'...,,_~"''''''''.,.......''~~~........ i "Parent-subsidiary relationshIp means "a relationship that e xi5ts when one corporation directly or indIrectly owns shares possessmg 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 bus mess entfty relationship" means 'a relationship other than parent- subSidiary relationship, that exists. when (I) one ouslI1ess entity has a cCilltrolling ownership Interest 1!1 the other business entity a controlling ow ner in one entity IS also a controlling owner in the other entity 01 (ill I there IS shared management Of control between the business entities, Factors that should be con sloe red in determming the eXIstence of an affIliated business entity relationship include that the same person or substantially the same perscm own or manage the two entIties: them are common or commmgloo funds Ot assets, the business entities share the use of the same offices 01' employees or otherwise share activities, resources or personnel on a regular baSIS or there is otherwise a close working relations hip between the entitles." See State and local Government Conflict of Interests Act Va Code S 22-31D1 CERTIFICATION: 1 that the 'nformaMn contained herein IS true and acCtJrate. ! understand that upon receipt of nottficaHon ipcstcardl HUlt the appilcatK:H, has been scheduled fm public heanng j a1'n responSible for obtaining ana postlf1g the required SIgn on the subject property at least 30 days pnor to the scheou:ed pubhc hearing accordmg to the instructions In thiS package The underSIgned also consents to entry n heecl property by employees of the Department of Pia to phQtograph and View e Sit fo u1'poses of pmcessHlg and evaluating this appilcatlon '^.____~ ~oclm____ Print Name s than Cowin",,,,,! Use Perrtltl Appk,;alKm Hln" 'tn I' 3!2N)7 DISCLOSURE STATEMENT DANIEL E. paSION Agenda Item 18 Page 10 i I: II Item #18 Daniel E. Poston Conditional Use Permit 3336 Holland Road District 3 Rose Hall November 12,2009 CONSENT Joseph Strange: The next matter is agenda item 18. An application of Daniel E. Poston for a Conditional Use Permit for motor vehicles sales and service on property located at 3336 Holland Road, District 3, Rose Hall, with nine conditions. Billy Garrington: Good afternoon Chairwoman Anderson, and members of the Planning Commission. For the record, I'm Billy Garrington here today on behalf of the applicant Mr. Daniel Poston, property known as 3336 Holland Road. In the staff write up there are nine conditions that are attached with this. Ms. Anderson, we are in agreement with those. I would also like to thank Mr. Whitney and Ms. Faith Christie, if she were here. This matter was on your agenda for September, and it was deferred for 60 days. And I just want to personally thank them for giving us their time so we could get something back to this Board that was on the consent agenda. We're in agreement with those conditions, and we thank you for that. Janice Anderson: Thank you. Joseph Strange: Thank you. Is there any opposition to this matter being placed on the consent agenda? If not, the Chairman has asked Ron Ripley to review this item. Ronald Ripley: Thank you Mr. Strange. This is an existing building. It was originally built as a bank, and it was occupied later as a real estate company. Now, it is occupied by a company that does automobile titling. They are looking to expand it a little bit, and improve the building, improve the landscaping, and build to add the sale of cars and repair cars. They have designed the building such that any repair doors are located to the back of the building. It has been landscaped very nicely around the back and on the side. So, you really won't have any visual issues here. The building itself is a quality building when it was built, and it looks like they are upgrading that, and Mr. Garrington said, there are a number of conditions that the applicant has worked with the staff on, so the Planning Commission was comfortable with placing this on the consent agenda. Joseph Strange: Thank you Ron. Madame Chairman, I make a motion to approve item 18. Janice Anderson: A motion by Joe Strange. Second? Al Henley: Second. Item #18 Daniel E. Poston Page 2 Janice Anderson: A second by Al Henley. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KATSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved item 18 for consent. Janice Anderson: Thank you. I want to thank everybody for coming down that had an application on the consent agenda. I hope you get home safely. 11& R-10 CUP for Private Schoof & Dormitory i I II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROCK CHURCH, Conditional Use Permit, religious use, 640 Kempsville Road. KEMPSVILLE DISTRICT. MEETING DATE: December 8,2009 . Background: The applicant requests a Conditional Use Permit to allow a religious use for adult education of potential ministers. The site is occupied by a religious complex, consisting of a church and various support uses. The building proposed as the location for the education of potential ministers has been most recently used as office space. . Considerations: The adult education classes are considered a type of seminary where those participating in the program would also live on the site. No more than 20 adults will be in the program at a time. This is a private program for individuals recommended by associated church leaders. The program is non-profit and part of the instruction is assisting in the management of the operations of the church. Hours of operation vary with the hours that the church is open. The church is open seven days a week with varying hours. The education program will be located on two floors of an existing section of building that is on part of the church property. These floors were used previously as office space. Additional windows will be added to the building, and other modifications will be made as necessary to meet Code requirements. The proposal for a religious use of adult education / seminary is acceptable. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is relatively unobtrusive and will complement the surrounding residential neighborhoods and business areas. The ancillary church building is an established use in this area. Staff is satisfied that the operation of this use at this location, at the size proposed, will not negatively impact the surrounding neighborhoods. There was no opposition to this request. ROCK CHURCH - JOHN GIMENEZ INTERNA TION SCHOOL OF MINISTRY Page 2 of 3 . Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to recommend approval to the City Council with the following condition: 1 . A Certificate of Occupancy shall be obtained prior to the use of the dormitory area. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. / Submitting Department/Agency: Planning Department /(V City Manager~) ~ .~0">'Yi. 'i II 13 November 12, 2009 Public Hearing APPLICANT I PROPERTY OWNER: ROCK CHURCH - JOHN GIMENEZ INTERNATIONAL SCHOOL OF MINISTRY STAFF PLANNER: Karen Prochilo REQUEST: Conditional Use Permit (Religious Use - Adult Education / Seminary) ADDRESS I DESCRIPTION: 640 Kempsville Road GPIN: 14667655590000 ELECTION DISTRICT: KEMPSVILLE SITE SIZE: AICUZ: 5.25 acres Less than 65 dB DNL PROPOSED SPACE: 12,000 square feet SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a religious use for adult education of potential ministers. The adult education classes are considered a type of seminary where those participating in the program would also live on the site. No more than twenty adults will be in the program at a time. This is a private program for individuals recommended by associated church leaders. The program is non-profit and part of the instruction is assisting in the management of the operations of the church. Hours of operation vary with the hours that the church is open. The church is open seven days a week with varying hours. The education program will be located on two floors of an existing section of building that is on part of the church property. These floors were used previously as office space. Additional windows will be added to the building, and other modifications will be made as necessary to meet Code requirements. ROCK CHURCH - JOHN GIMENEZ INTERNATIONAL SCHOOL OF MINISTRY Agenda Item 13 Page 1 LAND USE AND ZONING INFORMATION EXISTING lAND USE: Church uses SURROUNDING lAND USE AND ZONING: North: South: East: . Across John Gimenez Drive, church I R-10 Residential District . Across Milburne Drive, single-family dwellings I R-10 Residential District . Across Rudyard Lane, single-family dwellings I R-10 Residential District . Across Kempsville Road, single-family dwellings / R-7.5 Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is impervious, as it is developed with a structure and parking lot. There are no significant natural resources or cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Kempsville Road in the vicinity of this application is a four-lane divided minor urban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 150-foot wide right of way. Currently, this segment of roadway is functioning overcapacity at a Level of Service (LOS) F. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Kempsville Road 30,733 ADT 14,800 ADT (Level of The change in ADT will be (2008 ) Service "e") negligible, particularly since 22,800 ADT 1 (Level of the previous use of the area Service "0" / Capacity) in the building was for office 27,400 ADT 1 (Level of use - a high-traffic Service "E") generator during peak periods. 1 Average Daily Trips A Capital Improvement Program (CIP) project is prograamed in this vicinity. The Princess Anne Road/Kempsville Road Intersection Improvement project (CIP 2-048) will reconstruct the Princess Anne Road/Kempsville Road/Witchduck Road intersection to raise the capacity of the intersection in order to meet future demands and eliminate current congestion problems. The project is currently in the Site Acquisition phase and is scheduled to go to bid for construction in the summer of 2010. WATER: The site is connected to City water. SEWER: The site is connected to City sanitary sewer. ROCK CHURCH - JOHN GIMENEZ INTERNATIONAL SCHOOL OF MINISTRY Agenda Item 13 Page 2 II FIRE DEPARTMENT: Due to the introduction of living space within the building, an automatic fire sprinkler system and fire alarm system may be required if not already installed. The applicant must obtain a certificate of occupancy from the Building Official. HEALTH DEPARTMENT: Due to the introduction of living space within the building, the owner must secure a permit from the Health Department prior to beginning operation. Recommendation: Staff recommends approval of this request. EVALUATION AND RECOMMENDATION Comprehensive 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 this area. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal is relatively unobtrusive and will complement the surrounding residential neighborhoods and business areas. Evaluation: The proposal for a religious use of adult education / seminary is acceptable. The ancillary church building is an established use in this area. Staff is satisfied that the operation of this use, at the size proposed, at this location will not negatively impact the surrounding neighborhoods. CONDITIONS 1. A Certificate of Occupancy shall be obtained prior to the use of the dormitory area. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning I Development Services Center and Department of Planning I Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses aI/owed by this Use Permit are valid. 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. ROCK CHURCH - JOHN GIMENEZ INTERNATIONAL SCHOOL OF MINISTRY Agenda Itell'l 13 Page 3 AERIAL OF SITE LOCATION ROCK CHURCH - JOHN GIMENEZ INTERNATIONAL SCHOOL OF MINISTRY Agenda Item 13 Page 4 II o O. (J o c:: 'II D <Ill 110 ~ LIo.........d I - ~~-.." = II :M:SA, P.C. ~Sdc:aca.~'PI!allaa 6_~, DATE: 09/01/09 =:":'""~A=- 3l~........~____,..,."............-..II"._"'" "1-tPO-9164(~"l ~(FD) - =-=-~="-=-'::::::'-..=.. w..~~"VIrJblI4'EllldSbOlll ~ ....~Lr~~~\CC'"~_... ....- PROPOSED SITE PLAN ROCK CHURCH - JOHN GIMENEZ INTERNATIONAL SCHOOL OF MINISTRY Agenda Itern 13 Page 5 > a: .... en - z - == LL. 0 .... 0 :z 0 0 :c - tc (.) en > .... 0 c :z z w c a: - a: !c 0 z 0 a: .... w LI- .... Q Z :z - N N W Z w :E - ~ Z ::E: C ..., PHOTOGRAPH OF EXISTING BUILDING ROCK CHURCH - JOHN GIMENEZ INTERNATIONAL SCHOOL OF MINISTRY Agenda Item 13 Page 6 II 11, R-l0 CUP for Private School & Dormitory 1 08/10/99 Conditional Use Permit Child Care Granted 05/09/95 Reconsideration of Conditions Granted 12/15/92 Conditional Use Permit Home for Aged Granted ZONING HISTORY ROCK CHURCH - JOHN GIMENEZ INTERNATIONAL SCHOOL OF MINISTRY Agenda Item 13 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm. business, or other unincorporated organization, complete the following: 1 List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Mr. William Smith, Mr. William Dozier, and Mr Richard C Hudscr:, Jr 2. list all businesses that have a parenl-subsidiary1 or affiliated bUSiness ent.ty2 relationship with the applicant: (Attach list if necessary) None 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, merrbers, trustees, partners, etc. below: (Attach list if necess8fl/) 2. Ust an businesses that have a parent-subsidiary 1 or affiliated business enti!y2 relationship with the applicant (Attach list if necessary) o Check here if the property owner is NOT a corporation, partnership. Hrm, business, or other unincorporated organization. T,&2 See next page for f~Dtnotes- Does an offiCial or employee of the City of Virginia Beach have an Interest In the x subject land? Yas ___ No_ If yes, what \s the name of the official or employee and the nature of their interest'? Cor~cniO-;'1.9J PtH''''1~~t ;\priii(:,:JhOc Pt:~;Y, H ~'J.:~''f:5&j ! :~V2rhJ'? z o I t ~ c...;J I I ......:I ~ ea ,E--t ~ ~ '~ ~ ;:::J ~ o I I f E--t I . ~ Z o c:: :l ROCK CHURCH - JOHN GIMENEZ INTERNATIONAL SCHOOL OF MINISlRY Agenda Item 13 Page 8 II z o I I !;3 C'.-) I I , ~ ~ ~ f-4 ~ b~ ~ ;:::J ~ o I . f-4 I I ~ Z o C'.-) DISCLO 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 servir,€lS, accounting services, and legal services: {Attach list if necessary) . "Parent-subsidiary relationship" means "a relationship Ihat exisls when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State Bnd Local Government Conflict of Intel1i!sts ,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 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 affiltated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the husiness entitles share the use of the same offices or employees or otherwIse share activities. resources or personnel on a regular ~lsis: or therois otherwise a close working relationShIp between the entities." See State and Local Government Conflict of Interests Act, Va, Code S 22.3i01 CERTIFICATiON: I certiri that the information contained herein Is true and accurate. I understand thaI, upon receipt of notification (postcardi L'lat the app!iC3!H:m has been scheduJed lor pubilc flearing j am responsible lor obtaining and postmg the required Stgn on the subject property al least 30 days prior to the scheduled public hearing according to the iflstructions in thiS pacl:age The wlderslgned also consents to entl', upon the sUbJecl property by employees of the Department of P Olograph and view the site for purposes of processmg and evaluating thiS appilcatkm. ~~ RiChard C Hudson Jr. Pnnt Name Prop-;;i1yC)v.'ner s Sil/nature {ir"diflerent than applicant) DISCLOSURE STATEMENT ROCK CHURCH - JOHN GIMENEZ INTERNATIONAL SCHOOL OF MINISTRY Agenda Item 13 Page 9 Item # 13 Rock Church Conditional Use Permit 640 Kempsville Road District 2 Kempsville November 12,2009 REGULAR Donald Horsley: The next item is Item 13, an application for Rock Church for a Conditional Use Permit for a religious use on property located at 640 Kempsville Road, District 2, Kempsville. Janice Anderson: Welcome. Pastor Ann Gimenez: Thank you. Good afternoon. I'm Pastor Ann Gimenez. This is my associate Larry Stripling, who has been working on this with me. We're asking permission to remodel a presently standing building. Nothing outside but just remodel a little area inside. But first a little background. We've been in the area 41 years. We've run a school for over 30 years for Kindergarten through 12, and we've had a bible school for that length of time. We've always been in training not only as a church, but a training center. We've equipped and trained hundreds of young men and woman, who are out there pastoring now, some of them overseas. Some may have been in this area, and all over the United States. We have 15 churches in Liberia, in and around Monrovia. We have ten churches in the Ivory Coast. We have 10 churches in Ghana, 5 churches in India, and one church in Fiji, and about 45 churches in the United States. And, we want to bring over young men that qualify. By qualifying their education, finishing their school and their pastor's recommendation, we want to be able to bring them here for at least a year of schooling and training so we will send them back, and they will plant churches and they will evangelism, and work in their countries. And, they would be sponsored. We would pay their expenses. We would be totally responsible for them. In our existing structure, we have a cafeteria and a kitchen, in the same building that we want to remodel the small area. These would not be people off the street. We have had, in the past, worked with substance abusers. We have not worked with substance abusers in housing them that way for probably 13 or 14 years. We now, we don't have the facilities anymore the houses we once had. We send them to Teen Challenge in Newport News or we have another connection down in Tampa, Florida. We have people come to us, and it was a concern. But no one has ever lived in the church. We have never housed any substance abusers at all. Wh(;~n we did work with them, we had houses outlined where they could be. We're asking permission to remodel just a small area for these international students. Janice Anderson: Okay. Can you go into what the remodeling is? It is not a big remodeling. You're keeping the same building. You're just adding some windows, is my understanding. Larry Stripling: Basically, it was originally... Ed Weeden: Can you identify yourself? II Item # 13 Rock Church Page 2 Larry Stripling: Larry Stripling. Basically, it was originally offices. They're pretty good size. It was up on the front part of the church, in the upper part. And, they are just basically could easily converted over to small dorm rooms for apartment type, not with any kitchen facilities or anything of that nature. In years people have came in from different parts in the states. They have been able to stay with people that were members of the church. This was just not a good situation. The way the world is today, and to ask people can somebody offer their house or something for people to stay in. So, basically it is just to be able to have a place where the people can stay. They won't be bringing cars. It will be 100 percent monitored by the church. There is somewhat of a staff at the church 24 hours a day there, so there are no issues, as far as we can see. Pastor Ann Gimenez: The structure that we want to use is now our gymnasium. It was the first building we built. It is now our gymnasium, and so the bathrooms, the showers, the cafeteria, everything is in that one building. Janice Anderson: Okay. Are there any other questions? Joe, did you have a question? Joseph Strange: No, I didn't have any. Janice Anderson: Okay. Thank you ma'am. Henry Livas: Educational program. Janice Anderson: Oh, I'm sorry. Henry Livas: Education program? Approximately how long does that last? Pastor Ann Gimenez: I would like to keep them for at least nine months. We call it a one year program for nine months. Henry Livas: Then they move on. Pastor Anne Gimenez: Yes. Then we would send them back. Henry Livas: Would you bring another class in after? Pastor Ann Gimenez: Yes. We would like to bring continuing training. Actually, I named the school. We have all the papers and all. The John Gimenez International School of Ministry because my husband, who has passed away had such a heart for missions all over the world, so we wanted his name to continue training and sending young men and women, sending them out to other nations to plant churches. Janice Anderson: Okay. Larry Stripling: One last comment. Item # 13 Rock Church Page 3 Janice Anderson: Yes sir. Larry Stripling: Not only do we have all of these extended churches, they have in Fiji, and in Liberia, we sponsor hospitals. It is a care center for people that can come in. There are actually doctors on staff that are operating 24 hours a day. And all of this is funded through the people and the generosity of the people that are members of Rock Church. Pastor Ann Gimenez: And we have schools. We have a school for 1000 children in Monrovia Liberia. We've had it for years and years that we support; so, education is very much of what we want to do. Janice Anderson: Very important work. Thank you. Pastor Ann Gimenez: Thank you. Donald Horsley: No other speakers. They were the only two. Janice Anderson: They were the only two? Okay. Donald Horsley: Unless someone has come in. Janice Anderson: Are there any other speakers signed up on this matter? I'U open it up for discussion. Jay? Jay Bernas: I make a motion to approve. Henry Livas: I'll second it. Janice Anderson: A motion to approve by Jay and a second by Henry Livas. AYE 9 NAY 0 ABSO ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KATSIAS LIV AS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 2 ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved the application of Rock Church. II Item # 13 Rock Church Page 4 Janice Anderson: Thank you. Larry Stripling: Thank you very much. M 5 af 1- Tessu1> Construction, LLC Mep No to Seol.., k ~ ""j ~'\lr^' ~ ,!\" · <: -A ~~ ~ t>/.V l;p ~,- ~ ' ~L-~--: 'V I~ ~ D ~ \ I Q ~1 II ~ 4 ~ i ~~ 4"( I ~ '--.\Il~. ~ ~4 = q.~.~ -,~ ~~~~\ ~ b I "J4n' ~ ..~~. ~ tm8 9~~: ~\\ ~ "'I '\ ~~ ~"13 -~. ~\' U}~I] \ \ t\l ,. ~~. .~.~l&c ' ~ ~ [I ~ 0 :4 ~ 0\ ~.~~ ~ ~ K\r'l""'~ ~!1) · ~{l1i ~ ' ~~ ~>~ L; j ..'~ ~~ _~~ .... ~ ~ Q; ~ J "" ~~ '\ ~ ,,-)(~r', ., >; ~ n- ~ ~" .'5. \ ~ tfi ,.a~~ ~"'~~ ~.~ ~'rk:~ ~1\ 5 ~ ~~ '~.. '" ~ [\f" , ~ ~ \~ ~ tK\{\, ~ Ji ~ '\ ....~ ~ t\ \:~l\}.tll ~f\. \. l:>. ~1. 'II< --> ~ . ~ ,...'j \.~/' t, r-"d: \. \. Conditional Zoning Change: from R-40 to Conditional R..20 II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JESSUP CONSTRUCTION L.L.C./ JOHN P. MYERS, Chanae of Zonina District Classification, R-40 Residential District to Conditional R-20 Residential District, 1125 and 1129 Trantwood Avenue. LYNNHAVEN DISTRICT MEETING DATE: December 8,2009 . Background: The applicant proposes to change the zoning of two existing single-family lots, zoned R-40 Residential, to R-20 Residential District. The existing treed lots are located along a fresh water lake in an older well-established neighborhood. The applicant's purpose in rezoning this lot is to divide the property into four single- family waterfront lots. A portion of the subject site is located within the 65-70 db DNL AICUZ (Sub-Area 3). On September 24, the City-Navy Memorandum of Understanding (MOU) Committee met to review this rezoning request for consistency with the AICUZ Overlay Ordinance (Article 18 of the City Zoning Ordinance). One of the new lots proposed by the applicant falls entirely within the 65-70 AICUZ. The existing house located on the lot being subdivided is outside the AICUZ. The applicant was notified that the new lot within the AICUZ should be deleted from the proposal. The applicant, however, has asked the staff to move the proposal forward to the City Council as it is. The City Council deferred this application on October 27,2009. . Considerations: The existing traditional brick and wood frame homes located on the lots were built in the early to mid-1960s. The approximate size of each of the existing homes is less than 2,400 square feet. The style of the existing houses is similar to many of the houses built in that time frame within the neighborhood. The applicant proposes to demolish the two homes and build four larger transitional- style houses on the combined properties. An examination of this well-established neighborhood of houses built during the 1960s on lots with ample land around each reveals the replacement of two homes each under 2,400 SF with four significantly larger transitional-style houses would be out of character with the surrounding area. While many of the R-20 JESSUP CONSTRUCTION, LLC Page 2 of 2 Residential lots are larger than 20,000 square feet (the two properties to the south of the subject lots are 30,700 square feet and 28,500 square feet), a rezoning of the subject site will establish a precedent for zoning changes on the R-40 Residential lots in this area, which would be injurious to this neighborhood through a loss of mature vegetative cover, increased impact on adjacent waterways, increased impermeable surface, increased traffic are examples. Under the provisions of Article 18 of the City Zoning Ordinance (AICUZ Overlay Ordinance), "no application shall be approved unless the uses and structures it contemplates are designated as compatible. . . unless the City Council finds that no reasonable use designated as compatible under the applicable table or tables can be made of the property. In such cases, the City Council shall approve the proposed use of property at the lowest density or intensity of development that is reasonable." In this case, the applicant is proposing an incompatible use (one additional residential unit) with Sub-Area 3 of the 65-70 dB DNL AICUZ. There was opposition to this request. . Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to deny this request. . Attachments: Staff Review and Disclosure Statement Planning Commission Minutes Location Map and Summary Recommended Action: Staff recommends denial. Planning Commission recommends denial. Submitting Department/Agency: Planning Department; /V- City Manager:~ k ,~~ / II t iJ!iiA:Dn,tt ..:,'onJnf; Ch.Wgf rten K-.:i.l 11> lO!ldH~,ln,?1 R-,: 14 September 9, 2009 Public Hearing APPLICANT: JESSUP CONSTRUCTION, LLC PROPERTY OWNERS: JOHN P. MYERS I CONSTANCE MIX STAFF PLANNER: Karen Prochilo REQUEST: Conditional Chanqe of Zoninq (R-40 Residential District to R-20 Residential District) ADDRESS I DESCRIPTION: 1125 and 1129 Trantwood Avenue. GPIN: 14988502950000 14988504260000 ELECTION DISTRICT: LYNNHAVEN SITE SIZE: Lot 24 - 45433.76 SF Lot 25 - 55911.29 SF Total: 101,345.05 SF AICUZ: Property is split. Less than 65 dB DNL and 65 dB to 70 dB DNL SUMMARY OF REQUEST The applicant proposes to change the zoning of two existing single-family lots, zoned R-40 Residential, to R-20 Residential District. The existing treed lots are located along a fresh water lake in an older well- established neighborhood. The applicant's purpose in rezoning this lot is to divide the property into four single-family waterfront lots. The existing traditional brick and wood frame homes were built in the early to mid-1960s. The approximate size of each of the existing homes is less than 2,400 square feet. The style of the existing houses is similar to many of the houses built in that time frame within the neighborhood. The applicant proposes to demolish the two homes and build four larger transitional-style houses on the combined properties. JESSUP CONSTRUCTION LLC I MYERS & MIX Agenda Item 14 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family residential dwellings SURROUNDING LAND USE AND ZONING: North: South: East: . Single-family dwelling / R-40 Residential District . Single-family dwelling / R-20 Residential District . Across Trantwood Avenue, single-family dwelling / R-40 Residential District . Across water, single-family dwelling / R-20 Residential District West: NATURAL RESOURCE AND CULTURAL FEATURES: The site is two treed residential lots each with a home and driveway backing onto a lake. The property is within the Chesapeake Bay Watershed. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTPl I CAPITAL IMPROVEMENT PROGRAM (CIP): Trantwood Avenue in the vicinity of this proposal is a two-lane cul-de-sac local street off of Rose Hall Drive. Rose Hall Drive is a two-lane collector. Neither Trantwood Avenue nor Rose Hall Drive is in the Master Transportation Plan. Currently, no crp projects are proposed for either street. This proposal c10es not create any adverse impacts to the existing roadway network. WATER and SEWER: This site connects to City water and City sanitary sewer. Any newly created lot must connect to City water and City sewer. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends denial of this request. Comprehensive Plan: The Comprehensive Plan Map identifies this site as being within the Primary Residential Area. The City's Comprehensive plan states that the objective of the Primary Residential Area is to protect the predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the Primary Residential Area. Evaluation: An examination of this well-established neighborhood of houses built during the 1960s on lots with ample land around each reveals the replacement of two homes each under 2,400 SF with four significantly larger transitional-style houses would be out of character with the surrounding area. While many of the R- 20 Residential lots are larger than 20,000 square feet (the two properties to the south of the subject lots are 30,700 square feet and 28,500 square feet), a rezoning of the subject site will establish a precedent JESSUP CONSTRUCTION LLC I MYERS & MIX Agenda Itern 14 Page 2 II for zoning changes on the R-40 Residential lots in this area, which would be injurious to this neighborhood through a loss of mature vegetative cover, increased impact on adjacent waterways, increased impermeable surface, increased traffic are examples. The building photographs provided by the applicant as typical building elevations conflict with what exists within the neighborhood. The proposed home styles are not consistent with the existing streetscape. Proffer 3 does not restrict the setbacks any more than the typical R-20 setbacks for the front and side yards and allows for four structures almost double in size of the existing residential foot prints. With the smaller lot size of the R-20 and the significant increase for square footage these four lots will not maintain the appeal and charm this neighborhood holds. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 1 07(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (~107(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is developed, in order to achieve a coordinated design and development on the site consistent with the surrounding neighborhood all lots shall be at least 20,000 square feet in area and of the same basic configuration and dimensions as depicted on the Subdivision Plan prepared by Bonifant Land Surveys, dated April 30, 2009 which Subdivision Plat is attached hereto as Exhibit A. PROFFER 2: All building lots created upon the Property shall be subject to that certain DECLARATION OF RESTRICTIONS of record, in the aforesaid Clerk's Office in Deed Book 578 at Page 73 dated February 27, 1954 but omitting any covenant or restriction based upon race, color, religion, sex handicap, familial status or national origin. PROFFER 3: All dwellings constructed on the lots created upon the Property shall adhere to a 50 foot front setback from a public street, a 15 foot side yard setback, contain a two-car garage, an consist of no less than TWO THOUSAND SEVEN HUNDRED (2,700) square feet of conditioned space or more than FOUR THOUSAND FIVE HUNDRED (4500) square feet of conditioned space. PROFFER 4: The exterior surfaces of all dwellings constructed on the lots created upon the Property shall not be less than 70 % brick veneer. PROFFER 5: To the maximum extent reasonable, Declarant shall preserve existing vegetation along the front and original side of boundaries of the Property. PROFFER 6: All covenants, restrictions and conditions relating to the Property and currently in existence shall remain in JESSUP CONSTRUCTION LLC I MYERS & MIX Agenda Item 14 Page 3 full force and effect and remain unaltered by these proffered covenants, restrictions, and conditions. PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are not acceptable as they provide for a development that staff finds is not consistent with the Comprehensive Plan and is not compatible to the surrounding area. The City Attorney's Office has reviewed the proffer agreement dated August 14, 2009, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. JESSUP CONSTRUCTION LLC I MYERS &tJlIX Agenda Iten114 Page 4 \\ J"ssup CONSiRUCilON LLC I ,,^YERS &. '" " J'.geoda Itel1l psg AER\A\. Of S\"rE \.OCA1\O\' REZONING PLAN LOTS 24 & 25A SECTION 2 TRANTWOOD SHORES "'946 P 46 & MB. SSP. 51 t VIRGINIA BEACH, VIRGINIA S,e>" " , 50' 13 AuQil.1 2009 M'~ tm r.J$fttf Matt~r , , \ \ \ ~ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I I I I I I I. I J, ."" j ~ \ \ .-' I ~ \.l.l IL ~ ~ ~ "" Ja,l'W:~; T Brvw HSS-aS.'W19 OB 300\l P t862 M846P4e ,* ,\. -4 Tf~I$ P."O(Jftft'laptWJij.r'? k :;-t~ w~:th-' Pond IMtJ$' X So AE'Si::F #~ !J./"ICiNt"i on' PtJttr~;' Dr:'>i CommunityNtl 51S531 r; fMiqJ( Cart1(j .. M~y ~';)Ui ~ ,,;,/""IJo~ a~ad', PROPOSED REZONING PLAN JESSUP CONSTRUCTION LLC I MYERS & MIX Agenda Item 14 Page 6 II EXISTING TWO-STORY DWELLING - LOT 24 JESSUP CONSTRUCTION LLC I MYERS & MIX Agenda Item 14 Page 7 EXISTING ONE STORY DWELLING... LOT 25A JESSUP CONSTRUCTION LLC I MYERS & MIX Agenda Item 14 Page 8 II PROPOSED BUILDING ELEV ATIQNS JESSUP CONSTRUCTION LLC I MYERS & MIX Agenda Item 14 Page 9 . .. ..,1 I, PROPOSED BUILDING ELEVATIONS JESSUP CONSTRUCTION LLC I MYERS & MIX Agenda Item 14 Page 10 II Mo~"1.~f t !st I" lessulJ Construction9 LLC '~,~ ~ oct ~j;;'" \<, \ T :\ "'" .// ~( -A ~ />> 'W. ~ r~() W /"" ~~p0-: ~ ~ ~~ ~ :-;"~,I'~,, ~ I <1 i (' )(~--'C ' ,~X ~ ','" , rc,' ~~~/ ~~~\~~ .---! :~~~ . ,~, ~X~ \ \. l 9 Ql1 , _ R ~n " ~ ~)" :-c :i,. 1 "'" ~~ ~,.... ,,~S:\ ~ ----'---. -~. \ ~; ~~ ~,,~~ U : ,,. 1] iil ~ \''":'ll b\J ~~L \G ~~~ ~ ~\ ~ ~ . i ~ ~.>. ':1! ~ ^_ ~ . (;(~ ,,1;( f\:T\f (/\ ~~~ ~ .~.. (\ ).r:\ ~~ I ~~'\ . '\. .. ~ ti ~\ ~> \~J~~"'.~ ~ ~-~l/~ \.~ ,~'~\lA"\ ~'~ '\.~1i~ tl1" ~\~{\ ~~ "',., ~,\ " { ~~ ~; - ~'\n~ r' ~~~ '\~ ~,,,GQJ\ m~~" ., 1 II J \~\ '\ 0 ri\: ~ ,t.J\~ b. rh ~f\ H. ~ '~-"'" ~ ~ j v"f:X -, Ar ~ ! 'il ,:- 'V ~ ~~~ ~ ~~\I ~'~~. ~ rnTll~l1{~~1{\ V ,Y ~ ~lM.~1 ! \8\ ~/~~)\f! ~ ~<,rl \-\ Conditional/lining Chmge: frorn R-40 to Conditional R-20 I Subdivision Variance I Granted 11 I 02/25/03 ZONING HISTORY JESSUP CONSTRUCTION LLC I MYERS & MIX Agenda Item 14 Page 11 SCLOSURESTATEMENT 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) /'(1 J7,Jt.:;r I'Ml JrIL L. f r'.1/H .I'" M/ n"-. IN j t.A..;:1! .4 ..1. /'1 n'Tl.L 2, Ust~tbusin:Sses~~~; a parent-subsidiary 1 or affiliated business E'lnhtf relationship with the applicant (Attach list if necessary) ;Vvl"'& 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 na.mefoflowed by the names of all OffICers, mernbers. trustees, partners, etc. below: (Attach list if necessary) :;l:jtr- /"'} Ytt::~ 2. List all businesses that have a parent-subsidiary 1 or affiliated business e~titi relationship with the applicant (Attach list jf necessary) ~heck here If the property OWner Is NOT a corporation, partnershIp, firm. business, or other unincorporated organization. r:;;"7"~"--'--" & See next page for footnotes Does an official or em, ployee of n" ity of Virginia Beach have an Interest in the subject land? Yes D~ No If yes, what is the name of the official or employee and the nature of thEm interest? C~f1aI Rf.'lt~ ~'''''M, 110lU l1tlfi,lZOO6 z o I I ~ U t I ~ ~ ~ t.:) ~ ~ N ga ~ o t I E--4 I I ~ o u JESSUP CONSTRUCTION LLC I MYERS & MIX Agenda Item 14 Page 12 II z o I I ~ U I I bJ ea t.:) ~ z o .N ga ~ o I I E-t I r 52 o u DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES Ust 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) ~L t.- "/'II'" .,.~ . /5;4" 1- #_,'1 ~. . '\,.. j .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. 2 "Affiliated business entity relationship' means 'a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a cootrolhng OWl"lefShlP Interest in the other business entity, (Ii) a controlling owner in one entity IS also a controfllng owner in the other entity, or (ili) there Is shared management or control between the business entlUe$. Factors that should be considered rn determining the eXlstence 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 otherwi$e share activities resources or personnel on a regular basis, or there IS othefwise a close worklng relationship between the entities.. See State and Local Government f'.onflict of Interests Act, Va. Code S 2.2-3101 CERTIFICATION: I certify that the information contained herem IS true and 8cwrate. t understand that upon receipt of notifICation (postcard) that the applICation has been scheduled for public hearing, I am responsible for obtaining and posbng the flilQUire<l sign on the subJect property at least 30 days poor to the scheduled public heanng according to the instructions in thiS package The under1ilgned also consents to entry upon the subjecl property by employees of the Department of Planning to photograph and view the Stle for putposes of processmg and evaluating this application ..1"_.M'w.,."".,,.. '... ~s ~~rel ~ I J. V \; VJ.2.... property Owner s Signature (if differentthafl appllCElfl!) t /2 S T-t ."'~ ... h '. . , /II i. - AI J ,: t:" :,..... /"'/1 77):' Print Name ~(~()_M? f_l7-f:'>. Print Name COfldlboMI RtllOfllOq A;Jp4calkm Page 1:1 vi 12 R~ 7":)/2007 JESSUP CONSTRUCTION LLC I MYERS & MIX Agenda Item 14 Page 13 I DISCLOSURE STATEMENT I 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) (t ,ttX J /,"!/J.71t ! r;r -'1/.! ;11 /"'1' 7Tl J(_ ",. , , ~:1l.<A 1 j11/j"'fi:)[' )"'1[. i.- I,/'rl l " . t.: IdAi ;:; /'1 ff7lZ/L- 2. List all ousinesses that have a parent-subsidiary 1 or affiliated business entitf 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. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) CC/v",IJtrlf.."c -4. ~'lX It l. tJ r 2. List all businesses that have a parent-subsidiary 1 or affiliated business entitf relationship with the applicant: (Attach list if necessary) /' I13fheck 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 ~ity of Virginia Beach have an interest in the subject land? Yes U. No If yes. what is the name of the official or employee and the nature of their interest? Condibona' Ralol1lng Appl>eabO'\ Page 11 of 12 Revl$ed 11/1612000 z o I t ~ C-' I I I , ~ ~ C-::) 25 z o N ga ~ o I I f-c I I c::::l ~ C-' JESSUP CONSTRUCTION LLC / MYERS & MIX Agenda Item 14 Page 14 II ~ I I ~ u :..J ~ ~ t.:) Z I I Z o N ga ~ o I I r-c I I ~ Z o u DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 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 9 2.2-3101. 2 "Affiliated business entity relationship. means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be 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 othetwise 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 infofmation 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 al leasl 30 days prior 10 the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. , .::.....,"'" ~" ,j .. '<.... j- Appli~n1's 5ignall# ). '". ?t:.--.- l~;;;'.J /7-,- ,7 ,/'7/;?'7?/'L._ Print Name / i ,'-><r ~ ,"'.',."~"..-'_A, , j~"",/ Property Owner's Signature (if differ~nt than applicant) \O~, >, "c' 1 Print Name t, ConcIitiOnal Rezoning AppIiC81ion Page 12 of 12 ReviSed 7f312007 DISCLOSURE STATEMENt JESSUP CONSTRUCTION LLC I MYERS & MIX Agenda Item 14 Page 15 Item #14 Jessup Construction, L.L.c. Change of Zoning District Classification 1125 and 1129 Trantwood Avenue District 5 Lynnhaven September 9, 2009 REGULAR Donald Horsley: The next application is item 14, Jessup Construction, L.L.c. / John P. Myers. An application for Change of Zoning District Classification from R-40 Residential District to Conditional R-20 Residential District on property located at 1125 and 1129 Trantwood Avenue, District 5, Lynnhaven. Mr. Watson? Les Watson: Madame Chair and members of the Planning Commission, my name is Les Watson, and I'm a local attorney. I represent Jessup Construction, which is one of the applicants in this matter. What we are asking you to do is allow us to take two large residential lots in Trantwood and create four conforming residentia110ts on the same property. It is not a radical application. We're asking to take these two lots and create four completely conforming lots on the property once it is rezoned to R-20. The property is currently zoned R-40. It has been my privilege really to represent Foster Matter for over 25 years, and I will tell you that his reputation in the community, which I will address, is I think, unparallel. What is really going on here is that we have an older neighborhood. It was built in the 50s and 60s. It was originally not served by city sewer, which it is now. Many more people in those days wanted large lots, and a house of 2,400 square feet, if the one I grew up in is any example was considered a pretty big house. We grew up in a much smaller house than that but today the times have changed. And I think people want something different slightly than what they wanted in the 50s and 60s. Now, at this point, I would like to pass out this extremely high tech visual aid that I prepared (a colored map). David Redmond: Am I going to get some supplemental pay for all of these supplements? Les Watson: As you can see when you get this plat, the area we're talking, the area in the immediate vicinity of this property is overwhelming comprised ofR-lO, R-15, R-20, and R-30 property. The property that we're seeking to rezone is in blue because someone told me that was a friendly color. I'll use that for the property that which we're talking about today, the newer neighborhoods in the vicinity. There should be plenty for everyone. Janice Anderson: They're fighting over it. Les Watson: They are all pretty much the same. Interestingly the newer neighborhoods in the area over here to the northeast, Lake Trant and Colonial Oaks right across the other side of the lake are mostly R-10. I used to live at the end of Tang1ewood Trail on a R-10 lot. And the big lots in our neighborhood were the R-20 lots. That property was developed. My first house was developed in the 70s, I guess. But in those days R -10 was more of a standard for interior lots than R-20 was in the older days. It was typical to have R-40 around the lake in the 50s. It is more typical to have R-20 around the lake these days. At least that is what my math indicates. Those are the facts today. The property we're talking about and you can see this friendly blue property here actually abuts R-20 property to the immediate south, and it largely backs up to R- II Item #14 Jessup Construction, L.L.C. Page 2 20 property to the west. So, this is not some sort of block busting endeavor. It is just sort of logical extension of the way people live today. The lots on our plan that have been submitted are not exactly postage stamps. They are a minimum of 20,000 square feet. One of them is 24,000 plus square feet, and the largest one is 32,000 square feet plus. Even though we are only asking for R-20, one of the lots is going to be over 30,000 square feet, and the one adjacent to it is going to be over 24,000 square feet. So, they are not tiny little lots. Undeniable fact is that fewer and fewer families, at least in my experience, closing loans that I used to do, want to own properties on big lots with older, smaller perhaps less functional houses on them. That is just not what people are looking for today. I believe the owners of the property, which is the subject matter of the application they are going to comment on that shortly. The staff expressed a concern that the design submitted Jessup Construction are not like the other houses on the street. And they want to maintain consistency. But the problem is that if you say that the lots on these properties, which is the subject matter of the application, are outdated and you pay the price that the land demands, then if you put the house on the lot the price ofthe land requires, you're talking about building a 7,000 square foot house on a $500,000 lot, and that is truly incompatible with the neighborhood, which you can all do as a matter of right. You can knock these houses down and put a much larger house on there as a matter of right. We're asking for you to allow us to do something which is much closer to what is already in the neighborhood. Now Mr. Matter builds a lot of different houses. I've got some examples here, some photographs of some houses that he has built, and the styles that he can build vary. The sizes that he built vary. Like I said, I've represented him for 25 years. He is a craftsman. He has build a lot of homes on infilllots in existing neighborhoods, and he has a history of building high quality homes, sometimes on vacant lots, and sometimes by replacing older less functional perhaps obsolete houses. He builds homes which feature the amenities that today's families want on lots that are the size they want to live on. They are beautifully designed. They are beautifully constructed. They have the affect of revitalizing neighborhoods. Neighborhoods get tired. Sometimes the houses need upgrading. Sometimes the value of the land won't permit you to build the same size house that is on there now. Like I said people are not looking today for 2,000 square foot houses on 112 acre lots. They want more square footage inside, less square footage outside. You will hear more about that. I heard comments at the informal session loud and clear. I've spoken with Mr. Matter and to the other applicants, and there are changes that we could make readily in the proffers that are before you today. We had said that all the homes constructed on the lots would comply with the minimum zoning setback requirements. In discussion on the northern most lot, we would proffer that the setback would be 75 feet from the street, and on the two southern lots we could proffer that the homes would be no closer than 65 feet to the front line. The proffers also say that the houses would be between 2,700 square feet and 4,500 square feet. We can say comfortably that the houses would be limited to 3,500 square, feet, which would make them more compatible in size to the neighborhood. In fact one of the houses that we would be removing has 3,036 square feet in it right now. The one house is not tremendously small. In any event, I would like to pass around these photographs that Mr. Matter has taken in fact constructed in the neighborhood. I see that my time is up, and I appreciate your attention. I'll be happy to answer any questions that you might have. Janice Anderson: Are there any questions? Jay? Item #14 Jessup Construction, L.L.c. Page 3 Jay Bernas: I love the map by the way because for me what kind of highlights my question is the area in yellow that you have designated as R-40. To me, when I think of yellow, I think of caution. Les Watson: I'm sorry. Jay Bernas: Caution. So, I am cautious about the fact that what's to say that if we approve this that all of this in yellow doesn't turn to orange? How do you address that? Les Watson: Well, some of that is in yellow already has brand new large houses built on it. A number of those houses already have homes built on them in the fairly recent past. In fact, where I think Mr. Dehart used to live the gentleman who developed a lot of the land around there lived. His house has now been divided into five lots. He was right on Rose Hall Road in a big expensive house that fronted there, as with each application stands on its own. Some of the lots that are large have typography that won't permit subdivision and building of two individual houses. And, some of them may be worthy of consideration. I mean, I understand that this is an established neighborhood. I don't know whether there is any opposition or not. Is there Mr. Horsley? Okay. I will make a comment after that but there is nothing that absolutely prevents you from considering other applications. This is the end of an effective point. We have twelve or thirteen houses on the street, depending how many of the flag lots front on this street. I couldn't figure out from the map fronted on the street and how many fronted on the street behind. Seven of them are already R -20. We have a letter of support of one of the other owners of the R-40 lots, and two of the applicants are owners ofthe R-40 lots themselves. I think you should have the opportunity to consider them because the practical matter is that in certain circumstances people get stuck in a position that they can't get out of, and the only opportunity to get out of it may be, because land values have gone up as they have, and the only opportunity to get out may be to consider a subdivision where subdivision is appropriate., That is too much to answer. I apologize. Janice Anderson: Joe? Joseph Strange: All the uncolored section on the left is that all R-40 too? Les Watson: This is on the plat of Tract Berkshire, which is on a lot of lakes back there. Most of that is R-40 yes. It varies but most of it is R-40. I mean the part in the middle that is uncolored is the lake. I followed the bank as best I could. Janice Anderson: Are there any other questions of Mr. Watson at this time? We will bring you back up. Thank you. Les Watson: Thank you. Donald Horsley: The next speaker in support is Foster Matter. Janice Anderson: Welcome sir. Please state your name. II Item #14 Jessup Construction, L.L.c. Page 4 Foster Matter: Foster Matter. I'm the developer for Jessup Construction. I really don't have a comment other than I think Les pretty much covered everything what we're trying to do. We feel, as the city said in the newspaper a while back, we going to feel like we're revitalizing the neighborhood. We're doing things and making them look a lot better then what's there. That's all that I got to say. Janice Anderson: Thank you sir. Donald Horsley: Lucinda Melone. Janice Anderson: Welcome ma'am. Please state your name. Lucinda Melone: Good afternoon. I'm Lucinda Melone. Because I know that your afternoon has gotten long, I have sat back there and written down my thoughts so we can cut right to the chase. I am the daughter of Lewellyn and Constance, who are owners of one of the two properties being talked about today on Trantwood A venue, I am here on my own accord and of concern for my parents, both of who are in their 80s. And because of serious falls in the past six months, which have resulted in memory loss, balance issues, and an over decline in their health, my parents are in the need of getting out of their home as soon as possible. Quite frankly, I'm concerned about every minute they're in this home. As it is evident that they are way beyond their ability and energy to maintain, and is way too large for their safety. Unfortunately, my parents have been unable to sell their home. They have had their home on the market for the past 18 months, with two different realtors. During these 18 months, the comments of the majority of the visitors at their open houses was while they thought the waterfront lot was gorgeous and the landscaping as well, the 1960' s sty Ie home, the layout of the home are not what people who are house hunting in that price range are looking for because it lacks so many amenities. My parent's house is not the house that people are looking to live in. My parent's lot is the lot that people are looking to live on. The two real estate agents who have listed this property have tried to paint a realistic picture for my mom and dad. My parents love the beauty oftheir property and would be thrilled if someone would buy their home, and enjoy it as much as they have for the past 15 years. However, they have had no other choice at this point than to pursue the offer of Mr. Foster Matter of Jessup Construction. And while we are very aware of the neighbor's concerns about the loss of privacy, Mr. Matter has assured us that every effort would be made to maintain the beauty of the lot that makes it so attractive and inviting. So, my presence here today is out of concern for my parent's health and their concerns, and the need to sell their property. And based on what today's waterfront property shoppers are looking for, this style of home is not it. We feel that selling their property to Mr. Matter is a win-win for all involved. Obviously it would enable my parents to sell their property but it also allows attractive homes to be built there allowing others to enjoy the beauty and setting that my parents have enjoyed for these past 15 years. And while it appears that the housing sizing and setbacks need adjustment by Mr. Matter in order to comply with your request, I know that he is willing and happy to do that. And please keep in mind that a beautiful home, modern home is built on the lot next to this property 15 years ago just before my parents moved in. It is definitely an enhancement to the neighborhood. So, I'm just requesting that you would give this serious consideration. Thank you so much. Item #14 Jessup Construction, L.L.c. Page 5 Janice Anderson: Thank you Ms. Melone. Donald Horsley: Okay. John Myers. Janice Anderson: Welcome. John Myers: Good afternoon. I'm the other homeowner. Janice Anderson: State your name again please? John Myers: I'm John Patrick Myers. I totally agree but I feel like this proposal will actually increase the visual appeal of the neighborhood and the street is definitely going to look a lot nicer in my opinion. I can definitely back up that these houses, mine in particular. You had a picture of it earlier. That was my house that was up there. The outside and you can't really tell but in the inside it has no appeal to a modern day home buyer. Just to give you an example, the master bathroom when I stand in it, I can't stretch my arms out without touching the wall on each side one way, the other way I can touch it with my finger tips. That is just one of many examples inside the house. It really doesn't appeal to a modern day family home buyer. We're looking to get that modern day type house ourselves. An opportunity has been granted basically to put houses that appeal to a modern buyer in this neighborhood and increase the value of property on that street and in that neighborhood. That is all that I have to say. Are there any questions? Janice Anderson: Are there any questions for Mr. Myers? Thank you sir. Donald Horsley: That is all that's in support. We got one in opposition. Jack Evalt. Janice Anderson: Welcome ma'am. Please state your name. Dahl Evalt: Thank you for the opportunity. My name is Dahl Evalt. My husband is Jack Eva1t. I signed both our names down. I'm the neighbor on the other side. My address is 1133 Trantwood Avenue. Janice Anderson: Can you use that little pointer and show us which side you are on? Dahl Evalt: I have glaucoma so I'm having difficulty seeing some small things. I believe this is my lot right here (pointing to PowerPoint). I bought this land. It was empty land over 15 years and I drained my life savings buying this dream property thinking that I would have nearly a two-acre lot to build a family. At that point after I bought, actually I bought it during the time I was pregnant with my first child looking for a saved spacious peaceful neighborhood. I thought I found it. And in fact, I did. For the past 1512 years, we have enjoyed this home tremendously. We have been through financial crises up and down and we hung on to this property. We would not sell because we feel that this is a rare gem that we can't find again in the City of Virginia Beach, and we love it here. The problem that we have is that if you take a look at the profile of the overall subdivision, maybe it is true that a lot ofthe other homes that are in the R-20 and mixing with R-40 and across the other way, there are some other zoning. However, this II Item #14 Jessup Construction, L.L.c. Page 6 particular issue here, we have to, I believe I would beg of you to focus on the closer look of the cul-de-sac. If you take a look at the profile ofthe cul-de-sac, I believe that Mr. Watson has referred to it that a portion of it is in the R-40, which is at the end of the cul-de-sac, the immediate people that would be impacted by this new development. What is happening is that right now there are four neighbors, four houses at the end of the cul-de-sac that are truly there but by knocking the two houses down and adding four in place of two, that would be doubling the size of the traffic ofthe home at the end of that cul-de-sac. In terms of the appearance ofthe neighborhood, it is nice peaceful, perhaps not modem, modem style that you see in today's new subdivision but it is not ugly. And it is not unattractive. It is just a very natural setting. The other side of the street from the subject property that they are trying to rezone, there are elderly people living there. They have been there longer than I have. And they prefer to have it that way as well. We have had many discussions about this. I'm all for it and I feel for it that if you can't sell your home like the neighbors next to me, I understand that they have been trying to sell the home for the past 1 Y7 and they couldn't because they couldn't command the price that they wanted. So the next obvious thing is to subdivide it, and get it sold. However, I don't believe that this should be the reason for us changing the zoning in this rare gem neighborhood at at least this street. On the other hand, I've seem Mr. Jessup's construction. The product that he built I cannot fault him in any way. I think it is gorgeous. I fell in love with many of his homes. However, there are so many other areas that he could go too but not here at the end of this cu1- de-sac because it is going to change everything. I built my home 15~ years ago obeying and abide by the law, by the rules of the City of Virginia Beach, respecting the zoning at R-40. I didn't ask to change. I didn't ask to subdivide at the time when I bought it I was a real estate agent and I could have done it but I didn't. I live with it and I accept it, and I wish that the newcomer would do the same. On top of it, this street on Trantwood it has an above ground power line. If you could imagine adding more houses on it, it is going to be more poles up there. The other reason would be that at the end of the cul-de-sac that way it is now, the layout of the lot, if I may. Look at that? It is almost like a pipe stem lot. The driveway of the neighbors right now is the existing driveway is power ground to my property. Many nights I have traffic coming into my driveway thinking they are coming to the neighbors because it is that narrow. If you look at the frontage, the exposure of the frontage of the property from this lot here to here and from here to here, it is not that wide. It is not a typical lot. And so we have so many other issues there already. And lastly, if! may? Janice Anderson: We are past your time so if you would just make these comments quickly. Dahl Evalt: Traffic coming out of Trantwood to Rose Hall, the way to get out of this subdivision would be coming out of Trantwood to Rose Hall, and get on Great Neck. Great Neck Road traffic is already horrible. There is no traffic light at Rose Hall and Great Neck. To get in and out is terrible. To add more homes to it, it would just not do the neighborhood any good in any way. Thank you very much. Janice Anderson: Thank you very much. Are there any questions for Ms. Evalt. Thank you ma'am. Donald Horsley: There are no other speakers. Item #14 Jessup Construction, L.L.C. Page 7 Janice Anderson: Mr. Watson. Les Watson: Yes ma'am. I understand the comments. I didn't catch the lady's name. Janice Anderson: Eva1t. Les Watson: Hers is the new house at the end of the street compared to the houses that we have. As I mentioned earlier, all four of these are going to be strictly conforming lots if the property is rezoned. They will all have at 100 foot of frontage. They will all have at least 20,000 square feet of area, and two of them will be much larger than that. In fact, the one that is adjacent to Ms. Evalt is going to be a little over % of an acre. So, there is very insubstantial increase at that end. We're not talking about adding ten houses on this street. We're talking about adding two houses, two houses and not adding an encroachment of another kind of devdopment. Certainly not. The total number of houses will be increased by two. We're not talking about an incompatible development. It abuts R-20 on two sides. The impact will be insignificant and we have talked to some of the people who live across the street, and who were referred too. We didn't want to get into a neighborhood dispute but they told us they supported the application but I can't do any more than represent to you that we spoke to them, and I realize in the nature of hearsay. We think it's a very insubstantial change to an existing street, and one that will make the street a lot better than it was when we started. Foster has an incredible history of respecting the people in the neighborhoods. He was involved in the building of my house 26 years where we still live and he and Dave McLaughlin, the guys who built my house swept the street before they went home everyday so the next door neighbors wouldn't be required to drive through dust. That are the kind of guys they are. There is going to be little or no disruption, and he is going to put a superb product that is better than what is there now, and the lots will strictly be conforming. Janice Anderson: Are there any questions for Mr. Watson on this? Okay. Go ahead and open it up for discussion. Jay? Jay Bernas: I hate to be so negative today. This is probably going to be the third one where I'm not going to be in favor of. But when I look at it, like I said, I like the map because to me the area in yellow really throws caution for me. You approve this it is open season. You look at all the other lots that you can come in and have conforming lots if you rezone it to R-20. This well established neighborhood is going to change again. So similar to my arguments on some of the other applications, here we go again with a change of zoning. That changes the character of an existing established neighborhood. I concur again with city staff recommendation. And for the most part, I like the pictures of the houses. They look great. I think, for me. You look across the street. There is a couple that look like they can be conforming lots that are R-20. This whole neighborhood could change. So, I'm not going to be favor of it. Janice Anderson: Thank you Jay. David Redmond: I'm kind of put off by Jay's negativity today too. I agree with him. In my view, I am sure these would be beautiful homes that this company would like to build, and the ones that we saw were built by this company were beautiful homes. Nonetheless, in my view, there are too little R-40 involved. And I am just uncomfortable carving any more of it. This is a II Item #14 Jessup Construction, L.L.c. Page 8 very special place, and I'm just uncomfortable carving any more up. They are wonderful lots as they are. They will still be pretty big lots. No, I don't think the sky would fall if this was to happen, but nonetheless these R-40 lots are something special. I think we ought to be in business of maintaining that which is special, so I'm uncomfortable supporting it. I'm going to oppose the application. Janice Anderson: Kathy? Kathy Katsias: I concur being the Lynnhaven representative. There are a lot ofR-40, R-20 lots in a lot of the areas in that vicinity. I live in Alanton. And a lot of the R-40 lots have been sold as R-40 because the houses, were of the 60s caliber, and these beautiful 3,000 or 4,000 square foot homes. I think if we start carving up these R-40 lots we're setting a precedent. I think the integrity the way the lots were developed originally should stay the way they are, and therefore, Will not be supporting the application. No, I am against the application. Janice Anderson: Thank you Kathy. Are there any other comments? Is there a motion? Go ahead AI. Al Henley: My heart goes out to the family whose elderly parents are in this situation but we have to look at it from a land use perspective. Hopefully, someone will come along, purchase this property, demolish the two homes, and build two homes that will accommodate today's society with the children and so forth. I can visualize, like the gentleman says the bathrooms are very, very small, but if they could just go in and someone would come in and purchase, it would help the existing family. It could replace about two larger homes. The property has great amenities, large mature trees on a beautiful view. Another thing I agree with the other Commissioners is that if we start carving these well established neighborhoods in these particular areas demolishing homes, pushing more homes close together, that is not what people like. People like space. And, I think that is one reason why Trantwood on these particular parcels are so happy with their lifestyle is because of that. For those reasons, I cannot support this application. Thank you. Janice Anderson: Thank you AI. Jay? Jay Bernas: I make a motion to deny the application. Ronald Ripley: Second. Janice Anderson: A motion to deny by Jay Bernas and a second by Ron Ripley. AYE 11 NAY 0 ABSO ABSENT 0 ANDERSON AYE BERNAS AYE CRABTREE AYE HENLEY AYE HORSLEY AYE Item #14 Jessup Construction, L.L.c. Page 9 KA TSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has denied the application of Jessup Construction, L.L.C. Janice Anderson: Thank you all for coming. Are there any further matters? Meeting is adjourned. II CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7545 DATE: November23,2009 FROM: Mark D. Stiles I~ B. Kay WilsoW' DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application; Jessup Construction, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 8,2009. I have reviewed the subject proffer agreement, dated August 14, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen / JESSUP CONSTRUCTION, LLC a Virginia limited liability company, JOHN PATRICK MYERS,-CONST ANCE A. MIX AND LEWELLYN S. MIX, TRUSTEES OF THE CONSTANCE A. MIX REVOCABLE TRUST TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, is made this 14th day of August, 2009, by and between JOHN PATRICK MYERS, ("Grantor"), party of the first part, CONSTANCE A. MIX AND LEWELLYN S. MIX, TRUSTEES OF THE CONSTANCE A. MIX REVOCABLE TRUST, ("Grantor") Parties of the second part, and JESSUP CONSTRUCTION, LLC, a Virginia limited liability company, ("Grantor"), party of the third part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, ("Grantee"), party of the fourth part. WITNESSETH: WHEREAS, the party of the first part is the owner of a parcel of real property located in the Lynnhaven District of the City of Virginia Beach, Virginia, containing approximately .97 acres of land, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the parties of the second part are the owners of real property located in the Lynnhaven District of the City of Virginia Beach, Virginia, more particularly described in Exhibit "B" attached hereto and incorporated herein by the reference; and WHEREAS, the two parcels of real property described respectively as Exhibits A and B are collectively referred to as the "Property"; and Prepared By: Wolcott Rivers Gates . fl .', ,', "".l, ",- Gpl'n # /. :. ".,J ~., ..t-. ;,~ ,,": :.' '. <; I' If . J iII.......... ~......, . . /,:1-- "'I.,;p.; .." :? r....." ,....4.-/" Page 1 of9 J . v .. l ~. .' II WHEREAS, the party of the third part, the contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to amend the Zoning Classification applicable to the Property from an R-40 Residential designation to a Conditional R-20 Residential designation; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Grantors' application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed modification to the R-20 Residential Designation applicable to the Property in addition to the regulations provided for the R-20 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property are to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which conditions have a reasonable relation to the rezoning and the need for which is generated by the rezoning. Page 2 of9 NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of th{~ Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development on the site consistent with the surrounding neighborhood all lots shall be at least 20,000 square feet in area and of the same basic configuration and dimensions as depicted on the Subdivision Plan prepared by Bonifant Land Surveys, dated April 30, 2009. 2. All building lots created upon the Property and shall be subject to that certain DECLARATION OF RESTRICTIONS of record, in the aforesaid Clerk's Office in Deed Book 578 at Page 73 dated February 27, 1954 but omitting any covenant or restriction based upon race, color, religion, sex, handicap, familial status or national origin. 3. All dwellings constructed on the lots created upon the Property shall adhere to a 50 foot front setback from a public street, a 15 foot side yard setback, contain a two-car garage, and consist of no less than TWO THOUSAND SEVEN HUNDRED (2,700) square feet of Page 3 of9 II conditioned space or more than FOUR THOUSAND FIVE HUNDRED (4500) square feet of conditioned space. 4. The exterior surfaces of all dwellings constructed on the lots created upon the Property shall be not less than 70% brick veneer. 5. To the maximum extent reasonable, Declarant shall preserve existing vegetation along the front and original side boundaries of the Property. 6. All covenants, restrictions, and conditions relating to the Property and currently in existence shall remain in full force and effect and remain unaltered by these proffered covenants, restrictions, and conditions. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantees as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an Page 4 of9 ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may bc~ appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. Page 5 of9 II WITNESS the following signatures and seals: Jessup Construction, LLC, a Virginia Limited Liability Co~pany 1 " , / .~ i' -/--. "7!J:-- By: ,7~~',.;:;~ ,y. "?-w- 'l4....... (SEAL) Title: Foster J. ~atter, Manager " Jl~~ John Patrick Myers, Grantor (SEAL) (SEAL) Constance A. Mix, Tru ee of the Constance A. Mix Revocable Tru t, Grantor (%, COMMONWEALTH OF VIRGINIA CITY OF /) 1)~.?f/~1{.>(j--133c('lc-1:G , to-wit: I, the undersigned, a Notary Public in and for my City and State aforesaid, do hereby certify that Foster J. Matter, Manager of Jessup Construction, LLC a Virginia Limited Liability Company, whose name is signed to the foregoing instrument, has acknowledged the same before me this -Li: day of August, 2009, who is personally know to me or has produced a Drivers License or some other proper form of identification. - .~--. =-- '~, ( r cf>(. Notary Public " _14'r-~rA' / " ~. , r'~ ,'_,...--^ My Commission Expires: ~-. ,if _~'::",~, . .,> \\\\\llIIlIllIlblt"" #~\~ \~ J. ~ ~~ ROSALIE J MOST #~~~";EN'W'..9.~A .' ER ~ 0 .~\l "-f' ~ j; ~lC [8 <:~, ~'% Notary Public ~ \ OF j i Commonwealth of VirginiCj '\ "k......':!P,Glll\~,.l() J My Commission Expires ,'?, '.~ . " '~~;;Y"p~~~~ Commission 10# 191889 "III/"IIl1\l1\\\~ Page 6 of9 COMMONWEALTH OF VlRGINIA CITY OF 'I}' """r"" ,,'.t --~/-','//;" 1./ to WI't. _/',.~,,<~A~--' /,<._ -(\..____ ":-".~",,/t:>:,t ""'~11... - . I, the undersigned, a Notary Public in and for my City and State aforesaid, do hereby certify that John Patrick Myers whose name is signed to the foregoing instrument acknowledged the same before me this _ day of August, 2009, who is personally know to me or has produced a Drivers License or some other proper form of identification. (-J?c/J t~i' rl):'(<'~<t;-J'" ., ':, -I'''---:"{",,,/ C _.' _~- ',! - , Y~Jll .., Not~ipublic ~\\\\l\\I\\IllIl/II/"III~ # ~\E J. 410 ~4 ROSALIE J MOS lO~~~-s.ON'W'i"',~{:\ . TER ~~ 18 1-...\ 13 ~ Notary Public = I O~ 1: .. ~ \ j g Commonwealth of Virg~iP... . i \;z,~",~~~~~;;,""~/My Commission Explre$~3:); ~lt:~y p\,)~~~ Commission 10# 191689 1//""1111""'- My Commission Expires: ",;;:/5"/<" OJ COMMONWEALTH OF VIRGINIA CITY OF ~;njo.... ~tl(h , to-wit: I, the undersigned, a Notary Public in and for my City and State aforesaid, do hereby certify that Constance A Mix, Trustee of the Constance A. Mix Revocable Trust whose name is signed to the foregoing instrument acknowledged the same before me this '7"" day of August, 2009, who is personally know to me or has produced a Drivers License or some other proper form of identification. COMMONWEALTH OF VIRGINIA CITY OF ~; n,'a.. BeaLh, to-wit: A d ~L 4' ~~PUbliC My Commission Expires: 6 '0 '0" a-o 10 Page 7 of9 My Commission Expires: 63 / ;. ,I (PI () II Exhibit "A" All that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 24 as shown on that certain Plat entitled, "Section 2, TRANTWOOD SHORES", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 46, at page 46. Page 8 of9 Exhibit "B" All that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 25A as shown on that certain Plat entitled, "Subdivision of Lots 25 and 26, Section Two, TRANTWOOD SHORES", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 69, at page 51. L:\V ABEACH\LR W\Iessup Coustruction, LLC\Subdivision-Rose HaII\Proffer - 073 \ 09 .doc Page 9 of9 II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Ordinance adopting the Comprehensive Plan of the City of Virginia Beach. MEETING DATE: December 8,2009 . Background: The Comprehensive Plan, required by state law and adopted by City Council, is the official land use planning guide for Virginia Beach and is used to help channel growth, protect neighborhoods, improve our economy, help manage our limited resources and, ultimately, advance the overall quality of life for citizens. The City Council was provided a copy of the referenced plan under separate cover. . Considerations: During the autumn of 2008, 12 public open houses were held throughout the city to learn what planning issues and goals were most important on the minds of citizens. Meetings were also held with a wide range of stakeholder groups to gather information of interest to them. After carefully considering all comments, a final draft of the Comprehensive Plan was produced. This Plan includes a: . Policy Document that embodies the key planning recommendations affecting land use, neighborhood preservation, transportation systems, natural resources and economic vitality, among other topics. . Technical Report that includes a wealth of data and information on a wide range of planning elements. . Reference Handbook, a new change from previous Comprehensive Plans, that includes information on community design, a list of other plans and studies adopted as part of the comprehensive plan by reference and an Agenda for Future Action to be used to help advance certain policies of the Comp Plan. . Princess Anne Corridor Study that has been amended and updated to reflect current realities in this area. CITY OF VIRGINIA BEACH - COMPREHENSIVE PLAN Page 2 of 2 Three informal public information meetings were held during this past October to provide opportunities for citizens to review content of the Plan, discuss planning matters with City staff, and learn about the process for final adoption. Comments received during and since those meetings were provided to the Planning Commission, and subsequently, many were incorporated into the version of the Comprehensive Plan that the Planning Commission is recommending for adoption. . Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends adoption of the Comprehensive Plan, including Exhibit 1A, which is attached. Additional clarifying changes, recommended by staff for adoption, are included in Exhibit 18, which is attached. . Attachments: Ordinance of Adoption Resolution from Planning Commission Exhibits 1A and 1 B Planning Commission Minutes Recommended Action: Planning Commission recommends ~pp~ Submitting DepartmentJAgency: Planning Department 11 f/ CltYManage~ k , ~~ ~ II 1 AN ORDINANCE ADOPTING THE COMPREHENSIVE 2 PLAN OF THE CITY OF VIRGINIA BEACH 3 4 WHEREAS, the purpose of the Comprehensive Plan is to guide and accomplish 5 the coordinated, adjusted and harmonious development of the City which will, in 6 accordance with present and probable future needs and resources, best promote the 7 health, safety, morals, order, convenience, prosperity and general welfare of the City 8 and its citizens; 9 10 WHEREAS, the Planning Commission, in concert with the Department of 11 Planning, conducted numerous work sessions and an extensive outreach program in 12 order to determine the needs and desires of the general public and business, 13 environmental, military, agricultural, cultural and other groups; 14 15 WHEREAS, on November 12, 2009, the Planning Commission approved, 16 recommended and certified to the City Council a Comprehensive Plan superseding the 17 previous Comprehensive Plan adopted by the City Council on December 2, 2003, and 18 thereafter amended, in accordance with the requirements of Article 3 of Chapter 22 of 19 Title 15.2 of the Code of Virginia; 20 21 WHEREAS, the City Council has thoroughly studied the Comprehensive Plan 22 approved, recommended and certified to it by the Planning Commission, and has 23 actively and affirmatively sought and obtained the views of the citizens of the City; 24 25 WHEREAS, the City Council hereby certifies that the provisions of the 26 Comprehensive Plan accommodate growth in a manner consistent with the provisions 27 of Virginia Code Section 15.2-2223.1; and 28 29 WHEREAS, the City Council has held a public hearing on the proposed 30 Comprehensive Plan, after having given due notice thereof pursuant to Section 15.2- 31 2204 of the Code of Virginia, as amended. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That it hereby adopts, as the Comprehensive Plan of the City of Virginia Beach, 37 that certain document entitled "Comprehensive Plan, City of Virginia Beach," dated 38 October 1, 2009 with Exhibits 1-A and 1-B, which Comprehensive Plan was presented 39 to the City Council this day. 40 41 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 That it hereby also adopts, as an integral part of the Comprehensive Plan, the 45 Comprehensive Land Use Plan Map and Master Transportation Plan Map 46 accompanying the aforesaid Comprehensive Plan. 47 48 49 of Adopted by the Council of the City of Virginia Beach, Virginia on this ,2009. day APPROVED AS TO CONTENT: ~ Planning APPROVED AS TO LEGAL SUFFICIENCY: fJJt!t~ /}! !/fu4/ City Attorney's Office CA11289 R-4 October 28, 2009 II A RESOLUTION OF THE PLANNING COMMISSION APPROVING THE COMPREHENSIVE PLAN OF THE CITY OF VIRGINIA BEACH AND RECOMMENDING AND CERTIFYING THE PLAN TO THE CITY COUNCIL WHEREAS, the Planning Commission of the City of Virginia Beach recognizes its responsibility to prepare and recommend a Comprehensive Plan for the purpose of guiding and accomplishing a coordinated, adjusted and harmonious physical growth and development of the community which will, in accordance with present and probable future needs and resources, best promote the welfare of the City and its citizens; and WHEREAS, the Comprehensive Plan is an important policy document for use in advancing the City's strategic objectives, including quality physical environment, economic vitality, safe communities, quality education for lifelong learning, quality cultural and recreational opportunities and strong families; and WHEREAS, the Planning Commission, in concert with the Department of Planning, has conducted numerous work sessions and an extensive public outreach program and numerous special presentations to business, environmental, military, agricultural, cultural and other groups; and WHEREAS, information received from these outreach efforts has been incorporated into the recommended Comprehensive Plan in order to define a shared vision for the future of the City of Virginia Beach; and WHEREAS, in the preparation of the Comprehensive Plan, the Planning Commission has surveyed and studied all of the matters required to be surveyed and studied pursuant to Section 15.2-2224 of the Code of Virginia; and WHEREAS, after giving public notice pursuant to Section 15.2-2204 of the Code of Virginia, the Planning Commission has conducted a public hearing on the proposed Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission hereby approves the Comprehensive Plan, dated , and recommends and certifies such Comprehensive Plan to the City Council. Adopted this day of the City of Virginia Beach, Virginia. , 2009, by the Planning Commission of 4CH1 ~ L-y-----, ~air ATTEST: D~J[) (. (J ~ Secretary APPROVED AS TO CONTENT: APPROVED AS TO lEGAL SUFFICIENCY: , {) dlJPf-lif /11 6ty Attorney's Office II Exhibit lA Comprehensive Plan Update Planning Commission Recommendation to City Council November 12, 2009 The Planning Commission recommended approval of the Comprehensive Plan Final Draft dated October 1, 2009 subject to the following revisions cited in. Unless otherwise noted, underlined words are added text and strikeout words are deleted text. Policy Document Revisions Revise all Comprehensive Plan references regarding Owl Creek and Virginia Aquarium and/ or Marine Science Museum to reflect correct wording of Owl's Creek and Virginia Aquarium & Marine Science Center, respectively. Rename all Comprehensive Plan references regarding SGA 2 from 'Westview' to I Centerville / Regent' . Pages 2-3 and 6-14: The bus pictures will be replaced with photos from local transit routes. Page 2-22: Revise last sentence to read: Virginia Department of Transportation, VDOT, has allocated 2009 federal stimulus funding (ARRA) for a project to provide -tfte access to and from the west at 1-264 and Great Neck/London Bridge Roads. Page 2-23: Revise 1 st bullet to read: Following the construction of the access ramps at Great Neck/London Bridge Road~... Pages 3-8 and 3-9: SHORE DRIVE CORRIDOR . The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors, creating unique and sometimes problematic challenges. The area is considered a resort 1 neighborhood and not a resort destination. This means that the Shore Drive Corridor: 1. while the most densely populated area of the city, is primarily a neighborhood residential area; 2. comprises commercial uses to support the neighborhoods; 3. has to accommodate Shore Drive, a primary circulation corridor for the city; 4. affords more passive recreational and tourism amenities; . The Bayfront Advisory Committee (originally established as the Shore Drive Advisory Committee) was established by City Council in 1998 to guide and provide guidance for matters relating to planning, community design and public information. More information is provided in the 1997 Bayfront study conducted by the Urban Land Institute. These are supported by a set of Shore Drive Corridor Design Guidelines that provide the form and function of land use in this area. Both of these documents are available in the Document Library at www.ourfuturevb.com. · THE PLANNING POLICIES THAT APPLY TO THE ENTIRE SHORE DRIVE CORRIDOR AND BA YFRONT COMMUNITIES ARE: · complete remaining roadway improvements (all identified Phases) along Shore Drive to enhance the safety, access and character of the Corridor; · replace the aging Lesner Bridge with a new" signature bridge"; · retain Shore Drive as a four-lane road for as long as is practical, but protect the necessary right-of-way for an expansion to a six-lane facility, if necessary; · preserve and protect the character of the established neighborhoods; · improve land use compatibilities and avoid over commercialization to insure that resort-based uses compliment rather than dominate this corridor; · encourage reuse/ revitalization of existing commercial properties; · achieve the lowest reasonable density for future residential uses; · develop residential Design Guidelines for the corridor and its established neighborhoods, to complement the existing commercial property guidelines; · enhance the use of incentive zoning and overlay districts to include commercial properties, to manage future growth and promote corridor beautification; · improve public parking and public access to the beachfronts; · provide safe and appropriate pedestrian and bicycle circulation; · provide a continuous multipurpose trail through this corridor; · provide continued support for the cleaning of the Chesapeake Bay, Lynnhaven dredging and oyster restoration efforts. 2 II The following sections provide further planning guidance for the three sub-areas in the Shore Drive Corridor and Bayfront Communities: RECOMMENDATIONS FOR PLEASURE HOUSE POINT - IF THE PROPERTY IS DEVELOPED THE FOLLOWING SHOULD APPLY: SFA 1.1- PLEASURE HOUSE POINT . Support a well planned and well design project that could include residential, retail, office, institutional, environmental research, or educational components, or other public uses that complement the sensitive site. . Include a significant open space component in any potential use, including publicly accessible waterfront open space and multipurpose trails, while adhering to all environmental regulations and minimizing social and environmental impacts. . SFA 1.2 - LYNNHAVEN BOAT AND BEACH FACILITY Continue as a public waterway access for motorized and non-motorized watercraft; Add appropriately scaled public park and recreational facilities; Provide linkage to Shore Drive trail system and Chesapeake Bay beaches. . . . SFA 1.3 - WATERMAN'S WALK Coordinate with property owners to create a thematic waterfront concourse overlooking the Lynnhaven Inlet; Create a special place for people to shop, work, live, and enjoy the exceptional waterfront amenities; Consider establishing a public-private partnership to achieve this vision; Integrate a variety of appropriately scaled mixed uses including marinas, restaurants, residential units, specialty retail shops and offices. . . . Page 3-15: Add the following sentence to the 1st paragraph of the Site-Specific Policies: This corridor is part of the city's Access Controlled Road network, as identified on page 6-8. 3 Page 3-17 revise sections of to read: · SGA 4.5 Virginia Aquarium aflti & Marine Science Center Originally opened in 1986, the 89 acre Virginia Aquarium and Marine Science Center completed a $25 million galleries exhibit renovation in 2009. The Virginia Aquarium is an economic driver as well as a cultural and educational, research focused attraction for the City. It is a top aquarium in the country and the highest attended facility of its kind in the state. It is one of the best aquariums and live animal habitats in the country. It includes: · 800,000 gallons of aquariums · 12,000 live animals representing 700 species · 360 interactive exhibits and two touch pools · Hundreds of hand on exhibits . A six story IMAX@ theater · An outdoor aviary, a nature trail and marshlands marshwalk Page 3-17: revise recommendation for the Virginia Aquarium to read: · Consider co locating 'with the 'Sea School', a ' Marine Science Research Center' in affiliation with local universities and state agencies to offer research opportunities . Create ~ 'Marine Animal Care Center' to be located either on a portion of the Camp Pendleton site or in the vicinity of the Virginia Aquarium to support animal quarantine, outreach educational programs, Marine Animal Stranding Response program and environmental research. Page 3-26: Rename Suburban Focus Areas 9 (East Oceana), 10 (West Oceana) and 11 (South Oceana) to Special Economic Growth Areas I, 2 and 3, respectively, and add the following language to the recommendations for each area, as cited on pages 3-28, 3-30 and 3-32: This is viewed as a special area with significant economic value and growth potential. The City supports development and redevelopment of this area consistent with AICUZ provisions and the City's economic growth strategy. Page 3-32: Revise the 3rd bullet and add a new bullet that read: · Accesses to Dam Neck, London Bridge and Holland Roads should be kept to a minimum. · Direct private access to Dam Neck Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the city's Access Controlled road network, identified on page 6-8. 4 II Page 4-4: Revise sixth bullet in first column to read: . A master plan for tffis the Princess Anne Commons area should be prepared with effective community involvement to provide planning policy guidance in the areas of land use, transportation, environmental stewardship, infrastructure, public service delivery, economic vitality, AICUZ compatibility, housing and community design. Page 4-5: Revise fifth bullet in the second column to read; . Any redevelopment of the city owned property on the north corner of Princess Anne Road and Dam Neck Road should advance the City's goal of achieving the academic and medical villages.:. as the farmer's Market is eventually relocated. Should the city decide to redevelop the existing Farmers Market site, careful consideration must be part of the decision making process to determine the type, size and location(s) of similar 'farm-to-market' and affiliated activities, thereby ensuring optimal economic benefit for farmers and others participants. Page 4-5: Add a new bullet that reads: . Direct private access to Princess Anne Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the city's Access Controlled road network, identified on page 6-8. Page 4-7: Revise third bullet, first column to read: . The core area of South Central Princess Anne Commons offers opportunities to... Page 4-8: Revise last bullet to read: . The use, intensity and design of infill development along North Landing Road should reflect the existing character of the existing stable residential properties that define this area Princess Anne Historic and Cultural District. Page 4-9: Add a new bullet that reads: . Direct private access to Princess Anne Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the city's Access Controlled road network, identified on page 6-8. Page 4-12: Add a new bullet that reads: . Direct private access to Nimmo Parkway or Princess Anne Road will not be permitted except when the property in question has no other reasonable access to the circulation system as it is part of the city's Access Controlled road network, identified on page 6-8. 5 Page 5-2: Add new language in last paragraph following the first sentence to read: · The presence and growth of equestrian related uses complement to the rural way of life and contribute to the diversity and economic health of the city. Page 5-6, third bullet in right column under 'Interim Planning Guidelines for Pungo': Public water and sewer is recommended to serve the area north of Princess Anne Indian River Road with an alternative centralized sewer system, such as Puraflo+M, serving the area south of this road. Page 5-6, under the heading General Land Use Recommendations for Pungo: Development proposals that affect properties in the Pungo Area prior to adoption of the implementation plan should adhere to consider the following general land use recommendations, as presented in the Urban Land Institute's Pungo study, for each quadrant located around the Princess Anne and Indian River Road intersection~ .;- A fiscal feasibility assessment must be conducted prior to programming any public facilities within this study area. Page 5-6: Revise the 7th bullet to read: Improve traffic signalization and optimize dedicated turn lights and associated left turn lanes. . . Page 6-1: Add a bullet that reads: Decreased roadway construction funding Page 6-3 under the heading, 'How the Primary Roadway Network Plan Map Works': Revise first sentence in second column to read: 'More detailed information, including centerline locations, right-of-way widths, and the specific cross sections will be developed and maintained by the Public Works Department as planned projects advance through the public input and design I process. Page 6-4: . In the Minor Collectors writeup, replace "Sidev.Talks each side'" with "Shared use path and sidewalk*" . . In the Rural Collector writeup, revise the 2nd bullet as follows: "On street bike bnes/ Paved Shoulder". · The Typical Section graphic for Parkways should show a shared use path on one side and should show a swale drainage with no curbs. · The note and title under the Major Collector graphic should read as follows: Typical Section: Major and Minor Collector (Note: :Minor collector has sidewalks on both sides) 6 II Page 6-5: For both the 4 lane and 2 lane descriptions, delete the 1 st bullet to read: . Up to 4 lanes ISO' RO'N . Yp-te 2 lanes lIS' RO'N Page 6-6: . 2nd paragraph, Change the 2nd sentence to read: Ideally, direct access to businesses and residences on these corridors would be prohibited and limited to access from side roads. Private direct access is not permitted on these corridors except when the property in question has no other reasonable access to the circulation system. . 5th bullet: Lynnhaven Parkway from 1-264 to South Lynnhaven Road . 6th bullet: Dam Neck Road from Holland Rosemont Road to General Booth Boulevard . Add another bullet that reads: South Independence Boulevard from Holland Road to Lynnhaven Parkway Page 6-6, 'Policies and Action Items: Primary Roadway Network' to add: · Develop an effective hurricane evacuation plan for Virginia Beach coordinated with other impacted Hampton Roads cities. Page 6-7: Primary Roadway Network Plan Map . Change Map label to read "Primary Roadway Network Plan Map" . Add a note in the legend for Parkways that reads: "Ultimate ROW identified on " map . Add a note in the legend that states the dashed line means future roadway . Add Aragona Boulevard and Edinburgh Road to the map as minor collectors . Change Bonney Road, Old Donation Parkway, Corporate Landing, and Buckner Boulevard from Rosemont to London Bridge to major collectors . Change Witchduck from 1-264 to Virginia Beach Boulevard to a major arterial . Add the existing Indian River Road as a minor collector . Change the pink portion of Sandbridge Road to a minor arterial. Add a note that refers to the public works manual for this road's cross section. . Make the Southeastern Parkway a dotted line . Remove the road colors from the Oceanfront Transportation Planning Areas since the "typical" sections do not apply. These roads will be dark grey lines. . Change the colors of one of the parkways in the Princess Anne Commons area to clearly differentiate between 2 and 4 lane sections. . Add labels to the West Neck Parkway and Pleasure House Road. . Delete all legend references to maximum footage of right of way widths . Change the classification of Great Neck Road between First Colonial Road and Virginia Beach Boulevard from a Major Arterial to a Mid Arterial. 7 (Note: Some additional changes to roadway classifications may be made prior to City Council adoption based on the creation of the 'Designated Major Street Network Rights of Way' document as noted on page 12 of this exhibit.) Page 6-9: 3rd bullet: 1-264 & Lynnhaven Parkway and Great Neck/London Bridge ramps (Under Design and funded for construction). Page 6-10: Last bullet: Continue the requirement of transportation modeling... Page 6-11: Revise first bullet: · Require traffic impact studies for any development proposal that yield a net increase of lOO 150 trips or more during the a.m. or p.m. peak hour. Revise second bullet: . Evaluate funding option for the infrastructure needs created by new developments, including the possible use of impact fees. Add new bullet to read: . Outline criteria to be used to develop and prioritize an approach for upgrading the existing transportation system in conjunction with aging infrastructure maintenance needs, where needed, and to support redevelopment activity requirements, including those identified in Strategic Growth Area Plans. Add new bullet in list: . Street classifications, general alignments and street network as identified in previous and subsequent Strategic Growth Area Implementation Plans are adopted by reference as part of this Master Transportation Plan and subsequent amendments. Page 6-12: Revise second paragraph, second sentence to read: By reducing the demand increasing roadway capacity through relatively inexpensive technological improvements... Page 6-18: The cross section label should read "Sidewalk or shared use path". Page 6-17: Replace picture of bicyclist using rural road Page 6-20: 1st bullet in 2nd column: Continue to support improvements to 1-264, including interchange improvements at Newtown Road, Witchduck Road, Independence Boulevard, Rosemont Road, Lynnhaven Parkway, Great Neck/London Bridge Road~ 8 II Page 7-4: First column, first bullet revise to read: . Meet or exceed Address applicable federal or state regulatory requirements, meet or revisit applicable City regulatory requirements in light of meeting City policy objectives, and provide for periodic compliance review of City operations and facilities. Second column, second bullet revise to read: . Meet and/ or exceed Address requirements of the Chesapeake Bay 2000 (C2K) Agreement (as referenced in the document library at www.ourfuturevb.com). and those which are currently being developed at the federal and state level in light of pending regulatory and legislative actions. Second column, fourth bullet revise to read: . Working with all stakeholders, identify issues to be addressed and develop a strategy for the formulation of a Watershed Management Plan and a Water Use Conflict Memorandum of Agreement for the Back Bay, Elizabeth River, Lynnhaven River, and Rudee Inlet/ Owl~ Creek watersheds. Page 7-5: First column, first bullet revise to read: . Demonstrate that the provisions of the federal Clean Water Act are met addressed as they apply to achieving total maximum daily load (TMDL) requirements. First column, third primary bullet, sixth subbullet revise to read: . Implement the Southern Watersheds Area Management Plan's Multiple Benefits Conservation Plan and the North Landing River Water Use Conflict Memorandum of Agreement and Back Bay "N atcr Usc Conflict Agreement (As referenced in the document library at www.ourfuturevb.com). Second Column, second bullet revised to read: . Enhance stormwater management by exploring alternatives to conventional stormwater management facilities (SWMFs), such as Low Impact Development (LID) approaches that are applicable to the coastal plain. Second Column, add a new bullet to read: . Outline criteria to be used to develop and prioritize an approach for upgrading the existing stormwater system where practicable for water quality improvements, in conjunction with aging infrastructure maintenance needs and redevelopment activity requirements in Strategic Growth Areas (SGAs). 9 Page 7-18 Where physically and economically feasible, take reasonable steps to provided access to underground mineral resources such as sand, gravel and aggregate, when reviewing development and redevelopment applications. Page 8-1 Replace language under the heading 'Vision for Housing and Neighborhoods' to read: Virginia Beach Vlill be a City without blight. .^...ll our citizens vdll have diyerse choices and the opportunity to liTle in vital, safe and attractiye neighborhoods that proYide a high quality of life and help our citizens achieve their goals. Virginia Beach will be a City with vibrant, well-maintained neighborhoods where all residents have the opportunity to obtain desirable, safe and affordable housing and enjoy a high quality of life. Pages 8-1 through 8-10 Revise the format of 'Chapter 8 - Housing and Neighborhood Plan' to reflect the general style used in other chapters. Retain all recommended policies. Technical Report Revisions Revise all Technical Report references to Owl Creek, Virginia Aquarium and Contemporary Art Center of Virginia to reflect correct wording of Owl's Creek and Virginia Aquarium & Marine Science Center, respectively. Page 70 - Remove 3rd bullet "lack of a clear hier:lfchy of roads by function" Page 70 -Remove the last sentence of the 1st paragraph under Increased Peak and Off- Peak Trips section It is not rare for Virginia Beach's mid day travel (noon to 3pm) to riT/al morning congestion levels. Page 71 - 3rd paragraph Although interstates and other freeways constituted only 5% of the total roadway lane mileage in Hampton Roads in 2007, they carry 35 % of the area's daily traffic. In 2001, a study was initiated to investigate possible improvements to 1-264 and its interchanges with 1-64, Newtown Rd., Witchduck Rd., Independence Boulevard, Rosemont Rd., and Lynnhaven Pkwy.fGreat Neck Rd. Recent reductions in transportation funding will delay efforts to make some improvements to the 1-64/1-264 interchange and to improve the I 261/Lynnhaven Parkway interchange by adding exit/entrance ramps at Creat Neck/London Bridge. 10 II Page 134 - delete first paragraph The grain crops, the high ~yTalue or specialty crops, and livestock (including horses) make up the bulk of the agribusiness economy in the City of Virginia Beach. L^..pproximately 24. ~~ of 0.11 the agribusiness income is generated by grain, 11 % from the high ~lalue crops such as fruits and vegetables, and 56~~ from the livestock industry and related e)(penses. Other products contribute to the remaining 9%. Under table entitled 'Estimated Value of Fruits, Vegetables, Crops and Livestock' , add an asterisk next to item' All Livestock' with a footnote to read: * This includes $14,010,000 of Horse-related expenses that are combined with $2,936,455 of income from other livestock sold. Pages 146 and 203 Delete the term "Short Term" from the Planned Improvements section. Pages 146, 163, 183,203,221,242,260,276, and 294 . Change the Capital Improvement Program reference to CIP FY 2009-2010 (w / FY 2010 update). . Change title on tables, last column, and Source to the year 2030. Change 2000 Daily trips to 2003 Daily Trips. Update all tables with current data as stated in the Hampton Roads 2030 Long-Range Transportation Plan (December 2007). Page 146, Add Northampton Blvd from Independence to Shore Drive. 2003 volume 29000. 2030 volume 37000. Page 146, 2nd bullet: Shore Driye Demonstration Project Phases II & III (CIP# 2 200) the project provides a preliminary engineering study for Shore Dr. improvements from South Oliver Dr. to Treasure Island Dr. and from Vista Circle to Croix Dr. Shore Drive Interim Improvements Project (CIP 2-731), Shore Drive Phase II (eIP 2-116), Shore Drive Phase III (eIP 2-117), and Shore Drive Phase IV (CIP 2-118). These projects will provide safety improvements, including pedestrian multi use paths along Shore Drive as well as improvements to several intersections and other safety improvements recommended by the Shore Drive Safety Task Force. Page 163, Under Planned Improvements at the end of the first paragraph, add the following sentence. "This project includes the construction of a new fly over at Greenwich Road." Page 163, add a note at the end of the 2nd bullet (Diamond Springs) that states "Project to be completed in Spring 2010." 11 Page 183 · 1st bullet: Princess Anne Road, Phase IV (Ferrell Phase II) (CIP#2-305) · 2nd bullet: This project will provide a 4 lane divided road with bikeway a shared- use path from Holland Road to General Booth Boulevard · 6th bullet: West Neck Road Interim Safety Improvements (Transition Area Netv:ork) (CIP#2-502) - This project Tsill pro':ide a 4. lane divided road from North Landing Rd. to Signature Dr. and a reconstructed 2 lane road from Signature Dr. to Indian River Rd.; This project will construct three safety improvement projects including intersection improvements at Indian River Road and West Neck Road, the elimination of some roadside ditches and drainage improvements between North Landing Road and Signature Drive, and minor curve realignments between Signature Drive and Indian River Road. Page 221 1 st and 3rd bullets, add a note stating "Project to be completed in Spring 2010" Page 243, remove 3rd bullet as it is completed: Lynnhaven Parkway/Volvo Parkway (CIP#2 257) This project v.Till proT:ide a '1 lane dhided road from Centerville Turnpike connecting to V 01':0 Parkway at the Chesapeake city line; Page 276, 2nd bullet: Laskin Road Gateway, Phase IA. This project ,,,Till provide construction of h':o three lane roads, from f..tlantic AT/enue to a point west of Holly Road, along the alignments of 30tll Street and Laskin Road, including streetscape enhancements and a bikeway; This project will initially provide streetscape and other improvements in support of Economic Vitality along Laskin Road in the area between the split at 30th Street and Pacifie A venue. Subsequent phases will provide related improvements along 32nd Street with a tie of 32nd Street to 315t Street. Page 294, 1st bullet: Rural Road Improvements (CIP# 2-021) -This project will improve safety, geometries, or other upgrades to rural roads, including: Hungarian Road, Mill Landing Road, Princess Anne Road/Gum Bridge Road intersection and Princess Anne Road/Pleasant Ridge Road intersection, and Nanneys Creek Road. 12 II Reference Handbook Revisions Page A-6: Under 'General Community Appearance Guidelines under 'Fences along Roadways' : City ordinances require allow fences but many have deteriorated leaving a less than desirable view from the road. Page C-6: Under 'Workforce Housing': . Revise website reference to read: www.vbgov.com/housing . Replace the text of the first sentence under item #1 to read: Proposals for Workforce Housing (WFH) Developments should comply with the Comprehensive Plan, applicable Design Guidelines, and related ordinances that are applicable thereto. . Replace the picture of workforce housing Page 2-2 Revise composite SGA map to reflect boundary adjustments to SGA 1 and 2. Page 2-7 Adjust the 'Burton Station SGA I' map to align with the map presented in the Burton Station Plan Page 2-9 Adjust the 'Westview SGA 2' map to remove city owned property used for municipal landfill purposes. Page D-24 (revise to read page D-l) Add to ' Adopted by Reference' list: . Pembroke Strategic Growth Area 4 Implementation Plan . Designated Major Street Network Rights of Way (Note: The 'Designated Major Street Network Rights of Way' document will include specific information concerning roadways including right of way widths, links to corresponding Public Works street cross-sections, roadway classifications and constraint designations. The 'Roadway Network Map' will be revised at the same time to reflect the content of this new document.) .V4 13 Exhibit lB Comprehensive Plan Update Further Suggested Revisions for City Council Consideration November 30, 2009 Unless otherwise noted, underlined words are added text and strikeout words are deleted text. Policy Document Revisions Page 1-3 and 1-4 - beginning with the third paragraph in second column, revise following text to read: The principle of change and necessary amendment is demonstrated well by the 2003 Comprehensive Plan. That Plan encountered one of the most significant forces of change ever thrust upon the city of Virginia Beach - tRe a decision of the federal Base Realignment and Closure (BRAC) Commission (BRAC). On August 24,2005, the BK^..C Commission voted to maintain the United States Navy's East Coast Master Jet Base at Naval Air Station (NAS) Oceana only, if among other things, by the end of March 2006, the cities of Virginia Beach and Chesapeake and the eCommonwealth of Virginia passed enacted certain legislation and had programs in place to appropriate money to stop and roll back encroachment and reverse by incompatible development within the base's highest Accident Potential Zone (APZ-l) by the end of March 2006. Concurrent vdth Prior to the BRAC Commission's decision, the Department of Defense had released a revised:iefHe its tReH: list of land uses that are compatible te with the l..ir Installations Compatible Use Zones (AICUZ) around military operations arising out of NAS Oceana air bases. This change required modifications to the land use recommendations of the Comprehensive Plan as well as to the uses permitted by the Zoning Ordinance within the Air Installations Compatible Use Zones (AICUZ), as uses that were previously deemed conditionally compatible/- in such areas, such as residential uses, were nDW-fl:et longer considered compatible. In response to the BRAC Commission's decision, City Council adopted a Plan for Compliance compliance plan on December 20, 2005. Th~ at compliance plan included eighteen (18) ordinance~ amendments, two property acquisition plans (for property in Accident Potential Zone 1 and the Interfacility Traffic Area), and extensive amendments to the Comprehensive Plan. In addition, in February 2007, the city and the Navy 1 II entered into a Memorandum of Understanding (MOU), pursuant to which city and Navy representatives jointly review discretionary development applications for uses affected by AICUZ regulations at an early stage of the application process. As a result, the City Council is provided with a valuable tool to determine whether a particular application meets the requirements of those regulations. City Council's The plan for compliance also demonstrated foregoing measures are a clear reflection of the city's commitment to safeguard the future of tlnH NAS Oceana as the Navy's East Coast Master Jet Base is a "ital component of Virginia Beach. On October 1, 2009, the Navy's Little Creek Naval Amphibious Base and the Army's Fort Story merged to become a single entity, with a unified command and a new name: Joint Expeditionary Base Little Creek-Fort Story. The newly merged base will be the biggest employer in Virginia Beach, with 17,211 personnel and an estimated payroll of $850 million a year. It will be the primary East Coast base supporting overseas contingency operations. By 2012, the Joint Expeditionary Base is expected to have more than 18,000 personnel. The relationship between the city and the military continues to be one of considerable mutual benefit. The presence of the military in Virginia Beach The base brings great overall financial stability stabilizes our local economy, increases the diversity and background of the population, is a source of pride to the citizens of the city, and enhances the city's efforts of the city to become a "Community for a Lifetime." Virginia Beach provides excellent schools, good job opportunities for military spouses, ample and varied recreational, cultural and social activities, and an overall high quality of life for military personnel and their families. Virginia Beach stri'/es endeavors, and will always endeavor, to be a welcome home for our military, including the personnel and families that serve in our nation's armed forces. Page 1-4 -bottom of the first column in Chapter I, Introduction, and Page 3-1 -end of the introductory section of Chapter 3, Suburban Area, Add the following text to read: In addition, three predominantly non-residential areas, located adjacent to NAS Oceana, have been defined as 'Special Economic Growth Areas'. These areas are identified as East Oceana (SEGA 1, West Oceana SEGA 2 and South Oceana SEGA 3 and are described in more detail on pages 3-27 through 3-30. These three areas are positioned to accommodate AICUZ-compatible uses that not only complement, but can advance the strategic economic development goals of Virginia Beach. Pages 1-9, 3-6,3-27, 3-29 and 3-31 - Adjust existing maps as appropriate to convert the names of Suburban Focus Areas 9, 10 and 11 to Special Economic Growth Areas 1, 2 and 3, respectively. 2 Page 3-17 - Replace the text under the heading "Recommendation for South Rudee" to read: This property is comprised of existing residential zoning and the densities allowed by such zoning are acknowledged by the city to be permitted by-right. The recommended land uses for this site should conform to the provisions of the city's AICUZ Ordinance and the Oceana Land Use Conformity Program. It is noted that a redistribution of planned dwelling units on the site to achieve the goals of land use compatibility, environmental protection and other public benefits may be appropriate, provided such action does not result in an increase of density beyond what is currently permitted by- right, and has been reviewed under the joint City-Navy staff Memorandum of Understanding process and found to be consistent with the provisions of the AICUZ Ordinance and Memorandum of Understanding. Amend the map on page 3-14 to expand Site SFA 4.4 to include all the privately owned undeveloped land between South Rudee Heights and the City's boat launch facility. Technical Report Revisions Page 113 - Add the following text immediately after the third paragraph to read: In 2009, City Council created the Virginia Beach Historic Preservation Commission (VBHPC) to advise the City Council and the Departments of Planning and Museums on all issues related to the preservation of historic buildings, structures and sites located in the City of Virginia Beach. Its mission is to preserve, protect and maintain the historic identity of the City and the former Princess Anne County. In this capacity, it is the policy of the City to coordinate with the VBHPC for their review and comment on pending land use proposals which may impact the integrity of historic properties. Pages 113 and 114 - Revise the text under the heading of Preservation Partnership to read: The Virginia Beach Historical Preservation Partnership (VBHPP) was established in 1999 through a Memorandum of Understanding involving is a non profit group consisting of representatives from The Princess Anng County jVirginia Beach Historical Society; The Hampton Roads REALTORS @ Association; and The City of Virginia Beach. Each of these groups is uniquely qualified to identify, monitor, and market historical properties for purposes of their preservation. f..ll of these groups have a strong interest in preserving our city's historical past. The mission of the VBHPP is the preservation of historically significant properties within the City of Virginia Beach. The 3 II Partnership seeks has sought to acquire historical properties that need protection and then place legal, protective restrictions on them that will become as a condition of their future sale. The criteria for identifying historical properties are based on age and association with historical events or architectural styles. The VBHPP is has served as an important alternative or addition to historical preservation districts and governmental preservation ordinances. Instead of requirements mandated through legislation, it has worked to provide a mechanism for voluntary historical preservation to current or potential historical property owners. IHs a determined concept to save many of the historical properties in our modern city of Virginia Beach, which has rapidly grovln to have the largest population of all cities in Virginia. As one of the tools to educatea citizens and set priorities for preserving the most historical structures in the city, the VBHPP compiled a list of the :50 Most Historically Significant Houses and Structures in Virginia Beach.: This was printed in a magazine format in 2008 and the publication has helped to raise the awareness of Virginia Beach's historical built environment. Page 132 - Delete the last paragraph and replace with the following text to read: On October 1, 2009, the Navy's Little Creek naval Amphibious Base and the Army's Fort Story merged to become a single entity, with a unified command and a new name: Joint Expeditionary Base Little Creek-Fort Story. The newly merged base will be the biggest employer in Virginia Beach, with 17,211 personnel and an estimated payroll of $850 million a year. It will be the primary East Coast base supporting overseas contingency operations. By 2012, the Joint Expeditionary Base is expected to have more than 18,000 personnel. V5 4 Item #15 City of Virginia Beach A resolution of the Planning Commission approving the Comprehensive Plan of the City of Virginia Beach and recommending and certifying The plan to City Council November 12, 2009 REGULAR Donald Horsley: Madame Chairman, the last item on the agenda today is item 15, a resolution of the Planning commission approving the Comprehensive Plan ofthe City of Virginia Beach and recommending and certifying the plan to the City Council. Mr. Pauls? Tom Pauls: I think we pretty much have gone over a lot of this stuff; so, to be very brief. The exhibit that you have is based upon the comments made at the Monday workshop, and of course, the comments that were suggested regarding the Shore Drive Corridor that we talked about this morning. It would be the Bayfront Advisory Committee recommendations to move forward, subject to two suggested bullets, Mr. Redmond, for the Pleasure House Point. All other items that are in the exhibits, if acceptable to the Planning Commission, could be considered as a condition to the recommendation to City Council for this item. Janice Anderson: Mr. Pauls, the changes that you made between our informal and right now, is that Exhibit 1, and the date is November 11th still? Tom Pauls: Yes. Actually what we have, if you wish, I can ask Mark to hand to you the changes that were made this morning. Janice Anderson: Okay, if we could have that new exhibit? Thank you. Tom Pauls: So, what you will have will be two documents. One will be this Exhibit, November 11th, subject to the change, in addition to the changes you're receiving here for Shore Drive. That would cover it. Janice Anderson: Okay. Thanks. I'm just going to label this Addendum 1. Jack Whitney: We can just consider this an addendum to Exhibit 1 for your motion. Janice Anderson: Okay. Thank you. Are there any questions of Tom? Thank you. Tom Pauls: Okay. Thank you. Donald Horsley: Our first speaker isJoe Wharton. Janice Anderson: Welcome sir. II Item #15 City of Virginia Beach Page 2 Joe Wharton: Thank you. It's a pleasure to be here. My name is Joe Wharton. I'm with Towne Development Corporation. I'll be brief. Fortunately it's not now the case, but early in my career, as with many of us, I was priced out of the housing market. Today with all the limitations, the opportunities are more limited. Most of your urban municipalities have adopted ordinances to promote this, and there is certainly a lot of talk about it. We're not talking about it at Town Development. We're doing it. We are in the process of building and have sold workforce housing in other communities. To my knowledge, with the exception of one application that was denied, there are no workforce housing projects in Virginia Beach. However, we are prepared to move forward with that. What I would like to request today is that this Commission revisit some of the ordinances, and the Comprehensive Plan, to see that workforce housing is promoted. It is a very needed component within the city. Janice Anderson: Thank you very much. Are there any questions? Thank you sir. Joe Wharton: Sure. Donald Horsley: Okay. Our next speaker is Pete Kotarides. Janice Anderson: Welcome sir. Pete Kotarides: Good afternoon. My name is Pete O. Kotrides and I'm with Kotarides Builders, and we're located at 5601 Virginia Bach Boulevard. Today, I'm here representing the Tidewaters Builders Association. We appreciate the opportunity to participate in this process, and the amount oftime and effort that you all have spent is very commendable. I believe you all have copies of the comments that we've had. I'm here to emphasize just a couple of the points in the comments that we had. The first one is the environmental stewardship chapter includes a recommendation that the Resource Protection Area and Southern Watershed buffer designation be expanded into Lake Lawson, Lake Smith, Little Creek Reservoir and Stumpy Lake, and recommending these protective buffers, that can take up to a 100- feet around these water bodies without the legislative authority, appears to be a little excessive. Secondly, we oppose the use of any impact fees for transportation funding. As you are all aware, local governments are not enabled by State Code to assess these impact fees, and furthermore, impact fees are very dependent on market conditions, and given the condition of the current housing market, as you all can easily see, these are not a reliable source of income. In conclusion though, we do support the vision presented in the plan, and look forward to being a partner in accomplishing the goals and opportunities detailed in the plan. Janice Anderson: Thank you sir. Are there any questions of Mr. Kotarides? Thank you sir. Donald Horsley: The next speaker is Gene Hanson. Janice Anderson: Welcome. Gene Hanson: Madame Chairperson, my name is Gene Hanson, Gentlemen and Commissioners. Congratulations Mr. Livas. My name is Gene Hanson. I am the immediate past president of the Item #15 City of Virginia Beach Page 3 Back Bay Civic League, and I'm the Vice Chairman of the Pungo Landowners Association. And, as Tom Pauls reminded me this Spring, he had to deal with me for the last 18 years over at Pungo. My hands go off to the staff for tolerating me so well. The plan is beautiful. It is the most well written plan that I've seen so far. It flows from Chapter One all the way through the end. I sat down the first night without the technical aspect and read it all in one seating. I was not expecting to do that. It is very well written, and it flows. Each chapter intends to relate to the others. There is one part, one caveat that I would like to add and have changed. This was supposed to be a bottom up effort, and some of you have been on this Planning Commission off and on for a long time. There are a group of people that have worked very long, hard hours with a lot of back breaking time to organize people to make sure that there was a bottom up effort on the vision for Pungo. I think when we were successful with the ULI study, that vision was shared with the rest of the city, but the current plan did something that was politically expedient that I think should be noted in the plan. That is, they still mention that for the southern side of Indian River Road and the area defined as the Village of Pungo, there is a caveat that there should be another sewage form similar to Puraflow that would be allowed. That is not something that the people that were involved in the Pungo Village Landowners Association or the Back Bay Pungo Civic League recommended to the Planning Commission. If there is anything that you can at least add that the people in that area unanimously have come forth and say that we would like all of Pungo to be treated in the same way, which means right now with that division on Indian River Road you have the "haves" versus the "have nots", and I do not think you can accomplish the vision that everyone has tried to share with you. I think it has been captured without allowing services or least the indication that the people in that area want services. Not for the rest ofthe southern part ofthe city but at least to the area that is defined as Pungo. So, that is my request to this plan. Again, congratulations. It was very well done. I appreciate it. Janice Anderson: Thank you Mr. Hanson. Are there any questions? Go ahead. Ronald Ripley: Gene, so you're supporting sewer into that area, in that specific area? Gene Hanson: That is correct. Ronald Ripley: So you're saying it would service specifically that area. Gene Hanson: That is correct. Only that area and nothing further south. The Pungo Village Landowners Association, which is made up every single land owner in that area, also supports that position too. It was also a position with lots of study and coming back to make sure that everyone understood it that the Back Bay Pungo Civic League endorsed that concept as well. Ronald Ripley: Anything above the Green Line, the Transition Area is a big policy decision. It was made by the City years ago. So, we had some discussion on this morning. What things would have to be done, whatdo you think would make the people of the city comfortable that it would be just restricted to that area? Gene Hanson: From an engineering view point and certainly people from this Commission know better than I, there are ways that you can restrict what type of services and how far away it is II Item #15 City of Virginia Beach Page 4 going to be. But when you mentioned the Green Line, the Green Lien never went down Indian River Road, so that has been altered. And you think that I would be arguing for just the way it is given where my horse farm is located, but I really do think you are going to get a center to benefit for all of Pungo if you allow what can occur by-right today, at the northern part of Indian River Road to be allowed as a special zoning district for all of Pungo. I think it is a necessity, and if not, you may find that people do whatever they want to do without a nice comprehensive planning effort. That is what we've asked of you all for the last three five year plans. If you go back five year plans ago, the Planning Commission did have part of it. There was a need to study Pungo. And now, it still is defined there is a need for planning now to do an overlay, another study of Pungo even if you approve this. Again, there is that little stipulation, which I think is by political expediency only that this sort of divides the baby instead of keeping it together. Ronald Ripley: I only bring it up because I think Mr. Horsley addressed it. He was concerned and frankly so that whatever happened there had to be constrictive just to that area. Gene Hanson: Absolutely. And I think. . . Ronald Ripley: What do we have to do to make everybody comfortable? That is what I'm asking? That is what you said. Gene Hanson: Well, Walt Whitehurst, who is going to speak after me. When he was Chairman of the Pungo Village Landowners Association, and he's immediately past Chairman, we sat down with our City Council person over coffee one morning with the support of the Pungo Village Landowners Association. We'll be happy to sign off support anything that allows for just sewer to cover Pungo. The perversity of Pungo, if you think about it Mr. Ripley, is that there is more development right now below Indian River Road than above Indian River Road. And so there is a need right now for the people who are there, who live there, to have that. But yet even under the current plan that is proposed here, they are offered something called Puraflow. That is not going to work for a whole village or at least half of a village when the logical development for outside developers that may come in to assist would be for a central sewer and water facility. It just doesn't make sense not to have that. Janice Anderson: Go ahead AI. Al Henley: Gene, I have a question for you. Gene Hanson: Yes sir. Al Henley: Welcome today. Gene Hanson: Thank you. The last time I was here, and here is a quick aside, Mr. Ripley, he was Chairman and it was over a planning issue, and that was when somebody had proposed light industrial permit for something inside the Village of Pungo. My only argument was it looked Item #15 City of Virginia Beach Page 5 wonderful but we got to have a plan before you allow people to do hodge-podge things in Pungo. So, were now very, very close to it. So, I appreciate that. Al Henley: I have a question for you. We discussed it briefly this morning, and I didn't know you were going to be here, but the political flavor anywhere down in the county is that no one wants sewer down there including me. Because that sewer will bring multi-developments like we have in the northern end of the city. And, my comments this morning was very similar to yours that you're going to have people with the "haves" and the "have nots". But as Mr. Ripley questioned you, what do you think or what do the citizens of Pungo in that area think would make it more attractive or encourage the people to address sewer for Pungo Village and not everyone else? The greatest fear is not being educated knowing that the system can be designed that would only allow the Pungo Village to survive to be developed, and nothing beyond that point. So, it can be engineeringly designed. I know for a fact that it can be. But to convince the people who live below that area, they need to be educated and convinced, and proven that this can be a reality, and that no one else will be affected and that sewer will not come down any further than that. What do you think would be a greater outpouring of outn:ach of the people? To bring the people together through the civic league or a town meeting, and show the people the facts? What do you think would convince the people? Gene Hanson: I could think of two things Mr. Henley. And one is the educ:ation has been done. That is what I tried to stress. Tom Pauls came out with assistance to make major. There were big meetings that we held down in the southern part of the city to talk about the plan, and also to talk about the ULI Study. He has come back, and he sent staff also to committee meetings, to board meetings, and that is why I came before you to say that I think that education has been done in our area. It has been done and recognized unanimously by those groups. The other point. You and Council between you have the wherewithal to indicate where that is going to occur. So, if you're asking me from a viewpoint about how you can constrain it, the lines are naturally drawn where Pungo is. To the east, we got agriculture reserve land. We also have the Coast Guard. They are natural boundaries. You've seen them. The ULI Study actually expanded those boundaries somewhat. It is an easy area to get your hands on what it represents. And I've heard the expressions that you're opening Pandora's Box or the "nose under the tent". But it is not there. I think that has been accomplished. Maybe you, through the rest of the city, need to educate, but nobody in that area is asking to drop that sewer line or water line further than the Village of Pungo. I don't think you've heard from anybody that has been working with this plan. Al Henley: Do you think your Councilperson representing that would support that? Gene Hanson: You would have to defer that question to our Council person. I don't know. I can tell you for sure that in sitting over coffee in the morning, Walt Whitehurst and I could not get a commitment. One way or the other, we thought we had done a very good job, and with the promises. As long as we're around doing it, and if you look at Walt and me, that might not be much longer. Hopefully, it will, but we don't want it lower, and I don't think anybody else does either. II Item #15 City of Virginia Beach Page 6 Al Henley: Thank you. Janice Anderson: Thank you. Donald Horsley: Gene, I think probably it is more of a perception than it is anything else that if it ever does come across that, and all willing and your knowledge. You said that is all we want. But there is always the one down there that said we done come across there. We'll go somewhere else and we'll come across there. I think that is what it is, and that is what has to be taken care of. Gene Hanson: I don't want to address it in your plan. I really do think you can add some kind of written acknowledgement that this is what the people down there from working through the system for a long time come have together and requested. If this is supposed to be a bottom up effort, it would be nice to see that motion. Donald Horsley: I think the bigger problem is the traffic issue. I think that is more of a problem than the sewer. Gene Hanson: I already got that solved for you. Donald Horsley: Good. We'll talk about that another time. Gene Hanson: We'll do that. Donald Horsley: But Mr. Pauls this morning read a staternent. How did that statement read Tom that you read this morning? Tom Pauls: I think I was suggesting that we have in the final draft of the Comprehensive Plan language that talked about a Pungo Implementation Plan. What this is is a community-based Pungo Implementation Plan, and if that was to move sooner than later, maybe through that process we could make a determination of exactly where the line should be, if it is to be done or to what extent we should move forward with this issue. Gene Hanson: Those who have been here for awhile know that Tom or I, when we first started talking about this, did not have gray hair. We did it to each other. Donald Horsley: Okay. Gene Hanson: Obviously, our Planning Chairman personifies his great staff. They have been good. Thank you very much. Janice Anderson: Thank you Mr. Hanson. Donald Horsley: Walt Whitehurst. Item #15 City of Virginia Beach Page 7 Janice Anderson: Welcome. Walt Whitehurst: Thank you. My name is Walt Whitehurst. I was born and raised in Pungo Village. I live on the property where I was born and raised. And, when I was asked to become a part ofthis group, Pungo Village Landowners Association, I was really happy to get involved in it, because when I retired ten years ago, I came back to Pungo where I'm from it. And, naturally, a lot of pride in our community, and naturally I have a desire to help improve the community. So, as we met as an Association and as a Board of Directors, we looked at our area, our village, and thought about developing the village concept there. And so, we saw ourselves also as the bridge between urban Virginia Beach and rural Virginia Beach. And so, we found ourselves looking at how we can make this a more beautiful community where the people in the north would be proud of it and the people of the south would be proud to drive through and to see what's happening in Pungo Village. And so, we asked the City Council to give us permission for ULI to do the study. And they did, and we're grateful, because most of it, much of it, is included in the Comprehensive Plan. But as Gene had said, the matter of water and sewage for us is not included as we hoped it would be, as ULI clearly recommended. So, we understand that you change the Comprehensive Plan and you can make it possible for the plan to go to the City Council with the idea that we would like to extend water and sewer to include where my house is and where people have smaller lots than mine are located. Septic tank is a problem in some of those areas. So, we would like that to be included in the plan. Basically, I'm saying what Gene is saying, and I'm grateful for Gene too, because he lives on the rich side. We live on the poor side. He can get water and sewer with no problem. We cannot. That is the reason, and seeing this as a village, which will eventually be a beautiful place, we would like to have equality and justice. Janice Anderson: Thank you Mr. Whitehurst. Are there any questions for Mr. Whitehurst? Thank you sir. Donald Horsley: R.J. McGinnis. Janice Anderson: Welcome. R.J. McGinnis: It's been a long afternoon. I'm RJ. McGinnis, and I'm a property owner on Princess Anne Road in the Subarea 2 of the Princess Anne Corridor Study that is being adversely affected by the changes in the plan. I know the Princess Anne Corridor Study is a small part of the big plan of the Comprehensive Plan. But basically, the property owners in this area, to be able to develop their property, have to abide by numerous, very detailed restrictions, which used to have a bonus density of 6 units per acre for basically spending all this money. Now, it has been cut down to a density of 3.3 units per acre, which is basically density of the adjacent development, Christopher Farms. But we're still being required to make all of these road improvements, which is about 4,000 linear feet of road to provide access to all the other property owners, which no increase in density which we used to have. Now, I understand it was changed from 6 to 3.3 because of the Navy's concerns, which they also call Subarea 2 but it is different from the Subarea 2 of the Princess Anne Road Corridor Study. And, I think it is very unfair. I corresponded with Comprehensive Planning for about a year, various letters, emails, meetings. II Item #15 City of Virginia Beach Page 8 The density can't be changed. Then the requirements for development should be changed. Simply they just drew a line through the 6 and put 3.3 in it. They left everything else basically the same. Thank you. Janice Anderson: Thank you. Are there any questions of Mr. McGinnis? Thank you sir. Donald Horsley: Bob Miller. Bob Miller: I was giving you guys a hard time earlier about being here, but you deserve a lot of credit for being here. Sincerely you really do. Just getting down here today was a little interesting. If you're going back, not south but north, go down Princess Anne Road and I came across Dam Neck. Everything was pretty good. There is a little puddle over there by Dam neck and Holland and back up London Bridge. You'll be able to get out okay. I can't promise anything else. It's a wonderful day for engineers right? I was going to stand over there next to Dave. Donald Horsley: If you're going south, then you catch the ark and then you float on home. Bob Miller: Follow Gene, and you get a horse. Really, it is admirable to see you guys working and staying down here. I don't know if we would have done it back in the old days. I can't remember coming down here on any particularly bad days. One of the things that I want to do is just make sure, and go back over the concept of the Comprehensive Plan that you already know and the staffknows. This is a vision for the city. It's a plan and it is set out to develop how the city will grow and be planned in the future. But it is not full of the details, even though I just heard a lot of details that will need to be done. So the implementation side of this is very important to me. To make sure that we go from the Comprehensive Plan, and then as we're moving forward to go into some of the implementations. One of the thing that I've said several times at some of the meetings is the issue of the ordinances, and all of know, and we have been around for a while. And those ordinances have been around longer than even some of us that have gotten gray over the years. And those ordinances represent an issue that causes, in some cases, the Comprehensive Plan not to be able to be done. And that really is a contradiction that has been there. And everybody knows it. Excellent staff. This Comprehensive Plan, Gene said it very well, is better than the one we did in 2003, and it is an improvement, and that is what you want to be doing, is constantly improving the process. There are a couple of things that I did want to talk about that cause me some concern. And I just want to make sure, again state them. The Strategic Growth Areas, I'm completely in favor of that. Are you going to cut me off at three minutes even though I came up here, and I was very nice? Ed Weeden: I don't even know who you are? Bob Miller: I'm Bob Miller. Henry Livas: He never identified himself Bob Miller: The Strategic Growth Areas and the planning that is being done on it, obviously as Item #15 City of Virginia Beach Page 9 you titled in here, and the staffhas appropriately title it as Urban Areas. The Urban Areas, Strategic Growth Areas, there are plans being done for each one ofthem. And I can't help but endorse that. They are a vision again. And whenever I've had a chance to speak, and some of us have talked about it, they are visions of a future. They don't happen immediately. There will be incremental steps along the way. One ofthe items that have been troubling me with the planning process, and I think it is planned to be corrected, I don't know if it is going to be correct right now, is the issue of the economic model by which these things will actually happen. And, amongst that is the issue of infrastructure cost and the cost to the City, and things like that in order to implement a plan as bold as some of the Strategic Growth Area plans are already are. I have no problem with the vision. I think that is what you have to do. But then again, the implementation side of it. The other thing is, there were a couple of Strategic Growth Areas that used to exist that don't exist anymore, and they became what we have called Suburban Focus Areas. I keep forgetting what the "F" stands for. I don't know why. The Suburban Focus Areas, and one of the other things about those, there are a couple of the Strategic Growth Areas that became Suburban Focus Areas if you can keep up with all of this. And then there a whole bunch of new Suburban Focus Areas. Many of the new ones deal with existing neighborhoods and with protection of neighborhoods, and things like that, which again, makes perfect sense. My concern was, and it looks like the differential here is there will be a planning exercise done for Strategic Growth Areas but not done for Strategic Focus Areas. At least: that is what I see and what appears to be part of the intent. I don't know if that is the intent or not, but that is my interpretation. The other thing is that several of the Strategic Growth Areas that were not included this time are the ones around Oceana, 10 and 11, and I think 9, 10 and 11. Those Strategic Growth Areas are identified now as SF A (Strategic Focus Areas). I'm mostly interested in number 11. I have a client that owns a majority of that land in number 11. My concern is to make sure that the intent, as it is stated here, is that area will be able to be developed. It will have growth. It is right now as it existed as agricultural property. The Southeastern Parkway comes through a large portion of it, and that area will be developed in accordance with the Navy AICUZ Guidelines and the Noise Ordinance. We understand that. I just want to make sure that was not in any intent put in this area, at least my interpretation again, to eliminate any opportunity for that particular area, number 11, to be developed. In addition to that I wanted to make sure in saying one other thing. It says limited retail. I would suggest that the word "limited" needs to probably come out and the word retail could be allowed in there, if it is allowed under Navy easements. Not Navy easements. Excuse me. AICUZ, and the AICUZ ordinance of the City. So, I just wanted to make sure and clarify those two points. I really don't have a problem with the way it has been done and the intent, if I interpret it correctly, and in conversations with staff, I think that was the proper interpretation. And with that, I'll conclude my comments. Again, thank you for staying down here and experiencing this great engineering day as you go back out. Janice Anderson: Thank you for coming down and sharing your comments. Ronald Ripley: Not to confuse you more but, I think, why don't we change it to Suburban, if I'm reading this right, rename Suburban Focus Area 9, 10 and 11 to Special Economic Growth Areas. Now you're really confused. II Item #15 City of Virginia Beach Page 10 Bob Miller: I don't care what you call them. Ronald Ripley: Do you want to explain? Bob Miller: Does this happen today? Tom Pauls: As of the workshop. Again, really simply... Bob Miller: This is Tom Pauls. Tom Pauls: Real quickly. This was something that was requested of Economic Development, and there were a few others. What we did what was Suburban Focus Areas 9, 10 and 11, the ones around the base, east, south, and west, and we are now calling them Special Economic Growth Areas 1,2 and 3. The language talks about the importance of these areas economically to the city, and that the growth should be AICUZ compatible, but it also should follow the City's Economic Growth Strategy. Bob Miller: What is the City's Economic Growth Strategy? Tom Pauls: The City's Economic Growth Strategy is a strategy that Economic Development Office has for retaining and bringing new kind of businesses and the targeting of those businesses within the City. Ronald Ripley: Tom, do you envision or maybe Jack needs to answer this. Do you envision some plan to study those particular areas in the future or at least close to somewhat as we done in the Strategic Growth Areas? Tom Pauls: Well, the Comprehensive Plan does not now call for that per say. It doesn't mean it couldn't happen, but that is something perhaps the Planning Commission may want to add if that is your wish. Ronald Ripley: Okay. Janice Anderson: Thank you. Bob Miller: Does it include it or not? Tom Pauls: No. Not now. Bob Miller: Okay. I would say particularly on number 11, which is owned by perhaps by two people, I think at this point in the majority, we wouldn't want someone else planning what's going to happen with those two people's property. Ronald Ripley: That is probably not a bad idea. Item #15 City of Virginia Beach Page 11 Bob Miller: Thank you. Janice Anderson: Thank you. Are there any other speakers? Donald Horsley: There are no other speakers. Janice Anderson: No other speakers on that. I'll go ahead and open it up tl:>r discussion. Jay Bernas: I'll probably start by addressing some of the comments that some ofthe speakers had. I know this question is probably more for Commissioners Henley and Horsley regarding that Pungo intersection in the area south of Indian River Road. Obviously we're not going to go in today and draw a line in a map today. Should we consider revising that verbage about that refers to Puraflow south oflndian River Road and make it more generic that we should propose to have someone look at it or propose the implementation of the ULI Study. You know, look to investigating the possibility of serving a small portion south of Indian River Road as identified in the ULI Study, something more generic. Al Henley: I was going to ask Tom too. I think I know what this statement means, but could you define what the last 5 and 6, of the last sentence, the definition of what that means? I think it means what we discussed this morning that if it is feasible. Tom Pauls: The citation I think you're talking about is the addition of this wording: "A physical feasibility assessment must be conducted prior to programming any public facilities within the study area". That was requested based upon some of the other recommendations, such as a fire station, a public park, and other things in that area that before there is a po1iey in the Comprehensive Plan to put those in there, that the policy also be accompanied with this language talking about doing a feasibility study. It really is not directly related to the issue of the study for infrastructure south oflndian River Road. However, in the final draft of the Comprehensive Plan, when it does talk about the importance of proceeding with a Pungo Implementation Plan, it identifies a number of topics that should be addressed. One of them is clearly infrastructure. So, that topic could be deemed as being covered in the final draft of the Comprehensive Plan, which you would act on which is what you're going to do today. Al Henley: And one of those could possibily be a franchise services or some other. Every day that we speak is that there are new developments being made in the treatment of sewage. Who knows, tomorrow, what may bring a new and better way to treat sewage. I'm comfortable with that. Don, are you? Donald Horsley: Yes. Al Henley: Because it leaves it open, as I read it just like Tom indicated that if it is feasible and the assessment then the city would look at various alternatives to treat sewage at Pungo. Ronald Ripley: You're okay the way 5 and 6 is worded then? II Item #15 City of Virginia Beach Page 12 Jay Bernas: With the reference of Puraflow or should we leave it more generic? Al Henley: I don't like word Puraflow. Ronald Ripley: Do you just want to put a period after system? Donald Horsley: That would be alright if you want to leave out the Puralow. I don't have a problem with doing that. Al Henley: Yeah, that would be fine. Donald Horsley: Leave out "such as a Puraflow". Al Henley: Centralized sewage system. Jay Bernas: I only have one other comment ifI may? And maybe great engineers think alike, but I agree with Bob Miller regarding the SGAs and the economic model. One of the first questions that I have for Tom Pauls when talking about the comments of Comprehensive Plan is what is it really from an engineering standpoint? You look at the Pembroke SGA and the density that is required, and what's the infrastructure required to support this density? How much public money is it going to cost to build all those roadways for property acquisition? How do we know that we don't have to build a new water treatment plant or something like to support that kind of density? What is the public infrastructure that is required, and how much does that cost? Would we actually show that plan if we knew that plan would cost two billion dollars infrastructure cost to support that kind of density? So, I understand that during the implementation side they are going to do more research and more transportation modeling, a lot of things that really have to happen to see if those things are really feasible, for if it is just a vision, and it is just a pretty picture. What's the reality of it all? Having the economic analysis to say is like this is really realistic. But I think if the public looks at that picture, and if someone did the economic analysis, and it says it is going to cost one or two billion dollars to make this a reality out of public funds, who is going to pay for that? Is that really realistic? So, from the SGA standpoint, that is really my only kind of concern is that the implementation side is really important when it comes to actual feasibility, and really the important part of that is getting the public buy in on all of these SGA areas, the buy in on the vision that it is realistic to do this. So, that is my only comment. Janice Anderson: Thank you Jay. Go ahead. Ronald Ripley: Could I respond to that? Or maybe we use some additional information. When I served on that Committee, as did Dave Redmond, and one of the things that we really wanted to make sure happen, and Tom made sure it did happen and that was to require the consultant to quantify the various different blocks. You know, how much acreage is within each block. What was the typical usage of that block? The whole idea is to capture on spreadsheets, so that from that the City can extend out what the development potential is of that whole Strategic Growth Area under running different scenarios. Now that model hasn't been developed, but the data is there to do it. Because you just didn't want to develop a plan that was a pretty plan. It had to be Item #15 City of Virginia Beach Page 13 able to be extended into an economic model, which is leading to what your concern is, and that is to make sure you know what that economic model is, one and then number two, you start to determine what that infrastructure cost would be. How much parking you need, etc, etc., and how you're going to pay for it. And can you put that back into the plan that people pay for it and come into the development. All those kinds of decisions can be wrestled with, but it is really important to have that base data. So that was something Planning made sure that is available. Hopefully, I really hope in the future on any of these plans, we do that. The consultant has to provide that kind of information so that you have it to work with. Because if not, you got a lot of pretty pictures that you really can't do anything with it until you know that next step. So, that is a good comment. Janice Anderson: Thank you. Are there any other comments? Go ahead. Ronald Ripley: I want to thank some folks. I think Jack you've led a really great plan here. I think Tom, he was the lead guy last plan, and I mean he is really a pro at this. So, you're very fortunate with your staff to be able to develop such a Comprehensive Plan, all the people that are involved, the Director, Public Works, and Environmental Housing. It's an exciting plan, and I think the level of detail that was applied to the Strategic Growth Areas is phenomenal. I think it is the absolute direction we ought to be going as a city. Some of the real interesting things we haven't even talked about. Like our Cultural District showed up in the last plan and that is something that could be just tremendous benefit to our city by development cultural districts throughout our city in different spots. What a wonderful amenity to our city. We didn't even talk about that in the comments but that showed up between. It wasn't in the first draft was it? Tom Pauls: No. That was elevated in the final draft. We had a pre-draft and it was touched on but it was elevated significantly in the final draft. Ronald Ripley: I think that citizens should appreciate that, because that really has some interesting opportunities. I think also the emphasis on the Light Rail is real important, and the idea of the infrastructure, of how we connect that light rail and the vision to take it to high speed rail, and other areas, and get into other employment nodes is important. I was real pleased, something like Gene, when he read this. It was an exceptionally good plan, and I enjoyed reading it. I think it is a good guide for the city. It's an excellent job. Janice Anderson: Thank you. AI? Al Henley: I have a comment and then a question. The earlier speaker, Mr. Wharton, who is still in the building, commented that we needed to do some more continued work on promoting workforce housing. I know Ron Ripley worked extensively with that. And the closest one that I can recall that this body, as well as Council approved was probably about 4 'h miles west of here. And it was approved for workforce housing. It is something that the city really needs to continue doing additional work on. There is some workforce housing that is badly needed here at City Hall, not only teachers but also municipal employees, that need an affordable place to live somewhere close to work. As the city grows, the more demands for services will grow, and eventually, when we will come out of the economic situation that we're in, the employment will II Item #15 City of Virginia Beach Page 14 increase as well, and so will the housing. So, I think that is a good point, and I think we need to stress that. I know there is City property directly behind us on the southwestern quadrant of here right around City Hall that the Comprehensive Plan recognizes that would be an ideal situation for workforce housing. But if we had it here right in the Historical District, around this area encompassed in this area, with the proper architecture and review of the Historical Review Board, I think it would really compliment the historical and cultural district that we are working in today. That being said, I had a question for Tom Pauls. And Mr. McGinnis was here earlier and he is no longer in the room. But he made a statement that as a property owner, he was being required to build higher roadways and access points, and I didn't see that in the Comprehensive Plan. Obviously, I missed it. Could you explain that? Tom Pauls: Right. There are actually four documents that you received when you received the Comprehensive Plan. You received a Policy Document, the Technical Report, and the Reference Handbook. There is also a fourth document, which is the Princess Anne Corridor Plan Study and an update to that. In that, what we did, we modified it to bring it into conformance with the Oceana Land Use Conformity Committee. The 65 to 70 noise zone changes were put into place earlier. I think it was this year. They are now embodied there. So, the limitation on access on Princess Anne Road was fully consistent with the original 2000 plan, and while the incentive densities dropped because of the Oceana Land Use Conformity Program, we still feel that purpose of controlling the amount of access points on Princess Anne Road is important because it is a major gateway to the Princess Anne Commons and Municipal Center Courthouse complex. Al Henley: So, the roadway that Mr. McGinnis was referring to would ultimately be required under possibly a site plan review depending on and ifhe develops that property? Tom Pauls: There is another roadway. There is a planned connector roadway that is from the entrance of the Virginia Beach National Golf Course entrance on Princess Ann Road opposite that heading over to Holland Road, and then eventually going up to London Bridge Road, Drakesmile and London Bridge, and Great Neck, so you have a straight shot from Shore Drive down to Princess Anne Road opposite the golf course entrance. There was some concern that he expressed about the right-of-way width on that particular roadway. And now, since were taking the "up to" footage out, we're still going to identify that. I believe it is a minor collector. But he had some concern about the right-of-way width. That could be addressed, I believe, at site plan, or even at the rezoning stage, and then at the site plan stage. Al Henley: The right-of-way width is what we addressed with Ron Ripley bought up some earlier concerns regarding those right-of-way widths. Tom Pauls: I'm sorry. Al Henley: If I recall, sometime ago, in the workshop we had, Ron Ripley brought up some concerns regarding some ofthe various right-of-way widths and how it affected adjoining property. Tom Pauls: Exactly. That is part of what we will be dealing with on this as well. Item #15 City of Virginia Beach Page 15 Al Henley: Okay. Thank you Tom. Janice Anderson: Thank you. Are there any further comments? I would just like to follow up a little bit from what Ron stated about the effort that went in this plan. It is a little different format. I like the format. It is different. It is usually hard to get anybody to change from a system that was working fine, but you changed it up. It is a better plan in my view. I think from the comments that you heard everybody is agreeing with you. I want to thank the Commissioners for all their subcommittee work, and all the hours you all put in also with staff. And lastly, staff is the one that took the burden all this on their shoulders, and we sure do appreciate all your efforts. I will accept a motion for approval, but I did want to just comment on some additional documents that are coming that we don't have. The roadway network map that we will be getting. I know you are all working on that. And we're looking for a review of that before it goes to Council. And also, the major street network right-of-ways. So, those are two documents that we still have to look to for review. Tom Pauls: Right. Janice Anderson: Do I have a motion? Bill Macali: Madame Chairman? Are you saying that the Master Transportation Plan Map is not presented to the Planning Commission today? Tom Pauls: It was discussed on Monday to make modification to that map. There in process now. Bill Macali: How can you vote on that map if you don't have it? That is an issue here isn't it? Ronald Ripley: I don't think the map is the problem. Bill Macali: Well, the ordinance says. Ronald Ripley: The amendments here address the map. Do they not? They say they are going to eliminate the right-of-way sizes, call-outs if you will. Janice Anderson: They have already put in there what we asked to put in there is just the final verSIOn. Mark Schnaufer: As we're going through that project about looking at exactly what the right-of- way would be under separate cover, I've noticed a couple of minor changes to that classifications that based on the language and Exhibit One that we added will give us the leeway to make those minor adjustments. Janice Anderson: I think it is all included in Exhibit One. I was just mentioning it. II Item #15 City of Virginia Beach Page 16 Bill Macali: It has to be. If you're satisfied that the Master Transportation Plan Map and the Comprehensive Land Use Plan Map are before the Planning Commission, they could vote on it. Janice Anderson: Yes. Bill Macali: Otherwise they can't. That is black letter law. If you're satisfied that's the case, then go for it. But keep in mind you're voting on two different items now. Janice Anderson: Yes. Bill Macali: Okay. Janice Anderson: Okay. First one, I need a motion to approve an ordinance to adopt the Comprehensive Plan, and then will do. Go ahead. David Redmond: Madame Chairman, I would move that we adopt the, give me the wording if you like to? It is getting late in the day. Janice Anderson: I know. David Redmond: I'm going to lose it. Janice Anderson: I need a motion to adopt an ordinance to adopt the Comprehensive Plan that is presented today. And a second motion that I need is the resolution to approve the plan before us and to move it to Council for their approval. Bill Macali: Madame Chairman, that has to be subject to the revisions made in Exhibit One and further subject to the item entitled "Planning Commission Addendum" that was passed out. Janice Anderson: Thank you Mr. Macali. Ronald Ripley: And also subject to the condition. I think we removed a little oflanguage out of this page 5.6. Janice Anderson: Right 5.6. Al Henley: Which is what Mr. Macali just said that was part of Exhibit One as so noted. Tom Pauls: No. That was something that was brought up at this meeting. So, that would have to be added, I think as part of the motion. Janice Anderson: Okay. Item #15 City of Virginia Beach Page 17 Bill Macali: In other words, the vote is subject to the revisions made in Exhibit One, with the exception of the three words "such as Puraflow", and as further revised by the document entitled "Planning Commission Addendum", which has been passed out to you. I think that covers it. Janice Anderson: Thank you. Is that your motion? Thank you. We have a motion by David Redmond. Is there a second? Go ahead Phil. Phil Russo: Second. Ronald Ripley: Madame Chair? Janice Anderson: Yes. Ronald Ripley: Can we compliment the environmental effort too, because I failed to mention that? I think what they blended there in this plan is just really a great job, so good job. David Redmond: Ditto. AYE 9 NAY 0 ABSO ABSENT 2 ANDERSON AYE BERNAS AYE CRABTREE HENLEY AYE HORSLEY AYE KA TSIAS LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT ABSENT Ed Weeden: By a vote of 9-0, the Board has approved an ordinance to adopt the Comprehensive Plan and approval to submit to City Council subject to revision to Exhibit One omitting three words "such as Puraflow" and the Addendum. Janice Anderson: Thank you. Is there any further business? Meeting is adjourned. II M. APPOINTMENTS BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD II N. UNFINISHED BUSINESS II O. NEW BUSINESS P. ADJOURNMENT ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********** Town Hall Meetings - 2010-11 Municipal Budget Thursday, December 3,7:00 PM Kellam High School, 2323 Holland Road Monday, December 14,6:30 PM ANNUAL JOINT MEETING General Assembly, City Council and School Board Town Center City Club 222 Central Park A venue, Suite 230 Agenda 12/8/09afb/gw www.vbgov.com II CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 12/1/2009 L PAGE: I D S L E D H E A W AGENDA D S I E J S U N [ 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 I/A BRIEFINGS: CYCLING SAFETY - BIKEWAYS and Cindy Curtis, TRAILS PLAN Director - Parks and Recreation M. Jacocks, Police Chief B LOTUS GARDEN CIP - 5 I % Thomas Leahy, Neighborhood Utility Installation Policy Director - Public Utilities II/lII/IV N 1 CERTIFICATE OF CLOSED SESSION CERTIFIED 10-0 Y Y Y y y Y Y Y Y A Y VI.E F-I MINUTES - November 24, 2009 APPROVED 9-0 A Y Y Y Y Y Y Y Y A Y B S T A I N E D G/H PUBLIC HEARING Four Speakers re CBDA, SGAs & COMPREHENSNE PLAN REVISIONS Pungo Village I/J- I a Ordinances to ACCEPT/APPROPRIA TE ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Grant funds: CONSENT $98,092 from Criminal Justice to Human Services re Crisis Intervention Team (CIT) b U.S. Dept of Justice re Bullet Proof Vests: ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Sheriff $ I 8,930 CONSENT Police $26,140 c $80,000 from U. S. Depart of Justice re ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Internet Crimes Against Children Task CONSENT Force Program K/I CITY Ordinance to AMEND Section NO ACTION, BY 10-0 Y Y Y Y Y Y Y Y Y A Y 1001 of (CZO) re religious uses in I-I/I-2 CONSENT Districts L/I BREAKING OF DA YIWILLIAM H. ALLOWED 10-0 Y Y y y Y Y Y Y Y A Y THUMEL, JR. for a CUP re church at WITHDRAWAL, 4966 Euclid Road, DISTRICT 2 BY CONSENT KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V I DATE: 12/112009 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 2a ENOCH BAPTIST CHURCH at 564 I APPROVED AS 10-0 Y Y Y Y Y Y Y Y Y A Y Herbert Moore Road DISTRICT 2 - PROFFERED, KEMPSVILLE: BY CONSENT Modification of Condition No. I (approved August 28, 200 I) re additional parking b CUP re outdoor basketball/tennis court APPROVEDI 10-0 Y Y Y Y Y Y Y Y Y A Y CONDITIONED, BY CONSENT 3 KATHERINE PENNINGTON CUP re APPROVEDI 10-0 Y Y Y Y Y Y Y Y Y A Y kennel at 3485 Head River Road CONDITIONED, DISTRICT 7 PRINCESS ANNE BY CONSENT 4 FAITH CHRISTIAN MINISTRIES, APPROVEDI 10-0 Y Y Y Y Y Y Y Y Y A INC./ALBANO FAMILY LTD, CONDITIONED, PARTNERSHIP CUP re church at 305 BY CONSENT Waverly Drive, Suite A DISTRICT 3 - ROSE HALL 5 KIMBERLY V AKOS/CNJ APPROVEDI 10-0 Y Y Y Y Y Y Y Y Y A Y ENTERPRISES, INC, T/A PAUL'S CONDITIONED, AUTO SERVICE CUP re vehicle salesl BY CONSENT repair garage/bulk storage at 128 Happy Street 6 PHILSAND INVESTMENTS, INC. APPROVEDI 10-0 Y Y Y Y Y Y Y Y Y A Y C02 from 0-2 to Conditional B-2 re a CONDITIONED, dental lab at 6044 Providence Road BY CONSENT DISTRICT 2 -KEMPSVILLE M APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S BIKEWAYS and TRAILS ADVISORY COMMmEE COMMUNITY SERVICES BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION WETLANDS BOARD N/O/P ADJOURNMENT: 6:16 PM PUBLIC COMMENT 3 Speakers re gun 6:17-6:26 laws