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APRIL 27, 2010 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LL/AM D. SESSOMS, JR., At-Large VICE MAYOR LOU/S R. JONES, Bayside -District 4 R/TA SWEET BELL/TTO, At-Large GLENN R. DAV/S, Rose Hall -District 3 W%LL/AM R. DeSTF.PH, At-Large HARRY E. DlEZEL, Kempsville -District 2 ROBERT M. DYER„ Centerville -District l BARBARA M. HENLEY, Princess Anne -District 7 JOHN E. UHR/N, Beach -District 6 ROSEMARY W/LSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES L'/TY MANAGER -JAMES K. SPORE C/TY ATTORNEY - MARK D. STILES CITY ASSESSOR - JERALD BANAGAN C/TY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES ERASER, MMC CITY COUNCIL BUDGET WORKSHOP AGENDA TUESDAY 27 APRIL 2010 1:00 PM FY 2010-2011 MANAGEMENT RESOURCE PLAN I. QUALITY EDUCATION and LIFELONG LEARNING (QUELL) I . OVERVIEW Catheryn Whitesell, Director -Management Services 2. SCHOOLS Dan Edwards, Chairman -School Board Dr. James Merrill, Superintendent of Schools Tony Arnold, Director -Facilities Planning and Construction 3. LIBRARIES Marcy Sims, Director -Libraries II. CONSTITUTIONAL OFFICERS I. OVERVIEW Catheryn Whitesell, Director -Management Services 2. CLERK OF CIRCUIT COURT Tina Sinnen C/TY HALL BU/LD/NG 1401 COURTHOUSE DRIVE VIRG/N/A BEACH, V/RG/NIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MA/L: ctycncl@vbgov.com 3. COMMISSIONER OF REVENUE Phillip Kellam 4• COMMONWEALTH'S ATTORNEY :Harvey Bryant 5. TREASURER John T. Atkinson 6• SHERIFF Kenneth D. Stolle III. CAPITAL IMPROVEMENT PROGRAM (CIP) ECONOMIC and TOURISM Barry Frankenfield, Manager -Strategic Growth Area 2• COMMUNICATIONS and INFORMATION TECHNOLOGY Gwen Cowart, Director - ComIT IV. QUALITY ORGANIZATION (QO) 1. OVERVIEW and QUESTIONS Catheryn Whitesell, Director -Management Services CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL hfAYOR W/LLIAM D. SESSOMS, JR., At-Large VICE MAYOR LOUlS R. JONES, Bayside -District a R/TA SWEET BELL/TTO, At-Large GLENN R. DAMS, Rose Hall -District 3 WIL/.lAM R. DeSTEPH, At-Large HARRY E. D/EZEL, Kempsville -District 2 ROBERT M. DYER, Centerville -District I 1fARBARA M. HENLEY, Princess Anne -District 7 JOHN E. UHRIN Beach -District 6 120SEMARY W/LSON, At-Large .LAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES C/TY MANAGER -JAMES K. SPORE C/TY ATTORNEY -MARK D. ST/LES C/TYASSESSOR; JERALDBANAGAN C/TY AUDITOR - LYNDON S. REMIAS C/TYCLERK-RUTHHODGESFRASER,MMC CITY COUNCIL AGEND 27 APRIL 2010 -Conference Room - I. CITY MANAGER'S BRIEFINGS: A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance B. GASB 45 EVALUATION Susie Walston, Deputy City Manager Ken Jeffries and Reinhart Krarnreither, Mercer Lyndon Remias, City Auditor II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW C/TY HALL BUILD/NG 2401 COURTHOUSE DRIVE VIRG/N/A BEACH, VIRG/NIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycnc!@vbgov.com IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B, ROLL CALL OF CITY COUNCIL 3:30 PM 4:30 PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - A• CALL TO ORDER -Mayor William D. Sessoms, Jr. B C D E. F G H I. INVOCATION: Reverend Malcolm Puckett Avalon Church of Christ 6:00 PM PLEDGIE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTII+ICATION OF CLOSED SESSION MINUTIES 1. SPECIAL INFORMAL and FORMAL SESSIONS 2. INFORMAL and FORMAL SESSIONS FORMAL SESSION AGENDA CONSEI\fT AGENDA PUBLIC .HEARINGS March 30, 2010 April 13, 2010 1. FY 2010-2011 RESOURCE MANAGEMENT PLAN FY 2010-2011 Operating Budget $1,687,819,685 FY 2010-2011 Capital Budget $ 170,517,479 2. LEASE OF CITY-OWNED PROPERTY a. 225 17~' Street b. 2200 Parks Avenue 3 DEiDICATION OF CITY-OWNED PROPERTY -State Board of Community Colleges 3.171 Acres at Faculty Boulevard and South Rosemont Road 4. INSTALLMENT PURCHASE AGREEMENT .Acquisition of Agricultural Land Preservation (ARP) Easements a. 416 Princess Anne Road b. 3457 Land of Promise Road c. 5125 Morris Neck Road 5. BONNEY ROAD and SOUTH KENTUCKY AVENUE -Safety Improvements Acquisition by Agreement or Condemnation 6. REAL and PERSONAL PROPERTY TAX EXEMPTIONS I, ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §23-50 re penalty for failure to comply with cutting excessive growth of weeds or grass DEFERRED January 26, 2010 February 23, 2010 March 23, 2010 b. §23-50.1 re penalty for failure to comply in the removal of certain trees DEFERRED January 26, 2010 February 23, 2010 March 23, 2010 c, §2-224.9 re officers of the Minority Business Council d, §2-450 re increasing Human Rights Commission membership 2. Resolution to AMEND an approved Plan of Financing with the City of Virginia Beach Development Authority to increase Refunding up to $150-Million 3, Resolution to AUTHORIZE the issuanla ~ the Vir Oba Public School A thorityies . 2010, not to exceed $4,879,954 to be so g (VPSA) and issue as qualified school construction bonds 4. Ordinance to DECLARE City-owned properly excess and AUTHORIZE the City Manager to convey same to Tidewater Community College re construction of a joint use library 5. Ordinance to AUTHORIZE the City Manager to execute a Lease, not in excess of five (5) years, with The Contemporary Art Center of Virginia at 2200 Parks Avenue 6. Ordinance to AUTHORIZE acquisition of right-of--way property in fee simple, by purchase or condemnation, including t n e°TR a and South Kentucky Avenueeand improvements at the intersection of Bo y AUTHORIZE the City Manager to make a reasonable offer to owners or persons having interest in said property 7. Ordinance to AUTHORIZE the City Manager to execute a Cost Participation Agreement with Hollis Roma eARoad Phase VII and the Rose1Glen Manor Subdivision improvements for Indian Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) easements: a. Richard C. Cocke and Carol A. Clarke in the amount of $449,106 at 416 Princess Anne Road 1y. Truman D. Baxter, Jr. in the amount of $288,344 at 3457 Land of Promise Road ~~• Walter J., Jr. and Jennifer S. Roe in the amount of $238,428 at 5125 Morris Neck Road 9. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned I~roperty for Wolfgang J. and Terri J. Bay to construct and maintain a bulkhead at 2404 \~Vindward Shore Drive 10. Ordinances to EXEMPT certain organizations from Personal Property Taxes: a. The Organization Against Injustice and Social Malpractice (TOAISM) b. Life in Christ Ministries, Inc. c• Hampton Roads Community Care, Inc. d. Chesapeake Bay Wine Classic Foundation 11. Ordinance to APPROPRIATE $300,000 from the U. S. Department of Homeland SE:curity re USAI Interoperable Communications Technology Grant in the FY 2009-10 C,~pital Budget 12. Ordinance to TRANSFER $200,000 from the General Fund Reserve for Contingencies to the Department of Housing and Neighborhood Preservation FY 2009-10 Operating Budget re demolishing a structure that presents an imminent public safety hazard PLANNIlVG Application of LIVING FAITH CHRISTIAN FELLOWSHIP/AMARSH WOOD PP;OPERTIES, LLC for a Conditional Use Permit re a religious use at 5257 Challedon Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 2• Ap~~lication of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re adding a lot to be used as open space to the existing church site at 4309 Blackbeard Road DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 3. Application of JEFFREY D. BLAKE (OPEN AIR JEEPS, LLC) for a Conditional Use Permit re an auto repair garage at 800 Seahawk Circle, Suites 128 & 129 DISTRICT 6 -BEACH RECOMMENDATION APPROVAL 4. Application of KUBER HOSPITALITY CORP. for a Change of Zoning District Classification from H-1 Hotel District to Conditional B-2 Community Business District and Conditional H-1 Hotel District re a retail center at 1808 Diamond Springs Road DISTICT 4 - BAYSIDE RECOMMENDATION APPROVAL 5. Application of LAKE GEM D8, L.L.C. for Modification of Conditions 2 5 and an additional condition (approved by City Council on May 13, 2009) to allow operation of the Outdoor `Green' Market the weekend prior to Thanksgiving and Christmas holidays in addition to the days previously approved, allow homemade items as well as handmade items and request a manned table with literature advertising the Red Mill Marketplace Shops at 2181 Upton Drive DISTRICT 7 -PRINCESS ANNE RECOMMMENDATION APPROVAL K. APPOINTMENTS MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT FY 2010-2011 Budget Schedule DATE TIME EVENT LUCATIUN May 4 4:00-6:C1Ci pM Workshop May 11 6:C)OPM City Council Conference Room ADOPTION _ _ ___.. _ City Council Chamber ***~~~~~ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 04/27/2010gw www ebeoc.com CITY MANAGER'S BRIEFINGS: -Conference Room - 3:30 PM A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance B. GASB 45 EVALUATION Susie Walston, Deputy City Manager Ken Jeffries and Reinhart Kramreither, Mercer Lyndon ~Remias, City Auditor II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - 4:30PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION I V. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Malcolm Puckett Avalon Church of Christ 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. SPECIAL INFORMAL and FORMAL SESSIONS March 30, 2010 2. INFORMAL and FORMAL SESSIONS ..April 13, 2010 G. FORMAL SESSION AGENDA H. CONSENT AGENDA ~P~itl~i#tDlt 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, $E IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. I. PUBLIC HEARINGS 1. FY 2010-2011 RESOURCE MANAGEMENT PLAN FY 2010-2011 Operating Budget $1,687,819,685 FY 2010-2011 Capital Budget $ 170,517,479 2. LEASE OF CITY-OWNED PROPERTY a. 225 17~' Street b. 2200 Parks Avenue 3 DEDICATION OF CITY-OWNED PROPERTY -State Board of Community Colleges 3.171 Acres at Faculty Boulevard and South Rosemont Road 4. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements a. 416 Princess Anne Road b. 3457 Land of Promise Road c. 5125 Morris Neck Road 5. BONNEY ROAD and SOUTH KENTUCKY AVENUE -Safety Improvements Acquisition by Agreement or Condemnation 6. REAL and PERSONAL PROPERTY TAX EXEMPTIONS NoT~cE of PuB~~~c H~~~NG .Thursday, April 22, 2010 - 6:00 P.M. - TaNwood High School 1668. Kempsvilte Road,;Virginia Beach, Virginia Pursuant to Section 5.07 of the City Charter anld Sectial 2-187 of the City Cale, the Couf-cit of the City of Virginia Beach, Virginia wilt hold a Public Hearing at the time and place noted above, on the Ctty ManBger'S .Proposed Operating Budgetfor the fiscal year begiretirut July 1,2010 arul ending June fit, 2{111 and on the Capital Improvement Program, including the fisr~-I year' 2010-11 Cap-tal Budget A brief synopsis follows: PROPOSED FISCAL YEAR ZO10-i 1 OPERATING BUDGET.. Sanunarlr of Cuihrra- ~ Recreational Opporhmftles Quality Education and tifelwr9 l-earning 7 E769 -Museums $ 9,452,107 -Education ~ ,~7 -Parks and Recreation 40,921,813 -Library Economic YHaRty Qua~Y ~~~ 843 560 3 - AgriCltlbue 939,127 - City Attorney , . 486 5T/ - Convention & Visitor Bureau 17,875,566 -City Auditor , ` 324 ,42 -Economic Development 4,102,608 -Carty perk . , ~~3 2 -Housing and Nelgtdlarhood Preservation 23,916,890 -City Manager , 366 826 2 Family & Youth Opportunities -City Real Estate Assessor , , '108 4 349 - Healtit -Human Services 3,041,377 111,868,678 -City Treasurer - Commissioner of the Revenue , , 3,430,713 QtraUty Physical EnvUanment -Communications and Irdormation Technology 21,690,104 -Planning ; 13,378,331 - Fnance 4,691,216 916 124 1 - PubBC Utilities 91,222,547 -General Registrar u c , , 029 158 4 -Public Works 111,717,951 r es -Human Neso S , , 304 1 448 Sere Community ervices -Management . , 348 553 -Commonwealth's Attorney 7,647,077 - Munirapal Council - , 011 580 40 - Courts and Court Support 6,428,784 Departmerdal - Nen , , - Emergency Communications and C'ilaen Services 9,195,864 Otlbr 1 ~~~~ -Emergency Medical Services Fire 7,403,251 42.947.098 -Debt Service -Pay-As-You-Go Capital ~i~ 44.479,571 - Police 85,507,896 - Reserve for Corrtingencles 2,041,389 - Sheriff and Corrections 36,443,644 - Reserve for Future Commitmerds 8,761,274 TOTAL EXPENDITURES 51,687,819,685 General Property Taxes ~imaratY o 5609,027,545 f Revenues Misceflaneeus Revenue 421,4~i,6944 QtllerLecalTaxes 253,023,768 FtomtheCommonweaRb n M 981 128 660 PermiLc, Privilege Fees, and Regulatory Licenses 4,699,896 me From the Federal Gov~ , , ' Fines artd Forteitirres 8,219,750 Non-Revenue Receipts 2,41,550 Use of Money and Property 10,783,936 Reserves 35,492,2'10 Chargesfo-Services 1,971,601 TOTAL REVENUES ;1,687,819,685 PROPOSED FISCAL YEAR 2010-i i CAPITAL BUDGFI SBm~nr at ~r4tl~3.~s~i at Fwndtna . Project class canHal Budget FY 201o-11 Schools 535,016,800 t~adways 48,377,725 Buildings 13,774,748 Parks and Recreation 8,931,858 lttilities 33,626,574 Coastal 6,355,842 Economic arrd Tourism Development 19,798,556 Communications and httormationTedurology 4,635,376 Total Capital ImprovemerrtProgram 5170,517,479 Type of Firarrckrg t~pital 6udgec Fr zmo-11 Pay-As-You-Ga ' 544,479,571 '' General Fund lfideslgnated Fund Balance 9.142,224 Other Ftmd BalancelRetain~ Earnings 22,665,187 Sate 10,481,450 Federal 6,308 Bonds<I_ease Purchases 68,014,722 Oti1et 9,426,325 Total Rnancing - AB Sources 5170,517,479 ' Reflec6 VaY-aS-Y~ n~~o9 reverx~s ~ the OpeaGUtq Budget 6latere dedx~ied erMYu SIa6a ievernre that is 08nsfettetl to Uie QP. In addition to the Pubt'IC Hearing on April 22, 2010, a second Hearing will be turd on Tuesdpx April 27, 2010,' at 6:00 p.m. in the City Cour>cil Gttamb+n' on the. second floor of the City Hall BuikGng (Building #1t, 2401 Courthouse Drive,frrginia Beach,Yrgittia. The Proposed Operating Budget and Proposed Capital Improvement ProgramlCapital Btxiget dotanmertts are available at the Central Library and. all brant~t libraries during srtleduled hours of operation:.: Copies are also available for examination at the City Manager's Office, the City Clerk's Office, alai the ~pattillerrt of Management Services, in the City Hatt Building, Munitnpai Center, between 8:00 a.m. arld S:Ofi p.m., Monday through f-riday. These dceumerds Can be viewed on the. (gay's web page latutted at www.vbgov.com. All Hearings are open to tt-e pui~iC, and all interes'tal Citizens will have an trpptxttutity to be heard. To provide art opportunity for' au atizerts to be beard, speakers are asked to make oral t:~mmtatts w8hR1 tiuee minutes or sut~ other reasonable time limit as shall be determined by City Council. btu des~in9 to ptmride written comments may do so by cattactltrg ttte City Clerk's office at385-4303 or by regltg wilt, the City Clerk`s office o[t the setxtnd t~ of the City Haft Btdkkfing prior to the Hearing. tf you are pftysicatty d'tsalNed or visualry impaired and needassistance atthis meetlng,pleasecab385-4303; t>iearktg impaired, call TDD - 711. Ruth Hodges Fraser, MMC PUBLIC NOTICE NOTICE OF FEE.INCREASE SANITARY SEWER RATE CHANGES On Thursday, April 22, 2010, at 6:00 p.m. at Tallwootl High School, 1668 Kempsville Road, Virginia Beach, Virginia, the Virgirna Beach Cit)r Council will hold a Public Hearing conceming a proposed ordinance amending- Sections 28-26 of the City Code to increase the monthly sanitary sewer charges for. property connected directly or indirectly to the City's public sewer system and to establish sanitary sewer fees, as follows: Residential Uses Monihty Monthy Monthly .Current Charge Charge Charge Monthy Effective Effective Etiechve Charge 07N12011 07!012012 07/01/2013 Single family Detached Residence $19.54 $22.12 $24.86 $27.76 Frst unit or trailer in structures witty two (2) or 19.54 22.12 24.86 27.76 mare tamiry residential units with ors (1) connection to the pubhc sewer system and trailer parks Each additional unit ortrailer 14.65 16.60 18:66 20.83 Frst room provided for occupancy ai hotels 19.54 22.12 24.86 27.76 and motels Each additional room provided for occupancy'. Frst Space provided at campgrounds Each additional space Per unit far structures with two (2) or more family residential units, each of which is directly connected to the public sewer system Separatety metered multi-unit structuros served by aprivately-owned, on-sde sewer collection system with a single connection point to the city's sewer system Non-Residential Uses .Monthly Charge 07/012014 $30.81 30.81 23.12 30.81 ;7,04 8.89 9.99 11.15 12.38 19.54 22.12 24.$6 27.76 30.81 7.84 8.89 9.99 11.15 12.38 19,54 22.12 24.86 27.76 30.81 14.65 i6.6D Monthly 18.66 20.83 23.12 Monthly Monthly Monody Charge Charge Charge Effective Effective Effective 07/012012 07/012D13 ; , 07!012014 $24.97 $28.06 $31.15 31.52 `35.43 39.32 62.40 70.14 77.84 94.58 106.31 117.98 185.66 208.66 231.60 310.16 348.61 386.89 622.50 699.97 776.51 1,446.00 1,625.00 1,804.00 2,392.00 2,66$.00 2,983.00 3,626.D0 4.075.00 4;523.00 49.90 ~ 55.72 61.~i g;gg 11.15 1238 Current Charge Monthly Effective Meter Size Charge 07/012011 3/4 inch $19.61 $22.21 1 inch 24.76 28.04 112 inch 49.02 55.52 2 inch 74.30 84.15 3 inch 145.85 165.18 4 inch 243.64 275.94... 6 inch 489.01 553.83 flinch 1,135.86 ' -1,286.00 10 inch 1,878.81 `2,128.00 12 inch 2,848.23 3,226.00 Por all non-residential uses in which public water service isnot available: 0-0 commodes .39.21 44.40 .Each additional commode over four (4) 7.84 8.89 The authority for establishment and/or increase in such fees is contained in Virginia Cotle Section .15.2-2122 A second Hearing will be held on Tuesday, April 27, 2010, at 6:00 p.m. in the City Council Chamber on`the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive,'Virginia Beach, Virginia. Information concerning the documentation and justification for the proposed fee .increase and the complete ordinance'are available for examination by the public at .the Central Library .and all branch libraries during scheduled hours of operation. This information is also available at the City Manager's Office, the City Clerk's Office and the Department of Management Services, in he City Hall Building, Municipal Center, between 5:00 a.m. and 5:00 p.m., Monday through Friday. This information can be accessed on the Cit~r's web site located at www.vbgov.com. These Hearings .are open to the public and all interested citizens will have an ..:opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. if you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, TDD - 711. - Ruth Hodges Fraser, MMC _ .. _ .. , _ ... ~ City Clerk ~-PUBLIC NOTICE NOTICE OF REAL ESTATE TAX RATE CHANGES Dn Thursday, April 22, 2010, at 6:00 p.m. at Tallwood High .School, 1668 fCempsville Road; Virginia Beach, Virginia, tite Urginia Beach City -Council will hold a Public Hearing `'concerning a'proposed ordinance establishing. the tax levy an'real estate for: the fiscal year 2011:, in accordance with Chapter 32 ofTitle 58.1 'of the Code of Virginia. A second Hearing will be held nn Tuesday, April 272010,- . at 6:00 p.m:.in the C'~ty Council Chamber on the second floor of the City ,Hall Building.(Building #1), 2401 Courthouse Drive, Urginia . ,.Beach, Virginia. The City Manager's proposed budget increases the real estate tax rate on all .real. estate from eighty-nine ce~rts ($0.89) an each one hundred dollars ($100) of assessed valuation to ninety-two cents ($0:92) on each one hundred dollars ($100) of assessed valuation, effective July 1, 2010. The proposed budget provides options for City Council to increase the real estate tax rate an additional one and one-tenth cents ($0.011 } per one hundred dollars ($100) of'assessed valuation beyond the proposed rate of ninety-two cents ($0.92) per one hundred dollars ($100) of assessed valuation.. This increase wouldprovide seven- tenths of one cent ($0.007) per one hundred dollars ($100) of assessed valuation to support the construction and staffing of the Williams Farm Commun"~ Recreation:' Center ..and an additional four-tenths of one cent ($0.004) per one hundred dollars ($100) of assessed valuation to upport the construction and staffing of the Animal Care and Adoption Center to replace the current facility. tf both projects are included, the real estate tax rate would be ninety- three and one-tenth cents ($0.931) per one hundred dollars ($100} of assessed valuation. Information concerning the documentation and justification far the. proposed tax. levy increase and the complete ordinance are.. available for examination by the public'at the Central Library and all branch libraries during scheduled hours of operation. This infomtation is also available at the Giiy Manager's Qffice, the City Clerk's Office and the Department of Management Services, in the City Hall Building,;. Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information can be accessed on the City's web. site.. located at www.vbgov.com. These Hearings are open to the public and all interested citizens will have an ,opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visualry impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, TDD - 711. Ruth Hodges Fraser, MMC _ . , , - . ~ , C'dy Clerk -- PUBLIC NOTICE NOTICE OF PERSONAL PROPERTY TAX RATE CHANGES On Thursday, April 22 2010, at 6:00 p.m. at Tallwood High School, 16613 Kempsville .Road, Virginia Beach, Virginia, the Virginia Beach City Council wily hold a Public Hearing concerning a proposed ordinance establishing the tax `levy on personal property and machinery and tools for the calendar year: 2011, in accordance with ..Chapter 35 of Title 58..1 of the Code of Virginia. A second .:..Hearing wiq be held on Tuesday,-April 27,' 2010, at 6:00 p.m. in °'the City. Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. The personal property tax rate on (a) aircraft flight simulators; (b) antique motor vehicles; and (c} personal vehicles, is ..proposed to increase from he rate of three dollars and seventy cents ($3.70) per one hundred doiiars {$100) of assessed valuation to the rate of three dollarsand eighty cents ($3.80) per one hundreddollars ($100) of assessed valuation, effective January 1, 20t1. The personal property tax rate on manufactured homes is proposed to increase #rom eighty-nine cents ($0.89) per one hundred dollars ($100) of assessed valuation to ninety-two cents .($0.92) per one hundred dollars ($100} of assessed valuation. If the City Council adopts a real estate tax rate at the maximum advertised rate of ninety-three and one-tenth cents ($0.931) per one hundred dollars ($100} of assessed valuation, the personal property rate on manufactured homes would be increased accordingly. Information concerning the documentation and justification for the proposed tax levy increase and the complete ordinance are available for examination. by the public at the Central Library and all branch libraries during scheduled. hours of operation. This information is also available at the City Manager's Office, the City Clerk's Office and the `Department of Management Services, in the City Hall Building, Municipal Center, between 8:00 a.m. and 5.00 p.m., Monday through Friday. This information can be 'accessed on the City's web site located at www.vbgov.com. These Hearings are open to the public and alt interested.. citizens will have an opportunity a be heard. Individuals desiring.. to provide written comments may do so by°contacting the .City Clerk's Office at 385-4303.. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. `Hearing impaired, TDD - 711. Ruth Hodges Fraser, MMC ... ~ ~ ., - ~ ~ City Clerk • i PUBLIC NOTICE NOTICE OF CIGARETTE TAX LEVY CHANGES On Thursday, April 22, 2010, at 6:00 p.m. at Tailwood High School, 1668 Kempsville Road, UrginiaBeach, Virginia, the Virginia Beach City Council will hold a Public Hearing concerning a proposed ordinance establishing the tax levy on cigarettes forthe fiscal year 2011,.. in accordance with Section_35-207 of the Code of the City of Virginia Beach. A second Hearing will beheld on Tuesday, April 27, 2010, at 6:00 p'.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1),:.2401 Courthouse Drive, Virginia Beach, Virginia. The tax levy on all cigarettes is proposed to increase from 30.50 mills per cigarette sold to 32.50 mills per cigarette sold, .effective July 1, 2010. Jnformation concerning the documentation and justification far the , proposed tax levy increase and the complete ordinance are available for examinatiorti by the public at the Central Library and all branch ibraries during scheduled hours of operation. This information is also available at the City Manager's Office, the City .Clerk's Office and the Department of Management Services, in the City Hall Building, Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information can be accessed on the City's web site located at www.vbgov.com. These Hearings are open to the public and ail interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. 'lfi you are physically'disabletl or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, TDD - 711. . ~ Ruth Hadges~Fraser, MMG Cit)rClerk .: a ... ~ of NOTIC NC PUBL11 HEAR1 Proposed Issuance of General Obligation Bonds in the Estimated Maximum Amount of ~s~, ~ so, o00 , OnThursday, April 22, 2010, at 6:00 p.m. at TaAwood High School, 166i3 Kempsville Road, Virginia Beach, Vf~ginia, the Council of the - - City of Virginia Beach, Virginia, will hold a Public'Hearing on the proposed issuance by the City of general obligation bonds in the estimated maximum amount of $68,180,000. The purpose of the bonds is to finance various public facility and improvement projects, including Schools, Roadways, Buildings, Economic .and 'Tpurism, and Parks and Recreation. A second Hearing will be held on Tuesday, April 27, 2010, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1),.2401 Courthouse Drive, Virginia Beach, Virginia. Interested citizens may appear at such time and place to present their views. Udividuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, ar by registering with-the Clerk immediately prior to 'the Hearings. If you, are physically disabled `or visually impaired 'and need assistance at this meeting, please call 385-4303: Hearing impaired; call TDD - 711. Ruth Hodges Fraser, MMC ..City Clerk....... PUBLIC NOTICE NOTICE OF fEE INCREASES SERVICE AVAILABILITY AND WATER USAGE RATES On Thursday, April 22,.2010, at 6:00. p.m. at Tallwood High. School,1668 KempsviAe Roatl, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing conceming'a proposed ordinance amending.. Sections 37-46 and 37-47 of the Gity Code to increase the minimum service availability and water usage charges, as follows: Section 37-46 -Minimum service availability charges Meter Current Monthly Monthly Charge --~ Size Charge Effective July 1, 2010 5/8 inch $4.10 $4.41 3!4 inch $5.25 $5.56 ` 1 inch $7.60 $7.91 1 1!2 inch $13.25 $13.56 2 inch $20.10.:... $20.41 3 inch :$36.00'. $36.31 4 inch ~ -$58.70 $59.01 6 inch :$116.00 $116.31 8 inch $184.00 $184.31 10 inch $264.00 $264.31 12 inch $491.00 $491.31 Fire Hydrant Meter $36.00 $36.31 , The proposed ordinance would also amend City Code Section 37-47 to increase the water usage rates (per one thousand gallons) from four dollars and ten cents ($4.10) per 1,000 gallons to four dollars and forty- ^~? cents ($4.41) per 1,000 gallons, effective July 1, 2010. The authority for the enactment of such fee increases is contained in Virginia Code Section 15.2-2143. A second Hearing will be held on Tuesday, April 27, 2010, at 6:00 p.m. in the City Council Chamber on the second#ioor of the City Hall Building (Building #1); 2401 Courthouse Drive, Virginia Beach, Virginia. Information concerning the documentation and justification fior the , proposed rate increase and the complete ordinance are available for. examination by the public at the Central Library and all branch libraries during scheduled hours of operation. This information is ,also available at the City .:Manager's Office, ;the City Clerk's Office and the Department of Management Services, in the City Hall Building,. Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information'cari be accessed~on the City's web site located at~ww.vbgov.com. These Hearings are open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. Ifyou are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, Tt)D - 711. Ruth Hodges Fraser, MMC City Clerk PUBLIC NOTICE NOTICE OF CERTAIN FEE `INCREASES On Thursday, April 22, 201.0, at 6:00 p.m. at Tallwood High School, 1668 Kempsville Road, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Nearing conceming proposed ordinances establishing fee changes for the fiscal year 2011, ,in accordance with the Code of the City of Virginia Beach. A second Hearing will be held on Tuesday, Apri127, 2010, at 6:00 p.m. in the City Council Chamber on the second floor of the City HaII Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia. The fee provided by City Code § .18-32, the initial and annual pawnbroker, junk dealer or secondhand dealer permitfee is proposed to increase fromtwenty-five dollars ($25.00) tonne-hundred dollars ..($100.00), effective July-1, 2010. `The fee provided by City Cade § 27-3, the precious metals permit is proposed to' increase from two hundred dollars ($200.00) to three hundred dollars ($300.00), effective July 1, 2010. The fee provided by City Code §§ 36-i 38 and 36-147, the application fee and annual renewal fora#axicab driver's permit is proposed too .increase from ten dollars ($10.00) to one hundred dollars ($100.00), effective July 1, 2010. The fee provided by City Code § 5-401, the adoption fee, is proposed to increase fromtwenty-five dollars ($25.00) to fifty dollars ($50.00) for_dogs; from twenty dollars-..($20.00) to forty dollars ($40,00) for cats; and an additional payment or deposit of one hundred dollars .($1.00.00). for. dogs and forty dollars.. ($40.00) for cats to cover the cost of sterilization services. Information concerning the documentation and justification for the. proposed fee increases and the complete ordinances are available for examination by the. public at the Central .Library and all branch... libraries during scheduled hours of operation. This information is also available at the City Manager's Office;the City Clerk's Office and the Department of Management Services, in the City Hall Building, Municipal.Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information can be accessed an the City s web s>te located at www.vbgov.com. These Hearings are open to the public and all interested citizens will have an opportunit)r to be heard. Individuals desiring to'provide written comments may tlo so by contacting the City Clerk's Office at 385-4303. If you are ...physically disabled or visually impaired, and need assistance at this meeting, please call 385-4303. Hearing impaired, TDD -711. Ruth Hodges jay. ~Gf 4 F' _ ~~ c~ "_ f~ ~s"'" ~^ F' PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-owned property on Tuesday, April 27, 2010, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following propert Approximately 7000 Square Feet of Space located at 225 17th Street If you are physically disabled or visually impaired and need assistance at -this meeting, please call the CITY CLERK'S OFFlCE at 385.4303. Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center (757) 385 5659. Ruth Hodges Fraser, MMC City Clerk Beacon April 11 & 18, 2010 21208675 .~~'~- ~ti .~ s,~ ~~.;~". r PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City-0wned property on Tuesday, April 27, 2010, at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following property: Approximately 9.617 acres, including a 38,000 square foot facility, located at 2200 Parks Avenue If you are physically disabled or visually impaired and need assistance at this meeting, ..please .call -the.. CITY ~ CLERK'S OFFlCE at 385-4303; Hearing impaired, call TDD only 711. Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center (757) 385 5659. Ruth Fraser, MMC City Clerk Beacon April 18, 2010 21238093 ~~ ~~ PUBLIC HEARING DEDICATION OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, April 27, 2010, at 6:00 p.m., in the Council Chamber of the City Hall Building (Bldg #1) at the Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to dedicate the following City property: Dedication of 3.171 acres of City property located at the comer of Faculty Blvd. and S. Rosemont Rd. (GPIN: 1485.741738) to the Commonwealth of Virginia, State Board of Community Colleges Any questions concerning this matter should be directed to the Office of Management Services, Building #1, at the Virginia Beach Municipal Center (757) 385-1857. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFlCE at 385-0303. Ruth Hodges Fraser, MMC City Clerk Beacon April 11 & 18, 2010. 21208665 .,r. ~1 8 ~~'. ~§ _-~ ~,, ~`~ ~f NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to land located at 3457 Land of Promise Road, 5125 Morris Neck Road, and 416 Princess Anne Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of $975,878. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on April 27, 2010, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon April 11 & 18, 2010 21220895 ~p ~~ 2 ~~~r~~. 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 Safety Improvements at the Intersection of Bonney Road and South Kentucky Avenue (CIP #2-018.002), Tuesday, April 27, 2010, at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "SAFETY IMPROVEMENTS AT THE INTERSECTION OF BONNEY ROAD AND SOUTH KENTUCKY AVENUE C.I.P. 2-018.002 • PWCN-09-0199" 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 obtain public input regarding authorizing condemnation, if necessary, for this project. If you are physically disabled or visually impaired and need assistance at ..this meeting, please call the CITY CLERK'S OFFlCE at 757385303; 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 Municipal Center, (757) 385-4161. Ruth Hodges Fraser, MMC ~ ~ City Clerk ~ ~ =. . Beacon April 18, 2010 21242726 w?- NOTICE OF PUBLIC HEARING '~A 4 !~` P f...~ .art 'S:Y r Proposed Exemptions from ~~~, ~~,,~s Real and Personal Property Taxation ~'~ By Designation On Tuesday, April 27, 2010, at 6:00 p.m. in the Council Chamber on the second floor of the City Hall building, Municipal Center, Virginia Beech, Virginia, the City Council of the City of Virginia Beach will hold a Public Hearing on ordinances to exempt the following entities from local real and/or personal property taxes: i Chesapeake Bav Wine Classic Foundation Tangible Personal Property Assessment: $350.00 Tangible Personal Property Taxes Due: $12.95 Real Estate Property Assessment: $0.00 Real Estate Property Taxes Due: $0.00 2 Hampton Roads Community Care. Inc. Tangible Personal Property Assessment: $6,007.00 Tangible Personal Property Taxes Due: $72.68 Real Estate Property Assessment: $0.00 Real Estate Property Taxes Due: $0.00 3 Life in Christ Ministries. Inc. Tangible Personal Property Assessment: $120.00 Tangible Personal Property Taxes Due: $1.78 Real Estate Property Assessment: $0.00 Real Estate Property Taxes Due: $0.00 4 The OrEanization Against Injustice & Social Malpractice (TOAISM) Tangible Personal Property Assessment: $1,158.00 Tangible Personal Property Taxes Due: $42.85 Real Estate Property Assessment: $0.00 Real Estate Property Taxes Due: $0.00 Copies of the proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to appear at the Hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at 1-800$28-1120. Ruth Hodges Fraser, MMC . ~ ,City,Clerk , .. - , , 4 , Beacon April 18, 2010 ~ ~ ~ - 21237935 L ORDINANCES/RESOLUTIONS Ordinances to AMEND the City Code: a. §23-50 re penalty for failure to comply with cutting excessive growth of weeds or grass DEFERRED January 26, 2010 February 23, 2010 March 23, 2010 b. §23-50.1 re penalty for failure to comply in the removal of certain trees DEFERRED January 26, 2010 February 23, 2010 March 23, 2010 c. §2-224.9 re officers of the Minority Business Council d. §2-450 re increasing Human Rights Commission membership 2. Resolution to AMEND an approved Plan of Financing with the City of Virginia Beach Development Authority to increase Refunding up to $150-Million 3. Resolution to AUTHORIZE the issuance a General Obligation School Bond, Series 2010, not to exceed $4,879,954 to be sold to the Virginia Public School Authority (VPSA) and issue as qualified school construction bonds 4. Ordinance to DECLARE City-owned property excess and AUTHORIZE the City Manager to convey same to Tidewater Community College re construction of a joint use library 5. Ordinance to AUTHORIZE the City Manager to execute a Lease, not in excess of five (5) years, with The Contemporary Art Center of Virginia at 2200 Parks Avenue 6. Ordinance to AUTHORIZE acquisition of right-of--way property in fee simple, by purchase or condemnation, including temporary and permanent easements for safety improvements at the intersection of Bonney Road and South Kentucky Avenue and AUTHORIZE the City Manager to make a reasonable offer to owners or persons having interest in said property 7. Ordinance to AUTHORIZE the City Manager to execute a Cost Participation Agreement with Hollis Road Associates, L.L.C. re construction of stormwater improvements for Indian River Road Phase VII and the Rose Glen Manor Subdivision Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) easements: a. Richard C. Cocke and Carol A. Clarke in the amount of $449,106 at 416 Princess .Anne Road 1'~. Truman D. Baxter, Jr. in the amount of $288,344 at 3457 Land of Promise Road ~-. Walter J., Jr. and Jennifer S. Roe in the amount of $238,428 at 5125 Morris Neck Koad 9. Ordinance to AUTHORIZE a temporary encroachment into a portion of City-owned I~roperty for Wolfgang J. and Terri J. Bay to construct and maintain a bulkhead at 2404 `Windward Shore Drive 10. Ordinances to EXEMPT certain organizations from Personal Property Taxes: a. The Organization Against Injustice and Social Malpractice (TOAISM) b. Life in Christ Ministries, Inc. c. Hampton Roads Community Care, Inc. d, Chesapeake Bay Wine Classic Foundation 11. Ordinance to APPROPRIATE $300,000 from the U. S. Department of Homeland Security re USAI Interoperable Communications Technology Grant in the FY 2009-10 Capital Budget 12. Ordinance to TRANSFER $200,000 from the General Fund Reserve for Contingencies to the Department of Housing and Neighborhood Preservation FY 2009-10 Operating Budget re demolishing a structure that presents an imminent public safety hazard Nu ae~ 4 ~~~~+.~ ~.~ ~{ r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1) An Ordinance to Amend City Code § 23-50 Pertaining to Excessive Growth of Weeds or Grass 2) An Ordinance to Amend City Code § 23-50.1 Pertaining to the Removal of Certain Trees MEETING DATE: April 27, 2010 ^ Background: City Code Section 23-50 provides that upon determination there exists on any land or premises within the city, including the area between such land or premises and the curb line, any grass, weeds, brush or similar vegetation in excess of ten (10) inches in height, notice shall be served on the owner of such land or premises or his or her agent, or on the occupant thereof, or both, to cause such grass, weeds, brush or similar vegetation to be cut and removed from such land or premises within seven (7) days from the date of such notice. City Code Section 23-50.1 provides that if a tree, by reason of disease, death, injury, infirmity or other condition, presents a danger to property or the health or safety of people or other trees or vegetation, the City shall serve notice on the owner of the land that the tree must be removed within a reasonable period of time (not sooner than seven days from the notice but no later than thirty days from the notice). If the danger posed by the tree can be eliminated by removing only a portion or portions of the tree, then the notice will specify that only those portions must be removed. This item was deferred by City Council three times (January 26, 2010 until February 23, 2010, February 23, 2010 until March 23, 2010, and March 23, 2010 until April 27, 2010). ^ Considerations: Currently, failure to comply with cutting excessive weeds or grass after a notice is issued and served is currently punishable as a class 2 misdemeanor. The ordinance amending this section would instead provide that failure to comply with notices for either of these two sections shall be punishable by a civil penalty not to exceed $100 for a'first violation and $150 for each subsequent violation. Similarly, failure to remove such a tree (or portions thereof) within the time prescribed by the notice is punishable as a Class 4 misdemeanor (conviction of which is subject to a fine of up to $250). The ordinance amending this section provides that a failure to comply with the notice shall be a civil penalty not to exceed $250. The Code continues to provide that the City may remove such a tree (or portions thereof) or weeds or grass at the property owner's expense, along with an administrative fee of $150. ^ Public Information: This item will be advertised in the same manner as other agenda items,. This item was previously advertised in the January 26, 2010, February 23, 2010, and March 23, 2010 City Council agendas. ^ Attachments: Ordinances Requested by' Councilmember DeSteph REQUESTED BY COUNCILMEMBER DeSTEPH 1 AN ORDINANCE TO AMEND CITY CODE §23-50.1 2 PERTAINING TO REMOVAL OF CERTAIN TREES 3 4 SECTION AMENDED: §23-50.1 5 g BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 g That Section §23-50.1 of the City Code is hereby amended and reordained to 10 read as follows: 11 12 Sec. 23-50.1. Removal of certain trees. 13 14 (a) Upon determination by the code enforcement administrator or the city arborist, or 15 the officers or employees of their respective departments, that there exists upon 16 any land or premises within the city any tree which, by reason of disease, death, 17 injury, infirmity or other condition, presents a danger to property or to the health 1 g and safety of persons or other trees or vegetation, notice shall be served upon 1 g the owner of such land or premises or his or her agent or upon the occupant 20 thereof to cause such tree to be removed within a reasonable period of time, not 21 less than seven (7) days nor more than thirty (30) days, specified in such notice. 22 ~ If the danger presented by such tree may be eliminated by the removal of a 23 portion of such tree, the notice shall specify the portion or portions of the tree to 24 be so removed. For purposes of this section, the term "tree" shall be construed to 25 include the plural of the term. 26 27 (b) Service of the notice provided for herein shall be by personal service or by 28 certified or registered mail. In the event the land or premises are vacant and the 29 owner thereof or his or her agent cannot be found by the exercise of due 30 diligence, such notice shall be given by certified or registered mail to the last- 31 known residence or post office box address of the owner and, in addition thereto, 32 shall be posted in a conspicuous place upon the premises. Service of such notice 33 upon one owner or occupant in any manner provided for herein shall be sufficient 34 in the event such land or premises is owned or occupied jointly. 35 36 (c) Failure to comply with the terms of a notice issued and served as provided in this 37 section within the time prescribed by such notice shall be punishable as-a-G~ss 38 by a civil penalty not to exceed $250.00. In addition to any #ine 39 civil penalty imposed hereunder, the code enforcement administrator may, in the 40 name of the city, institute legal action to enjoin the continuing violation of this 41 section and may remove or contract for the removal of any such tree or portion 42 thereof, in which event the cost of such removal, including an administrative fee 43 in the amount of one hundred fifty dollars ($150.00), shall be charged to the 44 person or persons named in the notice and collected by action at law or as 45 delinquent real estate taxes are collected, or both. The remedies provided for 46 herein ;;hall be cumulative in nature. 47 48 (d) The provisions of this section shall not apply to any parcel of land greater than 49 one acre in size which is located in an agricultural zoning district and used 50 princip~illy for agricultural or horticultural purposes. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 53 of , 2010. APPROVED AS TO LEGAL SUFFICIENCY': 7 ~~ ity A orney's Office CA11325 R-4 April 19, 2010 REQUESTED BY COUNCILMEMBER DeSTEPH 1 AN ORDINANCE TO AMEND CITY CODE §23-50 2 PERTAINING TO EXCESSIVE GROWTH OF 3 WEEDS OR GRASS 4 5 SECTION AMENDED: §23-50 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section §23-50 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Sec. 23-50. Accumulations of trash, garbage, etc., or excessive growth of weeds 14 or grass. 15 16 (a) Except as provided in subsection (e) hereof, upon determination by the 17 director of housing and neighborhood preservation, the code enforcement administrator, 18 or any inspector of the department of housing and neighborhood preservation, whether 19 temporarily or permanently employed as such, that there exists upon any land or 20 premises within the city, including the area between such land or premises and the curb 21 line, any trash, garbage, refuse, litter or similar substances, except as may be placed 22 thereon for purposes of collection in accordance with chapter 31 of this Code, notice 23 shall be served on the owner of such land or premises or his or her agent, or on the 24 occupant thereof, or both, to cause such trash, garbage, refuse, litter or similar 25 substances to be removed from such land or premises within seven (7) days from the 26 date of such notice. 27 28 (b) Except as provided in subsections (e) and (f) hereof, upon determination 29 by the director of housing and neighborhood preservation, the code enforcement 30 administrator, or any inspector of the department of housing and neighborhood 31 preservation, whether temporarily or permanently employed as such, that there exists 32 on any land or premises within the city, including the area between such land or 33 premises and the curb line, any grass, weeds, brush or similar vegetation in excess of 34 ten (10) inches in height, notice shall be served on the owner of such land or premises 35 or his or her agent, or on the occupant thereof, or both, to cause such grass, weeds, 36 brush or similar vegetation to be cut and removed from such land or premises within 37 seven (7) days from the date of such notice. 38 39 (c) Service of the notice provided for in subsections (a) and (b) shall be by 40 first-class mail, personal delivery or posting in a conspicuous place upon the land or 41 premises; provided, however, that if the land or premises are unoccupied and the owner 42 or his or her agent cannot be found by the exercise of due diligence or are unknown, 43 such notice shall be sufficient against the owner if given by first-class mail to the 44 owner's last known mailing address and posted in a conspicuous place upon the land or 45 premises. The code enforcement administrator and inspectors of the department of 46 housing and nE~ighborhood preservation are hereby authorized to deliver or post such 47 notices. One rnotice (as provided for in subsection (b)) per growing season is hereby 48 deemed reasonable notice to owners of vacant developed or undeveloped property to 49 authorize the city to remove or contract for the removal of any excessive growth of 50 grass, weeds, E~rush or similar vegetation for the entire growing season. 51 52 (d) F~cilure to comply with the terms of a notice issued and served as provided 53 in this section within the time prescribed in such notice shall 54 ~+sder~eaflef be punishable by a civil penalty in an amount not to exceed One Hundred 55 Dollars ($100.0~~ for the initial summons and not more than One Hundred Fifty Dollars 56 ($150.00) for e~~ch additional summons. Each day during which the violation is found to 57 have existed sF~all constitute a separate offense However specified violations arising 58 from the same ~~perative set of facts shall not be charged more frequently than once in 59 any ten-day period, and a series of specified violations arising from the same operative 60 set of facts shall not result in civil penalties which exceed a total of Three Thousand 61 Dollars ($3,000. In addition to any penalties imposed hereunder, the city may 62 institute legal action to enjoin the continuing violation of this section and may remove or 63 contract for the removal of such trash, garbage, refuse, litter or similar substances or 64 grass, weeds, brush or similar vegetation, in which event the cost and expenses 65 thereof, including an administrative fee in the amount of one hundred fifty dollars 66 ($150.00), shall be chargeable to and paid by the owner or occupant of. the land or 67 premises. Any such charge which is not paid within thirty (30) days of the date on which 68 it is~ billed to the owner of such land or premises shall constitute a lien upon the property 69 and may be collected in any manner provided by law for the collection of taxes; 70 provided, however, that no such lien shall be valid against any owner of land or 71 premises who ~~vas not served with the notice prescribed in subsection (a) or (b) 72 hereinabove, as the case may be. 73 74 (e) The provisions of this section shall not apply to any parcel of land greater 75 than one (1) acre in size which is (1) located in an agricultural zoning district or enrolled 76 in the land use ~issessment program and (2) used principally for agricultural, silvicultural 77 or horticultural purposes. 78 79 (f) Thee provisions of subsection (b) shall not apply to the following areas: 80 81 (1) Portions of undeveloped lots, parcels or tracts of land which are not 82 located within one hundred fifty (150) feet of a paved road; 83 (2) Portions of undeveloped lots, parcels or tracts of land which are not 84 located within one hundred fifty (150) feet of any other property, developed or 85 undevelot~ed, located in a Residential, Apartment, Business, Office, Resort 86 Tourist or Industrial Zoning District; 87 (3) Portions of undeveloped lots, parcels or tracts of land which are 88 inaccessik~le to power mowing equipment; gg (4) Areas required by the Chesapeake Bay Preservation Area 90 Ordinance [appendix F] or the Southern Watersheds Management Ordinance 91 [appendix G] to be vegetated; 92 (5) Vegetated wetlands, as defined in the Wetlands Zoning ordinance 93 [appendix A, article 14]; 94 (6) Nontidal wetlands located within Resource Protection Areas; 95 (7) Coastal primary sand dunes; 96 (8) State-designated Wildlife Habitat Areas; 97 (9) Banks of detention ponds, streams, and other bodies of water, 98 natural or manmade; 99 (10) Banks of drainage easements; 100 (11) Wooded areas, including understory vegetation; and 101 (12) Any other area required to be vegetated by reason of the 102 application of the City Zoning Ordinance [appendix A], Subdivision Ordinance 103 [appendix B], Site Plan Ordinance [appendix C], Stormwater Management 104 Ordinance (appendix D], Chesapeake Bay Preservation Area Ordinance 105 [appendix F], Southern Watersheds Management Ordinance [appendix G], or 106 any other ordinance or provision of law. 107 108 (g) As used in this section, the term "developed" shall refer to any lot, parcel 109 or tract of land upon any portion of which there has been placed any building, structure 110 or other improvement or upon any portion of~which there has been any land-disturbing 111 activity, including, without limitation, paving, filling, grading, dredging, clearing or 112 excavating. 113 114 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 115 of , 2010. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA11366 R-6 April 19, 2010 J .~~ `5,''G) cos ?` .,.s t;'~y ~~ ~~ +~ ~i ~L.,:.,.::~'J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 2-224.9 Pertaining to Officers of the Minority Business Council MEETING DATE: April 27, 2010 ^ Background: The City Council created the Minority Business Council ("MBC") to advise Council and the City Manager regarding the City's procurement practices. The MBC's duties are focused on encouraging the participation of small, woman-owned, and minority-owned ("SWAM") businesses, as well as businesses owned by disabled veterans, in City contracting opportunities. Recent MBC initiatives include proposing a resolution, adopted by City Council, that sets a 10% goal for minority participation in City contracting; development of an Administrative Directive, enacted by the City Manager, that sets forth procedures to help ensure the ability of SWAM businesses to compete in smaller department-level procurements; proposing an ordinance, adopted by City Council, to add service-disabled veterans to the City's SWAM ordinances; hosting educational and networking events; helping the City identify SWAM and disabled veteran-owned businesses for inclusion in contract solicitations; and creating an associates program to assist the MBC and to serve as a training ground for eventual potential appointment to the MBC. During its April meeting, the MBC voted to recommend to City Council an ordinance that would revise the current City Code prohibition against the MBC chair or vice-chair serving more than two consecutive one-year terms in the same office. Because so many of the MBC's initiatives are multi-year efforts, allowing the MBC to reelect its chair or vice-chair would better enable the MBC to achieve its goals. ^ Considerations: This ordinance replaces the current Code provision that prohibits an officer from serving more than two consecutive terms as chair or vice-chair with a provision that would instead prohibit a member from serving more than four one- yearterms as chair or vice-chair. ^ Public Information: Public information will be provided through the normal Council agenda process. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manage . ~~ Financ~.~~~=-r/ u,~~~- 1 AN ORDINANCE TO AMEND SECTION 2- 2 224.9 OF THE CITY CODE PERTAINING TO 3 OFFICERS OF THE MINORITY BUSINESS 4 COUNCIL 5 6 SECTION AMENDED: § 2-224.9 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-224.9 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 2-224.9. Minority business council composition; appointment and terms of 15 members, etc. 16 17 (a) The City of Virginia Beach Minority Business Council shall consist of at 18 least nine (9) but not more than eleven (11) members. 19 20 (b) The members of the minority business council shall be appointed by the 21 city council for terms of two (2) years; provided, however, that the initial terms of several 22 members may be for one year in order to allow for staggered expirations of the terms of 23 members. Of those members appointed, one member may be a member of city council. 24 25 (c) The meeting in June of each year shall be the annual organizational 26 meeting at which the minority business council shall elect, from among its members, a 27 chair and vice-chair. The chair and vice-chair shall each serve for a term of one year, or 28 until his or her respective successor has been elected. Both the chair and the vice-chair 29 may be re-elected; provided, however, that no member shall serve more than twe-{~ 30 four 4 consecutive one-year terms in the same office. 31 32 (d) Attendance records shall be kept at each meeting of the minority business 33 council, and an annual report of attendance shall be submitted to city council through 34 the city clerk's office. No member shall accumulate an annual total of (i) more than three 35 (3) absences or (ii) absences exceeding one-fourth of the number of meetings held, 36 whichever is lesser, for reasons other than personal illness, death or other unusual 37 circumstances. If this limitation is exceeded, the chairperson shall report to the city clerk 38 the name of the minority business council member whose unexcused absences exceed 39 the number set forth herein. The city clerk shall then notify such member in writing, with 40 copies to the city council, that, due to absences in excess of the number allowed herein, 41 his or her membership is terminated. Thereafter, the city clerk shall forward the vacancy 42 to the city council for appointment of a new minority business council member to serve 43 for the remainder of such terminated member's term. 44 45 (e) Notwithstanding the provisions of subsections (b) and (d) of this section, 46 all members of the minority business council shall serve at the pleasure of city council. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVED A~~ TO CONTENT: Finance Department APPROVED AS TO LEGAL SUFFICIENCY: ~/ City Attorney's Office CA11498 R-1 April 13, 2010 i~-~ti14~gL'~ r_va.. AC,S;~ r'O`` ,. .~?, ii Ss ~ _ , _~_.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-459 of the City Code to Increase the Membership of the Human Rights Commission MEETING DATE: April 27, 2010 ^ Background: City Council created the City's Human Rights Commission in 1991 to advise City Council on human rights issues in the City. The Commission's duties include conducting educational programs; serving as a forum for the discussion of human rights issues; conducting studies and proposing solutions for the improvement of human relations in the City; and providing assistance to citizens who believe their rights have been violated by referring those citizens to the appropriate federal, state or local agency that can address the complaint. Recent projects of the Commission include a community outreach program, in conjunction with the Police Department, in the Atlantis and Northridge neighborhoods; hosting forums on human rights issues; the annual human rights awards program to recognize individuals and groups that make positive contributions to the City; a diversity art contest for school students; and an in-depth review and evaluation of the hiring practices of the Police and Fire Departments, which culminated in the release a 103-page detailed report filled with recommendations to strengthen the recruitment and hiring of minorities in those departments. During its April meeting, the Commission unanimously voted to recommend to City Council an ordinance that would increase the membership of the Commission from eleven members to fifteen. Providing City Council with an opportunity to make four additional appointments to the Commission will enable Council to appoint members who more accurately reflect the diversity of our community. ^ Considerations: This ordinance increases the membership of the Human Rights Commission from eleven members to fifteen. ^ Public Information: This item will be advertised in the same manner as all other agenda items. ^ Attachments: Ordinance Recommended Action: Approval Submittin De artment/A enc :Human Resourc~-~~"m 9 P 9 Y City Manag ~ , 1 AN ORDINANCE TO AMEND SECTION 2-459 OF THE CITY 2 CODE TO INCREASE THE MEMBERSHIP OF THE HUMAN 3 RIGHTS COMMISSION 4 5 SECTION AMENDED: § 2-459 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section § 2-459 of the City Code is hereby amended and reordained, to read 11 as follows: 12 13 Section 2-459. Commission established; composition; appointment and terms of 14 members; etc. 15 16 (a) There is hereby created the City of Virginia Beach Human Rights 17 Commission which shall consist of °'°~~'~ fifteen 15 members. 18 19 (b) The members of the commission shall be appointed by the city council. Of 20 those first appointed, three (3) members shall be appointed for a term of one (1) year; four 21 (4) for a term of two (2) years; four (4) for a term of three (3) years; and thereafter all 22 appointments shall be for a term of three (3) years. The commission shall elect, from its 23 members, achairperson, avice-chairperson, and such other officers as the commission 24 may deem appropriate. 25 26 (c) Attendance records shall be kept at each meeting of the commission, and an 27 annual report of attendance shall be submitted to city council through the city clerk's office. 28 No member shall accumulate an annual total of more then three (3) absences (not to 29 exceed one-fourth of the total number of meetings) for reasons other than personal illness, 30 death or other unusual circumstances. If this limitation is exceeded, the chairperson shall 31 report to the city clerk the name of the commission member whose unexcused absences 32 exceed the number set forth herein. The city clerk shall then notify in writing, with copies to 33 the city council, the commission member that, due to absences in excess of the number 34 allowed herein, their term of membership on the commission terminated. Thereafter, the 35 city clerk shall forward the vacancy to the city council for appointment of a new commission 36 member. 37 38 (d) Notwithstanding the provisions of subsections (b)and (c), all members of the 39 commission shall serve at the pleasure of city council. 40 41 (e) Members of the commission shall serve without compensation, but funds may 42 be appropriated in the annual budget for reasonable and necessary expenses to be 43 incurred by the commission in the conduct of its prescribed functions. 44 1 45 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 46 day of , 2010. APPROVED AS TO CONTENT: H man Resources APPROVED AS TO LEGAL SUFFICIENCY: ~~~~ City Attorney's O i e CA11495 R-2 April 16, 2010 2 ~u eel ~'~ ~ ~.~ 4w~''y«~~.. ~`~~vw~ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Resolution Amending an Approved Plan of Financing with the City of Virginia Beach Development Authority MEETING DATE: April 27, 2010 ^ Background: On March 9, 2010, City Council authorized the issuance of Development Authority Bonds of $17,000,000 Public Facility Revenue Bonds, Series 2010A (New Money) and up to $85,000,000 Public Facility Refunding Revenue Bonds (PFRBs). Recently, the City's Financial Advisor, Government Finance Associates (GFA), has advised that while the financial market is very volatile, there is the possibility to refund additional PFRBs. The Virginia Beach Development Authority at its April 20, 2010 meeting approved a resolution recommending the amendments to the City's Financing Plan that were suggested by GFA. ^ Considerations: In order to take advantage of additional debt service savings the attached resolution amends the March 9th Council Resolution to allow an increase in the size of the refunding up to $150,000,000. There is no guarantee that the final size of the refunding will utilize the entire amount authorized. Market conditions at the time of the sale will determine the final amount of PFRBs to be refunded. The sale is scheduled for May 12, 2010. All other parameters and provisions of the March Stn Council Resolution will remain in place. After the sale, final terms of the bond sale will be provided to City Council. ^ Public Information: Public information will be handled through the normal Council agenda process. A similar resolution was part of the VBDA agenda on April 20, 2010. The original Resolution of March 9th authorized the distribution of the Preliminary Official Statement for marketing purposes. Also, a Notice of Sale will be placed in The Bond Buyer. ^ Alternatives: If not approved, the maximum authorize amount of the refunding would remain at $85 million. ^ Recommendations: Approval of the Amended Plan of Finance by City Council. ^ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Finance City Manager: ~. RESOLUTION AMENDING AN APPROVED PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, on March 9, 2010 the City Council of the City of Virginia Beach, Virginia (the "City") adopted a resolution (the "Prior Resolution") entitled "RESOLUTION APPROVING A PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME," which Prior Resolution approved a plan of financing with the City of Virginia Beach Development Authority (the "Authority") to finance certain new projects and to achieve debt service savings by refinancing all or portions of certain public facility revenue bonds, series 2002A, 2003A, 2005A and 2007A (the "Prior Bonds") previously issued by the Authority on behalf of the City to finance various public facilities; and WHEREAS, in the Prior Resolution, the City requested the Authority's assistance through the issuance of its public facility revenue bonds in the maximum principal amount of $17,000,000 for the new projects and its public facility refunding revenue bonds in the maximum principal amount of $85,000,000 to refinance all or a portion of the Prior Bonds; and WHEREAS, the City has subsequently determined in consultation with its financial advisor, Government Finance Associates, Inc., that favorable market conditions may permit greater debt service savings to be achieved by increasing the potential size of the Authority's refunding bonds to $150,000,000 to refinance the Prior Bonds, and the City Council desires to take advantage of such potential: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The plan for refinancing the Prior Bonds approved in the Prior Resolution providing for the issuance of not more than $85,000,000 of the Authority's refunding revenue bonds is hereby amended to provide for the Authority to issue not more than $150,000,000 in principal amount of such bonds to refund the Prior Bonds. The City Manager and other appropriate' officers of the City are directed to request the Authority approve the amendment to the financing plan for the increase in the not-to-exceed amount for such refunding bonds, and take actions as are necessary and appropriate to implement the request. 2. Except as amended herein, the Prior Resolution is ratified and confirmed. 3. This Resolution shall take effect immediately. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of April, 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: GC. 1y ~ Finance Department City A ey's Office CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. ~~ meeting of the City Council was held on April _, 2010, 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: William D. Sessoms, Jr., Mayor / Louis R. Jones, Vice Mayor _ _ / Rita Sweet Bellitto _ _ / Glenn R. Davis _ _ / Bill R. DeSteph _ _ / Harry E. Diezel _ _ / Robert M. Dyer _ _ / Barbara M. Henley _ _ / John E. Uhrin _ _ / Rosemary Wilson _ _ / James L. Wood _ _ / - - / VOTE: 2. T:he foregoing Resolution is a true and correct copy of such Resolution as adopted on April _, 2010. 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 day of April, 2010. Clerk, City Council of the City of Virginia Beach, Virginia (SEAL) 1938389v1 2 ,~~.~ ~, ~ro ~.. .. -'s~ ~4}}~~ ~~ ~. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the City of Virginia Beach, Virginia, Authorizing the Issuance of a General Obligation School Bond, Series 2010, in an Amount not to Exceed $4,879,954 to be Sold to the Virginia Public School Authority and Providing for the Form, Details and Payment Thereof MEETING DATE: April 27, 2010 ^ Background: On June 23, 2009, City Council approved a resolution for the Virginia Beach School Board to submit an application to the Virginia Board of Education for a Literary Fund Loan of $4,879,954 to finance a portion of the construction of College Park Elementary School. The application was approved by the Virginia Board of Education, and the project was placed on the Literary Fund First Priority Waiting List. On February 17, 2009, the American Recovery and Reinvestment Act of 2009 ("ARRA") was enacted. It authorized the issuance of Qualified School Construction Bonds (QSCB). Originally, QSCBs were tax credit bonds designed to bear no interest. In lieu of interest, the investor would receive a tax credit that could be applied against a federal tax liability. Due to the poor economic conditions, there has been very little demand for these types of bonds. As a result, Congress has revised the tax credit bond programs (including QSCBs) to allow for a direct pay subsidy option in an effort to secure the zero interest cost objective of the programs. With an effective date of March 18, 2010, the revised tax credit bonds will be similar to the Build America Bonds (BABs) Program, also part of the ARRA. Like BABs, the new QSCBs will be taxable bonds. Unlike BABs, which qualify fora 35% direct-pay interest subsidy, QSCB borrowers will qualify for an interest subsidy of up to 100% from the federal government. These bonds can be used to finance school energy efficiency improvements and renovations or projects on the First Priority Waiting List. The School Board requested in their resolution of April 20th that the City Council issue general obligation bonds in an aggregate principal amount not to exceed $4,879,954 to VPSA for the purpose of financing a portion of the construction of College Park Elementary School. ^ Considerations: This item authorizes the issuance of not-to-exceed $4,879,954 General Obligation School Bonds to be sold to VPSA. The resolution provides for the terms and details of the transaction and authorizes the City Manager to enter into a Bond Sale Agreement with VPSA. The VPSA financing through the QSCB program is provided at a zero percent (0%) rate. With the QSCB interest subsidy, the City should save an estimated $1.3 million in debt service costs over the life of the bonds compared to issuing this debt using a standard general obligation bond process. The VPSA financing is planned for the week of May 24. This is not a new authorization of debt. This issuance of bonds was authorized by ordinance adopted by City Council on May 12, 2009 as part of the City Charter bonds approved for school purposes. This issuance is a part of school debt that is authorized and unissued ~~t this time. ^ Public Information: Public notice will be provided through the normal Council agenda proce:~s. This item was also a part of the School Board agenda on April 20, 2010. A copy of the Proceeds Agreement is available for inspection in the City Clerk's Office. ^ Alternative: Remain on the Literary Fund Loan waiting list until funds become available, which will be at a higher interest rate. ^ Recomirendations: The new Qualified School Construction Bond program finances a por7rion of the College Park Elementary School project at a 0% interest rate through the VP'SA. Therefore, the resolution is recommended for approval. ^ Attachments: Resolution; Adopted School Board Resolution; Draft Bond Sale Agreement Recommended Action: Approval of Resoluti Submitting De~partment/Agency: Finance City Manager S RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA AUTHORIZING THE ISSUANCE OF A GENERAL OBLIGATION SCHOOL BOND, SERIES 2010, IN AN AMOUNT NOT TO EXCEED $4,879,954 TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF After holding~a public hearing in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"), the issuance of $62,900,000 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 12, 2009, 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, $4,443,112 of which are scheduled to be issued. The School Board of the City has, by resolution, requested the City Council to authorize the issuance of its local school bond and consented to the issuance thereof to the Virginia Public School Authority ("VPSA") which has offered to purchase such bond along with bonds of certain other localities with a portion of the proceeds of bonds expected to be issued by VPSA in June 2010 (the "VPSA Bonds"); and VPSA intends to issue the VPSA Bonds as "qualified school construction bonds" ("QSCBs") within the meaning of Section 54F of the Internal Revenue Code of 1986, as amended (the "Tax Code"), which section was added to the Tax Code by the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5, 123 Stat. 355), enacted on February 17, 2009; and VPSA intends to elect to treat the VPSA Bonds as "specified tax credit bonds" under Section 6431 of the Tax Code, as amended by the Hiring Incentives to Restore Employment Act (Pub. L. No. 111-147, 123 Stat. 301), enacted on March 18, 2010, which status enables an issuer of a QSCB to receive a direct payment of a refundable credit in lieu of providing a tax credit to the purchaser or holder of the QSCB; and The refundable credit payable with respect to each interest payment date will be equal to the lesser of (i) the amount of interest payable under the QSCB on such date or (ii) the amount of interest which would have been payable under the QSCB on such date if such interest were determined at the applicable credit rate determined under Section 54A(b)(3) of the Tax Code (that is, the rate used in computing the amount of tax credit that could be claimed by the QSCB holder absent the "specified tax credit bond" refundable credit election); and Subject to the terms and conditions set forth or referred to below, VPSA will transfer to the City the allocable portion of the refundable credit received by VPSA with respect to the VPSA Bonds; and The allocation of QSCB volume cap pursuant to which VPSA will issue the VPSA Bonds was made by Executive Order 110 (2010) issued by the Governor of the Commonwealth of Virginia on January 13, 2010 (the "Executive Order") to finance specified public school projects, including the Ciity's College Park Elementary School project for which $4,879,954 is allocated in the Executive Order; and The Citr~ Council of the City has determined that it is necessary and expedient to borrow an amount not to exceed $4,879,954 and to issue its general obligation school bond for the purpose of financing a portion of the cost of constructing a replacement facility for College Park Elementary School and removing the existing school building (the "Project"), which constitutes a capital projecr. for school purposes; and City Council further acknowledges that the allocation by VPSA to the City of the City's share of issuance costs, any reserve requirements and any original issue discount related to the VPSA Bonds will likely result in the receipt by the City of net proceeds from VPSA in an amount less than $4,879,954. NOW, 'CHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIR~sINIA BEACH, VIRGINIA: 1. ~!-uthorization of Local School Bond and Use of Proceeds. The City Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bond in ;~ principal amount not to exceed $4,879,954 (the "Local School Bond") for the purpose of financing the Project and certain issuance costs of the Local School Bond. The City Council hereby authorizes the issuance and sale of the Local School Bond in the form and upon the terms established pursuant to this Resolution and the Bond Sale Agreement (herein defined). 2. Sale of the Local School Bond. It is determined to be in the best interest of the City to accept the offer of VPSA to purchase the Local School Bond at a price determined by VPSA and acceptable to the City Manager. The City Manager and such other officer or officers of the City as the City Manager may designate are hereby authorized and directed to enter into a Bond Sale Agreement with VPSA providing for the sale of the Local School Bond to VPSA. The agreement shall be in substantially the form on file with the City, which form is hereby approved (the "E3ond Sale Agreement"). 3. Details of the Local School Bond. The Local School Bond shall be dated the date of its issua~lce and delivery; shall be designated "General Obligation School Bond, Series 2010;" or such other designation as may be appropriate as determined by the City Manager; shall bear interest from the date of delivery thereof payable quarterly or semi-annually on dates specified by VPSA (each, an "Interest Payment Date" at the rates established in accordance with Section 4 of this Resolution; and shall mature annually in the years (each a "Principal Payment Date") and in the amounts (the "Principal Installments") determined by the City Manager, subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that the true interest cost of the Bonds does not exceed seven and a half percent (7.50%) per annum. The Interest Payment Dates and the Principal Installments may be specified by VPSA. The City Manager is hereby authorized and directed to accept the final Interest Payment Dates and the Principal Installments at the request of VPSA based on the final term to maturity of the VPSA Bonds, requirements imposed on VPSA by the nationally-recognized rating agencies and the final principal amount of the Local School Bond; provided, however, that the principal amount 2 of the Local School Bond shall not exceed the amount authorized by this Resolution and the final maturity of the Local School Bond shall be no later than the earlier of December 31, 2029 and the latest maturity date permitted under Section 54A of the Tax Code. The City acknowledges and agrees that VPSA may charge the City an administrative fee of up to five one hundredths of one percent (0.05%) over the interest rate to be paid by VPSA on the VPSA Bonds (the "Annual Administrative Fee"). The execution and delivery of the Local School Bond as described in Section 9 hereof shall conclusively evidence the final Principal Installments as having been accepted by on behalf of the City as authorized by this Resolution. 5. Acknowledgement of Disclaimer. The City acknowledges that the interest rate on the Local School Bond will be set at the level necessary to pay the interest on the allocable portion of the VPSA Bonds plus VPSA's the Annual Administrative Fee, if any, and that the City will be obligated to pay interest on the Local School Bond at the stated taxable rate thereon regardless of the elimination or reduction of the refundable credit to be received by VPSA due to (i) any amendments by Congress to Sections 54A, 54F or 6431 or any other applicable sections of the Tax Code, (ii) any guidance or changes to guidance provided by the U.S. Department of Treasury or the Internal Revenue Service, or (iii) any action or omission by VPSA, the City or any other locality selling local school bonds to VPSA in connection with the VPSA Bonds that causes the VPSA Bonds to lose their status as QSCBs and/or specified tax credit bonds in whole or in part. It is also acknowledged that the City has the right to affect an extraordinary optional redemption of the Local School Bond in whole or in part upon the occurrence of any of these events as provided in the form of Local School Bond. 6. Certain Investment Earnings. The City Council hereby acknowledges that VPSA will (i) issue the VPSA Bonds with multiple maturities or with a single "bullet" maturity, in either case, with a final maturity date on or shortly before the latest maturity date permitted for the VPSA Bonds under Section 54A of the Tax Code and (ii) invest the Principal Installments for the benefit of the City until they are applied to pay the principal of the VPSA Bonds and (iii) either remit the investment earnings periodically to the City or credit the investment earnings against the City's obligation to make Principal Installments, at the option of VPSA. The City Council further .acknowledges that VPSA may cause a portion of such earnings to be deposited into a reserve fund or account to be applied by VPSA for use to pay the costs, fees and expenses described in Section 15 below. Any balance in such reserve fund or account attributable to investment earnings on the City's Principal Installments as reasonably determined by VPSA will be remitted or credited to the City on the final maturity date of the VPSA Bonds. 7. Form of the Local School Bond. The Local School Bond shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 8. Payment; Paving Agent and Bond Registrar. The following provisions shall apply to the Local School Bond: (a) For as long as VPSA is the registered owner of the Local School Bond, all payments of principal of and interest, if any, and premium, if any, on the Local School Bond shall be made in immediately available funds to, or at the direction of, VPSA at, or before 11:00 a.m. on the applicable Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next succeeding such Principal Payment Date or date fixed for payment, prepayment or redemption. (b) 1'he Bond Registraz and Paying Agent for the Local School Bond shall be the City Treasurer, unless VPSA requires otherwise, in which case such agents shall be banking institutions selected by VPSA for such purposes. 9. I'repaYment or Redemption. The Principal Installments of the Local School Bond may be subject to optional prepayment or redemption prior to their stated maturities as determined by 'VPSA. The Principal Installments of the Local School Bond will be subject to extraordinary mandatory redemption (i) if certain proceeds of the Local School Bond have not been spent within three years after the date of its issuance and delivery (which three year period may be extended by the U.S. Secretary of the Treasury or his delegate), (ii) due to a loss of "qualified tax credit bond" and "qualified school construction bond" status of the VPSA Bonds corresponding t~~ the Local School Bond under Sections 54A and 54F of the Tax Code, and (iii) if due to (a) any amendments by Congress to Sections 54A, 54F or 6431 or any other applicable sections of the Tax Code or (b) any guidance or changes to guidance provided by the U.S. Department of "Ceasury or the Internal Revenue Service, there is a reduction or elimination of the direct payment of the refundable credit to be received by VPSA with respect to the VPSA Bonds. The Principal Installments of the Local School Bond shall be redeemed at the redemption prices and upon the other terms set forth in the Local School Bond. 10. E',xecution of the Local School Bond. The Mayor, City Manager and the Clerk or any Deputy (:lerk of the City Council are authorized and directed to execute and deliver the Local School Bond and to affix the seal of the City thereto. 11. Pledge of Full Faith and Credit. For the prompt payment of the principal of and interest, if any, ,end premium, if any, on the Local School Bond as the same shall become due, the full faith and. credit of the City aze hereby irrevocably pledged, and in each yeaz while any of the Local School Bond shall be outstanding to the extent other funds of the City are not lawfully available and aF~propriated for such purpose there shall be levied and collected in accordance with law an anm,~al ad _valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and interest, if any, and premium, if any, on the :Local School Bond as such principal and interest, if any, and premium, if any, shall becorr.~e due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City. 12. Use of Proceeds Certificate and Tax Compliance Agreement. The City Manager and su~~h other officer or officers of the City as the City Manager may designate are hereby authorized and directed to execute and deliver on behalf of the City a Use of Proceeds Certificate and T'ax Compliance Agreement (the "Tax Compliance Agreement") setting forth the expected use and investment of the proceeds of the Local School Bond and containing such covenants as may be necessary in order to show the compliance of the VPSA Bonds with the provisions of the Tax Code and applicable regulations relating to the qualification of the VPSA Bonds as "qualified tax credit bonds," "qualified school construction bonds" and "specified tax 4 credit bonds" under Sections 54A, 54F and 6431 of the Tax Code. The City Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Local School Bond will be invested and expended as set forth in the Tax Compliance Agreement and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Tax Code so that the VPSA Bonds will not lose their status as "qualified tax credit bonds," "qualified school construction bonds" and "specified tax credit bonds" under Sections 54A, 54F and 6431 of the Tax Code. 13. State Non-Arbitrage Program; Proceeds Agreement. The City Council hereby determines that it is in the best interests of the City to authorize and direct the Director of Finance to participate in the State Non-Arbitrage Program in connection with the Local School Bond. The City Manager and such officer or officers of the City as the City Manager may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Local School Bond by and among the City, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form on file with the City, which form is hereby approved. 14. Continuing Disclosure Agreement. The City Manager and such other officer or officers of the City as the City Manager may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by the VPSA to be a material obligated person as described in the Continuing Disclosure Agreement. 15. Fees, Costs and Expenses. The City agrees to pay the following fees, costs and expenses incurred by VPSA in connection with its purchase and carrying of the Local School Bond within thirty days after receipt by the City Manager of a written bill therefor: (A) The City's allocable share of the fees, costs and expenses of the trustee, paying agent and bond registrar under the indenture pursuant to which VPSA will issue the VPSA Bonds and the City's allocable share of any fees, costs and expenses payable to third parties in connection with such indenture or VPSA's School Tax Credit Bond Program, as determined by VPSA; and (B) To the extent permitted by law, the reasonable fees, costs and expenses, including reasonable attorneys' fees, if any, incurred by VPSA in connection with any false representation or certification or covenant default by the City or any City or School City Council official, employee, agent or contractor under the Local School Bond, the Continuing Disclosure Agreement, the Tax Compliance Agreement, the Proceeds Agreement and/or any document, certificate or instrument associated therewith (collectively, the "City Documents"), or in connection with any extraordinary mandatory redemption of the Local School Bond as described in Section 8 above and the corresponding VPSA Bonds, any amendment to or discretionary action that VPSA makes 5 or unde:rtalces at the request of the City under any of the City Documents or any other document related to the VPSA Bonds. 16. l~ fling of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 17. l~lection to Proceed under Public Finance Act. In accordance with Section 15.2-2601 of th~~ Virginia Code, the City Council elects to issue the Local School Bond pursuant to the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code and the Ciay Charter. 18. ~~ urther Actions. The members of the City Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Local School Bond and any sizch action previously taken is hereby ratified and confirmed. 19. Effective Date. This Resolution shall take effect immediately. *** 6 EXHIBIT A [FORM OF TEMPORARY BOND] NO. TR-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, VIRGINIA General Obligation School Bond Series 2010 [**] The CITY OF VIRGINIA BEACH, VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY ("VPSA") the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto commencing on September 1, 20 and continuing each September 1 thereafter to and including September 1, 20_ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable [quarterly/semi-annually] on and of each year, commencing 1, 2010 (each an "Interest Payment Date," and together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to redemption as hereinafter provided. The principal of and interest, if any, and premium, if any, on this Bond are payable in lawful money of the United States of America. For as long as VPSA is the registered owner of this Bond, the City Treasurer, as bond registrar (the "Bond Registrar"), shall make all payments of the principal of and interest, if any, and premium, if any, on this Bond, without the presentation or surrender hereof, to or at the direction of VPSA, in immediately available funds at or before 11:00 a.m. on the applicable Payment Date or date fixed for redemption. If a Payment Date or date fixed for redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of the principal of and interest, if any, and premium, if any, on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed for payment or redemption. Upon receipt by the registered owner of this Bond of said payments, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and interest, if any, and the premium, if any, on this Bond. The resolution adopted by the City Council of the City on April _, 2010 (the "Local Resolution"), authorizing the issuance of this Bond provides, and Section 15.2-2624, Code of Virginia 1950, as amended (the f~ Letter designation, if any. A-1 "Virginia Code"), requires, that to the extent other funds of the City are not lawfully available and appropriated for such purpose there shall be levied and collected an annual tax upon all taxable property in the City subject to local taxation sufficient to provide for the payment of the principal of and interest, if any, and premium, if any, on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City. This Bond is duly authorized and issued in compliance with and pursuant to the Constitution an~i laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, of the Virginia Code, the City Charter and the Local Resolution to provide funds fcrr capital projects for school purposes. This Bond is registered in VPSA's name on the books of the City kept by the Bond Registrar, and t:he transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for a substitute Bond, and register such substitute Bond on such registration books in the name of the assignee or assignees named in such assignment. [The principal installments of this Bond are not subject to optional prepayment or redemption prior to their stated maturities.] Upon not less than 15 days' written notice from VPSA to the Bond Registrar, this Bond is~subject to mandatory redemption in whole or in part in an amount to be specified by VPSA on a date to be fixed by VPSA in the event that, due to a failure by the City to cause 100% of the Available Projec;t Proceeds to be expended by the end of the Expenditure Period for Qualified Purposes, VPSA must redeem a portion of its School Tax Credit Bonds (Direct Payment Qualified School Construction Bonds), Series 2010-1 (the "VPSA Bonds"), pursuant to Section 54A(d)(2)(B)(i) of the Internal Revenue Code of 1986, as amended (the "Tax Code"), and Section 3.1(b) of~the Second Supplemental Trust Indenture dated as of June 1, 2010 (the "Second Supplemental Indenture"), between VPSA and U.S. Bank National Association, as trustee. The redemption price; shall be equal to 100% of the principal amount of this Bond to be redeemed plus a premium equal to any outstanding fees, costs and expenses for which the City is or will become obligated to pay under Section 15 of the Local Resolution as determined by VPSA. Upon not. less than 15 days' written notice from VPSA to the Bond Registrar, this Bond is also subject t~~ mandatory redemption in whole or in part in an amount to be specified by VPSA on a date to be fixed by VPSA if, due to a default by the City under the Use of Proceeds Certificate and Tax Compliance Agreement dated the dated date hereof (the "Tax Compliance Agreement"), between VPSA and the City, there occurs a Determination of Loss of QSCB Status (as defined in the: Second Supplemental Indenture) with respect to all or any portion'of the VPSA Bonds. The redemption price shall be equal to 100% of the principal amount to be redeemed plus a premium equal to the sum of (i) the redemption premium and other amounts VPSA will be obligated to pay in connection with the extraordinary mandatory redemption of the VPSA Bonds under Section 3.1(c) of the Second Supplemental Indenture and (ii) any outstanding fees, costs and expenses for which the City is or will become obligated to pay under Section 15 of the Local Resolution, all as determined by VPSA. A-2 ~ r Upon not less than 15 days' written notice from VPSA to the Bond Registrar, this Bond is also subject to mandatory redemption in whole or in part, as determined by the City, on a date to be fixed by VPSA if, due to (i) any amendments by Congress to Section 54A, 54F or 6431 or any other applicable sections of the Tax Code or (ii) any guidance or changes to guidance provided by the U.S. Department of Treasury or the Internal Revenue Service, there is a reduction or elimination of the refundable credit to be received by VPSA with respect to the VPSA Bonds. The redemption price shall be equal to (a) the redemption price VPSA will be obligated to pay in connection with the extraordinary mandatory redemption of the allocable portion of the VPSA Bonds under Section 3.1(d) of the Second Supplemental Indenture and (b) any outstanding fees, costs and expenses for which the City is or will become obligated to pay under Section 15 of the Local Resolution, all as determined by VPSA. Unless otherwise defined, each of the capitalized terms used in the foregoing two paragraphs has the meaning given it in the Tax Compliance Agreement. All acts, conditions and things required by the Constitution and laws 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 in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. A-3 IN WITNESS WHEREOF, the City Council of the City of Virginia Beach, Virginia has caused this Bond to be issued in the name of the City of Virginia Beach, Virginia, to be signed by its Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this; Bond to be dated , 2010. CITY OF VIRGINIA BEACH, VIRGINIA Mayor, City of Virginia Beach, Virginia (SEAL) ATTEST: Clerk, City of Virginia Beach, Virginia A-4 tl ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. 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 change.) A-5 SCHEDULE 1 AMORTIZATION SCHEDULE Requires an affirmative vote by a majority of the elected members of the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of April, 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Finance Department 1 City A ey's Office CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. ,~ meeting of the City Council was held on April _, 2010, 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 its shown below: PRESENT/ABSENT: William D. Ses:~oms, Jr., Mayor / Louis R. Jones, Vice Mayor _ _ / Rita Sweet Bell:ito _ / - Glenn R. Davis / - Bill R. DeSteph / - Harry E. Diezel / - Robert M. Dyer / - Barbara M. Henley / John E. Uhrin / - Rosemary Wilson / James L. Wood / - - / VOTE: 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on April _, 2010. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. V~'ITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of April, 2010. Clerk, City Council of the City of Virginia Beach, Virginia (SEAL) 1937415x2 ~IIRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R v t SCHOOL BOARD Daniel D. Edwards Chairman District 1-Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) • 717-0259 (c) William J. "BIII" Brunke, N Vice-Chairman District 7 -Princess Anne 4099 Foxwood Drive, Suite 201 Virginia Beach, VA 23462 222-0134 (w) • 286-2772 (c) Todd C. Davidson Al-Large 2424 Savannah Trail VA Beach, VA 23456 427.3330 (w) • 265-9409 (c) Emma L. "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-6911 (h) Patricia G. Edmonson District 6 -Beach 205 34"' Street, (11515 VA Beach, VA 23451 675.0137 (c) Brent N. Mckenzie District 3 -Rose Hall 1400 Brookwood Place VA Beach, VA 23453 816-2736 (c) Ashley K. McLeod Al-Large 5508 Del Park Avenue VA Beach, VA 23455 552-0348 (h) Patrick S. Salyer At-Large 1741 Seaton Drive VA Beach, VA 23464 620-2141 (c) D. Scott Seery Ai-Large 222 Central Park Ave. Sle 1300 VA Beach, VA 23462 333-4042 (w) • 353-7766 (c) Sandra Smith-Jones District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Carolyn D. Weems District 4 - Bayside 1420 Claudia Drive JA Beach, VA 23455 964-6674 (h) SUPERINTENDENT lames G. Merritt, Ed.D. ?512 George Mason Drive JA Beach, VA 23456 ?63-1007 RESOLUTION REQUESTING THE CITY COUNCIL TO ISSUE GENERAL OBLIGATION SCHOOL BONDS TO FINANCE CAPITAL PROJECTS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF WHEREAS, on March 25, 2010, the Virginia Public School Authority (VSPA) Board adopted a resolution authorizing the issuance of up to $100,000,000 of School Tax Credit Bonds (Direct Payment Qualified School Construction Bonds) Series 2010-1. The purpose of the issue is to provide financing for the pool of school projects and localities identified in Executive Order 110 (2010); and WHEREAS, in order to participate in the program, the City will need to issue a taxable general obligation school bond with a taxable level maximum interest rate; and WHEREAS, the School Board and the City Council must authorize the issuance of such Bond no later than May 14, 2010; and WHEREAS, the School Board is requesting that $4,879,954.00 of the College Park Elementary School Replacement costs be financed through the VSPA's newly authorized Qualified School Construction Bond program. - NOW, THEREFORE, BE IT: RESOLVED: That the School Board requests that the City Council issue its general u ~~ ;obligation school bonds (the Bonds) in an aggregate principal amount not to exceed $4,879,954, to finance a portion of the construction costs for replacing College Park Elementary School, which constitutes a capital project for school purposes; and be it FURTHER RESOLVED: That the School Board consents to the issuance of the Bonds; and be it FURTHER•RESOLVED: That the School Board authorizes the Superintendent or the Chairman to take all action necessary on behalf of the School Board for the issuance of the Bonds; and be it FURTHER RESOLVED: That a copy of this resolution be spread across the official minutes of the Board. Adopted by the School Board of the City of Virginia Beach on this 20th day of April, 2010. SEAL !Attest: Dianne P. AlexaOnderl ,1 C`I'e1 rk1 'of the Board ichool Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 ~ ~ ~ ~ ~~ DRAFT 4/16/10 VERSION VIRGINIA PUBLIC SCHOOL AUTHORITY SCHOOL TAX CREDIT BOND PROGRAM BOND SALE AGREEMENT City of Virginia. Beach VPSA Sale Date: Expected to be on or about May _, 2010 Closing Date: Expected to be on or about June 3, 2010 Maximum Authorized Par Amount: $ 4,879,954 Amortization Period: 17 years 1. The Virginia Public School Authority ("VPSA") hereby offers to purchase, solely from the proceeds of VPSA's School Tax Credit Bonds (Direct Payment Qualified School Construction Bonds), Series 2010-1 (the "VPSA Bonds"), your general obligation school bond ("l~~cal school bond") at a price, determined by VPSA to be fair and accepted by you, than, subject to VPSA's purchase price objective and market conditions described below, i:~ substantially equal to your Proceeds Requested set forth above (as authorized by your local resolution, as defined below). The sale date of the VPSA Bonds is tentatively scheduled for May _, 2010 but may occur, subject to market conditions, at any times between May _, 2010 and May _, 2010 (the "VPSA Sale Date"). You acknowledge that VPSA has advised you that its objective is to pay you a purchase price for your local school bond which in VPSA's judgment reflects its market value ('purchase price objective') taking into consideration such factors as the purchase price received by VPSA for the VPSA Bonds, the underwriters' discount and other issuance costs of the VPSA Bonds and other market conditions relating to the sale of the VPSA Bonds. ~tou further acknowledge that VPSA has advised you that such factors may result in your l~~cal school bond having a value other than par and that in order to receive an amount o~f proceeds that is substantially equal to your Proceeds Requested, you may need to issue your local school bond with a par amount that is greater or less than your Proceeds Requested. You, at the request of VPSA, agree to issue your local school bond in a par amount not in excess of the Maximum Authorized Par Amount to provide, to the fullest extent practicable given VPSA's purchase price objective, a purchase price for your local school bond and a proceeds amount that is substantially equal to your Proceeds Requeste~3. You acknowledge that the purchase price for your local school bond will be less than the Proceeds Requested should the Maximum Authorized Par Amount be insufficient, based upon VPSA's purchase price objective, to generate an amount of proceeds substantially equal to your Proceeds Requested. DRAFT 4/16/10 VERSION 2. You represent that the City of Virginia Beach has duly authorized the issuance of your local school bond by adopting a resolution in the form attached hereto as Appendix B (the "local resolution") and that your local school bond will be in the form set forth in the local resolution. 3. You hereby covenant that you will comply with and carry out all of the provisions of the Continuing Disclosure Agreement in the form attached hereto as Appendix E, which agreement is hereby incorporated by reference herein and expressly made a part hereof for all purposes. VPSA has defined a Material Obligated Person ("MOP") for purposes of the Continuing Disclosure Agreement as any Locality the principal amount of whose local school bond pledged under the Master Trust Indenture dated as of October 1, 2009 between VPSA and U.S. Bank National Association, as trustee, as amended and supplemented from time to time (the "Indenture") comprises more than 10% of the total principal amount of all bonds of VPSA outstanding under the Indenture. MOP status with respect to the VPSA Bonds as the first series of bonds under the Indenture, will be determined by comparing the principal amount of your local school bond to the principal amount of the VPSA Bonds. MOP status for future VPSA bonds issued under the Indenture will be determined by adding the principal amount of your local school bond(s) to be sold to VPSA and the principal amount of your local school bond(s) previously sold to VPSA and pledged under the Indenture and measuring the total against 10% of the face value of all bonds of VPSA outstanding as of a bond closing date under the Indenture. If you are or may be a MOP with respect to the VPSA Bonds, VPSA will require that you file all the information described in the following paragraph prior to VPSA's distribution of its Preliminary Official Statement, currently scheduled for 2010. You acknowledge that if you are, or in the sole judgment of VPSA may be, a MOP following the issuance of your local school bond that is the subject of this Bond Sale Agreement, VPSA will include by specific reference in its Preliminary Official Statements and final Official Statements (for this sale and, if you remain a MOP or become a MOP again after ceasing to be a MOP, for all applicable future sales) the information respecting you ("Your Information") that is on file with the Municipal Securities Rulemaking Board (the "MSRB") through its Electronic Municipal Market Access System. Accordingly, if VPSA has determined that you are at any time a MOP (I) following the delivery of your local school bond to VPSA in connection with this sale, or (II) during the course of any future sale, whether or not you are a participant in such sale, you hereby represent and covenant to VPSA that you will file such additional information, if any, as is required so that Your Information, as of each of (I)(A) the date of VPSA's applicable Preliminary Official Statement (in the case of this sale, expected to be , 2010), (B) the date of the VPSA's applicable fmal Official Statement (in the case of this sale, expected to be May _, 2010) and (C) the date of delivery of VPSA's bonds (in the case of this sale, expected to be June 3, 2010) and (II) such other dates associated with future sales as VPSA may specify to you, will be true and correct and will not contain any untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it is included by specific reference in VPSA's Official Statement or which is -2- DRAFT 4/16/a 0 VERSION necessary to make the statements contained in such information, in light of the circum:~tances under which they were made, not misleading. You further agree to furnish to VPSA .a copy of all filings related to your local school bond(s) you make with the MSRB subsequent to the date of this Agreement. Such copy will be furnished to VPSA on or before the day that any such filing is made. VPSA will advise you in writing within 60 days after the end of each fiscal year if you were a MOP as of the end of such fiscal year. Upon written request, VPSA will also advise you of your status as a MOP as of any other date. You hereby covenant that you will provide the certificate described in clause (e) of Section 4 below if VPSA includes Your Information by specific reference in its disclosure documents in connection with this sale or any future sale, whether or not you are a participant in such sale. 4. VPSA's commitment to purchase your local school bond is contingent upon (I) VPSA's receipt on the Closing Date of (a) your local school bond which shall include and otherwi;>e meet the Standard Terms and Conditions contained in Appendix A hereto, (b) certified copies of the local resolution (see Appendix B attached hereto) and the school board resolution, if applicable (see Appendix C attached hereto), (c) an executed agreement, among VPSA, you and the other local units simultaneously selling their bonds to VPSE~, and the payment by you and the other local units of the allocable, associated costs of compliance with the Internal Revenue Code of 1986, as amended (the "Proceeds AgreemE,nt"), (d) an executed copy of the Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax Compliance Agreement") in the form attached hereto as Appendix D, (e) if VPSA has included by specific reference Your Information into VPSA's Preliminary and final Official Statement, your certificate dated the date of the delivery of VPSA's Bonds to the effect that (i) Your Information was as of the date of VPSA's :Preliminary and final Official Statements, and is as of the date of the certificate, true and correct and did not and does not contain an untrue statement of a material fact or omit to state a material fact which should be included in Your Information for the purpose for which it is included by specific reference in VPSA's official statements or which is necessary to make the statements contained in such information, in light of the circumsti~nces under which they were made, not misleading, and (ii) you have complied in all m~iterial respects with your undertakings regarding the amendments adopted on NovembE;r 10, 1994 to Rule 15c2-12 under the Securities Exchange Act of 1934, as amended, for the preceding five years, (f) an approving legal opinion from your bond counsel in form satisfactory to VPSA as to the validity of your local school bond, the conformity of the terms and provisions of your local school bond to the requirements of this Bond Sale Agreement including the appendices attached hereto, and the due authorization, execution and delivery of this Bond Sale Agreement, Continuing Disclosure Agreement, Tax Compliance Agreement and the Proceeds Agreement, and the validity of the Continuing Disclosure Agreement, the Tax Compliance Agreement and the Proceeds Agreement, (g) such other closing documents as the underwriters of the VPSA Bonds may reasonably request, and (h) a transcript of the other customary closing documents not listed above, and (i) the proceeds of the sale of the VPSA Bonds. One -3- DRAFT 4/16/10 VERSION complete original transcript of the documents listed above shall be provided by your counsel to McGuireWoods LLP, bond counsel to VPSA, on the Closing Date or, with VPSA's permission, as soon as practicable thereafter but in no event more than thirty (30) business days after the Closing Date. 5. Subject to the conditions described in Section 4 hereto, this Bond Sale Agreement shall become binding as of the later of the VPSA Sale Date and the date you execute this Bond Sale Agreement. -4- DRAFT 4/16/10 VERSION Dated: May _, :010 VIRGINIA PUItLIC SCHOOL AUTHORITY CITY OF VIRGINIA BEACH By: By. Authorized VPSA Representative Name: Title: [SIGNATURE PAGE OF BOND SALE AGREEMENT] -5- ~~ ~3 ~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 3.171+/- Acres of City-owned Property Excess and Authorizing the City Manager to Convey Same to Tidewater Community College for Construction of a Joint Use Library MEETING DATE: April 27, 2010 ^ Background: City staff and representatives of Tidewater Community College ("TCC") have been planning a library for use by both the general public and TCC students and faculty (the "Joint Use Library") to be located at TCC's Virginia Beach campus since 2005. The current proposal is for the construction of the Joint Use Library on a 3.171-acre site located at the northwest corner at the intersection of Faculty Boulevard and South Rosemont Road on property owned by the City, adjacent to TCC's Virginia Beach campus. The library will provide academic and popular collections and extensive computer and technology resources for the Virginia Beach and TCC communities. As detailed in CIP 3-175, City Council has appropriated a total of $7,368,065 for the City's share of the development costs of the Joint Use Library. In addition to the City's share of the development costs, the City is being asked to contribute the land necessary for the construction of the Joint Use Library. On December 11, 2001, City Council adopted a term sheet (the "TCC Term Sheet") that recognized the City's participation in the expansion of TCC and contemplated the conveyance of the proposed site of the Joint Use Library to TCC. ^ Considerations: The City has been pursuing a library in this area of the City since at least 1985, and the Joint Use Library would allow the City to leverage its resources with State funds to develop a more comprehensive library to better serve the citizens of the City of Virginia Beach. The proposed Joint Use Library will be approximately 120,000 square feet. ^ Public Information: Advertisement of Public Hearing in the Beacon and Advertisement of City Council Agenda. ^ Recommendations: Approve the dedication of approximately 3.171+/- acres of City-owned property to Tidewater Community College and authorize certain transactions necessary for the dedication of said property. ^ Attachmients: Ordinance with Exhibits Location Map Recommendecl Action: Approval Submitting Del~artment/Agency: Department of Public Libraries City Manager. S ~ •~ ~--'~ 1 A ORDINANCE DECLARING 3.171+/- ACRES OF CITY- 2 OWNED PROPERTY EXCESS AND AUTHORIZING THE 3 CITY MANAGER TO CONVEY SAME TO TIDEWATER 4 COMMUNITY COLLEGE FOR CONSTRUCTION OF A 5 JOINT USE LIBRARY 6 ~ WHEREAS, the City of Virginia Beach (the "City") owns approximately 3.171 8 acres of real property (the "City Property") located at the corner of Faculty Boulevard 9 and South Rosemont Road in the City of Virginia Beach, adjacent to Tidewater to Community College ("TCC"); 11 12 WHEREAS, on December 11, 2001, City Council adopted a term sheet (the 13 "TCC Term Sheet") that recognized the City's participation in the expansion of TCC and 14 contemplated the conveyance of the City Property to TCC; 15 16 WHEREAS, TCC and the City plan to develop a Joint Use Library on the City 17 Property (the "Joint Use Library"); 18 19 WHEREAS, the Joint Use Library would serve both TCC students and citizens of 2 o the City; 21 22 WHEREAS, the City Council is of the opinion that the City Property is in excess 23 of the needs of the City and desires to dedicate the City Property to TCC for the 24 development and construction of the Joint Use Library. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 2 9 1. That the following described City Property is hereby declared to be in 3 o excess of the needs of the City of Virginia Beach (the "City") and that the City Manager 31 is authorized to convey said property to the State Board of Community Colleges for 32 Tidewater Community College ("TCC") on the terms and conditions set forth in the TCC 3 3 Term Sheet: 34 35 Parcel C, as shown on that certain survey entitled "Physical Survey of 3 6 Parcel C & Parcel D Property of Baymark Construction Corporation", 3 ~ attached hereto as Exhibit A and incorporated herein. 38 3 9 2. That the City Manager is hereby authorized, on behalf of the City, to 4 o execute all documents necessary to carry out the dedication of the City Property to 41 TCC, provided the terms of such documents are consistent with the TCC Term Sheet, 42 attached hereto and incorporated herein as Exhibit B, and such other terms and 43 conditions deemed necessary and sufficient by the City Manager and in a form deemed 44 satisfactory by the City Attorney. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 6 of _, 2010. ~ Requires an affirmative vote by a majority of the members of the City Council ] APPROVED A~> TO CONTENT: r~ Department of F' lic Libraries CA 11404 \\vbgov.com\DFSl\Appliaitions\CityLawProd\cycom32\Wpdocs\D007\P007\00051128. DOC R-1 April 14, 2010 APPROVED AS TO LEGAL SUFFICIENCY: ~---~ EXHIBIT A g x PARCEL C o ~ = m;mz z L m' ;~~ a ~~ . 'V ' m{l~<f~l 3 g a m4y;>: ~ m ' oc~i0~m _ ~ O.mQ~ r m'T~ ~ p 4.1 F10~ O ~ N ~~ = q mO< m) L N 4 ... N _ 6t ' ~ ig ~ 3 ,£8'591 _ 9 Sl -~Bi~i-~ qr N9 N ~ a y ~ ~ ; r~ m u vm m i ~~ _ V u11u1 NNnIrn 0~~0 .~9 ;,_ . / V~ _~ mL ~1~ 2 m91II 1 N ~ ~{~ D ~ ~ o u •• ~ ~ / NNOOOb Am o~ ~ ~ \ ~ ~ ~~~ 1 ~ m i° stn mL ~ ;a Qi opn~ i r. uoo• v m'~ ~c2w ~_ ~~ ~Ulr~uu ~ m \ ~ ~ Ur- J ~vy.~N m V ~~ m . _~ - > Q tSN n n ~ ~ 4 ~m ~ m ~ ' • V' N y ; Ay \ ~ ~ ~ 1 vl / ~ y < Z L L ~ p \ .~1 a D7mm~f .QI to ~ GU] ~ n A \ .~ ~ 9 V 2 VI ~' c~s~ ~ ~ ioo mp ~ ` 0 V N` / `6 /~ \ Q o ~~ ~ + q j ;' ` ~' oo 1 q ~ m `~ Q ° ~ ~ o. y m !~~, ~ c uo o x n ~ z R o ~G_ ~ ~ ~ N A ~'" ~ Y Y ~ R o k 4 2T ~ N O h 8 ~ L A N~ 1 "~ ~ ~A nm~ om y 1~1 ~ZA 2 $ m ~ = N N J D OI>m~I n~ 1 ~ A C < ~ Z UyN ~ ~ F N »~ N ny ~ O~V1 O N ~71 Z /~ [ um ` •_ U O n u~~=i ~ N yN c ~~ = mvi v g ~ y z = ~~~ A g N Zy vi ~~ ~~ ~ I [~nrtiaD / m11111 y C y>v z O 2 ~v E ~2m S r y ~ ~~ JO N2 ran ~_ ~ IZ ~ a ~ y a~ io ~oai Z r.l n a m N p C ~ D 9V ~ ~ n~j °uiu:i~ o ° D mv 0 2 ~ F o z ~ I O N~ D .1y 1 ~Q~ ~ y yyO O S p ~ ~ eq'= ~ r+ °v$ o z g 1° m o _A a>F u~Z Z m = m QiE r~~l ~ :~<~Q i ~ s i i ~ , ~ O ~Om ~ Q ~ 1m N mm ~ cx.~ - P I 8 ~ Zm ; O Dy = 53~~ 4 w I~' I I" s ca i > ~ N N~- ~ > ~ ~ ~ S_ r~ ul }~•••o•o ~ ~>~ g n r r map s zzvvsiv_g i vz ~o~ 5 ~ C ~~mmii ZZ ; ~ v~ ~ ~ 5 n >~ >9m rslm Z y n I j R ppy~; ~ I Cti C~y1=.~ v j rZlav N p = ~m a m v o ~o ~ ~ ~ ~ ~~ ~ i z ~ g ~~ ~ ~ ~ ~ oo~ 0 ~ o ~ 4 d ~ ~~ ~ $ ~~~~' ~ ~ N ~zy ~ '^ I c orn < >. ~ a~ I ~ ~ ~ I ~ g z> I~ n rn u ~ ~ h > yo s 5 A ~~ N 3 ° > '^'^ a~ EXHIBIT B TER1~I-SHEET IMPLEMENTATION OF TIDEWATER COMMUNITY COLLEGE'S STRATEGIC PLAN Representatives of the City of Virginia Beach ("City") and Tidewater Community College ("TCC") have bE~en discussing a possible partnershipfor implementation ofTCC's Strategic Plan for the Virginia Beach Campus. This Terrn-Sheet is intended to reflect the shared understanding of both parties and their respective commitments and to update the 1996 Memorandum ~~f Understanding between the City and TCC. The Term-Sheet is not intended to be ;s legally binding agreement, and all commitments outlined are subject to City Council anti the Commonwealth of Virginia's ("Commonwealth")future appropriation. The policy impli~~ations associated with this Term-Sheet are outlined in the attached Policy Report that wa:~ presented to City Council on November 27, 2001. 1. City will provide for site improvements associated with a major initiative for the strategic plan of TCC as outlined in the attached Policy Report . 2. TCC agrees to provide, in a timely fashion and in a format suggested by the City, its annu~-I request for capital funding. 3. The appropriation process of the Commonwealth involves the appropriation of funds for both maintenance and operation of the Virginia Beach Campus, and for construction of its buildings. It is understood and agreed by TCC that the City shall be bound and obligated "hereunder only to the extent that funds shall be appropriated and budgeted for particular projects pursuant to Article VII, Section 10 of the Constitution of Virginia and subject to appropriation by City Council. 4. The appropriation process of the Commonwealth is summarized in the biennial budget bill. The biennial budget bill typically provides, in pertinent part: "Expenditure for land acquisition, site preparation beyond five feet from a building, and the construction of additional outdoor lighting, sidewalks, outdoor athletic ~~nd recreational facilities, and parking lots in the Community College system :;hall be made only from appropriated Trust 8 Agency Funds, including local government allocations and appropriations, or the proceeds of indebtedness authorized by the General Assembly.." 5. Both parties agree to coordinate lobbying efforts with the General Assembly delegation and the new Governor for inclusion in the State's capital program. 6. The City may provide funding for site acquisition and site preparation beyond five feet from the campus buildings provided that there are sufficient funds appropriated by the Commonwealth for the campus buildings for the purposes requested. 7. BecausE; local funds may, consistent:with the biennial budget bill, be appropriated and allocated to the Trust and Agency Funds to be spent at TCC, both parties agree that the State Board for Community Colleges, as provided in Chapter 16 of Title 23 of the Code of Virginia, is the appropriate body to contract for the design and construction of site improvements five feet from the campus buildings. TCC will be solely responsible for all legal and risk management issues associated with the design, construction and operation of these facilities. 8. TCC will be responsible for ensuring that the design, construction, and inspection of site improvements shall be performed in accordance with state procurement code and state and local regulations. 9. TCC agrees to provide appropriate documentation to the City verifying that City- provided funds were expended for the intended purpose. This documentation may include, but shall not be limited to, copies of bids, contracts, and final payments. 10. In furtherance of the City's plan for the Princess Anne Commons and TCC's strategic and master plans, the City also agrees to use its best efforts to purchase properties or obtain an option for the properties labeled as Parcel A, Parcel B, Parcel C, Parcel E, Parcel F and Parcel G as outlined on a map entitled Tidewater Community College (Appendix D map prepared by the City's Center for GIS). 11. Due to imminent development potential, the City will use its best efforts to purchase Parcel E during FY 2001-2002. With the adoption of this Policy Report/Term-Sheet, City Council will be forwarded an Agenda Request/Ordinance appropriating funds for this purpose. The City will use its best efforts to purchase Parcels F and G during FY 2002-2003, and Parcels A, B, and C during FY 2003-2004. 12. Once the City acquires title to any one of the parcels enumerated above, the City will effect a transfer of title to the State Board for Community Colleges. If funds are not appropriated by the General Assembly within six years from the date title was transferred to the State Board for Community Colleges by the City, the title may, at the City's option, revert back to the City. 13. If any parcel of property is planned to be used for non-educational purposes, the arrangements for transfer of its title shall be determined collaboratively between the City and TCC with a mutually agreed sharing of the subsequent revenue stream, if any. 14. Both parities agree that this Term-Sheet may be revised by mutual agreement, in writing, as circumstances may dictate. 15. The following schedule details the proposed timing of both party's funding: Proposed Schedule for TCC Improvements j Phase Two ; Phase One Future ! Total Phase Three i ~ Costs ~ Costs _.. _ _ : City Proposed Commitments - - -- ---- - _---- -- i _ _ _ __ ~ _, - -- --- ---- ---.~.---- - - - - ~ I---- ------------ ------ - Land Purchase ' - Parcel E 240,733 , r -- --- - Land Purchase ' - Parcels F and G ~- 778,950 ~ --- - ----- - - ~- ---_- -~-- --"----- ~ -~ Land Purchase ' - Parc_el_s A _B_ an_d_ C _ _ _ I _I _ _-___-.___ Y__- _ __ 2,222,735 , ____ - --- _ _ _ __ ____ _ Site Improvemens i r _ Bridge for ADA Access ~ 249,000 j ! Erosion Control ~ _ _ 160,000 __ __ __ _Thinning Woodland R " _ ~ ~ 100,000 i _____; __ -~- __ __ _ I _ ing Road ~ _ 1,165,00 Saence Building _ 1,545,000 Re tonal Health Science Center - Phase I 9_ _ 1,500,000: _' , _ Retrofit Older Buildings i 750,000 ~ _ ______ j __ aming Resource Center Expansion _~Le _ 588,000 i __i __ j _ _ _ Regional Health Science Center -Phase tl _~ i 800,000: ---- - _ Workforce Development Center j ~ _ _ -~ I ' _ 1,800,000~- _ Subtotal ~ TCC Proposed Commitments . _. - -- 7,049,418 2,250,000 __ ~- ~ ------ 800,000 1,800,000 ~ 11,899,418 _~ _ T- ~ - Science Building 17,218,000 ~ _ _ . ~ Regional Health :icience Center - Phas __ e I _ _ _ t 13,652,000 ~ _ I ; _ __ _ __Retrofitting, Six Oldest Buildings ! 14,081,000 ; _____ Leami~ Resoun:e Center Expansion 7,512,000 i ~ j ---- - Regional Health :science Center_Phas --- e II _ ____ T- _ __ I --- __ 8,642,000 ! _____ ~ _ I Student Center _ W _ _ _ __ _ _ _ _ r __ ___ 5,790,000 ___ __ _ 6 0 ~ ~ L orkforce Development Ce nter _ ~ _ ,184,0 _ __ . __ ____ j Subtotal _ _ __ _ _ _ _ 24,730,000 i 27,733,000 _ _ __ '14,432,000: 6,184,000 73,079,000 ' Land Purchase f gures are based on assessment data -actual appraisals will cause this cost to vary. Costs a2 in current-year (2001) dollars and do not account for inflation. " Funded in current CIP 16. Both the City and TCC agree to meet and confer as necessary in furtherance of the objecti~ies expressed in this Term-Sheet. t/ /~,~ ~ J 7~. ~ ~- ~ ~ Y - { ~/ \.~ ~ rte- ~ ~ L-4, ~ __~.__, J ~y ~ C+ ~. -- ~F - = .,`` r%: c, \ [ - .~. a- C - - I J ~ A // ^' ~j Lam/ _ - /l` i ! ~ (_~ //. Yip.'. :k '--~_ ,: ~ ..- F !T `~ - ~. ~ l'. ~w ~a J ~ ~ _ ~ / ~ ks/ ~. ~ Lis 1 _1 - i ~ N f~ I1 1 ~ /~ ',' ~ _ /~ ~ --_ ~ ~~ lo[S~ o= J~ ~ !~7 {f= rte" ~ `,~~ ,~ I ~ ~ .~ < ~_. ~... x ~ y ,~ ~ _ ti. JII 1_ 1 i ~ a Q Z O Q V O J ~ ~`~ _~ _~~ ~~ ~ --__ -s `~ _ ~~\, \ 1; rte- ~ ~~ .. /r!~ i I5 '~~ ,~. ~ , ~~ ~ T ~~ ~~ I"~ /// ///JJ I ~~5 5.55 f ~~ ~' / f` ~i ~l~ ~ ~ 3 `JAS • S 5 51 >~ Y t l /r/ 7 ~~ ~Y ~ ` S .- ~ 5- ~~ ~~ __~~~~ ~; '' ..- t ~/ !f t~ 1 ~ '~~ ~ ,~ r -- ~~ ~h / \ • , ,~ ~ ~ ~ f ~ ,~ /~ O n p / O ~ ~ ~'` Jf/ ~ ao ,/r ~ %~ ~~ d v ~~ ~T ~' ~. o ~.~ m ~~-~ ~~ ~..~ ~~ ~ ~~ ~ ~- /. ,s ~ ~~ ~'`~ `` ''} ~ ;p~ Jr q ` J a~ ~'l r ~ ~.. ~5'ti U ~Cy . ~ ~s!) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing The City Manager To Execute A Lease Not In Excess Of Five Years With The Contemporary Art Center Of Virginia For 9.617 Acres Of City Owned Land Located At 2200 Parks Avenue Together With The Building And Improvements Thereon Commonly Known As "The Contemporary Art Center Of Virginia" MEETING DATE: April 27, 2010 ^ Background: The City of Virginia Beach has been leasing 9.617 acres of City owned land located at 2200 Parks Avenue and the facility thereon commonly known as "The Contemporary Art Center" to the Contemporary Art Center of Virginia since 1986. This action will renew the agreement between the City and the Contemporary Art Center of Virginia for afive-year period. ^ . Considerations: This lease would be for a term of five years. ^ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ^ Alternatives: Approve Lease Agreement as Presented, change conditions of the Lease Agreement or deny leasing of subject premises. ^ Recommendations: Approval ^ Attachments: Ordinance Summary of Terms Lease Location map Recommended Action: Approval Submitting Department/Agency: Management Se ce Facilities Management Office City Manage . L t` , 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE NOT IN 3 EXCESS OF FIVE YEARS WITH THE 4 CONTEMPORARY ART CENTER OF VIRGINIA 5 FOR 9.617 ACRES OF CITY OWNED LAND 6 LOCATED AT 2200 PARKS AVENUE 7 TOGETHER WITH THE BUILDING AND g IMPROVEMENTS THEREON COMMONLY g KNOWN AS "THE CONTEMPORARY ART 10 CENTER OF VIRGINIA" 11 12 WHEREAS, the City of Virginia Beach ("the City") is the owner of 9.617 acres of 13 land and all improvements thereon (the "Premises"), shown on Exhibit A and located 14 at 2200 Parks Avenue; 15 16 WHEREAS, the Contemporary Art Center of Virginia has leased the Premises 17 from the City since 1986 for the operation of the Contemporary Art Center; 18 19 WHEREAS, the Contemporary Art Center of Virginia would like to renew its lease 20 agreement with the City for the Premises; 21 22 WHEREAS, City staff has determined that continuing to lease the Premises to 23 the Contemporary Art Center of Virginia will benefit the citizens of the City of Virginia 24 Beach and tourists visiting the community by providing a needed service; 25 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for a term not in 30 excess of five years between the Contemporary Art Center of Virginia and the City for 31 the Premises in accordance with the Summary of Terms attached hereto and such other 32 terms, conditions or modifications deemed necessary and sufficient by the City Manager 33 and in a form satisfactory to the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 36 , 2010. CA11410 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D013\P006\00051790.DOC R-1 DATE: April 16, 2010 APPROVED AS TO LEGAL SUFFICIENCY AND FORM Glut Signature APPROVED AS TO CONTENT ~~G Signature Departm nt SUMMARY OF TERMS LEASE FOR THE USE OF 9.617 ACRES OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: City of Virginia Beach LESSEE: CONTEMPORARY ART CENTER OF VIRGINIA PREMISES: Approximately 9.617 Acres of City property, which includes a 38,000 square foot facility located at 2200 Parks Avenue and known as the Contemporary Art Center of Virginia. TERM: May 1, 2010 through April 30, 2015 RENT: Rent shall be One Dollar ($1.00) Per Annum RIGHTS AND RESPONSIBILITIES OF THE CONTEMPORARY ART CENTER OF VIRGINIA: • Will use the Premises for art exhibits, related special events, receptions, meetings, art classes, and such other activities as will enhance the public's access to art and culture in the City of Virginia Beach and for no other purpose. • Will remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. • Will erect and maintain a sign during the term of the Lease, which shall give recognition to the Lessor as a principal in the ownership and establishment of the Premises. • Will maintain commercial general liability insurance 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. • 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. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Will have access to the Premises at reasonable times, during normal business hours, for the purposes of inspecting or repairing the Premises; however, no notice need be given in the event of an emergency. • Will maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping. • Will provide payment for all water, sewer, and stormwater utility costs, and for the costs of waste collection. TERMINATION: In the event of a default by the Tenant, the City may terminate the Lease whereupon Tenant shall quit and surrender the Premises to the City. \\vbgov.com\DFS 1\~lpplications\CityLawProd\cycom32\Wpdocs\D013\P006\00051791.DOC LEASE AGREEMENT FOR CONTEMPORARY ART CENTER OF VIRGINIA THIS AGREEMENT (the "Lease") is entered into as of the 1ST day of May 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, (the "City") and the CONTEMPORARY ART CENTER OF VIRGINIA, a corporation of the Commonwealth of Virginia, (the "Tenant"). WITNESSETH: That the City, for and in consideration of the rent, and of the covenants and agreements to be kept and performed by the parties hereto, agrees to rent and does by these presents hereby rent to the Tenant, and the Tenant does hereby accept said Lease upon the terms and conditions set forth herein, all that certain piece, parcel, or tract of land, together with any and all improvements and appurtenances thereon, belonging, lying, situate and being in the City of Virginia Beach, Virginia, the following described property (the "Premises"), to-wit: All that certain 9.617 acres of pieces or parcels of land as shown on the certain subdivision plat entitled "PLAT SHOWING PUBLIC UTILITY EASEMENT & VACATION OF RIGHT OF WAY LINES & RESUBDIVISION OF PROPERTY TO THE NORTH AND SOUTH OF OLD VIRGINIA BEACH ROAD FOR THE CITY OF VIRGINIA BEACH, LYNNHAVEN BOROUGH< VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DATED NOV. 26, 1990, REV. DATE: FEB. 7, 1991, REV. DATE: MAR. 7, 1991, REV. DATE: APR. 10, 1991, SCALE: 1" = 100'", a copy of which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 211 at Page 96-97. GPIN: 2417-88-0355 This Agreement and Lease is conditioned upon the following terms, conditions, and covenants. Premises. For that and in consideration of the terms, conditions, covenants, promises, and agreements herein made, Lessor hereby leases and demises unto Lessee the Premises, which includes the 38,000 square foot facility located at 2200 Parks Avenue, Virginia Beach, Virginia as shown on Exhibit A attached hereto. Term. The term of this Lease shall be for a period of five (5) years, commencing on May 1, 2010, and ending at midnight on April 30, 2015. It is the intent of the parties to renew this Lease, to the extent permitted by law, as long as both parties are dedicated to preserving the artistic nature of the CONTEMPORARY ART CENTER OF VIRGINIA (the "Building") and operating an activity which enhances the cultural identity of the City of Virginia Beach. 3. Rent. Ttie total rent for the term hereof and any renewal term hereof shall be one dollar ($1.00) Kier annum, which the Tenant shall pay to the City, in advance, at such place as may be designated by the City. 4. Use. This Tenant will use and occupy the Premises for purposes of enhancing the public's access to art and culture in the City of Virginia Beach. Such use and occupancy may include, without limitation, art exhibits and related special events, receptions, and meetings, art classes, the operation of gift shops and food and beverage concessions, theatre and recreational purposes, and fund-raising activities which are intended to preserve the artistic nature of an arts museum. The Building must remain open to the general public for at least 120 days per year and for at least 1,000 hours per year. The Tenant agrc;es to abide by, observe and comply with all federal, state, and municipal laws, ordinances and regulations applicable to its~use and occupancy of the Premises and with any covenants and restrictions to which the Premises are now or may hereafter be made subject. The Tenant further agrees that it will not do or permit any act or thing or omit any act or thing which conflicts or otherwise fails to comply with the terms of any policy of insurance covering the Premises. The Tenant shall not use nor permit the Premises to be used for any purpose other than as stated in this section of the Lease without prior written consent of the City, which consent shall not be unreasonably withheld. 5. Notice. Any notice provided for or required by this Lease shall be deemed to have been delivered on the date that such notice has been personally delivered or deposited in the U.S. Mail, first class, return receipt requested, postage prepaid and addressed as follows: (A) To the City: Facilities Management Office De~~artment of Management Services Cifi~ of Virginia Beach 2424 Courthouse Drive Virginia Beach, VA 23456 (B) To the Tenant: CONTEMPORARY ART CENTER OF VIRGINIA 22Ci0 Parks Avenue 2 Virginia Beach, VA 23451 6. Name. The official name of the Tenant's operation shall not be changed without the prior written approval of the City, which approval shall not be unreasonably withheld. 7. Signs. Tenant shall install and maintain during the term of this Lease a plaque, prominently displayed at the entrance to the building, giving recognition to the City as a principal in the ownership and establishment of the Premises. Such plaque, together with any other sign located on the Premises, shall be constructed and maintained in accordance with applicable State and local laws and shall be approved by the City, which approval shall not be unreasonably withheld. 8. Attachments. The following document is attached hereto and such document shall be incorporated herein by reference: (A) Exhibit A -Plat of Premises (B) Exhibit B - Insurance Obligations 9. Default. If, after receiving written notice from the City, the Tenant fails to complete performance within forty-five (45) days thereafter or within such additional time as may be reasonably necessary, of any covenantor agreement to be performed by the Tenant herein, or causes material damage to or neglects the Building, the City shall have the right to: (i) terminate this Lease, whereupon Tenant shall quit and surrender the Premises to the City; (ii) re-enter and repossess the Premises and lockout Tenant; and (iii) cure the breach or default at the Tenant's expenses, and all costs incurred by City in curing same shall be payable to the City on demand. The City shall retain the right to sue for damages as allowed by law and to pursue such other remedies as allowed by law or in equity. 10. Indemnification/Insurance. The City and the Tenant shall comply with the Insurance Obligations set forth on Exhibit B attached hereto. The Tenant agrees to indemnify and save the City and its agents, employees, and officials harmless against all liabilities, expenses and losses including reasonable attorneys' fees incurred by the City as a result of (a) failure by the Tenant to perform any covenant required to be performed by the Tenant hereunder; or (b) any accident, injury, death or property damage which happens in or about the leased Premises or 3 results from the condition, maintenance or operation of the leased Premises or which arises from the negligence or intentional torts of Tenant or its agents, servants or employees. The City shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by the Tenant or by any person who may at any time be using, occupying or visiting the Premises or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of the Tenant or any occupant, visitor, or user of any portion of the Premises. The Tenant hereby waives all claims against the Cit~,r for injuries to person or property in or about the Premises, from any cause arising at any time. The Tenant furi:her agrees to defend, indemnify, and hold harmless the City, its employees, agents and volunteers from any and all liability and/or damages for injuries to persons or damage to property arising out of the acts or omissions of the Tenant, or the Tenant's agents or employees under this Lease. Notwithstandincl the above, the Tenant shall not be liable for any loss, injury, death or damage to pE:rsons or property, which results from the gross negligence or intentional misconduct of the City or any of its agents, officers or employees. 11. City/Ten:ant Services. Maintenance Repair and Alterations City shall, at City cost: (A) maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping; (B) provide payment for all water and sewer and stormwater utility costs and fees; and (C) approve in advance the acquisition or installation by the Tenant of any equipment it is expected to maintain. The grounds will be maintained by the City in a manner consistent with the municipal nature of the Premises. The City shall, upon prior notice to the Tenant, have access to the Building, at reasonable intervals during normal business hours, for purposes of inspecting or repairing the Building; However, no notice need be given in the case of an emergency. However, the City shall not unreasonably interfere with the Tenant's use of the Building. The City shall have the right to establish reasonable rules and regulations governing the use and occupancy of 1:he Premises. The Tenant shall pay for telecommunications fees and services and utilities unless specified to be paid by the City. Additionally, the 4 Tenant shall provide written security procedures designed to reasonably protect the Building, against damage, which procedures must be approved by the City. The Tenant shall not perform any repairs upon the Premises, structural or otherwise, unless minor in nature and approval of the City is first obtained, but shall use its best efforts to maintain the Premises in a neat and orderly condition. The City shall maintain the Premises, including all buildings and improvements, sidewalks and landscaping in good repair. No alterations, improvements or additions of a permanent nature shall be made to the Premises without the prior written approval of the City, which approval shall not be unreasonably withheld. Such alterations, improvements and additions must comply with all applicable building codes, ordinances and regulations. Any such alterations, improvements or additions shall be at the sole expense of the Tenant and Tenant shall indemnify the City against any expense or damage to the Premises as a result thereof. There shall be maintained at the Tenant's sole expense, at all times when any alteration, improvement or addition is in progress, worker's compensation insurance in accordance with state law covering all persons employed in connection with any such alteration, improvement or addition, and general liability insurance for the Tenant covering the additional hazards resulting from any such alteration, improvement or addition. Upon the termination of the Lease, the Tenant shall deliver the Building to the City in good and clean condition, excepting ordinary wear and tear or loss or damages caused by fire or other casualty. 12. Furnishings. At the expiration or earlier termination of this Lease, should the Tenant fail to remove any furnishings or other personal property owned by Tenant within ten (10) days of the date of such expiration or termination, the Tenant shall be deemed to have~waived all rights to any such furnishings or other personal property not so removed. 13. Fire or Casualty. Except as otherwise provided herein, in the event the Building, or improvements on the Premises or any part thereof, are damaged or destroyed by fire or other casualty, the City may elect to terminate this Lease effective as of the date of the casualty. The City is not obligated to rebuild the Premises in the event of damage or ~jestruction by fire or other casualty. Tenant shall be responsible for the repair and restoration of all Tenant improvements at its sole cost and expense. 14. Art Collections. All collections of artwork, displayed or stored, are the responsibility of the l~enant, except as otherwise provided herein. Any modifications to this condition must be a written memorandum of understanding agreed to by both parties. 15. Assignment and Subletting. The Tenant shall not assign this Lease in whole or in part or sublease all or any part of the Premises without the prior written consent of the City. Any such sublease or assignment without consent shall be void, and shall, at the option of the City, terminate this Lease. The provisions of this paragraph shall not be applicable to any contract or agreement between the Tenant and a third party involving the temporary short-term occupancy of the Premises by such third party for (i) an art display, exhibit, forum or similar event, or (ii) the provision of ancillary services (e.g., catering) associated with any such event. This Lease is binding upon, and inures to the benefit of, the parties and their respective heirs, personal representatives, successors and assigns. 16. Surrender. Upon the expiration of earlier termination of this Lease, the Tenant shall surrender to the City the Premises in good and clean condition, ordinary wear and tear and dammage by fire or other casualty excepted. 17. Severak;~ili If any provision of this Lease or its application to any person or circumstance shall'to any extent be determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is determined to be invalid or unenforceable, shall not be affected, and each remaining provision of this Lease shall continue to be valid and enforceable to the fullest extent permitted by law. 18. Rules and Regulations. The Tenant, will comply with all federal, state, and local laws, ordinances, and regulations (collectively, the "Laws"), relating to the business conducted on the Premises by the Tenant, and the Tenant, hereby agrees to observe and strictly comply with all reasonable rules and regulations adopted by the City from time to time ~~vith respect to the occupancy of or operations on the Premises. The City shall not be liable for the nonobservance or violation by the Tenant, or any agent, employee, contractor, invitee or licensee of the Tenant, of any Laws, rules and regulations. The tenant will indemnify and hold the City and its agents, employees, and officials harmless from and against any expense or liability (including reasonable attorneys' fees) resulting from any acts /or omissions of Tenant, its agents, employees, invitees, or independent contractors that violated the Laws, rules and regulations. This provision shall survive termination of this Lease. 19. Required Approvals. All approvals required herein must be obtained in writing. The Department of Management Services/Facilities Management Office shall be responsible for administration and oversight of this Lease. 20. Non-Discrimination. During the term of this Lease, the Tenant agrees that it will not discriminate against any person, including, without limitation, any artist, exhibitor, contractor, vendor, employee or applicant for employment, on the basis of such person's race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of the Tenant. 21. Environmental Concerns. The City hereby warrants to the Tenant, that, to the best of the City's knowledge, without the requirement for independent investigation, no hazardous material such as petroleum products, asbestos and any other hazardous or toxic substance has been used, disposed or, or is located in either the Building or the soil or groundwater on or under the Premises. Any costs associated with violations of the law including, but not limited to, remediations, clean-up costs, fines, administrative or civil penalties or charges, and third party claims imposed on the City by any regulatory agency or by any third party as a result of the noncompliance with federal, state or local environmental laws and regulations or nuisance statutes by the Tenant or by its employees, contractors, consultants, subconsultants, or any other persons, corporations or legal entities retained by if for the Premises, shall be paid by the Tenant. This provision shall survive the expiration or sooner termination of this Lease. 22. Liens -Tenant's Duty to Keep Premises Free of Liens. The Tenant shall keep the Premises and every part thereof and all buildings and other improvements at any time located thereon free and clear of any and all mechanics', material men, and other liens for or arising out of or in connection with work or labor done, services performed, or materi~ils or appliances used or furnished for or in connection with any operations of the Tenant, any alteration, improvement or actions which the Tenant might make or cause to be trade by any person or persons other than employees, contractors or agents of the City, on or about the Premises, and at all times promptly and fully pay and discharge any and all claims upon which such lien may or could be based, and to indemnify the City an~j all of the Premises and buildings and improvements thereon against all such items and claims of liens and related lawsuits. 23. Miscellaneous Provisions: Quiet Enioyment. Subject to the provisions of this Lease and the City's remedies in the event of Tenant's default, Tenant will have and enjoy quiet and peaceable possession of the Premises during the Term. Nonwavier. No waiver of any covenant or condition by either party shall be deemed to imply or constitute a further waiver of the same covenant or condition or a waiver of any other covenant or condition of this Lease. Governing Law/Venue: This Lease shall be construed and governed by the applicable laws of the Commonwealth of Virginia. Venue of any suit brought to enforce the terms of this Lease or arising from the rights, liabilities or obligations set forth herein shall be filed in a court of competent jurisdiction in the City of Virginia Beach. Force M~s'eure. Neither party shall be liable to the other for any breach or violation of this Lease resulting from any occurrence or event, including any Act of God, strikes, war, lockouts, labor trouble, insurrection or occurrence beyond the reasonable control of any party hereto. Modification. This Lease shall not be modified except by a written instrument executed by the City and Tenant or their respective successors or assigns. IN WITNESS WHEREOF, the City and the Tenant have duly executed this Agreement as of the date first written above. (SEAL) ATTEST: Ruth Hodge Smith City Clerk CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of the City Manager ATTEST: CONTEMPORARY ART CENTER OF VIRGINIA Corporate Secretary By: Chair, Board of Trustees CITY ACKNOWLEDGMENTS STATE OF VIRGINIA CITY OF VIRGINIA BRACH, to-wit: The foregoing instrument was acknowledged before me this day of 2010, by ,City Manager/Authorized Designee of the City fi~anager, on behalf of the City of Virginia Beach, Virginia. Notary Public My commission expires: TENANT ACKNOWLEDGMENTS STATE OF VIRGINIA CITY OF VIRGINIA BE=ACH, to-wit: The foregoing instrument was acknowledged before me this day of 2010, by ,Chair, Board of Trustees, and Corporate Secretary, on behalf of the CONTEMPORARY AFtT CENTER OF VIRGINIA, a Virginia corporation. My commission expires: Notary Public APPROVAL AS TO CONTENT: APPROVAL AS TO CONTENT: Management Services,~Facilities Management OflFce APPROVAL AS TO CI~NTENT: Risk Management Administrator Museums and Cultural Arts APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 10 EXHIBIT "B" INSURANCE OBLIGF~TIONS A. The City's Insurance Obligations. The City may at its discretion provide programs of insurance and/or self- insurance to cover physical damage to or loss of the building due to fire, flood, or other casualty. B. The Tenant's Insurance Obligations. The tenant shall, at all times during the Term at its own cost and expense, carry commercial general liability insurance on the Premises with limits of not less than $1,000,000.00 ~~ombined single limit. The Tenant shall also carry "all-risk" casualty insurance, written at replacement cost value and with replacement cost endorsement, covering all the Tenant's personal property in the Building (including, without limitation, fixtures, floor coverings, furniture, and other property removable by the Tenant under the provisions of the Lease) and all leasehold improvements installed in the Building by or on behalf of the Tenant and if, and to the extent permitted by law, worker's compensation or similar insurance. All liability insurance policies shall be written by companies authorized to conduct the business of insurance in the Commonwealth of Virginia and acceptable to the City and shall name the City as an additional named insured. Each such policy shall also contain a provision prohibiting cancellation or material modification without thirty (30) days prior written notice to the City or its designee. Certificates of such insurance shall be delivered to the City promptly after the issuance of the respective policies. If the Tenant fails to provide or maintain such liability insurance, the City may, but shall not be obligated to, do so and collect the cost thereof as Additional Rent. 12 '~: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of property in fee simple for right-of-way for the Safety Improvements at the Intersection of Bonney Road and South Kentucky Avenue Project (CIP #2-018.002) and the acquisition of temporary and permanent easements, either by agreement or condemnation. MEETING DATE: Apri127, 2010 ^ Background: The Project Administrative Agreement for the Safety Improvements at the intersection of Bonney Road and South Kentucky Avenue (CIP #2-018.002) was fully executed on September 14, 2006. Total programmed cost is $1,500,000 and total appropriation to date is $1,500,000. This project will include dedicated left-turn lanes on east and west bound Bonney Road. The dedicated turn lanes will improve the safety of this intersection. ^ Considerations: The design phase and plats are complete to begin right-of-way acquisition. Right-of-way and easements are required from four (4) parcels. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. ^ Public Information: Advertisement of the public hearing on this ordinance in The Virginian-Pilot Beacon. No requests for a public hearing on the project were received after a Notice of Willingness to Hold a Public Hearing was posted in The Virginian-Pilot Beacon on August 21, 2008 and September 7, 2008. ^ Alternatives: Approve the ordinance as presented or do not complete the project. ^ Recommendations: Approve the request for authority to acquire, by agreement or condemnation, the property and easements (temporary and permanent) associated with the Safety Improvements at the intersection of Bonney Road and South Kentucky Avenue (CIP #2-018.002). ^ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Real Es etc !~N? ~ ~'~ City Manag ~~~~,,{ 1 AN ORDINANCE TO AUTHORIZE a ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE SAFETY 4 IMPROVEMENTS AT THE INTERSECTION OF 5 BONNEY ROAD AND SOUTH KENTUCKY 6 AVENUE PROJECT (CIP 2-018.002) AND THE ~ ACQUISITION OF TEMPORARY AND s PERMANENT EASEMENTS, EITHER BY 9 AGREEMENT OR CONDEMNATION to 11 WHERE~4S, in the opinion of the Council of the City of Virginia Beach, Virginia, a 12 public necessity exists for the construction of this important roadway improvement project 13 to improve transportation within the City and for other related public purposes for the 14 preservation of the safety, health, peace, good order, comfort, convenience, and for the 15 welfare of the people in the City of Virginia Beach. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF is VIRGINIA BEACH, VIRGINIA: 19 20 Section 1. That the City Council authorizes the acquisition by purchase or 21 condemnation pursuant to Sections 15.2-1901, et sew., Sections 33.1-89, et sew., and Title 22 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 23 simple, including temporary and permanent easements and entire tracts upon which such 24 rights of way or Easements shall be located, within the limitations and conditions of Section 25 33.1-91 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 26 plans entitled ":Safety Improvements at the Intersection of Bonney Road and South a~ Kentucky Avenue, CIP 2-018.002, PWCN-09-0199" (the "Project") and more specifically 2a described on th~~ acquisition plats and plans for the Project (plats and plans collectively 29 referred to as the "Plans"), the Plans being on file in the Engineering Division, Department 30 of Public Works, City of Virginia Beach, Virginia. 31 32 Section ~:. That the City Manager is hereby authorized to make or cause to be 33 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 34 reasonable offer to the owners or persons having an interest in said Property. If refused, 35 the City Attorne~r is hereby authorized to institute proceedings to condemn said Property. 36 37 Adopted Icy the Council of the City of Virginia Beach, Virginia, on the day of 3s , 2010. PREPARED: 4/'14/2010 CA 11388 R-1 \\vbgov.com\dfs1 \applications\citytawprod\cycom32\wpdocs\d001 \p005\00045807.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM c.~- S~ P B IC WORKS/REAL ESTATE CITY A O NEY U lFi.~ .~ £7 S~ ,wl,. xt ~~„~;~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing the Execution the City and Hollis Road Associates, Improvements for Indian River Road Manor Subdivision MEETING DATE: April 27, 2010 of a Cost Participation Agreement Between L.L.C. for the Construction of stormwater Phase VII (CIP 2-256) and the Rose Glen ^ Background: On December 10, 2009, the proposed Rose Glen Manor subdivision (the "Subdivision") was approved. The subdivision is located near the intersection of Indian River Road and Independence Boulevard adjacent to the Indian River Road Phase VII (CIP 2-256) project (the "Road Project"). The developer of the Subdivision, Hollis Road Associates, L.L.C. (the "Developer"), has agreed to oversize the outfall pipes for the subdivision to accommodate the drainage from the Road Project. ^ Considerations: Pursuant to the terms of the proposed Cost Participation Agreement, the stormwater outfall improvements would be completed by the Developer during the construction of the Subdivision. The City's cost is $183,392.71 and is based on the difference between the original outfall pipe sizes and increased size due to the Road Project. Estimated savings by the City resulting from cost participation for the improvements are $103,158.40. ^ Public Information: The City has held a public meeting on January 13, 2004 for the Indian River Road Phase VII (CIP 2-256) project. ^ Alternatives: Do not approve the execution of the Cost Participation Agreement, ' requiring the stormwater management facility to be expanded in the future, at the City's sole expense, as part of the Indian River Road Phase VII (CIP 2-256). The estimate for the construction by the City is $363,000. The road project is not funded in the six-year plan so the estimate is shown in 2018 dollars. ^ Recommendations: Staff recommends Council adopt the Ordinance authorizing the City Manager to execute a Cost Participation Agreement. ^ Attachments: Ordinance Location Map Summary of Terms Recommended Action: Approve Ordinance and Execute Agreement Submitting Department/Agency: Public Works/Enginee ' ~ ~~~'~~~ City Manager: ~ '~ ~- v 1 ORDINANCE AUTHORIZING THE 2 EXECUTION OF A COST PARTICIPATION 3 AGREEMENT BETWEEN THE CITY AND 4 HOLLIS ROAD ASSOCIATES, L.L.C. FOR s THE CONSTRUCTION OF STORMWATER 6 IMPROVEMENTS FOR INDIAN RIVER ROAD ~ PHASE VII ROAD PROJECT (CIP 2-256) AND 8 THE ROSE GLEN MANOR SUBDIVISION 9 to WHEREAS, Hollis Road Associates, L.L.C., a Virginia limited liability company 11 ("Developer"), is the developer of the proposed subdivision to be known as Rose Glen 12 Manor (the "Subdivision") located near the intersection of Independence Boulevard and 13 Indian River Road in the City of Virginia Beach, and is required to construct a 14 stormwater management facility for the Subdivision; is 16 WHEREAS, the City is in the process of realigning, improving and extending 17 Indian River Road pursuant to the project known as Indian River Road Phase VII 18 Project (CIP 2-256) (the "Road Project"); 19 20 WHEREAS, the Developer has requested that the City become a party in a cost 21 participation agreement whereby the Developer will construct the stormwater 22 management facility for the Subdivision with larger stormwater capacity than is required 23 so as to provide stormwater management to both the Road Project and the Subdivision; 24 2s WHEREAS, the City's requested improvements are outlined on Exhibit A, 26 attached hereto and made a part hereof (the "SWMF Improvements"); 27 28 WHEREAS, such construction of the stormwater management facility with larger 29 capacity than is required is of value to the City in providing stormwater management for 3o the Road Project presently, rather than waiting until full construction funding; and 31 32 WHEREAS, the current economical downturn has resulted in competitive bids 33 significantly lower than the engineer's estimate and the City would benefit by taking 34 advantage of the lower cost of construction today. 3s 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 -That the City Manager is hereby authorized to execute a cost participation 4o agreement between the City and Developer for construction of a stormwater 41 management facility in accordance with the Summary of Terms attached hereto as 42 Exhibit B and made a part hereof, and containing such other terms and conditions 43 deemed necessary and sufficient by the City Manager and in a form deemed 44 satisfactory by the City Attorney. 1 4s Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 2010. APPROVED A~~ TO APPROVED AS TO LEGAL CERTIFIED AS TO CONTENT: SUFFICIENCY: AVAILABILITY OF DS: . ---~~_/ epartment of Public City Attorney's Office Department of orks Finance CA11402 \\vbgov.com\DFS I Wpplications\CityLawProd\cycom32\Wpdocs\D014\P007\00052140.DOC R-1 April 16, 2010 2 _ ~ EXHIBIT A `~ N 4 r ~ '~ ~ '' ~ 0~ na S \NQ~ l %~Y ~~ ~~ ~~' `~~ ~~~; '. ROSE GLEN MANOR ` ` ~"" ~" _ SUBDIVISION ,` 2\ ~f O ._ ~ ,~ ~,~ ;: i~ ~\ ~ .~~ ~~ ~' ~ `~ ~; \ ,<~r . A ~,. ~`` ~ iL~ O ` A '~ 'P S ,9O ~'LO ~ y y ', ~.,'',~ ~ d ''~ O . '; ~. ,l ~, Shared Stormwater Management Facility Improvements for Indian River Road Phase VII (CIP #2-256) at Rose Glen Manor Feet 0 100 200 400 EXHIBIT B SUMMARY OF TERMS INDIAN RIVER ROAD PHASE VII (CIP 2-256) AND HOLLIS ROAD ASSOCIATES, L.L.C. COST PARTICIPATION AGREEMENT DEVELOPER: Hollis Road Associates, L.L.C. COST PARTICII?ANT: City of Virginia Beach CONSTRUCTIQ~N COSTS: Payment by the City to Hollis Road Associates, L.L.C. in the amount of $183,392.71. All bonds must be posted prior to payment by the City. Payment will be made within thirty days after i) completion of the improvements in accordance with the approved plans, ii) acceptance by the City, and iii) submission by Developer of a requisition and invoices for the costs. CHANGE ORDI=;RS: Costs associated with any Change Order will be negotiated at the time of the discovery of an unforeseen condition or at the time of any City initiated request for a change. Change Orders must be in writing and be mutually agreed upon. Change Orders may not exceed the total amount to be paid by the City by more than $71,637.78 (25% of original) without the advance written approval of City Council. SPECIAL TERMS AND CONDITICiNS: Developer is required to post a performance bond, pay the standard inspection fees. Developer will perform all preliminary site work including surveying and stakeout, clearing, grading, etc. necessary for the construction of the project. :Developer will construct a stormwater management facility as shown on the Indian River Road Phase VII (CIP 2-256) plans allowing the facility to function as a regional basin. Developer will construct all erosion and sediment control features necessary for the project. Once constructed, the City shall have the right to use the facility for Indian River Road Phase VII stonmwater management. The City shall be responsible for inspecting the improvements and will have the permanent right to maintain flow and reasonable right of access for such inspections and maintenance. Developer, or its successors, shall be responsible for landscape maintenance and bank stabilization. ws~ yy.~ Z _ S ~'... ,.~.e t{;~ CITY OF VIRGINIA BEACH AGENDA ITEM J 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 $449,106 (Richard C. Cocke and Carol A. Clarke) MEETING DATE: April 27, 2010 ^ 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 twelve (12) 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 (i.e., 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 one (1) parcel of land having approximately 40.46 acres outside of marshland or swampland. It is owned by Richard C. Cocke and Carol A. Clarke. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, none of which will be reserved for future development. The parcel, which is shown on the attached Location Map, is located at 416 Princess Anne Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $449,106. This price is the equivalent of approximately $11,100 per acre of easement acquired. 2 The temps 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 clo~;ing. The interest rate to be paid by the City will be the greater of 3.490% 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, poi: to exceed 6.490% 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 payirent, 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 ricihts, 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 Dep~artment/Agency: Agriculture Department ~~v- City ManagerC IF- 4~ 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 $449,106 (RICHARD C. COCKE AND CAROL A. CLARKE) 6 7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 9 presented to the City Council a request for approval of an Installment Purchase Agreement 10 (the form and standard provisions of which have been previously approved by the City 11 Council, a summary of the material terms of which is hereto attached, and a true copy of 12 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 13 (as defined in the Installment Purchase Agreement) on certain property located in the City 14 and more fully described in Exhibit B of the Installment Purchase Agreement for a 15 purchase price of $449,106; and 16 17 WHEREAS, the aforesaid Development Rights shall be acquired through the 18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 19 compliance with, the requirements of the Ordinance; and 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 3.4900% per annum 34 or the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 6.4900% unless the approval of the City Council by 37 resolution duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 47 Manager or his designee to execute and deliver the Installment Purchase Agreement in 48 substantially tree same form and substance as approved hereby with such minor 49 modifications, insertions, completions or omissions which do not materially alter the 50 purchase price or manner of payment, as the City Manager or his designee shall approve. 51 The City Council further directs the City Clerk to affix the seal of the City to, and attest 52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 53 incurrence of the indebtedness represented by the issuance and delivery of the Installment 54 Purchase Agreement. 55 56 4. Tl~e City Council hereby elects to issue the indebtedness under the Charter 57 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 58 the indebtedne;~s a contractual obligation bearing the full faith and credit of the City. 59 60 Adoption requires an affirmative vote of a majority of all members of the City 61 Council. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 64 .2010. CA11408 1\vbgov.comlDFS1 WpplicatIons\CiryLawProdkycom32\Wpdocs1D008\P011\00051199.DOC R-1 DATE: April 12, 2010 APPROVED A~~ TO CONTENT: ~~ Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: (/(~ City Attorney's ffice . CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2009-103 SUMMARY OF MATERIAL TERMS SELLER: COCKS, Richard C. and CLARKS, Carol A. PROPERTY LOCATION: 416 Princess Anne Road, Princess Anne District PURCHASE PRICE: $449,106 EASEMENT AREA: 40.46 acres, more or less DEVELOPMENT POTENTIAL: 4single-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 3.4900% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.4900% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. n~ W O 4~ ca U O ca U o~ V O U C~ V nvJ' W V C'~ l~ d' O d' ca O DC N Q 4~ V ._ -i o ~'''' ~~ ~ ~ s ~,- :._ s~ ~```w,.'"•fl' 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 $288,344 (Property of Truman D. Baxter, Jr.) MEETING DATE: April 27, 2010 ^ 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 twelve (12) 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 (i.e., 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 37.94 acres outside of marshland or swampland. It is owned by Truman D. Baxter, Jr. Under current development regulations, there is a total development potential of three (3) single-family dwelling building sites, none of which will be reserved for future development. The parcels, which are shown on the attached Location Map, are located at 3457 Land of Promise Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $288,344. 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 clo:>ing. The interest rate to be paid by the City will be the greater of 3.460% per annum or irhe 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 6.460% 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 hawing general circulation in the City once per week for two successive weeks. ^ Alternal:ives: The City Council may decline to purchase the development rights to the property. ^ Recommendations: Adoption of the ordinance and acquisition of the development ril~hts, 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 O~-'- City Manage ~-- ~~`L 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 $288,344 (TRUMAN D. BAXTER, JR.) 6 7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 9 presented to the City Council a request for approval of an Installment Purchase Agreement 10 (the form and standard provisions of which have been previously approved by the City 11 Council, a summary of the material terms of which is hereto attached, and a true copy of 12 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 13 (as defined in the Installment Purchase Agreement) on certain property located in the City 14 and more fully described in Exhibit B of the Installment Purchase Agreement for a 15 purchase price of $288,344; and 16 17 WHEREAS, the aforesaid Development Rights shall be acquired through the 18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 19 compliance with, the requirements of the Ordinance; and 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 3.4600% per annum 34 or the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 6.4600% unless the approval of the City Council by 37 resolution duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 47 Manager or his designee to execute and deliver the Installment Purchase Agreement in 48 substantially tF~e same form and substance as approved hereby with such minor 49 modifications, iinsertions, completions or omissions which do not materially alter the 50 purchase price or manner of payment, as the City Manager or his designee shall approve. 51 The City Council further directs the City Clerk to affix the seal of the City to, and attest 52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 53 incurrence of the indebtedness represented by the issuance and delivery of the Installment 54 Purchase Agreement. 55 56 4. Tt~e City Council hereby elects to issue the indebtedness under the Charter 57 of the City rathe:r than pursuant to the Public Finance Act of 1991 and hereby constitutes 58 the indebtedne:>s a contractual obligation bearing the full faith and credit of the City. 59 60 Adoption requires an affirmative vote of a majority of all members of the City 61 Council. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 64 _, 2010. CA11407 \\vbgov.comlDFS1 Wpplications ~CftyLawProdlcycom321Wpdocs\D0081P011\00051179. DOC R-1 DATE: April 12, 2010 APPROVED AS~ TO CONTENT: ~ ~1~~_ Agriculture Dep<~rtment APPROVED ASY TO LEGAL SUFFICIENCY: ~~~~~~ City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2009-96 SUMMARY OF MATERIAL TERMS SELLER: BAXTER, Jr. Truman D. PROPERTY LOCATION: 3457 Land of Promise Road, Princess Anne District PURCHASE PRICE: $288,344 EASEMENT AREA: 37.94 acres, more or less DEVELOPMENT POTENTIAL: 3single-family dwelling sites (3 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.4600% (actual rate to be determined when STRIPS aze purchased prior to execution of IPA). Rate may not exceed 6.4600% without approval of City Council. TERMS: Interest only twice per yeaz for 25 years, with payment of principal due 25 yeazs from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) yeaz following execution and delivery of IPA. N N ~ ~ ~ ~ O ti ~„~ ~ I L ~ O X ~ m ~ ~ ~ o ~ ~ ~ ~ o ~ ~ c~ a~aad~say~ ~o ~~i~ H E '~. , ~~ s .~., 4~~'~ '~~ ''•~J 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 $238,428 (Property of Walter J. Roe, Jr. and Jennifer S. Roe) MEETING DATE: April 27, 2010 ^ 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 twelve (12) 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 (i.e., 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 one (1) parcel of land having approximately 32.22 acres outside of marshland or swampland. It is owned by Walter J. Roe, Jr. and Jennifer S. Roe. Under current development regulations, there is a total development potential of three (3) single-family dwelling building sites, one (1) of which will be reserved for future development as a 3 acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The parcel, which is shown on the attached Location Map, is located at 5125 Morris Neck Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $238,428. This price is the equivalent of approximately $7,400 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 3.490% 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, no1r to exceed 6.490% 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 Dep~~rtment/Agency: Agriculture Department 0~~--~"- City Manager: C ~L .~~ 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 $238,428 (WALTER J. ROE, JR. AND JENNIFER S. ROE) 6 7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 9 presented to the City Council a request for approval of an Installment Purchase Agreement 10 (the form and standard provisions of which have been previously approved by the City 11 Council, a summary of the. material terms of which is hereto attached, and a true copy of 12 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 13 (as defined in the Installment Purchase Agreement) on certain property located in the City 14 and more .fully described in Exhibit B of the Installment Purchase Agreement for a 15 purchase price of $238,428; and 16 17 WHEREAS, the aforesaid Development Rights shall be acquired through the 18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 19 compliance with, the requirements of the Ordinance; and 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 3.4900% per annum 34 or the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 6.4900% unless the approval of the City Council by 37 resolution duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 47 Manager or his; designee to execute and deliver the Installment Purchase Agreement in 48 substantially tt~e same form and substance as approved hereby with such minor 49 modifications, insertions, completions or omissions which do not materially alter the 50 purchase price or manner of payment, as the City Manager or his designee shall approve. 51 The City Coun~:,il further directs the City Clerk to affix the seal of the City to, and attest 52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 53 incurrence of the indebtedness represented by the issuance and delivery of the Installment 54 Purchase Agreement. 55 56 4. Tlhe City Council hereby elects to issue the indebtedness under the Charter 57 of the City rathE~r than pursuant to the Public Finance Act of 1991 and hereby constitutes 58 the indebtedness a contractual obligation bearing the full faith and credit of the City. 59 60 Adoption requires an affirmative vote of a majority of all members of the City 61 Council. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 64 _, 2010. CA11406 1\vbgov.com\DFS1 Wpplications\CityLawProdlcycom321VYpdocs\D008\P011\00051174.DOC R-1 DATE: April 12, 2010 APPROVED A~~ TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: o~.~-- Agriculture Department L.l~tGt~z~G~ u~~ Div City Attorney's OfFce . CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2009-102 SUMMARY OF MATERIAL TERMS SELLER: ROE, Jr. Walter J. and ROE, Jennifer S. PROPERTY LOCATION: 5125 Morris Neck Road, Princess Anne District PURCHASE PRICE: $238,428 EASEMENT AREA: 32.22 acres, more or less DEVELOPMENT POTENTIAL: 3single-family dwelling sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.4900% (actual rate to be determined when STRIPS aze purchased prior to execution of IPA). Rate may not exceed 6.4900% without approval of City Council. TERMS: Interest only twice per yeaz for 25 yeazs, with payment of principal due 25 yeazs from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) yeaz following execution and delivery of IPA. ~, ~ ~ W V O ca ~ a. N N 4~ • O N ~ m . _ c~ ~ o ~ oc a~ ~ ~ V ~ ~ ~ z ._ a~ -~ o ~g N M- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Island Lake located at the rear of 2404 Windward Shore Drive, for property owners Wolfgang J. Bay and Terri J. Bay MEETING DATE: April 27, 2010 ^ Background: Wolfgang J. Bay and Terri J. Bay have requested permission to construct and maintain a bulkhead in a portion of City property known as Island Lake, located at the rear of 2404 Windward Shore Drive, Virginia Beach, Virginia. In August, 2005, Wolfgang J. Bay and Terri J. Bay were granted a temporary encroachment for a boat lift and open pile timber pier. That temporary encroachment remains in place. Island Lake is a part of the waterways in the Bay Island section of the City. There are other encroachments on Island Lake that are similar to this encroachment. ^ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. The Department of Planning/Environmental Management Center has determined that the applicant shall make a FIVE HUNDRED AND THIRTEEN DOLLAR ($513.00) payment, payable to the City Treasurer to the Department of Planning as compensation for the riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City owned property. ^ Public Information: Advertisement of City Council Agenda ^ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ^ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ^ Attachnnents: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting De~partment/Agency: Public Works/Real Es e ,rr,,yr r G~i~;' City Manager: ~~ k. 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS ISLAND LAKE ~ LOCATED AT THE REAR OF 2404 s WINDWARD SHORE DRIVE FOR 9 PROPERTY OWNERS WOLFGANG J. to BAY AND TERRI J. BAY 11 12 WHEREAS, Wolfgang J. Bay and Terri J. Bay desire to construct and maintain a 13 bulkhead upon the City's property known as Island Lake located at the rear of 2404 14 Windward Shore Drive, in the City of Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the is City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Wolfgang J. Bay and Terri J. 24 Bay, their heirs,~assigns and successors in title are authorized to construct and maintain 25 a temporary encroachment for a bulkhead in the City's property known as Island Lake 25 as shown on the map marked Exhibit "A" and entitled: "ENCROACHMENT REQUEST - 27 "EXHIBIT A" BULKHEAD FOR WOLFGANG BAY LOT 42 BAY ISLAND SECTION 1 2 s (M.B. 45 PG. 37) DATE: JANUARY 15, 2010, SHEET 1 OF 1," a copy of which is on file 29 in the Department of Public Works and to which reference is made for a more particular 3 o description; and 31 32 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and Wolfgang J. Bay and Terri J. Bay (the "Agreement"), which is 3 5 attached hereto and incorporated by reference; and 36 37 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 3 s is hereby authorized to execute the Agreement; and 39 4o BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 41 time as Wolfgang J. Bay and Terri J. Bay and the City Manager or his authorized 42 designee execute the Agreement. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 4 5 of .2010. CA-11233 X:101D\REAL ESTATE1Encroactiments\PW Ordinances\CA11233 l3ay Ordiance.doc V:\ApplicationslCitylawProd\cycom321W pdocs1D011 \POOT00044012. DOC R-1 PREPARED: 3/31 /2010 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM C WORKS, EAL EST RMEYER, ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) -Ifi THIS AGREEMENT, made this /g day of ~~~c f/ , 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WOLFGANG J. BAY and TERRI J. BAY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 42, Section One, Bay Island" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1 "= 100', FEBRUARY, 1958, prepared by FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2404 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a bulkhead, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Island Lake the "Encroachment Area"; and G P I N: 1499-98-5533-000 0 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment ~Nithin the Encroachment Area. N~JW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), gash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of con;>tructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and thE: City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows,,to wit: A Temporary Encroachment into the Encroachment Area as sf•~own on that certain plat entitled: "ENCROACHMENT RI=QUEST - "EXHIBIT A" BULKHEAD FOR WOLFGANG Bi~Y LOT 42 BAY ISLAND SECTION 1 (M.B. 45 PG. 37) D~4TE: JANUARY 15, 2010, SHEET 1 OF 1," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and ~~rantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment I~erein authorized terminates upon notice by the City to the Grantee, and that within thirt}~ (30) days after the notice is given, the Temporary Encroachment must be removed froir the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") It is understood and agreed the Grantee shall make a FIVE HUNDRED AND THIRTEEN DOLLAR ($513.00) payment, payable to the City Treasurer, to the Department of Planning as compensation in lieu of the typically required 15 feet of riparian buffer area required as a standard condition of the City, which cannot be established on the Grantee's property. Said payment will be used to restore buffer areas on other City owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as 3 additional namE:d insured or loss payee, as applicable. The Grantee also agrees to carry comprehE:nsive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or 1:ermination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment i~nust conform to the minimum setback requirements, as established by the City. " It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment ~~nd charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the rE:al property tax upon the land so occupied if it were owned by the Grantee; and if :such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per d~~y for each and"every day that the Temporary Encroachment is allowed to continue therE;after, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, WOLFGANG J. BAY and TERRI J. BAY, the said Grantee, h~~ve caused this Agreement to be executed by their signatures. Further, 4 that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of _, 2010, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authc>rized Designee of the City Clerk STATE OF VIRI~INIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of _, 2010, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 6 STATE OF vIRGI I , CITY/COUNTY OF i ~ S a ~ , to-wit: 1(~ ~~ The foregoing instrument was acknowledged before me this 1 I day of ~1 ~~~~ 1~- , 2010, by Wolfgang J. Bay. (SEAL) Notary Registration Number: ~13~)~ My Commission Expires: ~ ' 3~ o~~` 1 Public ~1`: 'w~~.'9l ion ~ ,,,, O •'' ••.......... °'~q RY pJ STATE OF vIRGIIVI t CITY/COUNTY OF i T 1 , to-wit: ~q~~ The foregoing instrument was acknowledged before me this day of arG~ , 2010, by Terri J. Bay. ~ (SEAL) Not ublic Notary Registration Number: ~ ~?~~' ~ 6 _ O ~ E"P' ti•• -~ z ' ~~„ o My Commission Expires: ~ ~ ~ ~ ~,~s's °~ (j ?ar.~~,N,P:~ A'~ "~~~• q RY Pv~r ~.,._ 7 r O Wolfga J. Bay APPROVED ~\S TO CONTENTS C- ~+~s~ ATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ANA R. ARMEYER, ASSISTANT CITY ATTORNEY APO 2 CfIY OF^^VI••RG,,I,,N••IA,, BEACH W'~1~ ~' 1fo {J -1~„ t~YW7GI'li/ PTS. A-~ INSTALL IN-LJNE PTS. 8-D: N45TALL 2' CLWARD B SF OF WETLANDS IMPACTED = 0 A APO 1 N/F ROBERT CUNNINGHAM 2408 WINDWARD SHORE DR. GPIN: 1499 98 4429 o s 7zso'so' w t 2" D . ~ 1D3.Dr • 12" D ,. • 12' D W n ~ N N .-. BUr r G~~ ® 350 SF (1) RIVER BIRCH (CANOPY) (2) RED BUDS (UNDERSTORY) (3) BLACK EYED SUSANS ® 510 SF (2) RIVER BIRCH (CANOPY) (4) RED BUDS (UNDERSTORY) (6) BLACK EYED SUSANS BUFFER MULCH SHALL BE PINE STRAW BUFFER SHALL BE ESTABLISHED DURING FALL, WINTER OR SPRING ~ REVISED: 3/29/10 GPIN: 1499 98 5533 ZONING: R20 APO'S: 1. R. CUNNINGHAM 2. CITY OF VIRGINIA BEACH 3. D. JACKSON ENOHIEERING SERVICES PROVIDED 8Y: PROFESSIONAL CONSTRUCTION CONSULTANTS. LLC. P!K)NE: (757) 773-8084 T]3WL• RK:KOPCC-LLC.COM N R~ C S TWBER BULKHEAD TO RDANN POINTS '8' TO 'D'. ~ BELOVED POINTS A' TD ~B~ MHW AND MLW p Ex. BULKHEAD TIE-IN Ta EX. BIILKHfAD OF 0. 4~ W ~ JACKSON O PT. D 5 rN 07 ~ EX. SHRUBS APO 3 N/F DANA JACKSON 2400 WINDWARD SHORE DR. GPIN: 1499 98 6630 • ' ~, EX. POOL. . • 12' D = Elf. N =-=oc. oeuc- a~ ~ y u - ~ N ~ O 2 STY. BR. do FR. I I E #2404 • EX. TREES • • ~C•e~!~'AY, DECIDUOUS D • EVERGREEN E Re1334.70' - - A=130.00' 160' TO WINDWARD SHORE DRIVE (50' R/W) CLIPPER LANE SCALE: 1 "=40' ENCROACHMENT REQUEST - "EXHIBIT A" BULKHEAD FOR WOLFGANG BAY LOT 42 BAY ISLAND SECTION 1 (M.B. 45 PG. 37) JANUARY 15, 2010 SHEET 1 OF 1 ?~~, _" ~y~ ~1~~ 4 a~~ 'i'~""~' ~-.~' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinances Designating Organizations as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: April 27, 2010 ^ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ^ ConsidE~rations: The Commissioner of Revenue has received four applications in this reporting period. The Commissioner reviewed each application. The Commissioner finds the following applicants qualify for exemption from personal property taxes: • The Org~inization Against Injustice & Social Malpractice (TOAISM) • Life in CFirist Ministries, Inc. • Hampton Roads Community Care, Inc. • Chesapeake Bay Wine Classic Foundation ^ Public Information: A public hearing for these items will be held on April 27th, at the Council Formal :iession. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, these items will be advertised in the normal Council Agenda Process. ^ Attachments: Four Ordinances, City Council Policy Regarding Applications for Tax Exemption by Designation, Commissioner of Revenue Letter, Commissioner of Revenue Summary for Each Application Recommended Action: Approval of Ordinances for: The Organization Against Injustice & Social Malpractice (TOAISM); Life in Christ Ministries, Inc.; Hampton Roads Community Care, Inc.; and Chesapeake Bay Wine Classic Foundation Submitting Dep~artment/Agency: Commissioner of the Revenu City Managers k , ~+ City Hall Virginia Beach, VA 23456-9002 Philip J. Kellam Commissioner Apri19, 2010 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Subject: Initial Report on Applicants for Exemption from Property Taxes Dear Mayor and Council Members: VBgov.com/cor Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation from personal and real property taxes'. The City Council accepted this authority and ordained a policy utilizing the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemptionz. On May 6, 2008 the City Council revised and re-ordained the process providing for the Commissioner of the Revenue to review and report to City Council on such applications3. The Commissioner's Office has received 4 applications in this reporting period. The following applicants qualify for exemption from personal property taxes: The Organization against Injustice & Social Malpractice (TOAISM) Life in Christ Ministries Inc. Hampton Roads Community Care Inc. Chesapeake Bay Wine Classic Foundation I am available if you have questions or concerns regarding the recommendations. Sincerely, Philip J. Kellam Commissioner of the Revenue Enclosures ' Code of Virginia 58.1-3651 z ORD-2798I ' ORD-3009K J~ y ~~1~ i v~/ ~• ~w...ri .D ~ ~V •. .:s ~ ~..~.::~~~.'.-.. ' CI t G'~ i111 Cl~ ~4.~1 C y .~ Original Proposal Tide: City Council Policy Regarding Applications for Tax Exemption by Des~ignarion Date of Adoption February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 of 4 1.0 Pur ose :tnd Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need Ci~ry Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governme~zts may, by designation, exempt the real and personal properly of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, lbenevolent, cultural, or public park and playground purposes. However, as provided in Virginia. Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the ProPenY• . 2.0 PoIicy The City Council is not required to designate any organization properly applying for exemption from taxaticm, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the Ciry Council may revoke the tax exemption after providing notice and ~i hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed inf~rrnation necessary to determine the benefits to the public that will result from granting tar: exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: Ciry Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 ,of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all Ciry ordinances and regulations (including ' but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Counal: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the Ciry Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of iu financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accom~ish PolicX, Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°A.rticle 3 (§58.1-3649 et seq.) of ~tle 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: Eebniary 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3b51 and be approved as to form by the Ciry Attorney. 2. Applications foz exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shaIl be submitted no later than October 1 of the year preceding the effective date of the exemption Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualii~ies for exemption under law and Ciry policy. The Commissioner of the Revenue will not snrbmit applications he deems incomplete to Ciry Counal for a determination. 3. The t ;ommissioner of the Revenue shall forward copies of the applications along with his written f ndings to the Ciry Attorney. The Ciry Attorney shall prepare the necessary ordinances for Ciry Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the Ciry Council's agenda for a public hearing and formal consideration. 4. The Ciry Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January 1. b. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the membezs of City Council. 4.0 ResQonsilrility and Authority Responsit~iliry for initiating application for exemption and timely providing any information or applicatia~ required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsil;~iliry for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the Ciry Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Council Policy Regarding Applications for Tax Exemption by Design:stion Date of Adoprion: ?ebruary 3, 2004 Dares of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC B1r:NEFTI'- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 ecific Re uirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and suf-stance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Coundl. 1 AN ORDINANCE TO DESIGNATE THE 2 ORGANIZATION AGAINST INJUSTICE AND SOCIAL 3 MALPRACTICE (TOAISM) AS BEING EXEMPT FROM 4 LOCAL PERSONAL PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the. issue of 8 granting an exemption from local personal property taxes to The Organization Against 9 Injustice and Social Malpractice (TOAISM). 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The 15 Organization Against Injustice and Social Malpractice (TOAISM) as a charitable 16 organization within the context of § 6(a)(6) of Article X of the Constitution of Virginia. 17 18 2. That personal property owned by The Organization Against Injustice and Social 19 Malpractice (TOAISM) located within the City of Virginia Beach that is used exclusively for 20 charitable purposes on a nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property owned by The Organization Against Injustice 25 and Social Malpractice (TOAISM) for exclusively charitable purposes; 26 27 (b) that each July 1, The Organization Against Injustice and Social Malpractice 28 (TOAISM) shall file with the Commissioner of the Revenue a copy of its most 29 recent federal income tax return, or, if no such return is required, it shall 30 certify its continuing tax exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on July 1, 2013, The Organization Against 33 Injustice and Social Malpractice (TOAISM) shall file an exemption application 34 with the Commissioner of the Revenue as a requirement for retention of the 35 exempt status of the property; and 36 37 (d) that The Organization Against Injustice and Social Malpractice (TOAISM) 38 cooperate fully with the Commissioner of the Revenue with respect to audit 39 of its financial records, compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2010. Requires an a~nnative vote ofthree-fourths of the members of the City Council. APPROVED A.S TO CONTENT: Commissioner of the evenue CA11482 R-1 March 24, 2010 APPROVED AS TO LEGAL SUFFICIENCY: C~ e s ffice ENTITY NAME The Organization Against Injustice & Social Malpractice (TOAISM) 3529 Purebred Drive Virginia Beach, VA 23453 Website htcp:%,'www.toaismntemational.or~~i index.html SUMMARY OF NONPROFIT BUSINESS ACTIVITY TOAISM is an organization dedicated to serving every citizen, but with special focus on children and young adults. They educate our youth population by providing education on alternatives to crime and violence as well as offer a lawyer referral program to victims of crime and to those who have committed crime. Their juvenile support services help in reintegrating those wishing to enjoy acrime-free life through becoming a strong, responsible member of the community. The organization's goal is to reduce or eliminate social decadence, ensure that no one suffers injustice, and no one is denied justice. Free services include: 1. Victim Justice Support 2. Crime Prevention and Community Building 3. Support services to those seeking redress for injustice suffered. 4. Lawyer referral service 5. Work with subject and lawyer, in the subject's interest 6. they assist with case-related tasks and represent individuals so they may stay at work or attend to other critical needs. TAX IMPACT Business Property: Assessment: $1158.00 Tax: $42.85 Personal Property Assessment: None Tax None Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status -October 26, 2007 1 AN ORDINANCE TO DESIGNATE LIFE IN CHRIST 2 MINISTRIES, INC. AS BEING EXEMPT FROM LOCAL 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Life in Christ Ministries, Inc. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Life in 13 Christ Ministries, Inc. as a charitable organization within the context of § 6(a)(6) ofArticle X 14 of the Constitution of Virginia. 15 16 2. That personal property owned by Life in Christ Ministries, Inc. located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis 18 is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property owned by Life in Christ Ministries, Inc. for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Life in Christ Ministries, Inc. shall file with the Commissioner 26 of the Revenue a copy of its most recent federal income tax return, or, if no 27 such return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 (c) that every three years, beginning on July 1, 2013, Life in Christ Ministries, 30 Inc. shall file an exemption application with the Commissioner of the 31 Revenue as a requirement for retention of the exempt status of the property; 32 and 33 34 (d) that Life in Christ Ministries, Inc. cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2010. Requires an affirmative vote of three-fourths of the members of the Cify Council. APPROVED ~~S TO CONTENT: . , Commissioner of Revenue CA11483 R-1 March 24, 2010 APPROVED AS TO LEGAL SUFFICIENCY: ity ney's Office ENTITY 1yAME Life in Christ Ministries Inc. 3700 Summer Place (office use only) Virginia Beach, VA 23453 Website htt ~:!iwww.lifeinchristministries.ore/index.html SUMMARY OF NONPROFIT BUSINESS ACTIVITY Life in Christ Ministries Inc. is a group of volunteers dedicated to helping the citizens of Virginia Beach. blankets, school supplies and food to help the local They actively solicit donations in the form of clothing, homeless population, nursing homes, and schools. Over the past year, the organization has made monthly visits to several nursing homes to spread the love of Christ and distribute needed items. In 2009, they donated school supplies and eight children's coats to Rosemount Elementary School. TAX IMPACT Business Property: Assessment: $120.00 Tax: $1.78 Personal Property Assessment: None Tax None Real Property Assessment:. None Tax : None . RELEVANT INFORMATION IRS Granted 501 (c) 3 status -June 24, 2006 1 AN ORDINANCE TO DESIGNATE HAMPTON ROADS 2 COMMUNITY CARE, INC. AS BEING EXEMPT FROM 3 LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Hampton Roads Community 8 Care, Inc. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Hampton Roads Community Care, Inc. as a charitable organization within the context of § 15 6(a)(6) of Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Hampton Roads Community Care, Inc. located 18 within the City of Virginia Beach that is used exclusively for charitable purposes on a 19 nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property owned by Hampton Roads Community Care, 24 ~ Inc. for exclusively charitable purposes; 25 26 (b) that each July 1, Hampton Roads Community Care, Inc. shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 (c) that every three years, beginning on July 1, 2013, Hampton Roads 31 Community Care, Inc. shall file an exemption application with the 32 Commissioner of the Revenue as a requirement for retention of the exempt 33 status of the property; and 34 35 (d) that Hampton Roads Community Care, Inc. cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records, 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED ~~S TO CONTENT: _~ Commissioner oft Revenue CA11484 R-1 March 24, 2010 APPROVED AS TO LEGAL SUFFICIENCY: i y ney s ffice ENTITY NAME Hampton Roads Community Care Inc. T/A Wave City Cares 2610 Potters Rd (office use only) Virginia Beach, VA 23452 Website htih•//www.wavechurch.cami SUMMARY OF NONPROFIT BUSINESS ACTIVITY Wave City Care is an organization dedicated to improving the lives of individuals and families in Hampton Roads accomplished through Basic Care Food distribution, running a Soup Kitchen, Clothes Closet, Educational Services (Tutoring and Mentoring), and Health and Human Services. This organization is an initiative of Wave Church. In 2009, they distributed food to 445 households, served 4761 hot meals at local soup kitchens and distributed 3274 boxes of food for Angel Food Ministries. They also provided educational services by mentoring after school, and hosted a back to school program at Atlantis apartments where they provided schools supplies for 1000 students. TAX IMPACT Business Property: Assessment: $232.00 Tax: $8.58 Personal Property Assessment: $5775.00 Tax $64.10 Real Property Assessment: None Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status -September 13, 2002 1 AN ORDINANCE TO DESIGNATE CHESAPEAKE BAY 2 WINE CLASSIC FOUNDATION AS BEING EXEMPT 3 FROM LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Chesapeake Bay Wine Classic 8 Foundation. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Chesapeake Bay Wine Classic Foundation as a charitable organization within the context 15 of § 6(a)(6) of Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Chesapeake Bay Wine Classic Foundation 18 located within the City of Virginia Beach that is used exclusively for charitable purposes on 19 a nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property owned by Chesapeake Bay Wine Classic 24 Foundation for exclusively charitable purposes; 25 26 (b) that each July 1, Chesapeake Bay Wine Classic Foundation shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 (c) that every three years, beginning on July 1, 2013, Chesapeake Bay Wine 31 Classic Foundation shall file an exemption application with the Commissioner 32 of the Revenue as a requirement for retention of the exempt status of the 33 property; and 34 35 (d) that Chesapeake Bay Wine Classic Foundation cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records, 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commissioner of t e venue CA11485 R-1 March 24, 2010 APPROVED AS TO LEGAL SUFFICIENCY: l City A orney's Office ENTITY NAME Chesapeake Bay Wine Classic Foundation 613 Bushnell Ct Virginia Beach, VA 23451 Website htth•_'r~~w~~~.cbwc.or~/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Chesapeake Bay Wine Classic Foundation is dedicated to the belief that the future strength and prosperity of our region and nation are dependent on the education of our youth. Since its inception in 1990, the Foundation has raised and distributed millions of dollars to organizations which have supported the youth of South Hampton Roads, enabling thousands to pursue higher education, meaningful careers and fulfilling lives. In order to fund its mission, the Foundation stages a variety of events, highlighted by the Annual Grand Auction, for those with a special interest in enjoying, sharing and collecting wines. The primary beneficiary of the Foundation is the Access College Foundation. TAX IMPACT Business Property: Assessment: $350.00 Tax: $12.95 Personal Property Assessment: None Tax None Real Property Assessment: None 'I'mo; None RELEVANT INFORMATION IRS Granted 501 (c) 3 status -March 15, 1998 HU ~~ °. <" ~,'.' :~`~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Grant Funds from the Department of Homeland Security to Capital Project #3-138, UASI Interoperable Communications Technology Grant MEETING DATE: April 27, 2010 ^ Background: In FY 2006-07, Hampton Roads was designated an Urban Area Security Initiative (UASI) region. With this designation, the region is eligible for certain Homeland Security grant funding. The UASI Interoperable Communications Technology Regional Grant, coordinated through the state of Virginia and the Hampton Roads Planning District Commission, originally allocated $3,213,780 for interoperable communication enhancements. Recently, the City was awarded an additional $330,000 grant adjustment. ^ Considerations: This funding will be used to meet communications needs, including additional regional P25 Orion capable 700/800MHz radios. To facilitate the implementation of the Overlay Regional Interoperability Network (ORION) subscriber radio base expansion, the Telecommunications Division of the Communications and Information Technology Department, the ORION Steering Committee, the Hampton Roads Interoperable Communications Advisory Committee and an engineering firm will continue to provide support, analysis and project management needs. ^~ Public Information: Public information will be handled through the normal Council Agenda public information process. ^ Recommendations: The recommendation is for City Council to appropriate $330,000 for CIP 3-138. ^ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Communications and Information Technolo w'~, City Manager. S ~ , b~'1. 1 AN ORDINANCE TO APPROPRIATE GRANT FUNDS 2 FROM THE DEPARTMENT OF HOMELAND 3 SECURITY TO CAPITAL PROJECT # 3-138, UASI 4 INTEROPERABLE COMMUNICATIONS 5 TECHNOLOGY GRANT 6 7 WHEREAS, the U.S. Department of Homeland Security has allocated an 8 Interoperable Communications Technology Grant to the Hampton Roads Planning 9 District Commission; and 10 11 WHERI.AS, the City of Virginia Beach in coordination with the state of Virginia 12 and the Hampton Roads Planning District Commission (HRPDC) is the coordinating 13 funding agency for supporting regional efforts to provide equipment and training for the 14 regional communication network. 15 16 NOW, "THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BED\CH, VIRGINIA: 18 19 That $330,000 is hereby accepted from the U.S. Department of Homeland 20 Security and appropriated, with federal revenue increased accordingly, to Capital 21 Project # 3-138, UASI Interoperable Communications Technology Grant, in the FY 22 2009-10 Capit~~l Budget. Adoptecl by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. Requires tin affirmative vote by a majority of all of the members of City Council. APPROVED A;S TO CONTENT: ~~ C~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: Ci A ey's ffice CA11497 R-2 April 14, 2010 ~, ji~.~ ft` 4 ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for Contingencies to the FY 2009-10 Operating Budget of the Department of Housing and Neighborhood Preservation to Address an Imminent Public Safety Risk MEETING DATE: April 27, 2010 ^ Background: The structure at 208 17th Street, previously known as the Roland Theatre, has been determined to represent an imminent public safety hazard and, therefore, needs to be demolished. This conclusion is based on the recent partial collapse of the building facade on 17th Street, and the structural deficiencies that make further collapse highly likely. The City has a court order authorizing demolition of the structure. This action comes at the end of long-term efforts to have the building preserved. Over the last fifteen months, staff has given the owner multiple opportunities to avoid demolition, worked to arrange potential development agreements to preserve the building, and provided both direct and indirect technical and development guidance in an effort to achieve the preservation of the building without jeopardizing public safety. However, the owner has neither agreed to any development agreement nor taken any steps to secure the building. ^ Considerations: The demolition prior to Memorial Day is considered important to minimize impacts to the Resort Area. Additionally, there are financial considerations. Code Enforcement has an annual budget for abatement of nuisances, but the cost of this item alone far exceeds that budget. Therefore, a transfer of funds is requested. The estimated cost for demolition only is $63,152. However, asbestos is present in the building and abatement is required prior to demolition. Staff is in the process of obtaining the actual dollar figure for the abatement, but it could potentially cost $100,000. Therefore, a transfer of $200,000 is requested to cover all costs, plus any contingencies. However, only the actual cost will be expended. In addition, the court order requires that the owner pay the cost of demolition, so all appropriate efforts to obtain owner repayment will be undertaken. Funding is currently available in the FY 2009-10 Reserve for Contingencies, and the remaining balance would be $819,033 if this transfer is approved. ^ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/A ency: Housin i ~borhood Preservation City Manager: S ~ ~~ 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES 3 TO THE FY 2009-10 OPERATING BUDGET OF THE 4 DEPARTMENT OF HOUSING AND NEIGHBORHOOD 5 PRESERVATION TO ADDRESS AN IMMINENT 6 PUBLIC SAFETY RISK 7 8 BE IT C-RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $200,000 is hereby transferred from the General Fund Reserve for 12 Contingencies i:o the FY 2009-10 Operating Budget of the Department of Housing and 13 Neighborhood Preservation to demolish a structure that presents an imminent public 14 safety hazard. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of _, 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C; . Management SE~rvices I City rney's Office CA11505 R-1 April 20, 2010 PLANNING Application of LIVING FAITH CHRISTIAN FELLOWSHIP/MARSH WOOD PROPERTIES, LLC for a Conditional Use Permit re a religious use at 5257 Challedon Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 2. Application of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re adding a lot to be used as open space to the existing church site at 4309 Blackbeard Road DISTRICT 4 -BAYSIDE RECOMMENDATION APPROVAL Application of JEFFREY D. BLAKE (OPEN AIR JEEPS, LLC) for a Conditional Use Permit re an auto repair garage at 800 Seahawk Circle, Suites 128 & 129 DISTRICT 6 -BEACH RECOMMENDATION APPROVAL 4. Application of KUBER HOSPITALITY CORP. for a Change of Zoning District Classification from H-1 Hotel District to Conditional B-2 Community Business District and Conditional H-1 Hotel District re a retail center at 1808 Diamond Springs Road DISTICT 4 -BAYSIDE RECOMMENDATION APPROVAL 5. Application of LAKE GEM D8, L.L.C. for Modification of Conditions 2, 5 and an additional condition (approved by City Council on May 13, 2009) to allow operation of the Outdoor `Green' Market the weekend prior to Thanksgiving and Christmas holidays in addition to the days previously approved, allow homemade items as well as handmade items and request a manned table with literature advertising the Red Mill Marketplace Shops at 2181 Upton Drive DISTRICT 7 -PRINCESS ANNE RECOMMMENDATION APPROVAL `~ ~~ ~~ z e~ t:~.. £lr NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, April 27, 2010, at 6:00 p.m. The following applications will be heard: PRINCESS ANNE DISTRICT Lake Gem D8, L.L.C. Application: Modification of Conditions (approved by City Council on May 13, 2009) at 2181 Upton Drive. KEMPSVILLE DISTRICT Living faith Christian Fellowship/Marsh Wood Properties, LLC Application: Conditional Use Permit for a religious use at 5257 Challedon Drive. BAYSIDE DISTRICT Baylake United Methodist Church Application: Conditional Use Permit for a religious use at 4309 Blackbeard Road. Kuber Hospitality Corp. Application: Chan e of Zoning District Classification from H-1 Hotel to Conditional B-2 Community Business and Conditional H-1 Hotel at 1808 Diamond Springs Road. Comprehensive Plan: Strategic Growth Area 1. Purpose: Retail Development. BEACH DISTRICT Jeffrey D. Blake (Open .Air Jeeps, LLC) Application: Conditional Use Permit for an auto repair garage at 800 Seahawk Circle, Suites 128 & 129. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto•//www.vb~ov.com/oc For information call 385-462L If you are physically d'~sabled or visually impaired and need assistance at this me~ng.sPlease Fap the ,~ITx .,(i~~'S OFFlCE at 385-4303. jBgaFo~ ApriF 118 18, 2010 ~ ^ ` 21162082 1'fan T1R z -.-. .~ ~~~ f~ s~~:~ La~~in~ r dull 1,111'IStiall r'elia«'Shi~l Cam'- ~~ _ r.s = ~• _',aF~ i ~, ~, c_`,;r _ ~ ' ~~ .ss,~~.. '~.;`` ~ y~ '~~~, ~ .~.~ - ~ ,. ~ n, f ,, i /r~,~ ~~ ~.. ,~. ~ - .` `. r. ~ ~' ~_ _ .- _ ~ i e ~ f ,.. _. _„~ ( J ~ \ R~ o ~~ ~ .. -= : . ~~ ~ ~ - 4 ~ ~ R1~~ i ~ F ~ I ~ `~,.~ rf +s` ~~ L ~ ; ,'Ey 11 ----- ti _ , ~.r r .,1: '"161 ~.~ 1 '~-` 4 t!1' - TOC R@/l9lOUS USES ~~ ,..~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LIVING FAITH CHRISTIAN FELLOWSHIP /MARSH WOOD PROPERTIES, LLC, Conditional Use Permit, religious use, 5257 Challedon Drive. KEMPSVILLE DISTRICT. MEETING DATE: April 27, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow a 100-member church on property zoned B-2 Community Business District. The church will occupy an existing 5,349 square foot office building situated on a 0.58-acre parcel. The parcel is located on Challedon Drive, a long cul-de-sac surrounded by office and office-warehouse uses. Two of the parcels to the southeast of the subject site were previously approved for churches, in 2002 and 2009. ^ Considerations: Religious services will be held on Sunday, from 10:00 a.m. to 1:00 p.m. Bible Studies will be held once a week from 6:00 p.m. to 8:00 p.m., and the youth group will meet once a week from 6:00 p.m. to 8:00 p.m. Occasionally during the year, there will be special events. Up to three staff members will be on-site, Monday through Friday, from 8:00 a.m. to 5:00 p.m. The building being renovated for the proposed church is centered along the southwestern property line, with 24 parking spaces located on the north and east sides of building. One access point is located on Challedon Drive. The applicant proposes to upgrade the exterior of the building by adding a covered entry porch and a 14-foot tall fiberglass steeple. The existing parking lot will be resurfaced in order to repair the existing damaged asphalt. There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: Within one year from the date of approval of this Conditional Use Permit, the church shall construct the improvements depicted on the submitted elevations and site development plan entitled, "Living Faith Christian Value Place Real Estate Services, L.L.C. Page2of3 Fellowship," dated February 1, 2010, which has been exhibited to the ~~irginia Beach City Council and is on file in the Department of Planning. 2. VVithin six months from the date of approval of this Conditional Use Permit, tt~e parking lot shall be resurfaced and all damaged asphalt shall be rE:paired. 3. The applicant shall obtain all necessary permits and inspections from tt~e Planning Department /Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for tFie change of use from the Building Official. 4. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002 shall be installed along Challedon Drive. 5. Tlhis Conditional Use Permit shall be valid for five years from the date of approval. ^ Attachrrients: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended ,Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep~~rtment/Agency: Planning Department City Manager k. ~rrt„ t~ ] R7,5 .~ ez; ~ ,. . t; R1{~ - _ ~- t _~ _ '~' _ -. I iR1p - CUP• for Re!/glous uses REQUEST: Conditional Use Permit (religious use) ADDRESS /DESCRIPTION: 5257 Challedon Drive 13 April 14, 2010 Public Hearing APPLICANT: LIVING FAITH CHRISTIAN FELLOWSHIP PROPERTY OWNER: MARSH WOOD PROPERTIES, LLC STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14665807020000 KEMPSVILLE 0.58 acres Less than 65 d6 DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a 100-member church on property zoned B-2 Community Business District. The church will occupy an existing 5,349 square foot office building. Religious services are held on Sunday, from 10:00 a.m. to 1:00 p.m. Bible Studies are generally held once a week from 6:00 p.m. to 8:00 p.m., and the youth group generally meets once a week from 6:00 p.m. to 8:00 p.m. Occasionally there are special events throughout the year. Up to three staff members will be on-site Monday through Friday from 8:00 a.m. to 5:00 p.m. The church building is centered along the southwestern property line with 24 parking spaces located on the north and east sides of building. One access point is located on Challedon Drive. There is a marsh on the southern portion of the lot that leads to the Eastern Branch of the Elizabeth River. The applicant proposes to upgrade the exterior of the building by adding a covered entry porch and a 14-foot tall fiberglass steeple. The existing parking lot will also be resurfaced in order to repair the existing damaged asphalt. LIVING FAITH CHRISTIAN FELLOWSHIP /MARSH WOOD PROPERTIES, I.LC Agenda-Item 13 Page 1 ;Faith Christian r'ello~°snct} t' ~ ~` 62. ~. ,, A _~ ~•. r - i __, --~ ~- ~, - ; _ ,, ~; LAND USE AND ZONING INFORMATION EXISTING L~-ND USE: Office building with associated parking SURROUNDING LAND North: Challedon Drive USE AND ZONING: Across Challedon Drive are office buildings / B-2 Communit y Business District South: Eastern Branch of the Elizabeth River • Across the Elizabeth River are single-family dwellin s / R-10 g Residential District East: Office / B-2 Community Business District West: Office / B-2 Community Business District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. The rear of the CULTURAL FEATURES: property is adjacent to the Eastern Branch of the Elizabeth River and a small portion of the site is within the 100 year flood plain. As no new impervious surfaces are proposed, additional review by the Chesapeake Bay Board staff is not required. There does not appear to be any significant cultural features associated with this site. IMPACT ON CITY SERVICES TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Challedon Drive No Available 9,900 ADT (Level of Existing Land Use - 65 Existing Traffic Service "D") Weekday ADT; 0 Sunday Counts ADT Proposed Land Use 3- 51 Weekday ADT; 153 Sunday ADT Average Daily Trips ' as defined by a 5,640 square foot office 3 as defined b a 5,640 s uare foot church WATER & SEHJER: This site currently connects to City water and sewer. Sewer and pump station analysis for Pump Station #405 is required to determine if future flows can be accommodated. -. LIVING FAITH CHRISTIAN FELLOWSHIP /MARSH WOOD PR®pERTIES,_~.LC ~A~enda Iter» 1~ `- " ~P~~e 2 EVALUATION AND RECOMMENDATION The church proposes to occupy an existing 5,349 square foot, two-story building. According to the Zoning Ordinance requirement of 1 space per 5 seats in the sanctuary, there is sufficient parking available for the anticipated membership of 100. The use of this site for a church is also compatible with the surrounding office and religious uses, as similar approvals for churches have been approved in close proximity to this site, and there have been no reports of problems. Staff further finds that the proposed improvements will enhance the existing site and building. Approval of this Use Permit is recommended subject to the conditions listed below. CONDITIONS 1. Within one year from the date of approval of this Conditional Use Permit, the church shall construct the improvements depicted on the submitted elevations and site development plan entitled, "Living Faith Christian Fellowship," dated February 1, 2010, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning. 2. Within six months from the date of approval of this Conditional Use Permit, the parking lot shall be resurfaced and all damaged asphalt shall be repaired. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 4. Streetscape landscaping, as described in the Landscaping Guide, City of Virginia Beach, December 2002 shall be installed along Challedon Drive. 5. This Conditional Use Permit shall be valid for five years from the date of approval. NOTE: Further conditions maybe 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 (OPTED) concepts and strategies as they pertain to this site. LIVING FAITH CHRISTIAN FELLOWSHIP /MARSH WOOD PROPERTIES, PLC r ..~ . agenda Iteri't 7 3 ~ ,'~ Page 3 -~ -~~ .. aF ~ ~ ~ ~ t ,,~ S ~, ,} ~' -`" '~ a' ~~;.. .~ ,+ •. ._~' ^+ ~:;; ~~ ~ ~'_Ci ,~ AERIAL OF SITE LOCATION LIVIN~~ FAITH CHRISTIAN FELLOWSHIP /MARSH WOOD PROPERTIES, LLC Agenda Item 13 Page 4 r~ ~~ ~ .~.. ;~LF.Jy~^ +f~ ~ ~'«.... .s'~+°i~ -~~+i .Y.. :ra~< .~i~MY~It...,JJ LIVING ~, d 3 ~ , I t t L,. p tt € ~s { t ` f..,~ z Io S K f~ ~ ~~ ~ ~ 4 1111 .-"" 3,. J~ tt v.--^-'-" Y~ ~ °~ ~ ~~ ~ ` l C ` ~ NW Nt ~~`"1 ~' jy C f 1 \ ~9 I ~ 1.~i ~ R^YT ~.,, -' e ~ ~~ i' ! ~~ 1- s L~ -~ f ~ ~ ~ ~~. ~i M ` ~~ w_.,,~ e d ~_~~-r..~.w - -...~ ~~ 3 j ( Y .~ y~ ~ ~ ~.._ ~.. I 1 a i I F ~~{ f 9 { I t ."- e 4 ~ ~ T \ ~~~~ ~ ` ' ~ ~ m 5 a ~~ _ ...... ~ ~,{ d « 3 t c a f II j +~ 'v„ ~ i j ~ ~ .~......_ i~d ~ ~ _ ~.e -.. __~ ~~++~,..~ =t ~ ~ i > :.sr~ i- ,,.,,,,,,. ¢ f 1 ~, ' f K F V ~ -.~`~i f .o kl t ~ "~~' .. I ~~ ~ w , a`~ ~ _ ,w, • tI trv Pa ' l 1~~~ SITE PLAN FAITH CHRISTIAN FELLOWSHIP /MARSH WOOD PROPERTIES, LLC Agenda Item 1-3 Page- 5 ! ... i 3 €j~ E ~ e: ' # J v { .. ~ ~ i .. .. i£ E! 1 4. ~ .: ~ .. .. x _.T, ,_.._..,. ... i _~ e ' j ~.«....... ' €j a ,E .~.,..... ..... ~ 3 E I E { j7( f __._... _...~...,_....._..,.., i m.~. ~ • ' _ - F .... E _ ......... j 3 e 3 ,. ...... I PROPOSED BUILDING ELEVATION LIVING FAITH CHRISTIAN FELLOWSHIP /MARSH WOOD PROPERTIES, LLC Agenda .Item 13 Page 6 # DATE DESCRIPTION ACTION 1 10-01-65 Zoning Change (R-S3, R-S4, C-L1, to C-L3, C- Granted L2, R-M, and C-G2 2 02/24/09 Conditional Use Permit church Granted 3 07/12/02 Conditional Use Permit church Granted 4 11/24/04 Conditional Use Permit (church) Granted 02/13/01 Conditional Use Permit (church) Granted 12/11/01 Conditional Use Permit (church) Granted 05/25/93 Conditional Use Permit church Granted ZONING HISTORY LIVING FAITH CHRISTIAN FELLOWSHIP /MARSH WOOD PROPERTIES, LLC Agenda Item 13 Page 7 ~~tscLOSURE S-rATI~n~Er~T APPLICANT bISCLOSURE It the applicant is a corporation, partnership, arm, business, or other u~gincorpotated organization. oompiete the following: ~ . bist the applicant name followed by the names of all officers, merYlkers: trustees, partners, etc. below. (`Attach fist if necessary) rs„1~.r4C...~ ~' T .._ ~ ,_ 2. i.ist all businesses that have aparent-subsidiaryB or affiliated business entityz relationship with the applicant: (Attach list if necessary) ~~ Q Check here if the applicant is NOT a corporation, partnership, arm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Cc>ntptete Phis section only ~ property owner is sti#ferent frq appticarrt. If the property owner is a corporation, partnership. firm, business. or other unincorporated organization, ccsmplete the following: i, List the property owner name followed by the names of all officers, rnernbers. true#ees, partners etc. below: (°Attaci7 test it`necessary} - ~_~ t { 2. List a1' businesses that have aparent-subsidiary' or affiliated business entity~_~~ relationship with the applicant: (Attach fist ifnecessary) 1 I_] Chec#~ here if the property owner is NOT s corporation.: partnership.. firm, business. or other unincorporated organization. ~---~- & 'See next paage for foofns~tes F"'t ~--•~ F"'+ ~---~ W cn ~~ ~~ floe s an official or employee of the City of Virginia Beach have are Interest i the ~~ subj+,ct 8and? Yes lyo ~,, If yeas, what is the name of the official or employee and the nature of their interest ...~r4~~ ~rawr+~"' DISCLOSURE STATEMENT LIVING FAITH CHRISTIAN FELLOWSHIP /MARSH WOOD PROPERTIES, LLC Agenda Item 13 Page 8 O .--. W O .~ E--~ .--. O V ©1SCLOSURE STATEMENT ADDI'f10NAL DISCLOSURES List all known contractors or businesses that have or wilt provide services with respect ro the requested property use, including but not limited to the providers of architectural services, real estate services, finanda! services, accounting services, and legal services: (Attach list if necessary) NONElUNKNOWN ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation " See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. s "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 cantrdling 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 indude that the same person or substantially the same person own ar 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, resatrces or personnel on a regular basis; ar there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is tnie and acx:urate. 1 understand that, upon receipt of notifioation (postcard) that the application has been scheduled for pubis hearing, I am responsible for obtaining and posting the required sign on the subject property at feast 30 days prior to the schedu~d pubtic hearing acx:ording to the ~strucfxms in this package. The undersigned also consents !o entry upon the subject property by employees of the ©epartment of Planning to photograph and view the site for purposes of pnx:essing and evaluating this application. (N different than RICARDO C. PANGAN Print Name Cardt~a.^.ei Use Pertrt3 Appkc~t=or, Page SG o/ 16 Revsed 7(3/2{107 DISCLOSURE STATEMENT ~ ivING FAITH CHRISTIAN FELLOWSHIP /MARSH WOOD PROPERTIES, LLC Rgenda Item 13- Page 9 Item # 13 Living Faith Christian Fellowship Conditional Use; Permit 5257 Challedon Drive District 2 Kempsville April 14, 2010 CONSENT Jay Bernas: The next matter is agenda item 13. This is an application of Living Faith Christian Fellowship for a Conditional Use Permit for religious uses on property located at 5257 Challedon Drive, District 2,, Kempsville. Welcome. Please state your name. Jose Obafial: Trunk you. My name is Jose Obafial of 4354 Beasley Court, Virginia Beach. I'm here to represent Living Faith Christian Fellowship. I am the assistant building coordinator, and also a member oi'this church. Jay Bernas: Are the conditions acceptable? Jose Obafial: Yes. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Livas to please review this item. Henry Livas: Th~~ applicant requests a Conditional Use Permit to allow a 100 member church on property located in the B-2 Community Business District. The church will occupy an existing 5,349 square foot office building Religious services are held on Sunday from 10:00 a.m. until 1:00 p.m. The church building is centered along the southwest property line, with 24 parking spaces located on the north and east side of the building. One access point is located on Challedon Drive. The applicant proposes to upgrade the exterior of the building by adding a covered entry porch and a 14-foot tall fiberglass steeple. The existing parking will also be resurfaced in order to repair the existing damaged asphalt in the parking lot. Staff informs that the proposed improvements will enhance the existing site and building. Therefore, we have included this request on our consent agenda. Jay Bernas: Thant; you. I will make a motion to approve agenda item 13 Joseph Strange: ~- motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A, second by Ms. Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 Item # 13 Living Faith Christian Fellowship Page 2 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 13 1VIap F-3 'zoning with cond;tio,rs.Yroflers sD=sno.~ n,ive o~,~y CUP for Religious Use Methodist r a J c~M -Y~.d CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BAYLAKE UNITED METHODIST CHURCH, Conditional Use Permit, religious use, 4309 Blackbeard Road. BAYSIDE DISTRICT. MEETING DATE: April 27, 2010 ^ Background: The applicant purchased property located at 4309 Blackbeard Road to incorporate into their existing church site, which is located adjacent to the purchased lot. The purchased property once had a residential dwelling on it, but the applicant had the dwelling demolished and the site cleared. The applicant proposes to keep the site as open space at this time and will use this site for church-related outdoor activities. A Use Permit to include this parcel with the church property is needed prior to the site being used for church-related activities. ^ Considerations: The existing church site consists of four lots. The church structure was built in 1962, and a Conditional Use Permit for a religious use was approved on a portion of the church properties in 1977. In 1993, a Conditional Use Permit was approved for a church expansion on additional property. This current request will add another parcel for a total of five parcels. A condition is recommended below requiring the abandonment of the lot lines, resulting in the creation of one parcel. During its existence, the church has demonstrated that it is compatible with the surrounding uses, and there are no alterations to the existing church structure or site layout proposed with this application that will have any negative effects. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal to add a lot to be used as open space to the existing church site is compatible with the adjacent neighborhood and consistent with the Comprehensive Plan's policies for the Suburban Area. ^ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following condition: A subdivision plat vacating all internal lot lines shall be submitted to the Development Services Center for recordation. Baylake United Methodist Church Page 2 of 3 ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended) Action: Staff recommends approval. Planning Commission recommends approval. Submitting De~~artment/Agency: Planning Department City Manage ~ , REQUEST: Conditional Use Permit (Religious Use -Church) ADDRESS 1 DESCRIPTION: 4309 Blackbeard Road 2 March 10, 2010 Public Hearing APPLICANT /PROPERTY OWNER: BAYLAKE UNITED METHODIST CHURCH STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: 14798842230000 BAYFRONT 18,283 square feet 14798850940000 14798862310000 14798851190000 14798831540000 AICUZ: Less than 65 d6 DNL SUMMARY OF REQUEST The applicant recently purchased property located at 4309 Blackbeard Road to incorporate into their existing church site, which is located adjacent to the purchased lot. The purchased property once had a residential dwelling on it, but the applicant had the dwelling demolished and the site cleared. The applicant proposes to keep the site as open space at this time and will use this site for church-related outdoor activities. The existing church site consists of four lots. The church structure was built in 1962, and a Conditional Use Permit for a religious use was approved on a portion of the church properties in 1977. In 1993, a Conditional Use Permit was approved for a church expansion on additional property. This current request will add another parcel for a total of five parcels. BAYLAKE UNITED METHODIST CHURCH Agenda Item 2 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant site adjacent to a developed church site with associated parking SURROUNDING LAND North: Across Blackbeard Road, single-family dwellings / R-10 USE AND ZONING: Residential District South: . Across Shore Drive, single-family dwellings / R-75 Residential District East: . Across Treasure Island Drive, single-family dwellings / R-10 Residential District West: Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear CULTURAL 1=EATURES: to be any significant environmental or cultural features associated with this request. EVALUATION AND RECOMMENDATION Staff recommE~nds approval of this request with the conditions below. The church has been in operation at this location since the mid 1960's and has demonstrated that it is compatible with the surrounding uses. No alterations to the existing church structure are proposed with this application. The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The proposal to add a lot to be used as open space to the existing church site is compatible with the adjacent neighborhood and consistent witFi the Comprehensive Plan's policies for the Suburban Area. CONDITIONS 1. A subclivision plat vacating all internal lot lines shall be submitted to the Development Services Center for rea~rdation. NOTE: Further conditions maybe 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 al/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 oi`Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, a~ a 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 (OPTED) concepts and strategies as they pertain to this site. BAYLAKE UNITED METHODIST CHURCH Agenda Item 2 Page 2 AERIAL OF SITE LOCATION BAYLAKE UNITED METH4Dt$T CHURCH Agenda item 2 Page 3 ~~ . ~--. y + ~ _ f'%' rma AroliPml~q ~ ~-e -~ ~. d~ . y IA7rYD 1900H13Y ®!M 9llv'IAYf ~ navacs - id9agi(~ ~[~ YlF~0iiY0197 ~Vd ~ ar ~,p~ro s-m 'p ~~~ Y 3 rt. ~ ~t~,: 7 ~<, 3 ,. ~. , .~ _ T t~: Treasure Island Dr. 'v ~ '~~ .. r '~ _.._...._ ~~ i ~ { i 7~ R •~ ~~ t . ~~ - ._ _ _, q ~ I ~ 9~ + °- r.~-` --~-_ ~ .~-- 4 .. .2 '~ T ! `^ i ~,r ............... y~ _ r~ • Mir i~ ~t •i T iN -t "Q~ °~ Y -..,.....d._ I~MA SITE SURREY BAYLAKE UNITED METHODIST CHURCH Agenda stem 2 Page 4 PHOTOGRAPH OF PROPOSED OPEN SPACE PA~tCEL BAYLAKE UNITED METHOp1ST CHURCH Agenda Item. 2 Page 5 llapF-:f R~~t-i~i~n TT~z~#url lll>C~.~~..,-.~~,.,s. t"+~----~~ ft ;~3'! ~i~L., iV :ti._ ~ +~~.s: aasaa4~ t..! ill i4l.[ iFl(,,; iltJ („[~~! E.111,11 ~..~~ ' _ _ ,~ ;, ~ F ~. '~ ~ R'~, __. -- ~-~'X~ - f ~~- ~ "- `~ ~- - - t-~;~ ~' - ~ ~~- _ _ - - G, R. ' ~ ,f - - v p - _ „ _. - - .. R40 -- t-_ .. : .: ti~_~~ - ~~, ~'t0 4'1 ~, - ~~ _ - - - < < ~ ~; ~, - , ~_ ~ ._ ,,_ ti _,;~~yr ..~;,- - - . - - - ~^ - -_-, ----- ------~._..._....._ CUP for Reii ions Use SD=Shore Driw ~Dwrtry g 1 08/25/98 Subdivision Variance Granted 2 09/10/96 Modification of Proffers Granted 10/25/94 Conditional Rezonin R7.5 $ B-2 to O-1 Granted 3 07/09/96 Conditional Use Permit Home for the A ed Granted 4 05/25/93 Conditional Use Permit Church Addition Granted 03/21/77 Conditional Use Permit Church Granted 5 07/0.2/84 Conditional Use Permit Pon Rides & Firewood Sales Granted 6 08/2;2/83 Conditional Use Permit School Granted ZONING HISTORY BAYLAKE UNITED METHC3DIST CHURCH Agenda Item 2 Page 6 ©ISCLOSURE S'T}~TEI'~lE~'~iT APPLICANT DISCLOSURE If the applicant is a corporation, partnership,. firm, business: or other unincorporated organization. complete the following: 1. Lisa the applicant name followed by the names of all officers, members, trustees, partn;e"rs, etc. be~oaw: (A#a{ch Li}st if necessary} ~~,S.E ~ ~- `+ t4 t~ e' [ r' Ij; 1t V +~ 6 ~ ~ _.. ~~~,y 4 ~ ~ rV i. e ,2 ~~~ t~~+~s~'...G'~. ~ ~ '~ -tA. ~ 8 Y.1 ~"' ~' ~'~ ~ ~`,,~ B i~ 4' ~~ Sri f° l" ~ Y a, a~t C 'S 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) ;a a ` ~~'' ~1 ~ © Chec#c here if the applicant is NOT a corporation, partnership, 6rm: business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property o~tner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members. trustees, partners, etc. below: (Attach list if necessary) 2, List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach list ifnecessary) O Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See nex°, page for footnotes C3oes an official flr emp€oyee of the City trf Virginia Beach have an interest in the subject Iand? Yes No _~ If yes,. what is the name of the official or employee and the nature of their interest? '°f#td?aK3ti~?~ U: ?~€mit kpp(~aSs~n ?age ~ ~a a w ~.. w z 0 0 V BAYLAKE UNITED METHODIST CHURCH, Agenda item 2 Page 7 z ~~ ~~ ~t ~~ ~~t ~....~ ~~ ~~ ~~ ~~ ~~~ ~~ !~~[ ~~ ~I ^~ ~1 ~~ z 0 A O V _, DISGL,OSURE STATEMEh[T ADDITIONAL DISCLOSURES List all known contractors or businesses tha# have or will provide services with respect to the requested property use, including but not limited to the providers of architecture( services, reef estate services, flnancia( services, accounting services, and legal services: {Attach list if necessary) 1 / j° _~ ' .`parent-subsidiary re[atir~nshi p" means "a relationship ttsat a xists urban one corporation directly or indirectly owns shares possessing more than 5t} percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-31Ut, °`Affiiiated business entity relationship`" means ~a relationship, other than parent- . subsidiary rela#ionship, that exists when (i) one business entity has a control#ing ownership in#erest in the other business entity . {ill a con#ro!ling owner in one entity is also a controlling owner in the o#her 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 tfie same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the baseness entities share the use of the same ~fiices or employees or otherwise share activities, resources or personnel on a regular basis; or there is othewise a close working relationship between the entities." See State and Local Government Conftict of Interests Act, Va. Code § 2.2-3't01. CERTIFICATION: !certify that the information contained herein is true and accarrate - l understand that, upon receipt of notsfication (postcard} that the app3~cation has been scheduled for public hearing, (ern responsible for obtaining and posting the required sign on the subjecx property at least 3~ days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the t3epartment of Planning tc photograph ar~f vaew the site fcrr purposes of pn3cessirac acrd evaluating this applicatitsr€. tlppticctr;t`s Sig: sa:ure (iS Print Name i~ Print Name Cvad ~;a; ~t use Permit Ap#ASCaE Fa~e'!~i oF?C Rev;sa.~ 713..+2~rt" BAYLAKE UNITED METHODIST CHURCH Agenda item 2 Page 8 VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN THE MATTER OF ELECTION AND RECONFIRMATION OF TRUSTEES FOR Baylake UNITED METHODIST CHURCH CH PETIT 1 O N NOW COMES N. Burton Brooks, Jr, Minister of Baylake United Methodist Church, an unincorporated religious congregation, and as for his petition pursuant to Va. Code Ann.. §57-8, represents as follows: 1. A Charge Conference of the Church was duly called and held on the 9th day of December , 2009. One of the purposes for the Charge Conference was the election and reconfirmation of Trustees as provided by the Book of Discipline of the United Methodist Church. 2. The following trustees were elected and reconfirmed by the Charge Conference at the said Meeting, to-wit: Timothy Butt, Alice Leggett, Larry __, Connor, Russell Fink, Scott Fuller, Chris Loney, Robert Sholar, Jack Allsbrook, Kim McConnaughey. Pursuant to said Resolution the said Charge Conference, being the proper authority of Baylake United Methodist Church, respectfully makes application for the election and reconfirmation of Trustees to hold legal title to the property of said religious organization in accordance with Va. Code Ann., §57-8 Respectfully submitted, n. - ~~_ ~ N. Burton Brooks, Jr, Minister Baylake United Methodist Church DISCLOSURE STATEMENT BAYLAKE UNITED METHODIST CHURCH "Agenda. Item 2 Page 9 Item #2 Baylake United Methodist Church Conditional Use: Permit 4309 Blackbear~~ Road District 4 Bayside March 10, 2010 REGULAR Joseph Strange: Now we will address the remaining matters on our agenda. I have asked our Secretary Al Henley to call the first item. AI Henley: Okay, the first item is actually item 2. An application of Baylake United Methodist Church for a Conditional Use Permit for a religious use on property located at 4309 Blackbeard Road. Mr. Chairman, we have one speaker in opposition and that is Martha Thereault. Joseph Strange: Do we have an applicant on this? Al Henley: Is the applicant here today? Okay, if the applicant could come forward. Joseph Strange: ~'Ve're going to have the applicant come forward and then we'll call you back. Martha Thereault: Okay. Al Henley: Yes. I'm sorry. Martha Thereault:; That's alright. Larry Conner: I'rn Larry Conner. I'm the Chairman of the Baylake United Methodist Board of Trustees. We applied for a Conditional Use Permit for open space for our patronage. It was original bought for open space, and it had a house on it. We ended up renting it out for a while. We recently raiseci the house, and would like to use that just for open space for better access to the lake. That is basically it. Joseph Strange: C)kay. Thank you. If you could stand by for questions? Jay Bernas: Can }you talk about some of your outdoor church related activities that you plan to have on this? Larry Conner: Wf; have a vacation Bible school, and what we called "Camp Gotcha". The house was an eyesore. It was a money pit. So we raised the house, and it is just open space now. That is what it is. We don't have any particular use in mind for it other than the kids going over there to play. It is waterfront property. We have better access to the lake. We have canoes for the Camp Gotcha thing but vacation Bible school, and that sort of thing. Item #2 Baylake United Methodist Church Page 2 Joseph Strange: Are there any other questions? If you will standby we have one other speaker. Just standby just in case we have other questions. You can have a seat. Al Henley: Ms. Thereault. Martha Thereault: Hello. My name is Martha Thereault. I live next to door to this property, and I own the property across the street along with my brother. The church has been acquiring the lots over time. I grew up in the neighborhood since 1955. And, right now next door is a parking lot. And I don't object to the church. I've gotten use to the parking lot to an extent. But my objection is they have a big bus that they park in the front of the parking lot ,which is the churches back door now is on Blackbeard Road. My door is Blackbeard Road. When I come home there is a big van/bus parked probably 15 or 20 feet from Blackbeard Road. And that is my objection. I just talked with Larry, and he doesn't like the bus parked there either. He is going to talk to members of the church about it. Hopefully it will go away. I pay a lot of taxes on the two pieces of property, and I feel like it devalues my property. It will just look nicer elsewhere. The other item is when they developed the first part of the parking lot they put in a large concrete apron to drive into the parking lot without drainage. And, just east of that they smoothed out the city's easement, which was a drainage ditch that they put on Blackbeard Road and Treasure Island Drive. And since the road runs off of that area, and into the road and down the street, and into my front yard. Fortunately it is sandy, so it does drain eventually but it is more water than I would rather have to deal with. In talking with Larry about that, he wasn't aware of that when they developed the parking lot. I don't know who gave the go ahead to build the city easement but he and I were talking about working together to get a ditch redug in that area. So, that is why I'm standing here now. I think we can work everything out by trying to now to get forward to make it a little bit nicer for Blackbeard Road and my property. Joseph Strange: Thank you very much. Are there any questions? Mr. Redmond. David Redmond: Could you show me with that little black thing on the podium. Would you mind picking thaf and show me where your properties are that you mentioned? Martha Thereault: Do I push something? David Redmond: There is a button on top. There you go. Martha Thereault: That is my house. David Redmond: Okay. Martha Thereault: That is my lot. David Redmond: Okay. And with the pointer, can you show me where they will typically put that van? Martha Thereault: Right there (pointing to Powerpoint). There were three lots. The Millers Item #2 Baylake United Methodist Church Page 3 owned three lots. Your paper says they just acquired this property. They just didn't acquire this property. They Have owned it for some time now. It was one of the three lots. This is a parking lot (pointing to F'owerPoint). This was a lot (pointing to PowerPoint). The Miller's house was right here (pointing to PowerPoint). So, when I saw the Conditional Use Permit it was odd because I thought it had all been done back in the late 90s, and when I called Kathy Prochilo. David Redmond: Karen. Martha Thereaul~r: Karen Prochilo. She said that it was a housekeeping item. It would be going through a Conditional Use. The residential house beside me was torn down a few months ago. And it really a little bit in my face thing. I woke up to demolition at 9:00 in the morning to a house that I grew up with my neighbors. I used to play there. But, I'm getting use to that but that bus just stands oi~t like a big sore thumb to me. David Redmond: Okay. You've talked to this gentleman, and you're going to see if he could work out some sort of accommodation that would make you feel better about it? Martha Thereault: Yes. David Redmond: Okay, great. Thank you. Joseph Strange: Eire there any other questions? Al Henley: No questions but just some advice. You may want to inquire with the Department of Public Works if y~~u have some drainage concerns or issues in the neighborhood. Your particular neighborhood is an older established neighborhood. It is quite old; and you don't have any curbing gutter so it is mostly swales you have. Martha Thereault: Right, and that is what was filled were the swales. Al Henley: What you may want to do is call the Department of Public Works, Drainage Department, and they can investigate that. It maybe some simple solution to that they can assist you in some way to alleviate that drainage issues that you may have. It looks like you need some helpful hints if you will. Martha Thereault: Thank you. I really appreciate it. Al Henley: Thank you. Joseph Strange: M[r. Redmond? David Redmond: 11~Ir. Chairman, I move approval of agenda item 2. Joseph strange: Is there any discussion on agenda item 2? Then I have a motion made by Mr. Redmond and seconded by Kathy Katsias. Item #2 Baylake United Methodist Church Page 4 AYE 10 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE NAY 0 ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved the application of Baylake United Methodist Church. Joseph Strange: Is there any other business to come before the Commission today? If not, we would like to thank everyone for coming today. We thank the staff for the usual great job they have done on our agenda today. And if there is not further business, the meeting is adjourned. iap I-8 Open Air Jeeps, LLC' rs~at~ rvu to Jca~i° Jettre~; I}. Mahe -------, ``~.../ ~ ~ ! ~ ~ NAL " ~ B2 -- g~ _ ~~~ ~ __ _~ , ,. ~~~ ~1 ~~~ ~ _ ~~ .. ~~ ~ l ~P 1 ,...~.w ..-~r- '. ; % ~ f ~~ _ .~ ~" ~E32 r ~~ f , ; `, __ _ _ t:_ .,~~ ~__ _ ,~ CUP Auto Repair Garage u•~ ~~ rf ....~" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JEFFREY D. BLAKE (OPEN AIR JEEPS, LLC), Conditional Use Permit, auto repair garage, 800 Seahawk Circle, Suites 128 8~ 129. BEACH DISTRICT. MEETING DATE: April 27, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow an automotive repair garage within two units of an existing office-warehouse complex. The applicant is currently operating at this location as a light automotive service establishment, which is allowed by the I-1 Industrial zoning of the property. The applicant now desires to perform more intensive repairs, which necessitates the need for a Use Permit. ^ Considerations: The applicant works exclusively on the Jeep line of vehicles and would like to offer a full line of automotive repair and restoration services. If approved, this request would allow the applicant to perform additional work for restoration including removal of and servicing the motor, driveline suspension, and minor body and chassis paint. Any substantial body work will be outsourced to a local body shop. The business consists of two partners with no other employees. Hours of operation are Monday through Friday from 8:00 a.m. until 5:00 p.m. and occasional Saturdays. Staff finds the requested land use to be in conformance with the Comprehensive Plan and compatible with the surrounding area, contingent on all work being performed inside the repair facility. Staff, however, is concerned about storage of vehicles and parts and a potential increase in noise due to the increase in intensity of the type of work being done. To insure that the additional services are compatible with the adjacent businesses, a condition for a one year review has been recommended. There was no opposition to the request. Open Air Jeeps., LLC Page 2 of 3 ^ Recomimendations: The Planning Commission placed this item on the Consent Agenda, passing a motion try a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: All motor vehicle repairs shall take place within the building. 2. There shall be no outside display or storage of equipment, parts, or materials. 3. There shall be no outside storage of vehicles. 4. Tlhere shall be no outside storage of trailers in parking areas. 5. A Certificate of Occupancy shall be obtained from the Building Official. 6. Tliis use shall be administratively reviewed in one year to insure compliance with these conditions. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing . Location Map Recommended ~4ction: Staff recommends approval. Planning Commission recommends approval. Submitting Dep~irtment/Agency: Planning Department City Manage . ~~ ~ i tr/-'~ Open Air Jeeps, LLC '""'' '-' Jeffre~~ D. Blake `'t11 {1 12 .. __ { ~7:i dB L In 1 _ - {~ ' ~e2 e2 { ~ _ _ 11 ex ]7_ ~ ~ ~_ _ --}~} 12- B~ ~ z ~ _ AP r-.. ~; „~ - `'` fz,~ ,,, {~ ,~ i / "~ ~ - - f~B2 .r ~ . ,r~~ >'7$~~IR ~d~ M1 B2 , `~ 82 , ~~ ; 11 t.,~ ,~~ _ CUP Auto Repair Garage REQUEST: Conditional Use Permit (Auto Repair Garage) ADDRESS /DESCRIPTION: 800 Seahawk Circle, Suites 128 & 129 STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: 4.95 Acres AICUZ: 14965488951200 BEACH LEASE SPACE: 2,500 SF Greater than 75 dB DNL APZ 1 and 2 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow an automotive repair garage within two suites of an existing office-warehouse complex. The applicant is currently operating as a light automotive service establishment, which is allowed by the I-1 Industrial zoning of the property. The applicant works exclusively on the Jeep line of vehicles and would like to offer a full line of automotive repair and restoration services. If approved, this request would allow the applicant to perform additional work for restoration including removal of and servicing the motor, driveline suspension, and minor body and chassis paint. Any substantial body work will be outsourced to a local body shop. The business consists of two partners with no other employees. Hours of operation are Monday through Friday from 8:00 a.m. until 5:00 p.m. and occasional Saturdays. OPEN AIR JEEPS, LLC /JEFFREY D. BLAKE Agenda Item 1 Page 1 1 March 10, 2010 Public Hearing APPLICANT: OPEN AIR JEEPS, LLC PROPERTY OWNER: JEFFREY D. BLAKE LAND USE AND ZONING INFORMATION EXISTING LAND USE: Light motor vehicle repair within an office-warehouse complex SURROUNDIIVG LAND North: Office-Warehouse / I-1 Industrial District USE AND ZOINING: South: • Across Seahawk Circle, Office-Warehouse / I-1 Industrial District East: • Across Seahawk Circle, Office-Warehouse / I-1 Industrial District West: • Office-Warehouse / I-1 Industrial District NATURAL RESOURCE AND The site is almost entirely impervious as it is developed with structures CULTURAL FEATURES: and parking. There are no significant natural resources or cultural features associated with this property. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on the southeast side of Seahawk Circle, a local street that forms a loop to the south of International Parkway. The site has a single driveway onto Seahawk Circle. Seahawk Circle has two intersections with International P;srkway; the closer of the two to the site is signalized. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Seahawk Circle unknown 9,900 ADT (Level of Existing Land Use - Service "D") Capacity 20 ADT International 14,9300 ADT 22,800 ADT (Level of Proposed Land Use 3- Parkway (2009) Service "D") Capacity unchanged Average Daily Trips 'Existing use and proposed use are both automotive repair service. No expansion is proposed. Therefore, trip generation will not change. WATER and SEWER: This site is already connected to City water and sewer. Virginia Beacl•i Development Authority (VBDA1: The property is located within an industrial park developed by the VBDA. The proposed use must continue to adhere to VEDA Deed Restrictions. EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this request with the conditions below. Comprehensive Plan: The subject site is located within the Special Economic Growth Area (SEGA) 2, Oceana West. Much of this area is subject to Navy restrictive easements, and all of this area is inside the highest AICUZ. The majority of the area has been subdivided and is zoned for commercial and industrial uses. Evaluation: Staff finds the requested land use to be in conformance with the Comprehensive Plan and compatible with the surrounding area, contingent on all work being performed inside the repair facility. Staff, however, is concerned about storage of vehicles and parts and a potential increase in noise due to the increase in intensity of the type of work being done. To insure that the additional services are compatible with the adjacent businesses, a condition for a one year review has been recommended. CONDITIONS 1. All motor vehicle repairs shall take place within the building. 2. There shall be no outside display or storage of equipment, parts, or materials. 3. There shall be no outside storage of vehicles. 4. There shall be no outside storage of trailers in parking areas. 5. A Certificate of Occupancy shall be obtained from the Building Official. 6. This use shall be administratively reviewed in one year to insure compliance with these conditions. NOTE: Further conditions maybe 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 (OPTED) concepts and strategies as they pertain to this site. u,x .< r , ~F r~. OPEN AIR JEEPS, LLC /JEFFREY D. BLAKE ~.`~-genda )tern 1 -Page ,. . ~.,,~. y: - : ~ ~~'~tft -rte: AERIAL OF SITE LOCATION OPEN AIR JEEPS, LLC /JEFFREY D. BLAKE Agenda -Item 1 Page 4 SEAHAWK CIRCLF t SO' R/W1 y1 T- 0 b G U 3 Q 2 Q W y ~"f q~ / i „~ w .• R ~ ~ .~- o A ~,~,~• Wf NfRE9Y CfRTlfY THAT >'N/S rLAT 1S Of TNf AGCHRACY RfOt1/REO 9Y ANO !S !R CDMPL/ANtE WI TN S:i ' T9.S9/e7 Of THE GOOf Of Y/RS/NlA. ~xl !~ PROPOSED SITE PLAN OPEN AIR JEEPS, LLC /JEFFREY D. BLAKE `Agenda -item 1 -Page 5 X a9 • sa' 1r' w seY. 92' PHOTOGRAPHS OF SUITES OPEN AIR JEEPS, LLC /JEFFREY D. BLAKE Agenda Item 9 Page 6 Open Air Jeeps, LLC ~Iap I-$ ~~~; ,~~~ ,o s~a>~e Jeff~•ei- D. Bake _`~... _ _ ` 311 ~ 11 12 ,:,:- ~ ,~ ~ __ _ y~~J ~ ''^~.1 ~~~ ~...r. B2 _._.. __.. ~~. .~ ~ 11 , ~' ` , ~~ _ , ~ °~ ; ,~ 12 E~2 ~ . ~~ i 1 AP ,~. 1 ~ , / l ~ r !J ! ~ i. ~ ~ ~~ 1 ~ \~~ ~\ rt/ ., ~'v2 -~~ ~~ ~t 1 ~ ~ ~' % ~ 1~~ ~,~ I w i. . ! ~ 11 '~~ ," ~'. ~`, CUP Auta Repair Garage 1 06/18/09 Conditional Use Permit in APZ Withdrawn 2 12/02/08 Modification of~Conditions Granted 07/12/82 Conditional Use Permit service station Granted 3 10/12/93 Conditional Use Permit Bin o Granted ZONING HISTORY OPEN AIR JEEPS, LLC /JEFFREY D. BLAKE Agenda .Item 1 Page 7 ~ L71S+CLCJSU R~ STATEMENT ~E APPLiCAtvT t~ISCI.{35URF 1f ttte ~~ ~~~t is a cr~tporation, partne,shlp, t,rrr~, business, crr othe ~ ~.,. ~, ~~~ _ cr-~e: organ .- ~ _ .. ror~ - r:a the ~t~lia~wing; 'I . Ltst ~ .w a~aplicant Warne €oliowed by tt~e names caf al! t~#tscef5; members, true -= s, paE &rers, etc. below: {Attacta list if rrecessa~~ Jeffrey t3. B~aice (f'res~entj Zsctte~y f~. Berry ~~Ii,^.e Pres~€e~3t) 2. i.ist atl bus€nesses That have aparent-subsidiary' or af~Piatett business ertt"rte` relt~tonshi~a with the applicants ~~tta~h list rf recessary,~ NDISP. Chs~ck here if the applicant is NDT a cQfp~ratio~:: paftnefshi{~, ~fS?i, business.. or other ~rninczar~rated ©rganizatian. PRf}PERTY OWNER t3[SCt.C}StiRE ~C+rrf,~f,~te this sactinr? tsr~lyi>rp~,aperfyt~wne~ris di~re~at frr>~ ~ ~r~` If the property owner Is a cortsortian. paftf~ershi~, fffm. b~,slness _:r ~thef u~~nco-~orate€~ ~cfganizatio~, corn~iete the fc~lEowing: 9. List the prs~perty owner nerve #cilca~recs b}~ the names o' ate cft'i::ess, n~ef;abers tr'u~tees, prtnefs, eta. belDVw: ~Atta~h Last rt r~~;c~ssar,~;l ~. L~e.~.t ajj/i~t ~{~~aslT'~SC'.~i~i.~{b,l~yh+~rs~48~1 ~5€~.,g{./~C•~ ~ary yr.{~.+~~~-y..r7 ~I (V+~f~.iiinl~rQf~~'~^y. ~~ t~t~~~~'C~i~.V 3~i ~.~~ ~w~rC.~ « ~ ~~•2 P Li6tiQrf.$I~'€'t",t Sir .t~ tS RSr ~N~'Y'4rGi8 H4. ~J4LY [lvdl 1t Jt P.°~ffa,~Li.+s~~t~t L~ t:.l'~eok hE?re !~ the ~}fE3~lefty Ql~+p"t~f IS NQT 3 ~~fp~3t'atipt';, }~BftrT~f~ht{. "fft'1, t}{.trJ~nE'SS, or ether Untn~rpafated £~f~BriEZatSD~. $: "` Bea next lea= #~r faa?~ot~ ~~E" _: r.cnt f3f e(~"~~si~3yeE? C3# thC. v!t}° U1' ~(f~4f;?8 °r3~e7 I'?c~YE? ~fI d.'st~re$t !("; the it ye ~ ss the frame t~f the €~l'fEcial or emp4r~yee any the r~at~sfe of the>r Interest"% c~ _ _. .. . ~--t 0 ~--. r--a ~-•~ W ~~- H A Q V OPEN AIR JEEPS, LLC /JEFFREY D. BLAKE ~4genda -Item 1 Page 8 ~--r R.a I--~ W W c~a z 0 Q z 0 V L71SCL<CJ5t1RE STATEP~{E!`~tT At3I3tTICttd~t~, t?iSC~CISiIFi~ List ate Kr~r cc~rtiracic~rs ar tsinesses that have car ~t~ ;^. ~ :~~d~ s~r~~r.E~s uvit ~~s~~~ t~ f~~~ ~~u~esie pE•o~~rty use €rtci~adin~ t~~t not I61'rr9~i2a ._ -: ~ro~i~~"5 of ar^ :etrt...~~a~ s~fVIC~S, ''B8! BSt2te 58rv~t;@5, #iftatlCiBE S8'vices, ~~CC3~ ^ ~vr~~;; SS, 8nd tE?~~ services: ~A,tta~~? Itst if ns~;ssary~ tdoru~ " "Pa-: ~-° subs'd ~ rti= reEationshiEs" rz~ear~s °a re9ationshi~ !! ~" ex~s:~ ~^e~ rte ccsrpar~:: ~n : ~ect u .~~`"e~Y ts~~ns shares possessing rtac~e tit n ~~ pe~.~e~` ofithe voting power of anc ; - sr corps=-".~n.~ See State and Local GDS: ~, .~~:.,+ ~~~`.~' of Enterests Act,1la Cade § ~.2-39Ci'~. <'~~#sate~ . ~ _ _ : ;yr tel&tic~r~sFtip, rrseans wa rei _~, ~ ~- ~ ~ pare St1~3Sit~~i'~ €"8{B~S~CEStt(3_ ~, ~~ $Y StS ref? {t~ ~it~ t'rLiS9Ae5S @itt~Cy 3,35 ~ GO 1':rti' _ ., _ enterest in the other bus ~~ : ~ •ttity iii} a cor~traRiinct owner in one a `'g+ is r _ ~ .,. , , ~~ s #raer iR trs a+ e; - - .~, or (, 4 :°;~,~ is shared r~~eragernent cr orsr4troE bstwr : ^ ~. W-^. Hess er.fties. ^act ~s t^~ s to~.~ be cans=r~ered in cieterrrsining the existence of an ,~ : _ ,~d bs~ne~s e- a ~ _ .,~- ~Etip €nai~de thetthe saran person or s~ostar~tisEEy tE~e san~_: rz~ ~n c~; o~r r~~=arsF ,~~ the iwa entities• there ere cor~rn~zn of cos~ingied ids ter ~tsset~; t'~s os~siness en:"M_ s share the s~se ofthe serrte aaaes ar ets(a~ees or a~~era~ise s#a~-F ~~. , t'es. res~ . ,:~~ or persarsne3 on a reguEar basis; or there is tatherv~ ti~ ~ ti', st or~:ing re's E , .~ ~~ "~_` . ~_~~ t!G f:~~tities." S,ee Slate and ! a~~ai Govemet.t Gc ~ - . . s: nct Va. Coa:.tc 2~ ..-,- C'~FtTIFtCAT1UN: ! .. < the t ~ ~aia~n sc~~trsed herei o , .. :~ ~ccu€~+e. a . de~r~.~~3t~- ~.,<,: ,~,; ~- ~~ :~-_strd~tn~~~ea~ ~ _ seh~d,,?edfiar r'_- ~ 7 ~ _ ~ _ ~ ... -` ~~iiaag 4~~ ~s -_ , ~ ~ ~c~tut~ ~4 - . n~ c .... _ - , . _ . ~aordingia~~: ~ ,+ ~ ~kage '~`t~e - ~ 1 I t% E~~Ib _ _ ~CIC _ t~ j _~'r G'S tl' , UC'~ ~ , ~ i d . r f`- ~ _ ,~. - ~ G~r~~s"s Si~frt3titre {af d~t~~.~,., t!aan ~ppf.e artE ~ e DISCLOSURE STATEMENT OPEN AIR JEEPS, LLC / JEFFREY Q. BLAKE ,Agenda Item 1 Page 9 Item # 1 Jeffrey D. Blake (Open Air Jeeps, L.L.C.) Conditional Use Permit 800 Seahawk Circle, Suites 128 & 129 District 6 Beach March 10, 2010 CONSENT Joseph Strange: The next items we will address are those items that have been placed on our consent agenda. The Vice Chairman will handle this portion of the agenda. Jay Bernas: Thank you Mr. Chairman. This afternoon we have 7 items on the consent agenda. The first matter is agenda item 1. This is the application of Jeffrey D. Blake. An application of a Conditional Use Permit for an auto repair garage on property located 800 Seahawk Circle, Suites 128 & 129, District 6, at the Beach. Is there a representative on this application? Please come forward. Please ;Mate your name for the record. Jeffrey Blake: Crood afternoon Vice Chairman, Chairman, and members of the Planning Commission, my name is Jeff Blake. I'm the owner and partner of Open Air Jeeps, L.L.C. Jay Bernas: Are the conditions acceptable? Jeffrey Blake: I'rn aware of all six conditions and I'll accept them. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Anderson to please review this item. Janice Anderson: Thank you Jay. This is a Conditional Use Permit for auto repair facility. They are requesting twin suites to an existing office warehouse complex. They currently do a light automobile repair at this facility. They are requesting now a full line of auto repair services, so that is why the U;>e Permit is requested. We have reviewed the application. It appears to be compatible with the surrounding uses. It is an I-1 zoning. Staff has placed six conditions on this Use Permit, so th;~t they will not disrupt, hopefully not disrupt the adjacent business owners, and we recommend approval to Council. Jay Bernas: Thank you. I make a motion to approve agenda item number 1. Donald Horsley: ;second. Joseph Strange: 1 have a motion made by Jay Bernas and a second by Don Horsley to approve by consent, item ]'~ . AYE 10 NAY 0 ABS 0 ABSENT 1 Item # 1 Jeffrey D. Blake (Open Air Jeeps, L.L.C.) Page 2 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 1 for consent. Contitionai Zoning Change from H-1 to Conditionai 8-2 & H-? \f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KUBER HOSPITALITY CORP., Change of Zoning District Classification, H-1 Hotel District to Conditional B-2 Community Business District and Conditional H- 1Hotel District, 1808 Diamond Springs Road. BAYSIDE DISTRICT. MEETING DATE: April 27, 2010 ^ Background: The applicant proposes to rezone a portion of this 3.21-acre parcel, zoned H-1 Hotel District, to B-2 Community Business District for the purpose of developing a retail center. The portion of the site not being developed for the retail center will be zoned Conditional H-1 Hotel. The subject property is located within Strategic Growth Area (SGA) 1 -Burton Station. While located within the Burton Station SGA, the site is located on the eastern edge of the SGA in an area that consists of commercial retail and similar uses and that currently provides goods and services to the adjoining residential neighborhoods to the east and to the light industrial uses to the west on the opposite side of Diamond Springs Road. Moreover, this area provides a land use transition from the more intensive industrial uses to the west and the residential uses to the east. This land use role will continue into the future as SGA 1 develops consistent with the recommendations of the Burton Station SGA Ptan. ^ Considerations: A 13,860 square foot retail center will be developed on the area of the site proposed for rezoning to B-2 Community Business. A portion of the retail center is shown as being anchored by a 3,540 square foot Laundromat. The remaining use of the center for retail uses will be complimentary to the residential neighborhood and hotel patrons. The retail center will be developed in two phases. This rezoning request will allow the first phase development of the retail center described above. To begin development of this first phase, the applicant will remove a former nightclub and a portion of a motel that are currently located on the site. The remaining portion of the motel will continue to operate until the retail center is complete and retail spaces are being leased. The second phase of the development is shown on the submitted plans, but is not part of this current rezoning request. Kuber Hospitality Corp. Page2of3 Quality building materials such as hardy plank, architectural grade roofing, and brick fa~~~des will be used on the retail building. Building material colors will be earth tone selections. There w~is no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion bey a recorded vote of 10-0, to recommend approval of this request to the City Council, as proffered. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location P~Aap Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep~~rtment/Agency: Planning Department City Manager ~c (~2J~~ ~~ ~ ~~~ Kuber Hos italit ~ Cor ~t ~t S `~.. I ~ ~ ~ -~"".---' '~ ~ ~ `~ . X18 R~. ~~ ~1 l~-~ ~1_ ~ . 1 ~jT5` - ,_~ - 1 J'~~. ~ ~ _ ~° ~{~ n Flr Arrpor<'rndustrtmi t ~ -- _ ~ Pei: I ?~2~~ 'r ,~ .. • '' t ~~ J ~ ~ -r-- Contltional Zoning CNam~e /rom H-1 ro Conditional B•Y & H-1 3 March 10, 2010 Public Hearing APPLICANT /PROPERTY OWNER: KUBER HOSPITALITY CORP STAFF PLANNER: Karen Prochilo REQUEST: Conditional Change of Zoning from H-1 Hotel District to Conditional B-2 Community Business District and Conditional H-1 Hotel District. ADDRESS /DESCRIPTION: 1808 Diamond Springs Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14691544630000 portion BAYSIDE 3.21 Acres Less than 65 dB DNL of SUMMARY OF REQUEST The applicant proposes to rezone a portion of the existing H-1 Hotel District property to B-2 Community Business District for the purpose of developing a retail center. The retail center will be developed in two phases. This rezoning request will allow the first phase development of the retail center. To begin development of this first phase, the applicant will remove a nightclub and a portion of the motel that are currently located on the site. The remaining portion of the motel will continue to operate until the retail center is complete and retail spaces are being leased. The second phase of the development is shown on the submitted plans but is not part of the rezoning request. The area of the site rezoned to B-2 Community Business site will consist of a 13,860 square foot retail center. A portion of the retail center is shown as being anchored by a 3,540 square foot laundromat. The remaining use of the center for retail uses will be complimentary to the residential neighborhood and hotel patrons. Quality building materials such as hardy plank, architectural grade roofing, and brick facades will be used on the retail building. Building material colors will be earth tone selections. KUBER HOSPITALITY :CORP.. Agenda Item-3 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAIND USE: Developed motel site with nightclub/lounge and associated parking areas SURROUNDI~~G LAND North: Aragon Drive USE AND ZONING: . Across Aragon Drive, motel suites / H-1 Hotel District • Convenience store / B-2 Community Business District South: . Multi-family development / A-12 Apartment District East: Darnell Drive • Across Darnell Drive, single-family dwellings / R-7.5 Residential District West: . Diamond Springs Road • Across Diamond Springs Road, office-warehouse units / I-1 Industrial District NATURAL RESOURCE AND The site is in the Chesapeake Bay Preservation Area. The site is almost CULTURAL FEATURES: entirely impervious as it is developed with structures and parking. There are no known significant environmental or cultural features associated with this request. IMPACT ON CITY SERVICES MASTER TR~-NSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond Springs Road in the vicinity of this application is considered afour-lane divided minor suburban arterial. The Master TransF~ortation Plan proposes a divided facility with bikeway within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning at capacity at a LOS D. TRAFFIC: ~- Street Name Present Volume Present Capacity Generated Traffic Diamond Springs 29,346 ADT 28,200 ADT (Level of Existing Land Use - Road (2008) Service "C") 2,235 ADT(H-1) 30,600 ADT' (Level of 602 ADT(motel /bar) Service "D") Capacity Proposed Land Use 3- 32,800 ADT' (Level of 2,039 ADT (H-1 / B-2) Service "E" 873 ADT motel /retail Average Daily Trips ' as defined by motel with 43 rooms and a 3,150 SF bar 3as defined b motel and retail • Standard right-of-way improvements will be required along the ulamond 5pnngs Koao ano Aragon urlve frontages. PARKS and RECREATION: A concrete shared pathway will be required during final site plan review. The pathway must be eight feet in width along the Diamond Springs Road frontage to tie to the alignment of the multi-use path to the north. Afive-foot sidewalk will be required along the entire frontage of Aragon Drive connecting to the shared pathway on Diamond Springs Road (the submitted plan shows four feet,of vyidth). ~~ ! , ,. . .-,..~ J Y `~ .> z KUBER HOSPITALITY C(3~2P. ~-genda It'n ~ Pa9~ 2 ~, WATER: This site currently connects to City water. The existing 2-inch meter (City ID# 95087426) can be used or upgraded to accommodate the proposed development. There are existing City water lines in Darnell Drive and Aragon Drive. There is an existing City water main in Diamond springs Road. SEWER: This site is connected to City sanitary sewer. Pump station #314, the receiving pump station for this site, has capacity issues and will require system modification. An engineering hydraulic analysis of Pump Station #314 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There are two 8-inch City gravity sanitary sewer mains, a 48-inch and a 20-inch HRSD force main in Diamond Springs Road. There are City gravity sanitary sewer mains in Darnell Drive and Aragon Drive. There is a force main in Aragon Drive. STORM WATER MANAGEMENT: The stormwater management shown on this site does not appear to be adequate in size. This issue will be addressed during site plan review. POLICE (OPTED): A photometric lighting plan must be provided at Site Plan review. EVALUATION AND RECOMMENDATION Staff recommends approval of this request as proffered. The proffers are provided below. The subject property is located within Strategic Growth Area (SGA) 1 -Burton Station. While located within the Burton Station SGA, the site is located on the eastern edge of the SGA in an area that consists of commercial retail and similar uses and that currently provides goods and services to the adjoining residential neighborhoods to the east and to the light industrial uses to the west on the opposite side of Diamond Springs Road. Moreover, this area provides a land use transition from the more intensive industrial uses to the west and the residential uses to the east. This land use role will continue into the future as SGA 1 develops consistent with the recommendations of the Burton Station SGA Plan. This proposal, with its attractive building design and selection of quality building materials and colors and thoughtful attention to the appearance of the rear building facades, provides an enhancement in this area. The development will offer quality retail and improved lodging facilities and services that are convenient and accessible to a relatively large military and civilian populous living and working in the surrounding area. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The property shall be used for the purposes and uses permitted in the H-1 and B-2 Districts, aloOg,Hritla .} ~~ . _. KUBER HOSPI"FALITY CC3~2P ~ ?~ .,,Agenda Item 3 • :Page 3 ~; ;~ accessory parking and other accessory site features. PROFFER 2: The applicant proposes a hotel on the remaining H-1 zoned property and retail stores on the B-2 zoned property. The development will be completed in phases. Phase I will consist of adding the retail along the front of the site, while keeping the existing hotel operational. PROFFER 3: The hours of ~~peration and number of employees for these businesses will vary. However, it can be anticipated that most retail operations will be open from about 6:00 a.m. to 10:00 p.m. Monday through Sunday. PROFFER 4: Grantor shall install contiguous landscape buffers as approved by the Planning Director, as more particularly set forth on the plan entitled "Diamond Springs Center, 1808 Diamond Springs Road, Conceptual Master Plan" dated September 28, 2009, prepared by Reich Design associates, PLC. PROFFER 5: The landscape buffer along the front and rear of the property shall be increased to 15 feet, a 6-foot high opaque privacy fence shall be erected along the rear property line, and the landscaping shall be expanded an additional twenty-five percent (25%). Owner/Applicant agrees to install 25% more landscaping than is required by thie City of Virginia Beach Zoning Ordinance. PROFFER 6: The Director of Planning or designee shall approve all final architectural plans including the color and materials used for the exterior of the buildings. Owner/Applicant agrees to use quality building, materials such as harder plank, earth tone colors and architectural roofing and brick facade. PROFFER 7: The existing entrance on Aragon Drive shall be closed and relocated to the east to alleviate traffic safety issues as generally shown on the plan entitled "Diamond Springs Center, 1808 Diamond Springs Road, Conceptual Nlaster Plan" dated July 28, 2009 prepared by Reich Design associates, PLC. Final entrance location to be acceptable to the Director of Public Works or designee. PROFFER 8: The west end of the existing "Red Carpet Inn" motel building at1808 Diamond Springs Road shall be removed to rr~eet all City of Virginia Beach Zoning Ordinance building set back requirements from the proposed zoning line as shown on the plan entitled "Diamond Springs Center, 1808 Diamond Springs Road, Conceptual Nlaster Plan" dated July 28, 2009 prepared by Reich Design associates, PLC. PROFFER 9: Further conditions or restrictions against the property may be required by the Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which if agreed to by Grantor, shall be observed or performed by Grantor. PROFFER 10: All reference;> hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by 'the Grantee. .. '.,. ~~ KUBER HOSPITALITY C(QRP. ~ ~ ',. Agenda It~n -~ ~, -Page 4 fi~ PROFFER 11: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Diamond Springs Center, 1808 Diamond Springs Road, Conceptual Master Plan" dated July 28, 2009 prepared by Reich Design Associates, PLC (the Concept Plan), a copy of which is on file with the Virginia Beach Department of Planning, with regard to layout, ingress and egress, landscaping. PROFFER 12: When the Property is developed, it shall be developed substantially as shown on the plan prepared by Reich Design Associates, PLC dated July 28, 2009, said plan being the same plan being submitted to the City council and on file in the Planning Department of the City of Virginia Beach, Virginia (the "Concept Plan"). STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and ensure its compatibility to the surrounding area and consistency with the recommendations of the Comprehensive Plan. The City Attorney's Office has reviewed the proffer agreement dated February 5, 2010, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this change of zoning 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 CertiFcate of Occupancy, are required before any uses allowed by this change of zoning 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 (OPTED) concepts and strategies as they pertain to this site. AERIAL OF SITE LOCATION KUBER HOSPITALITY CORP.: Agenda Item 3 Page 6 ~~ ~~ II Y -. ~ /~` ~i ~ _...- -.i t f f-~~ s• . } 1 ~~~- ~# ,.nom ~ i ~ 1 ~ 8 6P ~ s yxt S. ~i ~ aN!' ~. ' t-' r...~ - ~ y ~ I ~ ~~$ ~~ r~ ~¢ ~ E [ ~ ~ ~, ( i ~ ~ ~ F -~ ~~ ~ ,~ F ~ e ~ _ 8~- ~' f ~r ~K ~ ~_ ~ tt ~ " -- r ~ ~ ~--T' " ~ !~ ~ ~ g t i ~"~' 4 _ ~ [ i i R i kSy u: a C t f tt 9R 7 / r w ~ t J , P.__..._. . r - ~~ .. g i b ~Y '* / ~ t ((~~ ~~ it sr / ~ F V ~ `J ~ _ ^`.._.~ . •rrf atl,un GNO ragl ~.vera nro~e~v ' 5 t ~ ~ l t } ~.. ... ry. i I w ~~ ~ E E E_ ~ k 1 ~e € ~ ~ i 3 ' i ~ `~~ ~ ~i E Ii \.~~~ (., i ~j i F [ N € txr , ./ ~~3jY ~ _ , ~a+xw ~. - ~ `__~."`_ m ~ ~ E r - :-sa _ _~___` _ m ~ t k @@ ~ ~ ~ ~'~:k ean . arrm s»we s r ro <aara~ao,n EXISTING SITE PLAN KUBER HOSPITALITY CARP. Agenda Item 3 Page 7 i~l .~ n.~ d PROPOSED SITE PLAN (PHASE ONES KUBER HOSPiTAL1TY CORP. Agenda Item 3 Page 8 !~ t ~~ i, ~~ ,' ~~~ k r = s g # ?B 4 nsiyi~n a ~ h~~i tr 9 p ~ ~: a a.. °-F1 `~ p ~~~ A g fZ 35YNd) § `. ~ ~N~lOZ iL-Y'dOtid ~ a fl ~ ~ (Aa015 Z) SiW WNO~ ~ aa, 9 3~ tali ® RI ~ 11R X4us [ iV Ii9YW tl 4'IY ~` PROPOSED SITE PLAN (PHASE TWO) KUBER HOSPITALITY CORP. Agenda Item 3 Page. 9 t. I >'I ~~i ryW~/ ~L~~ ~R.;i!R PROPOSED BUILDING ELEVATION KUBER HOSPITALITY CORP. Agenda Item 3 Page 10 hfi ~~~~ oS a,e ~~~~~ ~~S ~~[i~l~ ~ ~lfi • -....+ . + i i ~.: .. ee ~.. ~^~ f ~~~ n i / ~ ~ ~ ~ ~_ f t ~1t 7 -~~,_ -. ,~ ~ ~ '~ -Park ' r ~ ~ ~ ! ' ~ a == Ll s------- ~~- ~., ~ ~~, ~~ , -~-f - ~, - _ ~~ ~-~ _ __ ., _ --_ _ ~ j. ~ ~ ~ 1 1 :1 ~ ~1 V _ ~ , . ,~ ~ i ~ _ _ .• Zoning Change from H-~ io Conditions! 8-2 & H-1 There has been no recent zoning activity in this area. ZONING HISTORY KUBER HOSPtTf-,LITY CORP. Agenda-item 3 Page 11 D APPLICANT DISCLOSURE i the e~i~piicant is a corporation, partnership, ~€rm, business, or ether unin~rporated orgar~azation. complete the following: ~. List the applicant name followed by the names of ail officers, members, trustees, pai~ners, etc. below: jAftach list if necessary} Jana Patet, President H3te~sh Patet, Vice President 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 rei,~tionship with the applicant: {Attach fist if necessary} ~<s~ Ci'Eet`tc here if the applicant is NOT a corporation, partnership, firm, business, ar o~r~f r ~3ninccrrporated organization. PROPERTY OWNER DISCLOSURE ConTplete this sectlan only if property owner rs different from applicant. if the property owner is a corporation, partnership, firm, business, or other unincc7rporated organization, comp}ete the foilowng. fist the property owner name followed by the names of all o~cers, members, tr~.a`ees, partners, etc. betow: {Attach fist if necessat3!i 2. Li.~t a3! businesses that have aparent-subsidiary' ar affiliated business entityz re ationship with the applicant: (Attach fist if necessary} ~~ Check here if the property owner is NOT a corporation, partnership, firm, business, or other uninctarporated organization. :B€ next page far faotr~ates Does an official or employee of the City of Virg'snia Beach have an Interest in the st~bje^t land? Yes ~ No Q if yes: what is the name of the official or employee and the nature of their interest? ~: ,~ .. <Ey R~~t»atex; «~ (~~ a c~ z 0 NW Aa4 6 z 0 f-. 0 v DISCLOURE STATEMENT KUBER HOSPITALITY CORP. Agenda Item 3 Page 12 ~--~ V a ~.. c~ 0 z 0 Q z 0 V AD©ITlONAL DISCLOSURES List afl 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, f:nanciai services, accounting ser,~ices, and legal services: {Attach fist if necessary} Stephen Boone 8 Associates Pir~ra~cie Graup Enginaerursg, inc. Reich Dessgn Associates, fne. Kaufman & Canoles, P.C. ' "Parent-se~bs4diary relationship" means "a relationship that exists when one carporation directly or indirectly owns shares possessing more than 50 percent of the voting p{awer o* another corporation." See State and Local Government Conflict of interests Act, Va. Code § 2.2-31d#. 2 "Affiliated bU5inE8s entity relationship" means ~a relationship, othe€ than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (i'r) a coptroifipg owner in one entity is afro a controlling owner in the other entity„ or (iii; there is shared management or ctsntroi between the business entities. !=~ clone that should be considered in determining the existence of an affiliated b,~s=Hess emit}~ relationship ipelude that the same person or substantially the same person, o;avn or manage the two entities: there are common or commingled funds ar assets;. the business entities share the use of tkte same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close Working relationship between the entities." Sea State and l_oca! Government Conflict of Interests Aet, Va. Code § 2.2-31 Ci 1. CERTtF{CATION: i c€rtifiy=that the information captained hereinrs tree and accurate. understand that, upon receipt of natificatian (postcard) that the appficatian has been scheduled far putsiic hearing, i am responsible fiar obtaining and posting the required sign an the subjeck property at least 3~ days psiar to the scheduled public hearing accordipg to the anstructiops in this package. The undersigned sa cansepts to entry upon the subject property try employees of the Departrr#ent of Piannin o j oto~raph and view the site for purposes of processing and evaluating ths's application. / '~ i ~~ `~' ~~ %' Japak Pate' ~,p,, ~ ~~ aitire Print Name laropery~ Os~vner's Socnatu*e ifi dif#erent than app3i~:^;t) Print (tiiarr~e .^,ts'te' - -C d:~.tsCSeri~:Ap~l3acatio-s P~~g 12 r'' "~ DISCLOURE STATEMENT KUBER HOSPt7AL1TY CORP. Agenda Item 3 Page 13 Item #3 Kuber Hospitality Corp. Change of Zoning District Classification 1808 Diamond Springs Road District 4 Bayside March 10, 2010 CONSENT Jay Bernas: The next matter on the agenda is agenda item 3. This is an application of Kuber Hospitality Corp. for Change of Zoning District Classification from H-1 Hotel District to Conditional B-2 Community Business District and Conditional H-1 Hotel District on property located 1808 Diamond Springs Road, District 4, Bayside. Is there a representative on this application? Welcome. Please state your name. Rodney Flores: :['m Rodney Flores of Pinnacle Group Engineering and the agent for Kuber Hospitality Corp. And we agree with all proffered conditions. Jay Bernas: Is tl~~ere any opposition to this matter being placed on the consent agenda? Hearing none, the Chairn;~an has asked Commissioner Ron Ripley to please review this item. Ronald Ripley: Thank you Mr. Bernas. This is a 3.21 acre parcel of land that fronts on Diamond Springs Road. It is really a redevelopment plan. The first phase is that the applicant needs to rezone part of it 1:o B-2 so he can put some retail shops along the front of the property, and then later redevelop tl-e existing hotel, which is an older hotel to the rear. The land area that is going to be zoned to B-2 is around 1.34 acres, and the retail shops look like they will be about 13,860 square feet, where it is completed. The applicant has worked very closely with the city. There are twelve proffers here to ensure that the quality of the project is a good quality going forward. The proffers require the Planning Director to approve elevations, and materials as they go up. There is some addition~~l landscaping and buffering between the back of the property and the sides of the properties to the neighbors. So, the staff recommended approval, and we concur and put them on the consent agenda. Jay Bernas: Thaunk you. I make a motion to approve agenda item number 3. Donald Horsley: Second. Joseph Strange: I have a motion made by Jay Bernas and a second by Don Horsley to approve by consent, item 3. David Redmond: Mr. Chairman? Can I just make one point? I want to make a disclosure on item 3, Kuber Hospitality Corp. Apparently an agent in my company contacted the applicant with regard to le~~sing the center. It doesn't have anything to do with me. I would not participate or benefit in any~Nay. I still will vote on the application as a result. I just wanted to make sure that disclosure was on record. Item #3 Kuber Hospitality Corp. Page 2 Joseph Strange: Okay, thank you Mr. Redmond. David Redmond: You're welcome. AYE 10 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the Board has approved item 3 for consent. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7589 TO: Mark D. Stiles FROM: B. Kay Wilson DATE: April 12, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Kuber Hospitality Corporation The above-referenced conditional zoning application is scheduled to be heard by the City Council on April 27, 2010. I have reviewed the subject proffer agreement, dated February 5, 201() 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 ~r wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen H~-ssen/ KLTBER HOSPITALITY CORP., A Virginia corporation, To CITY OF VIIZGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT ("Agreement") made this 5th day of February, 2010, by and among KUBER HOSPITALITY CORP., a Virginia corporation (the "Grantor" and/or "Applicant/Owner"); and THE CTTY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee") RECITALS: A. Grantor is the owner of a certain parcel of property located in the City of Virginia Beach being briefly described as 1808 Diamond Springs Road as shown on Map Book 32, Page 70, which said map is duly recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia, and is more particularly described upon Exhibit A attached hereto and made a part hereof (the "Property") B. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the Property from H-1 to Conditional B-2 and H-1. The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). PREPARED BY: ANN K. CRENSHAW, ATTORNEY AT LAW GPIN NO. 1469-15-4463-0000 C. Grantee's policy is to provide for the orderly development of land for various purposes, including commercial purposes, through zoning and other land development legislation. D. Grantor acknowledges that in order to prevent incompatible land use, reasonable conditions governing; the use of the Property, in addition to the regulations generally applicable to land zoned B-2 as specified in the City Zoning Ordinance, are required to address the project proposed in Grantor's rezoning application. E. Grar.~tor has voluntarily proffered in writing, prior to the public hearing before Grantee, as a part of the proposed amendment to the Zoning Map and in addition to the regulations specified in the City Zoning Ordina~lce for the B-2 zoning district, reasonable conditions outlined in this Agreement related to the development and operation of the Property. These conditions will be adopted as a part of the amendment to the; Zoning Map relative to the Property, and have a reasonable relation to the use of the Property as rezoned B-2 and are needed as a result of the rezoning. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a~ part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. The conditions outlined in this Agreement may be amended only by following the procedures and recording the documents as outlined and required in the City Zoning Ordinance. NOW, THEF;EFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid fro guo for zoning, rezoning, site plan, building permit or sirbdivisic>n approval, makes the following declaration of conditions and restrictions governing the use an~3 physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or 2 through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. The Property shall be used for the purposes and uses permitted in the H-1 and B-2 District, along with accessory parking and other accessory site features. 2. The applicant proposes a hotel on the remaining H-1 zoned property and retail stores on the B-2 zoned property. The development will be completed in phases. Phase I will consist of adding the retail along the front of the site, while keeping the existing hotel operational. 3. The hours of operation and number of employees for these businesses will vary. However, it can be anticipated that most retail operations will be open from about 6 a.m. to 10 p.m., Monday through Sunday. 4. Grantor shall install contiguous landscape buffers as approved by the Planning Director, as more particularly set forth on the plan entitled "Diamond Springs Center, 1808 Diamond Springs Road, Conceptual Master Plan" dated September 28, 2009, prepared by Reich Design Associates, PLC. 5. The landscape buffer along the front and rear of the property shall be increased to 15-feet, a 6-foot high opaque privacy fence shall be erected along the rear property line, and the landscaping shall be expanded an additional twenty-five percent (25%). Owner/Applicant agrees to install 25% more landscaping than is required by the City of Virginia Beach Zoning Ordinance. 6. The Director of Planning or designee shall approve all final architectural plans including the color and materials used for the exterior of the buildings. Owner/Applicant agrees to use quality building materials such as hardy plank, earth-tone colors, architectural roofing and brick facade. 7. The existing entrance on Aragon Drive shall be closed and relocated to the east to alleviate traffic safety issues as generally shown on the plan entitled "Diamond Springs Center, 1808 Diamond Springs Road, Conceptual Master Plan" dated July 28, 2009, prepared by Reich Design Associates, PLC. Final entrance location to be acceptable to the Director of Public Works or designee. 8. The west end of the existing "Red Carpet Inn" motel building at 1808 Diamond Springs Road shall be removed to meet all City of Virginia Beach Zoning Ordinance building set back 3 requirements from the proposed zoning line as shown on the plan entitled "Diamond Springs Center, 1808 Diamond Springs Roaci, Conceptual Master Plan" dated July 28, 2009, prepared by Reich Design Associates, PLC. 9. Further conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which, if agreed to by Grantor, shall be observed or performed by Grantor. 10. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 11. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "Diamond Springs Center, 1808 Diamond Springs Road, Conceptual Master Plan" dated July 28, 2009, prepared by Reich Design Associates, PLC (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with. regard to layout, ingress and egress, and landscaping. 12. When the Property is developed, it shall be developed substantially as shown on the plan prepared by Reich L>esign Associates, PLC dated July 28, 2009, said plan being the same plan being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach, Virginia (the "Concept Plan"). 13. The Toning 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 conditions and restrictions specified in this Agreement, including (i) the authority by written order to remedy any noncompliance with such conditions and restrictions, and (ii) the authority to bring legal action or suit to insure compliance with such conditions and restrictions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings. The failure to comply with all conditions and restrictions in this Agreement shall constitute cause to deny 4 issuance of the required building or occupancy permits as may be appropriate. If aggrieved by any decision of the Zoning Administrator made pursuant to these provisions, Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. Appropriate symbols may be noted on the Zoning Map to indicate the existence of conditions and restrictions attaching to the zoning of the Property. The ordinance and conditions and restrictions applicable to the Property shall be made readily available and accessible for public inspection in the Office of the Zoning Administrator and in the City of Virginia Beach Planning Department and they may be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of Grantor and Grantee. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy pemuts as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, the City shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's 5 Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the follovring signatures and seals: KUBER HOSPITALITY CORP. A Virginia co o ation By: Janek Patel Its: ~ ~~ ` ~ COMMONWEALTH OF VIRGINIA CITY OF VIRGINI~~ BEACH, to-wit: I, ~~Y!L ~ ~LLi 7'~K~ ,the undersigned, a Notary Public in and for the City and Stf~~yte aforesaid, do hereby rtify that Janek Patel, whose name is signed to the foregoing instrument as h'.ht.a,c.0~~ _ of Kuber Hospitality Corp., a Virginia corporation, has sworn to, subscribed, and acknowledged the same before me in my City and State aforesaid this 5th day of February, 2010 on behalf of said Company. The said Janek Patel is personally la~own to me. , Notary Pub is V - My commission expires: .3 31 a.0/ oZ- ,~s~w:n+ 1~tX S11~FER L~„~„rw.sNh~of Yrpiria wy Co„rri~,u,,, ~ Martfi 91.2012 6 EXHIBIT A LEGAL DESCRIPTION PARCEL ONE: All that certain piece or parcel of land lying, situate and being in the City of Virginia Beach (formerly Princess Anne County), Virginia, and more particularly designated and described on that certain plat of survey entitled "Amended Plat of Diamond Springs Homes, Princess Anne Co., Va.", dated October, 1952, made by Frank D. Tarrall, Jr. and Associates, Surveyors and Engineers, which plat is duly recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia, in Map Book 32 at pages 70 et seq., and designated thereon as Block Numbered Three (3); reference to which plat is hereby made for a more particular description of said property. PARCEL TWO: All that certain piece or parcel of land lying, situate and being in the City of Virginia Beach (formerly Princess Anne County), Virginia, and more particularly designated and described on that certain plat of survey entitled "Amended Plat of Diamond Springs Homes, Princess Anne Co., Va.", dated October, 1952, made by Frank D. Tarrall, Jr. and Associates, Surveyors and Engineers, which plat is duly recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia, in Map Book 32 at pages 70 et seq., as follows: BEGINNING at a pin on the Westerly line of the right of way of Darnell Drive on the Eastern line of Block One at the point of intersection of the Eastern and Northerly lines of the said Block One, and from said point of beginning running thence South 12° 39' West 91.68 feet to a point thence turning to the right along the arc of a circle with a radius of 10 feet, an arc distance of 15.71 feet to a point; thence North 77° 21' West 140 feet to a point on the line dividing this property from that leased to Sinclair Oil Company; thence along the line dividing this property from that leased to Sinclair Oil Company North 12° 39' East 106.57 feet to a point on the Northerly line of the said Block One on the line dividing this property from that now or formerly Christopoulos; thence South 75° 29' East 150 feet to a point on the Westerly line of Darnell Drive, the point of beginning. It being the same property conveyed to Kuber Hospitality Corp., a Virginia corporation, by deed from B. D. Patel and Chandrabala B. Patel, husband and wife, dated October 1, 1998 and duly recorded October 5, 1998 in the aforesaid Clerk's Office in Deed Book 3960 page 1877. :O DM AU'C DOCS\DOCS V B\8 341605\5 7 -58- Item V-M.3. PLANNING ITEM # 58875 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley. Vice Mcryor Louis R. Jones, John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent: None Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.2-311 S(E), Code of Virginia re Item M.3. (Ellis-Gibson Development Group/Lake Gem II, LLC). Mayor Sessoms ABSTAINED from voting on this transaction because he is an Officer of TowneBank, which is located at 297 Constitution Drive, and the applicant ~ obtain ftnancing from TowneBank. Mayor Sessoms' correspondence of Mav 26, 2009, is hereby made a part of the record. May 26, 2009 -57- Item V-M.3. PLANNING ITEM # 58875 Upon motion by Vice Mayor Jones, seconded by Councilman DeSteph, City Council ADOPTED an Ordinance upon application of ELLIS-GIBBON DEVELOPMENT GROUP /LAKE GEM II, LLC for a Conditional Use Permit re a seasonal outdoor "green "market at 2181 Upton Drive. ORDINANCE UPON APPLICATION OF ELLIS-GIBSON DEVELOPMENT GROUP /LAKE GEM II, LLC, CONDITIONAL USE PERMIT, SEASONAL OUTDOOR 'GREEN' MARKET, 2181 LIPTON DRIVE. 8050935341 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of ELLIS-GIBBON DEVELOPMENT GROUP /LAKE GEM II, LLC, Conditional Use Permit, seasonal outdoor `green 'market, 2181 Upton Drive. (GPIN.• 24142499220000) DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: 1. The ctetivities of the Green Market shall occur in the area of the parking lot on the southern side cif the retail strip designated as D8E-1. 2, Operation of the market shall occur only once per week, on Saturday, between 8:00 A.M.. and i : 00 P.M.. during the period between the traditional Memorial Day weekend and the last Saturday in September. 3. TrasJt and recycling receptacles shall be located at the entrances to the market. The site shall be cb~ared of trash at the conclusion of each market day and all receptacles shall be removed and contents properly disposed of at the end of each market day. 4. Park;~ng for the market shall occur in the parking area at the east side of the retail strip as allox~ed by agreement between the applicant and those property owners. S. The market shall be only for the sale of local agricultural, seafood, related organic food prod:ects and hand-made craft items. Pet-friendly businesses, non profit organizations and health & wellness experts may also operate within the market area. 6. The ~,'oning Administrator shall review this Use Permit on an annual basis to determine if there have been any issues during the prior season of operation that negatively impact on the compatibility of the use with the surrounding area to the extent that a re-evaluation of the Use .Permit is necessary. If so, the Use Permit shall be re-evaluated by the Planning Department staff who shall recommend appropriate action to the Planning Commission and City Council. This Ordinance sJ7a1! be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of May, Two Thousand Nine May 26, 2009 11Iap K,L 12 Man /Vof to Scale ~ : ~ ~P i ~t~m ~ ~- T ~ ~' 1 "i - ce ~ ,~~ ~ ~ ~ ~ i ~~ ~ 7 ~ ~ t I r r _ ~R ` r~ ~ `''-' ~ o ~~ { ~ ~~ - ,f ` _ - ; , ~, j/ _ __ _ _ /.~ l .M1 _ ~ \ I ~ ~~ / ~^ y/ l / ~ q n ~ ` ~ ~ ~ ~ r". ~. ~i 'Znnine wish f'nn.I.tf:....~io...n__ Modification of Conditions H. ~~M~~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LAKE GEM D8, L.L.C., Modification of Conditions, approved by City Council on May 13, 2009, 2181 Upton Drive. PRINCESS ANNE DISTRICT. MEETING DATE: April 27, 2010 ^ Background: The Conditional Use Permit permitting an Outdoor `Green' Market was approved by the City Council on May 13, 2009. The Conditional Use Permit has six conditions and allows use of a portion of the parking lot at Red Mill Commons and Red Mill Walk shopping areas for an outdoor `green market' place. This green market is anon-profit organization that is dedicated to providing a place in this area for residents and visitors that encourages people to eat locally grown or produced foods and promotes the local economy by connecting local sources to the public. The market operates on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September. ^ Considerations: The applicant is requesting modification of Condition 2 of the 2009 Use Permit for the purpose of allowing the Green Market to operate the weekend prior to the Thanksgiving and Christmas holidays in addition to the days previously approved. The applicant is also requesting modification of Condition 5 for the purpose of also allowing homemade items as well as handmade items. An additional revision is also requested that would allow a manned table with literature advertising the shops at the Red Milt Marketplace (no items from the shops will be sold at this table). There was no opposition to the request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: All conditions with the exception of Number 2 and Number 5 attached to the Conditional Use Permit granted by the City Council on May 13, 2009 remain in effect. Lake Gem D8, L.L.C. Page2of3 2. (condition Number 2 of the May 13, 2009 Conditional Use Permit is deleted and replaced with the following: Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September, in addition to two holiday markets -one before Thanksgiving and one before Christmas. 3. Condition Number 2 of the May 13, 2009 Conditional Use Permit is deleted and replaced with the following: The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, as well as homemade and handmade items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. ^ Attachments: Staff Review and Disclosure Statements Minutes o.f Planning Commission Hearing Location AAap Recommended ~4ction: Staff recommends approval. Planning Commission recommends approval. Submitting Dep~irtment/Agency: Planning Department City Manager: ~ ~~ ~ of ~ `~B2 / ~'" A18' /""' - ecaova~ve~ ,; / ~~ s2 _~< ~~""~. ,1pK d ,~. A12" ~, _ R~l:'~ ; ~~~ ~' 75\ ~~~7:5~ ~z«~„w.xncawx,ox.,P,omn FAodffication of Conditions 9 April 14, 2010 Public Hearing APPLICANT /PROPERTY OWNER: LAKE GEM D8, LLC STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit for an Outdoor `Green' Market (Flea Market) approved by the City Council on May 13, 2009. ADDRESS /DESCRIPTION: 2181 Upton Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24142499220000 PRINCESS ANNE Total Site: 4.75 acres 65 dB to 70 dB DNL Lease Site: 27,500 SF SUMMARY OF REQUEST The Conditional Use Permit permitting an Outdoor `Green' Market was approved by the City Council on May 13, 2009. The Conditional Use Permit has six conditions, which are provided on the next page. The applicant is requesting modification of Condition 2 for the purpose of allowing the Green Market to operate the weekend prior to the Thanksgiving and Christmas holidays in addition to the days previously approved. The applicant is also requesting modification of Condition 5 for the purpose of also allowing homemade items as well as handmade items. An additional revision is also requested that would allow a manned table with literature advertising the shops at the Red Mill Marketplace (no items from the shops will be sold at this table). LAKE GEM D8, LLC. Agenda Item 9_ Page 1 1. The ~rctivities of the Green Market shall occur in the area of the parking lot on the southern side of the retail strip designated as D8E-1. 2. Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 l~.m., during the period between the traditional Memorial Day weekend and the last Saturday in September.. 3. Trash and recycling receptacles shall be located at the entrances to the market. The site shall be cleared of trash at the conclusion of each market day, and all receptacles shall be removed and contents properly disposed of at the end of each market day. 4. Parking for the market shall occur in the parking area east side of retail strip as allowed by agreement between the applicant and those property owners. 5. The rnarket shall not sell "hard good" type items other than those indicated. The market shalt be only for the sale of local agricultural, seafood, and related organic food products, pet friendly businE~sses, non-profit organizations and health and wellness experts. 6. The Z~~ning administrator shall review this Use Permit on an annual basis to determine if there have teen any issues during the prior season of operation that negatively impact on the comp~rtibility of the use with the surrounding area to the extent that a re-evaluation of the Use Permit: is necessary. If so, the Use Permit shall be re-evaluated by Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. LAND USE AND ZONING INFORMATION EXISTING LAUD USE: Retail center and parking lot SURROUNDINIG LAND North: Retail shops and parking / B-2 Community Business District USE AND ZO~IING: South: Retail shops and parking / B-2 Community Business District East: . Retail shops and parking / B-2 Community Business District West: Retail shops and parking / B-2 Community Business District NATURAL RE:~OURCE AND The site is mostly impervious with pavement and a retail strip center. CULTURAL FEATURES: There are no known significant natural resources or cultural features located on the site. IMPACT ON CITY SERVICES PUBLIC WORN;S TRAFFIC ENGINEERING: No impacts to traffic through this modification. WATER and SEWER: Site is connected to the City water and sewer systems. PERMITS and INSPECTIONS: Requirements as defined by the Virginia USBC and the 2006 International Building Code: If flame spread information does not exist for the fabric of the tenants' tents, grouping of tents cannot exceed 900 square feet. Each group of tents must have a minimum of 20 feet separation distance between them in order to comply with the requirements of Section 2403.8.2 of the International Fire Code, 2006. Any modification to the existing electrical service will require proper permits prior to market operation. • The use of extension cords for any tenant needing electrical power must be approved by the Fire Department per Section 605 of the International Fire Code, 2006. Minimum restroom fixture requirements would permit separate sexed, ADA-compliant portable restrooms to be used for the 4-hour period of this market. HEALTH DEPARTMENT: Coordinate market activities with Virginia Department of Agriculture and Consumer Services prior to market opening. EVALUATION AND RECOMMENDATION The applicant's proposal to enhance the offerings of this Outdoor Market through the modification of Conditions 2 and 5 is acceptable. This type of outdoor market provides an additional amenity to the residents of this area, as well as an attraction for visitors. The revisions to the conditions will continue to ensure the success of the market while maintaining its compatibility with the surrounding area. Staff, therefore, recommends approval of the request with the modifications to the conditions below. CONDITIONS 1. All conditions with the exception of Number 2 and Number 5 attached to the Conditional Use Permit granted by the City Council on May 13, 2009 remain in effect. 2. Condition Number 2 of the May 13, 2009 Conditional Use Permit is deleted and replaced with the following: Operation of the market shall occur only once per week, on Saturday, between 8:00 a.m. until 1:00 p.m., during the period between the traditional Memorial Day weekend and the last Saturday in September, in addition to two holiday markets -one before Thanksgiving and one before Christmas. 3. Condition Number 2 of the May 13, 2009 Conditional Use Permit is deleted and replaced with the following: The market shall be only for the sale of local agricultural, seafood, related organic food products, pet friendly businesses, non-profit organizations, health and wellness experts, as well as homemade and handmade items. A manned table may also be provided with literature pertaining to the shops located in the shopping center, but no sale of items from the shops in the shopping center shall occur at this table. NOTE: Further conditions maybe 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 Cenfer and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, :ire 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 fir crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. AERIAL OF SITE LOCATION LAKE GEM. D8, LLC Agenda Item 9 Page 5 i B MARKET LOCATION LAKE f EM D8, LLC Agenda Jtem 9 Page 6 -~ ' o Z° ~r, -..~ _ ~5~, x ~ W _~ E (~ i~ . ~ .. _ .' .- O _• cc C .. -~ Y'~ V ~ _, .... U ,_ F. ~.. _ , _ .J _ _ -~ J ~ li F~LQ~ - ~~' _ _ a ~~~ - _ W ~ _. ~ _ .. t3 I~L~ ~ ~a ~ a:. y t ~ - i_~ W Y __ r. K i 1 - < W ~~ - LLI O !~ i__ ~r ~ ~ ~8 - ~ ~~s °¢ ; ~ apse- `e z a z, ~ ~ Qt ~~\ -~ ~ ~~ ~~~~s ~ ~€z~ ~ ~ J J ~~ ~ a 3f ,a ~ ~. 4 r 3 ~m ~. 'vc ~ s~ i:_Y~ ~ ~ ~~ ~ =st S 3 ~: ~S a D .~ i. ~ ao ~~.~ o R 8 s ~° d aw s'E ¢~ ~ . , v di e pg yy yx • ¢ i ^ M F a. .. >~ ~:Y y€ Z \ ~ ~ f ~~ 3 ~~ ~ s (€~ ~ SI ~3~ i c ' y_ O _~~ f S L ~ , ~~~a~zuo ~ ' ~~ r ~' i .~~~~E~I~' ~, ~ ~~~ ~~~•o~~ ;~b,0 ~ ~~fyPe ~~ i s ^ a~ ~ 5 i II~ Y ~ C qqpp yp {~~ ~ ~ ~ ~ ~ L ( ~ 4 i i ~i Sf ~R !] ~ c 5 ~~~~a dit{ 6.$ 6~i ai U~r~=xO w¢~u<3~5~~~~0t4 ~ ` ` y { ~. ~ MARKET LOCATION LAKE BEM D8, LLC Agenda Item 9 Page 7 LL OC :;~' t/S Q ...! W C1! ~-. W Q W W LAKE GEM D8, LLC Agenda item 9 Page 8 ~ ~l~Q [~~~~ T'~S~ T .T ,f`` •Zonirrg with Conditians/ProHers MOdI}t%Catfof? of COt1L1f1I'1Df"tS 1 2 3 4 08/12/08 Modification of Conditions Granted 08/05/03 Conditional Use Permit Bulk stora a Granted 12/05/00 Conditional Use Permit (automobile service station Granted 01/13/64 Conditional Use Permit Racetrack Granted 11/12/63 Rezoning Residential Agricultural Limited Commercial to Limited Commercial Granted 03/25/03 Conditional Rezonin B-2 to B-2 8~ A-18 Granted 12/11/01 Conditional Rezonin B-2 to A-12 Granted 11/14/95 Conditional Use Permit (automobile service station Granted 09/25/90 Conditional Use Permit fuel sales & car Granted 711\~~\~f- ~ 1~l+TAP'f~~ ~ ~~ LAKE GEM D8, LLC Agenda Item 9 Page 9 ~' i ~~ ~•t ~i ~~~ ~~ ~~{ ~~~ ~~ ~,I ~l ~_~ >l~~ ~' ~' _~ , l~~t ~~ DISCI„OSLT~~ STATEtVIENT wash APPLICANT DISCLOSt1RE if the applicant is a corporation, partnership, firm, business, or ether unincorporated organization. complete the following: 1, List the applicant name followed by the names cif all offcersr members, trustees, partners, etc. below: {AKach fist if necessary) LACE GEM D8, LLC - ERIC AM13DERSON, LUCY REAS{~N, JOHfS GtBSOt~, BRUCE BERLtfV. 2. Lis# al! businesses that have a paren#-subsidiary" ar affiliated business entity2 relationship with the applicant: (Attach list if necessary} NtA ^ Check here if the appl'scant is NOT a corporation, partnership, tip, business, or other unincorporated organization. PROPERTY OWNER DISCLOSItRE 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. Liss the property owner name followed by the names of all officers, members, trustees, partners, etc. below: {Attach list ifnecessary~ 9~='A 2. Dist all businesses that have aparent-subsidiary' or affil"sated business entit}~ relationship with the applicant: (Attach listlfnecessary} NtA ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 `See nexf page for foo#rso#es Does art official or e~mpioyee of the City of tlirginia ~aeh have an interest in the subject (and? Yes No }f yes. what is the name of the official or employee and the nature of their interest'? ~~~~~~~c+c~~cs.~ ,a~,..,. G;~as~a Rea+asea 7t3r`€ LAKE GEM D8, LLC Agenda.-:Item 9 Page 10 URE gTATEt~tENT ~~ D1SCL.CJS >~~ ADDiTlONAL DISCLaSURES List all known contractors or businesses that have or wli 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 legaE services. {Attach list if necessary) NlA ' "Parent-subsidiary relationship means''a relatlonshlp that exists When One corporation directlp or indirectly owns shares possessing more than Sri percent of tt~e voting power of another corporation " See State and Local Government Conflict of interests Act, Va. Code § 2.2-3#fl'l. ' ~ °`Affliated business entity relationship" means "a relationship, other than parent- subsidiary re~tionship, that exis#s when (i) one business entity has a con#rolling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iij 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 awn or manage the hao entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working reiati©nship between fhe entities:' See State and Local Government Conflict of interests Act, Va. Code 22 3'l {l9 - - R-~ ~.-~ O ~--~ O V w O /~ ~~ r T~~ i~ ~~ ~~~ CERTIFICATIQN: I certify that the information contained herein is true and acasrate. 1 understand that, upon receipt o6 nuatifiicaton (postcard) that the application has been schedulers far public hearing, 1 am responsible far abtasni~ag end postingthe required sign on the sut~ect property at least 3t3 days prior to the scheduled p~sblla hearing according to the instructions in this paokage. The undersigned also consents to entry upon the subject property by employees of the Department of Plan~tinc'c p^otagrap9? and view the site for purposes or processing and evaluating this appl§cation. ~~[=F ~121TZ gppl.cart s 5 ~ .a' 'e Print Name ,,z...,»-.~--r- .~ ~ _, __ ~- __ - t~.. s k Property C3wyners S~gnat~Te tir-~5s~e~t t~18n applicant] Print Name ~, s ~ . _~ . p.' ~- of c; a t _~s =, P, ,. 11p#11 RED =~P rrs}27 DISCLOSURE STATEMENT LAKE GEM D8, LLC Agenda Item. 9 Page 11. Item #9 Lake Gem D8, L.L.C. Modification of Conditions 2181 Upton Dri~re District 7 Princess Anne April 14, 2010 CONSENT Jay Bernas: The next matter is agenda item 9. This is an application of Lake Gem D8, L.L.C. for a Modification of Conditions approved by City Council on May 13, 2009 on property located at 2181 Upton Drive, District 7, Princess Anne. Welcome. Jeff Fritz: Good afternoon. Jeff Fritz. I represent the landlord for Lake Gem D8. We have reviewed the conditions as written, and have no objections. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Horsley to please review this item. Donald Horsley: 'Thank you Jay. The applicant has asked for a Modification of Conditions of a Conditional Use Permit that was granted in May 2009. And the conditions to be changed are Conditions 2 and 5, which allows them to be opened one weekend prior to Thanksgiving, and one weekend prior to Christmas, on Saturdays. Also, in Condition 5, it allows for homemade items, as well as r~omemade crafts and whatever to be sold there. In addition, it allows for a table to be on display ~-ith advertisements, and information about the surrounding shops that are there at Red Mill. So, the staff saw no reason not to approve this, and there wasn't any opposition. None here today either. So, we put it on the consent agenda. Jay Bernas: Thank you. 1: will make a motion to approve agenda item 9. Joseph Strange: A, motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE Item #9 Lake Gem D8, L.L.C. Page 2 REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 11-0, the Board has approved item 9. K. APPOINTMENTS MINORITY BUSINESS COUNCIL OPEN SPACE ADVISORY COMMITTEE PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. N NEW BUSINESS ADJOURNMENT FY 2010-2011 Budget Schedule DATE May 4 May 11 TIME 4:00-6:00 PM 6:OOPM EVENT Workshop ADOPTION LOCATION..... _~ City Council Conference Roam City Council Chamber CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 4/13/2010 PAGE: 1 AGENDA I"('EM # SUBJECT B S E D L E D H E L D S I E J S MOTION VOTE I A T E D N O S T V E Z Y L N O T I P E E E E M O S H L R Y S S UA CITY MANAGER'S BRIEFING: Karen Lasley, Zoning NEWTOWN SGA IMPLEMENTATION Administrator PLAN Joe Nickol, Urban Design Associates IUIIUIVN/ CERTIFICATE OF CLOSED SESSION CERTIFIED V UE F_1 MINUTES -March 23, 2010 APPROVED G/H1 MAYOR'S PRESENTATIONS: Richmond Mill 2010 COMMUNITY RECYCLING Manager, Sonoco AWARD to PUBLIC WORKS Products American Forest & Paper Association Jason Cosby, Director, Public Works Phil Davenport, Waste Management John C. Barnes, Waste Management Administrator Vl PUBLIC HEARINGS: OPEN AIR CAFE LEASES NO SPEAKERS 2 FARMER'S MARKET LEASES NO SPEAKERS 3 INSTALLMENT PURCHASE NO SPEAKERS AGREEMENT (ARP) a. 4884, 6637, and 4700 Block of Blackwater Road b. 2700 block of Reads Road c. 3141 W. Gibbs Road J/K/1 Ordinance to AMEND City Code § 12-49.1 ADOPTED, BY re PermitsMspections Fees for Fire CONSENT Marshall 2 Ordinance to AUTHORIZE the 2010 ADOPTED, BY Housing Choice Voucher Five-Year CONSENT Plan to HUD 3 Ordinance to AUTHORIZE all documents ADOPTED, BY required/APPROPRIATE $395,000 for CONSENT acquisition of property fronting Mathews U H R I N W I L S O N W O O D CITY OF VIRGINIA BE~tCH SUMMARY OF COUNCIL .9CTIONS DATE: 4/13/2010 PAGE: 2 B AGENDA E L D E D H S E ITEM # SUBJECT MOTION VOTE L D S I E J S U W I I T A V T E E Z D Y N L O S H L W T I P E E E N E O M R I S O O O O S H L R Y S S N N D 4 Resolution to AUTHORIZE Police re- ADOPTED BY 11-0 y certification re Criminal Justice Services' , CONSENT y Y y Y y Y Y Y Y Y Certified Crime Prevention Community program. 5 Ordinances to AUTHORIZE acquisition of ADOPTED, BY 10-0 Y Y ARP easements: CONSENT A Y Y Y Y Y Y Y Y B a. Venable Real Estate Limited S Partnership: $535,724 in the 4700 T block of Blackwater Road `~' I b. Rufus C.Barbara P. White: N $1,212,150 at 3141 West Gibbs E Road/6637 Blackwater Road/:>.700 D block of Reads Road c. Sisters II, LLC: $331,714 at 4884 Blackwater Road 6 Ordinance to AUTHORIZE 3-year lease with Chris /Cathie Sale tia Back B ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y ay Mining Company for spaces at Farmer's CONSENT y y Market 7 Ordinance to AUTHORIZE ADOPTED 8 3 N Y Y encroachments into a portion of City-owned Y Y N Y Y Y N Y r-o-w for JANE W. STEINHILBEIi at 4821 Lauderdale Avenue DISTRICT 4 - BAYSIDE 8 Ordinance to AUTHORI.LE ADOPTED, BY 11-0 Y Y Y Y y encroachments into a portion of a Cihy- CONSENT y y Y Y Y y owned drainage easement., Canal No. 2, for STIHL, INC. DISTRICT 6 -BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 4/13/2010 B E D S W PAGE: 3 L E D H E J S U I AGENDA MOTION L VOTE I D S A T I E E D N O S H L W S O ITEM # SUBJECT T V E Z Y L N O R T I P E E E R Y E M S S I O O N N D O S H L Ordinance to AUTHORIZE the City ADOPTED BY Y 11-0 Y Y Y Y Y Y Y Y Y Y 9 Manager to grant Franchise Agreements re CONSENT Open Air Cafes: New (One Year): a. Holiday Inn Sunspree Cafe b. Cancun Fiesta Cafe Renewals (Five Year): a. 11'" Street Cafe -Atlantic Avenue b. 11`~ Street Cafe -Boardwalk c. Albie's Pizza d. Black Angus Cafe e. Catch 31 Cafe f Dough Boys 24's Cafe g. Marriott Courtyard Cafe h. Planet Pizza . i. Rockfish Boardwalk Bar/Sea Grill Cafe 10 Ordinances to ACCEPT/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT a. $47,900 from Homeland Security to Fire re Citizen Corps Council /Community Emergency Response Team b. $55,158 from Juvenile Accountability Grant to Human Services re intense mental health disabilities: $49,642 from Criminal Justice Services $2,758 from increased state revenue $2,758 from City FY 2009-10 Court Services Unit c. $30,000 from DEA Seized Property to Police re Police Training Facility (tactical simulation building) 11 Ordinances to TRANSFER: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. $424,000 from Contingencies re Tax Relief for Elderly/Disabled Program b. $172,283 from Contingencies to the General Registrar re 2010 Republican Primary Election c. $1,460,547 from Debt Service savings to Risk Management re insurance premiums/ self insurance claims CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ,51CTIONS DATE: 4/13/2010 PAGE: 4 B AGENDA E D S L E D H E ITEM # SUBJECT MOTION W VOTE L D S I E J S U I I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D L/1 NEW BEGINNING DELIVERANCE APPROVED/ 11-0 y OUTREACH MINISifRIES, INC. CUP CONDITIONED y y I, ~, }, I, Y Y Y Y re church at 4992-5 Euclid Road. , BY CONSENT DISTRICT 2 - KEMPS VII,LE 2 DCW ENTERPRISES. INC. d/b/a APPROVED/ 11-0 Y COLORPRO/TEL AIVD CONDITIONED Y Y }' Y Y Y y y 1, y ASSOCIATES, LP CIlP re auto , BY CONSENT body/paint shop at 491 ] Potomac Street. DISTRICT 2 - KEMPS MLLE 3 CENTRO EVANGELISTICO APPROVED/ 11-0 Y Y HISPANO PIE LEASING INC. CUP re CONDITIONED Y Y Y ~, Y Y Y Y Y church at 4999 Cleveland Street. , BY CONSENT DISTRICT 2 - ICEMPSV'ILLE 4 NEW CINGLILAR WIRELESS FCS. APPROVED/ 11-0 Y LLC T/A AT&T/ CIT!/ CUP re CONDITIONED Y y Y }' y Y Y y y 1, communication tower at 408 Sandbridge , BY CONSENT Road. DISTRICT 7 - P1tINCESS ANNE 5 Applications of KARINIPHILLIP, INC./PARR PROPER7f IES LLC ALLOWED TO 11-0 Y y 1' Y Y , re tattoo parlor at 114 South Wit hd k WITHDRAW, Y y y y 1• 1, c uc : Road: DISTRICT 2 - KI:MPSVILLE BY CONSENT a. COZ from 1-1 to Conditional B-2 b. CUP 6 TAMI WALKER MOO1K fora Conditional Use Permit re small en in APPROVED/ 11-0 Y y y Y y y Y ~, g e repair at 501 Virginia Beach Boulevard REVISED CONDITIONS y Y y (DISTRICT 6 -BEACH) ~ ROBERT RAMSAY CU]? re firewood APPROVED/ 1 I-0 y y Y Y Y preparation at 3025 New Bridge Road CONDITIONED, Y Y Y Y Y Y DISTRICT 7 -PRINCES ,ANNE BY CONSENT 8 Resolution to REFER to Planning ADOPTED 11-0 y y y Y y Commission amendments to CZO Y y Y Y y y §111/212 re electronic display signs (LED M APPOINTMENTS: RESCHEDULED Y C O N S E N S U S SOCIAL SERVICES BOARD CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 4/13/2010 PAGE: 5 AGENDA ITEM # SUBJECT B E D S L E D H E L D S I E J S MOTION VOTE I A T E D N O S T V E Z Y L N O T I P E E E E M O S H L R Y S S U H R I N W I L S O N W O O D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 4/13/2010 PAGE: 6 AGENDA ITEM # SUBJECT B E D S L E D H E W L MOTION VOTE I D S I E J S U I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D SOUTH HAMPTON ROADS Appointed: RESOURCE COIVSERVAT]ON and David Trimmer DEVELOPMENT COUNCIl. - Clay Bernick RC&D No Term N/O/P ADJOURNMENT: 6:40 PM PUBLIC COMMENTS SEVEN Non-Agenda Items SPEAKERS 6:42-7:08 P.M. 9-0 Y Y A Y Y Y Y Y Y Y A FY 2010-2011 Bud et Schedule DATE "` ~~' TIM): - EVENT _ _.. ~ ~ ~- - --- LOCATION ~_ April 20 4:00-b:00 PM Workshop Apri122 _ 6:00 PR1 ___ Public Hearing City Council Conference Room Apri127 ~~ 1 hr before Inform,3l g Tallwood High School A n12 P ~ 7 ° 6:00 PM Public Hearin CIty Council Conference Room May 4 400-6:OD PM _ g Workshop City Council Chamber Ma 11 Y OOPM 6 City Council Conference Raam ,, . ADOPTION City Council Charrther